[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Rules and Regulations]
[Pages 46352-46357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22249]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 1996-97
Early Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule prescribes special early season migratory bird
hunting regulations for certain tribes on Federal Indian reservations,
off-reservation trust lands and ceded lands. This responds to tribal
requests for U.S. Fish and Wildlife Service (hereinafter Service)
recognition of their authority to regulate hunting under established
guidelines. This rule allows the establishment of season bag limits
and, thus, harvest at levels compatible with populations and habitat
conditions.
EFFECTIVE DATE: This rule takes effect on September 1, 1996.
ADDRESSES: The public may inspect comments received, if any, on the
proposed special hunting regulations and tribal proposals during normal
business hours in Room 634, Arlington Square Building, 4401 N. Fairfax
Drive, Arlington, Virginia. The public should send communications
regarding the documents to: Director (FWS/MBMO), U.S. Fish and Wildlife
Service, Room 634-ARLSQ, 1849 C Street, NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, (703/358-1714).
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3,
1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the
Secretary of the Department of the Interior, having due regard for the
zones of temperature and for the distribution, abundance, economic
value, breeding habits, and times and lines of flight of migratory game
birds, to determine when, to what extent, and by what means such birds
or any part, nest or egg thereof may be taken, hunted, captured,
killed, possessed, sold, purchased, shipped, carried, exported or
transported.
In the August 16, 1996, Federal Register (61 FR 42730), the Service
proposed special migratory bird hunting regulations for the 1996-97
hunting season for certain Indian tribes, under the guidelines
described in the June 4, 1985, Federal Register (50 FR 23467). The
guidelines responds to tribal requests for Service recognition of their
reserved hunting rights, and for some tribes, recognition of their
authority to regulate hunting by both tribal members and nonmembers on
their reservations. The guidelines include possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10-September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
In the March 22, 1996, Federal Register (61 FR 11986), the Service
requested that tribes desiring special hunting regulations in the 1996-
97 hunting season submit a proposal including details on:
(1) Requested season dates and other regulations to be observed;
(2) Harvest anticipated under the requested regulations;
(3) Methods that will be employed to measure or monitor harvest;
(4) Steps that will be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would impact
seriously on the migratory bird resource; and
(5) Tribal capabilities to establish and enforce migratory bird
hunting regulations.
No action is required if a tribe wishes to observe the hunting
regulations established by the State(s) in which an Indian reservation
is located. The Service has successfully used the guidelines since the
1985-86 hunting season. The Service finalized the guidelines beginning
with the 1988-89 hunting season (August 18, 1988, Federal Register [53
FR 31612]).
Although the proposed rule included generalized regulations for
both early- and late-season hunting, this rulemaking addresses only the
early-season proposals. Late-season hunting will be addressed in late-
September. As
[[Page 46353]]
a general rule, early seasons begin during September each year and have
a primary emphasis on such species as mourning and white-winged dove.
Late seasons begin about October 1 or later each year and have a
primary emphasis on waterfowl.
Comments and Issues Concerning Tribal Proposals
For the 1996-97 migratory bird hunting season, the Service proposed
regulations for 22 tribes and/or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. Some
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with early-
season proposals are included in this final rulemaking; 10 tribes have
proposals with early seasons. Comments and revised proposals received
to date are addressed in the following section. The comment period for
the proposed rule, published on August 16, 1996, closed on August 26,
1996. Because of the necessary brief comment period, the Service will
respond to any comments received on the proposed rule and/or these
early-season regulations not responded to herein in the September late-
season final rule.
Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
To date, the Service has received one comment letter. The Wisconsin
Department of Natural Resources (WIDNR) July 5, 1996, letter to the
Great Lakes Indian Fish and Wildlife Commission (GLIFWC), was copied to
the Service. In this letter, the WIDNR communicated concerns regarding:
(1) The suggested monitoring of harvest impacts on giant Canada geese;
(2) the consistency between the length of other goose seasons and bag
limits for the GLIFWC and the State of Wisconsin; (3) the initiation
and completion of studies on the impacts of a September 15 duck season
opening on local breeding populations; and (4) honoring the noon
opening for shooting hours for the first day of the State's duck season
and the State's open water hunting restrictions.
