[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Rules and Regulations]
[Pages 47134-47140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22383]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AF24
Migratory Bird Hunting; Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 1999-2000
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 or we)
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.
DATES: This rule takes effect on September 1, 1999.
ADDRESSES: You 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. You should send communications regarding the
documents to: Director (FWS/MBMO), U.S. Fish and Wildlife Service, ms
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 13, 1999, Federal Register (64 FR 44384), we proposed
special migratory bird hunting regulations for the 1999-2000 hunting
season for certain Indian tribes, under the guidelines described in the
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond 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:
[[Page 47135]]
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by non-tribal 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 May 3, 1999, Federal Register (64 FR 23742), we requested
that tribes desiring special hunting regulations in the 1999-2000
hunting season submit a proposal including details on:
(a) Harvest anticipated under the requested regulations;
(b) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(c) Steps that would be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would adversely
impact the migratory bird resource; and
(d) 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. We have successfully used the guidelines since the 1985-86
hunting season. We 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 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.
Status of Populations
In the August 13 Federal Register, we reviewed the status for
various populations for which early seasons were proposed. This
information included brief summaries of the May Breeding Waterfowl and
Habitat Survey and population status reports for blue-wing teal, Canada
goose populations hunted in September seasons, sea ducks, sandhill
cranes, woodcock, mourning doves, white-winged doves, white-tipped
doves, and band-tailed pigeons. As a result of these status, we have
responded by proposing Flyway frameworks that are essentially the same
as those of last season for the 1999-2000 waterfowl hunting season
(August 27, 1999, Federal Register). The tribal seasons established
below are commensurate with the population status.
Comments and Issues Concerning Tribal Proposals
For the 1999-2000 migratory bird hunting season, we 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; 15 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 13, 1999, closed on August 23,
1999. Because of the necessary brief comment period, we 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.
We received two comments regarding the notice of intent published
on May 3, 1999, which announced rulemaking on regulations for migratory
bird hunting by American Indian tribal members. Both of these comments
were addressed in the August 13 proposed rule.
NEPA Consideration
Pursuant to the requirements of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final
Environmental Statement for the Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed
with the Council on Environmental Quality on June 6, 1975, and notice
of availability was published in the Federal Register on June 13, 1975,
(40 FR 25241). A supplement to the final environmental statement, the
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-
14)'' was filed on June 9, 1988, and notice of availability was
published in the Federal Register on June 16, 1988 (53 FR 22582), and
June 17, 1988 (53 FR 22727). Copies of these documents are available
from us at the address indicated under the caption ADDRESSES. In
addition, an August 1985 Environmental Assessment titled ``Guidelines
for Migratory Bird Hunting Regulations on Federal Indian Reservations
and Ceded Lands'' is available from the same address.
Endangered Species Act Considerations
Section 7 of the Endangered Species Act, as amended (16 U.S.C.
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes of this Act'' (and) shall ``insure that any
action authorized, funded or carried out * * * is not likely to
jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of [critical] habitat * * *'' Consequently, we conducted consultations
to ensure that actions resulting from these regulations would 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. Our 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
These regulations have a significant economic impact on substantial
numbers of small entities under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual
hunting regulations on small business entities in detail and issued a
Small Entity Flexibility Analysis (Analysis) in 1998. The Analysis
documented the significant beneficial economic effect on a substantial
number of small entities. The primary source of information about
hunter expenditures for migratory game bird hunting is the National
Hunting and Fishing Survey, which is conducted at 5-year intervals. The
Analysis was based on the 1996
[[Page 47136]]
National Hunting and Fishing Survey and the U.S. Department of
Commerce's County Business Patterns from which it was estimated that
migratory bird hunters would spend between $429 and $1,084 million at
small businesses in 1998. Copies of the Analysis are available upon
request.