The Service believes it is necessary to place this GLIFWC proposal
in the context of a tribal entity having court established legal rights
on ceded lands. Further, the Service's policy is to recognize treaty
rights wherever there is substantial proof that they occur, e.g., more
recently in the Michigan 1836 Treaty area. Thus, the GLIFWC proposal
has as its umbrella the recognition by the Federal Government of those
reserved rights by bands to an unquantified amount of any harvestable
migratory bird surpluses in the ceded areas. Our position derives from
the special status that Native Americans have with regard to the
Federal Government's trust responsibility, as well as precedent setting
court decisions in Wisconsin and elsewhere when these reserved treaty
rights have been at issue.
As to the details of the proposal comments, our response remains
that the current populations of birds can support the bands' limited
harvest. In past years, the GLIFWC's member bands have annually
harvested about 2,000 and 500 ducks and geese, respectively. In 1995-
96, under nearly identical regulations, 2,747 ducks and 319 geese were
harvested. Under the proposed regulations, the GLIFWC anticipates an
annual harvest of approximately 3,000 ducks and 900 geese. Further, the
GLIFWC's proposed specific sex and species considerations are in line
with current management concerns. If approved, the GLIFWC is obligated
to monitor harvest to ensure that local breeding populations of ducks
are not being adversely affected.
The September 15 opening date for the GLIFWC meets the Service's
established framework for approval of tribal duck seasons. This date
should provide ample time for even late broods and molting ducks to be
flighted. Originally established by the Service's Region 3 Office in
the Twin Cities, Minnesota, for use in the Great Lakes areas, these
guidelines have been generally applied elsewhere in the States, as
appropriate. The Service also requests that tribal members honor both
the noon opening for shooting hours for the first day of the State's
duck season and Wisconsin's open water hunting restrictions.
As the Service is approving these regulations in this early season
final rule, it is incumbent upon the GLIFWC to continue to closely
monitor both duck and goose harvests to ensure that local and/or
regional breeding populations are not being negatively impacted by
harvest.
NEPA Consideration
NEPA considerations are covered by the programmatic document,
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with EPA on June 9, 1988. The Service published a Notice
of Availability in the June 16, 1988, Federal Register (53 FR 22582).
The Service published its Record of Decision on August 18, 1988 (53 FR
31341). Copies of these documents are available from the Service at the
address indicated under the caption ADDRESSES.
Endangered Species Act Consideration
As in the past, the Service designs hunting regulations to remove
or alleviate chances of conflict between migratory game bird hunting
seasons and the protection and conservation of endangered and
threatened species. Consultations were conducted to ensure that actions
resulting from these regulatory proposals will not likely jeopardize
the continued existence of endangered or threatened species or result
in the destruction or adverse modification of their critical habitat.
Findings from these consultations are included in a biological opinion
and may have caused modification of some regulatory measures previously
proposed. The final frameworks reflect any modifications. The Service's
biological opinions resulting from its Section 7 consultation are
public documents available for public inspection in the Service's
Division of Endangered Species and MBMO, at the address indicated under
the caption ADDRESSES.
Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the
Paperwork Reduction Act
In the March 22, 1996, Federal Register, the Service reported
measures it took to comply with requirements of the Regulatory
Flexibility Act and E.O. 12866. One measure was to prepare a Small
Entity Flexibility Analysis (Analysis) in 1995 documenting the
significant beneficial economic effect on a substantial number of small
entities. The Analysis estimated that migratory bird hunters would
spend between $258 and $586 million at small businesses. Copies of the
Analysis are available upon request from the Office of Migratory Bird
Management. The Service is currently updating and expanding the 1995
Analysis. This rule was not subject to review by the Office of
Management and Budget under E.O. 12866.
The Department examined these proposed regulations under the
Paperwork Reduction Act of 1995 and found no information collection
requirements.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, the Service
intends that the public be given the greatest possible opportunity to
comment on the regulations. Thus, when the preliminary proposed
rulemaking was published,
[[Page 46354]]
the Service established what it believed were the longest periods
possible for public comment. In doing this, the Service recognized that
when the comment period closed, time would be of the essence. That is,
if there were a delay in the effective date of these regulations after
this final rulemaking, the States would have insufficient time to
select season dates and limits; to communicate those selections to the
Service; and to establish and publicize the necessary regulations and
procedures to implement their decisions.
Therefore, the Service, under authority of the Migratory Bird
Treaty Act (July 3, 1918), as amended, (16 U.S.C. 703-711), prescribes
final frameworks setting forth the species to be hunted, the daily bag
and possession limits, the shooting hours, the season lengths, the
earliest opening and latest closing season dates, and hunting areas,
from which State conservation agency officials may select hunting
season dates and other options. Upon receipt of season and option
selections from these officials, the Service will publish in the
Federal Register a final rulemaking amending 50 CFR part 20 to reflect
seasons, limits, and shooting hours for the conterminous United States
for the 1996-97 season.
The Service therefore finds that ``good cause'' exists, within the
terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and
these frameworks will, therefore, take effect immediately upon
publication.
Unfunded Mandates
The Service has determined and certifies in compliance with the
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that
this rulemaking will not impose a cost of $100 million or more in any
given year on local or State government or private entities.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that these regulations meet the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive Order 12988.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.
(Editorial Note: The following hunting regulations provided for by
Sec. 20.110 of 50 CFR Part 20 will not appear in the Code of Federal
Regulations because of their seasonal nature.)
2. Section 20.110 is revised to read as follows:
Sec. 20.110 Seasons, limits and other regulations for certain Federal
Indian reservations, Indian Territory, and ceded lands.
(a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and
Non-Tribal Hunters)
Doves
Season Dates: Open September 1, close September 15, 1996; then open
November 16, close January 15, 1997.
Daily Bag and Possession Limits: For the early season, daily bag
limit is 10 mourning or 10 white-winged doves, singly, or in the
aggregate. For the late season, the daily bag limit is 10 mourning
doves. Possession limits are twice the daily bag limits.
General Conditions: A valid Colorado River Indian Reservation
hunting permit is required for all persons 14 years and older and must
be in possession before taking any wildlife on tribal lands. Any person
transporting game birds off the Colorado River Indian Reservation must
have a valid transport declaration form. Other tribal regulations
apply, and may be obtained at the Fish and Game Office in Parker,
Arizona.
(b) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only)
Ducks
Minnesota 1854 Zone:
Season Dates: Open September 14, close November 24, 1996.
Daily Bag Limit: 20 ducks, including no more than 10 mallards; only
5 of which may be hen mallards; 4 black ducks; 4 redheads, 4 pintails
and 2 canvasbacks.
Mergansers
Minnesota 1854 Zone:
Season Dates: Open September 14, close November 24, 1996.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Geese
Minnesota 1854 Zone:
Season Dates: Open September 7, close November 24, 1996.
Daily Bag Limit: 10 geese.
Coots and Common Moorhens (Gallinule)
Minnesota 1854 Zone:
Season Dates: Open September 14, close November 24, 1996.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
Minnesota 1854 Zone:
Season Dates: Open September 7, close November 24, 1996.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate. The possession limit is 25.
Common Snipe
Minnesota 1854 Zone:
Season Dates: Open September 1, close November 24, 1996.
Daily Bag Limit: 8 snipe.
Woodcock
Minnesota 1854 Zone:
Season Dates: Open September 1, close November 24, 1996.
Daily Bag Limit: 5 woodcock.
General Conditions:
(i) While hunting waterfowl, a tribal member must carry on his/her
person a valid tribal waterfowl hunting permit.
(ii) Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. This Model
Code was the subject of the stipulation in Lac Courte Oreilles v. State
of Wisconsin regarding migratory bird hunting. Except as modified
herein, these amended regulations parallel Federal requirements, 50 CFR
Part 20, and shooting hour regulations in 50 CFR Part 20, subpart K, as
to hunting methods, transportation, sale, exportation and other
conditions generally applicable to migratory bird hunting.
(iii) Tribal members in each zone will comply with State
regulations providing for closed and restricted waterfowl hunting
areas.
(iv) Minnesota--Duck Blinds and Decoys. Tribal members hunting in
Minnesota will comply with tribal codes that contain provisions
parallel to applicable State statutes.
(v) Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit, unless otherwise specified.
(vi) Possession limits are applicable only to transportation and do
not include birds which are cleaned, dressed, and at a member's primary
residence. For purposes of enforcing bag and possession limits, all
migratory birds in the possession or custody of tribal members on ceded
lands will be considered to have been taken on those lands unless
tagged by a tribal or State
[[Page 46355]]
conservation warden as having been taken on-reservation. In Wisconsin,
such tagging will comply with applicable State statutes. All migratory
birds which fall on reservation lands will not count as part of any
off-reservation bag or possession limit.
(c) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
Ducks
Michigan, 1836 Treaty Zone:
Season Dates: Open September 15, close November 30, 1996.
Daily Bag Limit: 7 ducks, which may include no more than 1 pintail,
1 canvasback, 1 black duck, 2 wood ducks, 2 redheads, and 2 hen
mallards.