Executive Order (E.O.) 12866
Collectively, the rules covering the overall frameworks for
migratory bird hunting are economically significant and have been
reviewed by the Office of Management and Budget (OMB) under E.O. 12866.
This rule is a small portion of the overall migratory bird hunting
frameworks and was not individually submitted and reviewed by OMB under
E.O. 12866.
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act. For the reasons outlined above,
this rule has an annual effect on the economy of $100 million or more.
However, because this rule establishes hunting seasons, we do not plan
to defer the effective date under the exemption contained in 5 U.S.C.
808(1) and this rule will be effective immediately.
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act of
1995. We utilize the various recordkeeping and reporting requirements
imposed under regulations established in 50 CFR part 20, Subpart K, in
the formulation of migratory game bird hunting regulations.
Specifically, OMB has approved the information collection requirements
of the Migratory Bird Harvest Information Program and assigned
clearance number 1018-0015 (expires 9/30/2001). This information is
used to provide a sampling frame for voluntary national surveys to
improve our harvest estimates for all migratory game birds in order to
better manage these populations. OMB has also approved the information
collection requirements of the Sandhill Crane Harvest Questionnaire and
assigned clearance number 1018-0023 (expires 9/30/2000). The
information from this survey is used to estimate the magnitude, the
geographical and temporal distribution of harvest, and the portion it
constitutes of the total population. A Federal agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Unfunded Mandates Reform Act
We have determined and certify, 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.
Takings Implication Assessment
In accordance with Executive Order 12630, these rules, authorized
by the Migratory Bird Treaty Act, do not have significant takings
implications and do not affect any constitutionally protected property
rights. These rules will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, these rules allow hunters to exercise
privileges that would be otherwise unavailable; and, therefore, reduce
restrictions on the use of private and public property.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections and employ guidelines to establish
special regulations on Federal Indian reservations and ceded lands.
This process preserves the ability of the States and Tribes to
determine which seasons meet their individual needs. Any State or Tribe
may be more restrictive than the Federal frameworks at any time. The
frameworks are developed in a cooperative process with the States and
the Flyway Councils. This allows States to participate in the
development of frameworks from which they will make selections, thereby
having an influence on their own regulations. These rules do not have a
substantial direct effect on fiscal capacity, change the roles or
responsibilities of Federal or State governments, or intrude on State
policy or administration. Therefore, in accordance with Executive Order
12612, these regulations do not have significant federalism effects and
do not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Government-to-Government Relationship with Tribes
Due to the migratory nature of certain species of birds, the
Federal government has been given responsibility over these species by
the Migratory Bird Treaty Act. Thus, in accordance with the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have determined that there are no effects on Indian trust
resources. However, by virtue of the tribal proposals received in
response to the May 3 request for proposals and the August 13 proposed
rule, we have consulted with all the tribes affected by this rule.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, we intend that
the public be given the greatest possible opportunity to comment on the
regulations. Thus, when the preliminary proposed rulemaking was
published, we established what we believed were the longest periods
possible for public comment. In doing this, we 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 tribes would have insufficient time to
communicate these seasons to their member and non-tribal hunters and to
establish and publicize the necessary regulations and procedures to
implement their decisions.
We therefore find that ``good cause'' exists, within the terms of 5
U.S.C. 553(d)(3) of the Administrative Procedure Act, and these
regulations will, therefore, take effect immediately upon publication.
Therefore, under the authority of the Migratory Bird Treaty Act of
July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703 et seq.), we
prescribe final hunting regulations for certain tribes on Federal
Indian reservations (including off-reservation trust lands), and ceded
lands. The regulations specify the species to be hunted and establish
season dates, bag and possession limits, season length, and shooting
hours for migratory game birds.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
[[Page 47137]]
Accordingly, part 20, subchapter B, chapter I of Title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--[AMENDED]
1. The authority citation for part 20 continues to read as follows:
1. Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.
(Note: The following hunting regulations provided for by 50 CFR
20.110 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, 1999; then open
November 19, 1999, close January 3, 2000.