Canada Geese
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close November 30, 1996, and open
January 1, close February 7, 1997.
Daily Bag Limit: 5 geese.
General Conditions: A valid Grand Traverse Band Tribal license is
required for all persons 12 years and older and must be in possession
before taking any wildlife. All other basic regulations contained in 50
CFR part 20 are valid. Other tribal regulations apply, and may be
obtained at the tribal office in Suttons Bay, Michigan.
(d) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
Ducks
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 20 ducks, including no more than 10 mallards; only
5 of which may be hen mallards; 4 black ducks; 4 redheads, 4 pintails
and 2 canvasbacks.
Mergansers
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Canada Geese
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close December 1, 1996.
Daily Bag Limit: 10 geese, minus the number of blue, snow or white-
fronted geese taken.
Michigan, 1842 Treaty Zone:
Season Dates: Open September 1, close September 10, 1996.
Daily Bag Limit: 5 geese.
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close September 10, 1996, except
for that small portion of the ceded territory which coincides with the
State of Michigan's Southern Zone will open September 1 and close on
September 15.
Daily Bag Limit: 5 geese.
Other Geese (Blue, Snow, and White-fronted)
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close December 1, 1996.
Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
Coots and Common Moorhens (Gallinules)
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate. The possession limit is 25.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag and Possession Limits: 25 sora and Virginia rails, singly
or in aggregate. The possession limit is 25.
Common Snipe
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 8 snipe.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag Limit: 8 snipe.
Woodcock
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 3, close November 30, 1996.
Daily Bag Limit: 5 woodcock.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag Limit: 5 woodcock.
General Conditions:
(i) While hunting waterfowl, a tribal member must carry on his/her
person a valid tribal waterfowl hunting permit.
(ii) Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. This Model
Code was the subject of the stipulation in Lac Courte Oreilles v. State
of Wisconsin regarding migratory bird hunting. Except as modified
herein, these amended regulations parallel Federal requirements, 50 CFR
Part 20, and shooting hour regulations in 50 CFR Part 20, subpart K, as
to hunting methods, transportation, sale, exportation and other
conditions generally applicable to migratory bird hunting.
(iii) Tribal members in each zone will comply with State
regulations providing for closed and restricted waterfowl hunting
areas.
(iv) Minnesota and Michigan--Duck Blinds and Decoys. Tribal members
hunting in Minnesota will comply with tribal codes that contain
provisions parallel to applicable State statutes. Tribal members
hunting in Michigan will comply with tribal codes that contain
provisions parallel to Michigan law regarding duck blinds and decoys.
(v) Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit, unless otherwise specified.
(vi) Possession limits are applicable only to transportation and do
not include birds which are cleaned, dressed, and at a member's primary
residence. For purposes of enforcing bag and possession limits, all
migratory birds in the possession or custody of tribal members on ceded
lands will be considered to have been taken on those lands unless
tagged by a tribal or State conservation warden as having been taken
on-reservation. In Wisconsin, such tagging will comply with applicable
State statutes. All migratory birds which fall on reservation lands
will not count as part of any off-reservation bag or possession limit.
(e) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and
Nonmembers)
Band-tailed Pigeons
Season Dates: Open September 1, close September 30, 1996.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 30, 1996.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
[[Page 46356]]
General Conditions: Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR Part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
(f) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members)
Ducks
Season Dates: Open September 15, close November 30, 1996.
Daily Bag and Possession Limits: 5 ducks, including no more than 3
mallards (only 1 of which can be a mallard hen), 4 wood ducks, 1
canvasback, 1 redhead, 2 pintails, and 1 hooded merganser. Possession
limit is twice the daily bag limit.
Geese
Season Dates: Open September 1, close November 30, 1996.
Daily Bag and Limits: 2 Canada geese, that must be tagged after
harvest with tribal tags. The tribe will reissue tags upon registration
of the daily bag limit. A season quota of 150 birds is adopted. If the
quota is reached before the season concludes, the season will be closed
at that time.
Mourning Dove
Season Dates: Open September 1, close November 30, 1996.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Woodcock
Season Dates: Open September 1, close November 30, 1996.
Daily Bag and Possession Limits: 6 and 12 woodcock, respectively.
General Conditions: Indians and non-Indians hunting on the Oneida
Indian Reservation or on lands under the jurisdiction of the Oneida
Nation will observe all basic Federal migratory bird hunting
regulations found in 50 CFR. Indian hunters are exempt from the
requirement to purchase a Migratory Waterfowl Hunting and Conservation
Stamp (Duck Stamp) and the plugging of shotgun to limit capacity to 3
shells.
(g) Point No Point Treaty Tribes, Kingston, Washington (Tribal and Non-
Tribal Hunters)
Mourning Doves
Season Dates: Open September 1, close September 15, 1996.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, close December 16, 1996.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
(h) Seminole Tribe of Florida, Big Cypress Seminole Reservation,
Clewiston, Florida (Tribal and Non-Tribal Hunters)
Mourning Doves
Season Dates: Open September 22, 1996, close January 15, 1997.
Daily Bag and Possession Limits: 12 and 24 doves, respectively.
General Conditions: Hunting would be on Sundays only from 1:00 p.m.
to sunset. All other Federal regulations contained in 50 CFR part 20
would apply.
(i) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members)
Ducks
Season Dates: Open September 15, 1996, close January 15, 1997.
Daily Bag and Possession Limits: 5 ducks, including no more than 1
canvasback. The season on harlequin ducks is closed. Possession limit
is twice the daily bag limit.
Geese
Season Dates: Open September 15, 1996, close January 15, 1997.
Daily Bag and Possession Limits: 4 geese, and may include no more
than 2 snow geese and 1 dusky Canada goose. The season on Aleutian and
Cackling Canada geese is closed. Possession limit is twice the daily
bag limit.
Brant
Season Dates: Open September 15, close December 31, 1996.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
Coots
Season Dates: Open September 15, 1996, close January 15, 1997.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15, 1996, and close January 15, 1997.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 15, close December 1, 1996.
Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
General Conditions: All tribal hunters must obtain a Tribal Hunting
Tag and Permit from the tribe's Natural Resources Department and must
have the permit, along with the member's treaty enrollment card, on his
or her person while hunting. Shooting hours are one-half hour before
sunrise to one-half hour after sunset and steel shot is required for
all migratory bird hunting. Other special regulations are available at
the tribal office in Shelton, Washington.
(j) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members)
Ducks/Coot
Season Dates: Open September 15, 1996, and close February 1, 1997.
Daily Bag and Possession Limits: 6 and 12 ducks, respectively;
except that bag and possession limits are restricted for blue-winged
teal, canvasback, harlequin, pintail and wood duck to those established
for the Pacific Flyway by final Federal frameworks, to be announced.
Geese
Season Dates: Open September 15, 1996, and close February 1, 1997.
Daily Bag and Possession Limits: 6 and 12 geese, respectively;
except that the bag limits for brant and cackling and dusky Canada
geese are those established for the Pacific Flyway in accordance with
final Federal frameworks, to be announced. The tribes also set a
maximum annual bag limit on ducks and geese for those tribal members
who engage in subsistence hunting.
Snipe
Season Dates: Open September 15, 1996, and close February 1, 1997.
Daily Bag and Possession Limits: 6 and 12 snipe, respectively.
General Conditions: All waterfowl hunters, members and non-members,
must obtain and possess while hunting a valid hunting permit from the
Tulalip tribes. Also, non-tribal members sixteen years of age and
older, hunting pursuant to Tulalip Tribes' Ordinance No. 67, must
possess a validated Federal Migratory Bird Hunting and Conservation
Stamp and a validated State of Washington Migratory Waterfowl Stamp.
All Tulalip tribal members must have in their possession while hunting,
or accompanying another, their valid tribal identification card. All
hunters are required to adhere to a number of other special regulations
[[Page 46357]]
enforced by the tribes and available at the tribal office.
(k) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)
Band-Tailed Pigeons
Season Dates: Open September 6, close September 15, 1996.
Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
Mourning Doves
Season Dates: Open September 6, close September 15, 1996.
Daily Bag and Possession Limits: 8 and 16 doves, respectively.
General Conditions: All non-tribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands shall have in their
possession a valid White Mountain Apache Daily or Yearly Small Game
Permit. In addition to a small game permit, all non-tribal hunters
hunting band-tailed pigeons must have in their possession a White
Mountain Special Band-tailed Pigeon Permit. Other special regulations
established by the White Mountain Apache Tribe apply on the
reservation. Tribal and nontribal hunters will comply with all basic
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding
shooting hours and manner of taking.
Dated: August 27, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-22249 Filed 8-29-96; 8:45 am]
BILLING CODE 4310-55-F