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) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Non-tribal Hunters)
Sandhill Cranes
Season Dates: Open September 18, close October 24, 1999.
Daily Bag Limit: 3 sandhill cranes.
Permits: Each person participating in the sandhill crane season
must have a valid Federal sandhill crane hunting permit in their
possession while hunting.
General Conditions: The waterfowl hunting regulations established
by this final rule apply only to tribal and trust lands within the
external boundaries of the reservation. Tribal and non-tribal hunters
must comply with 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 stamp face. Special regulations
established by the Crow Creek Sioux Tribe also apply on the
reservation.
(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only) All seasons in Minnesota, 1854 Treaty
Zone
Ducks and Mergansers
Season Dates: Open September 11, close November 23, 1999.
Daily Bag Limit for Ducks: 20 ducks, including no more than 10
mallards (only 5 of which may be hens), 4 black ducks; 4 redheads, 4
pintails and 2 canvasbacks.
Daily Bag Limit for Mergansers: 5 mergansers, including no more
than 1 hooded merganser.
Geese
Season Dates: Open September 1, close November 28, 1999.
Daily Bag Limit: 10 geese.
Coots and Common Moorhens (Gallinule)
Season Dates: Open September 11, close November 23, 1999.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
Season Dates: Open September 1, close November 28, 1999.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate. The possession limit is 25.
Common Snipe and Woodcock
Season Dates: Open September 1, close November 28, 1999.
Daily Bag Limit: 8 snipe and 3 woodcock.
General Conditions:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid tribal waterfowl hunting permit.
2. 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. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation and other
conditions generally applicable to migratory bird hunting.
3. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
4. 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 noted above.
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 band 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. All migratory birds which fall on reservation lands
will not count as part of any off-reservation bag or possession limit.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
All seasons in Michigan, 1836 Treaty Zone:
Ducks
Season Dates: Open September 20, 1999, close January 20, 2000.
Daily Bag Limit: 10 ducks, which may include no more than 1
pintail, 1 canvasback, 2 black ducks, 1 hooded merganser, 2 wood ducks,
2 redheads, and 5 mallards (only 2 of which may be hens).
Canada Geese
Season Dates: Open September 1, close November 30, 1999, and open
January 1, 2000, close February 8, 2000.
Daily Bag Limit: 5 geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1, close November 14, 1999.
Daily Bag Limit: 5 rails, 5 snipe, and 5 woodcock.
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.
[[Page 47138]]
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
Ducks
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Begin September 15 and end December 1, 1999.
Daily Bag Limit: 20 ducks, including no more than 10 mallards (only
5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2
canvasbacks.
Michigan 1836 and 1842 Treaty Zones:
Season Dates: Begin September 15 and end December 1, 1999.
Daily Bag Limit: 10 ducks, including no more than 5 mallards (only
2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1
canvasback.
Mergansers
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Begin September 15 and end December 1, 1999.
Daily Bag Limit: 5 mergansers.
Michigan 1836 and 1842 Treaty Zones:
Season Dates: Begin September 15 and end December 1, 1999.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Geese
All Ceded Areas:
Season Dates: Begin September 1 and end December 1, 1999.
Daily Bag Limit: 10 geese.
Other Migratory Birds: All Ceded Areas.
Coots and Common Moorhens (Common Gallinules)
Season Dates: Begin September 15 and end December 1, 1999.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
singly or in the aggregate.
Sora and Virginia Rails
Season Dates: Begin September 15 and end December 1, 1999.
Daily Bag Limit: 25 sora and Virginia rails singly, or in the
aggregate.
Common Snipe
Season Dates: Begin September 15 and end December 1, 1999.
Daily Bag Limit: 8 common snipe.
Woodcock
Season Dates: Begin September 7 and end December 1, 1999.
Daily Bag Limit: 5 woodcock.
General Conditions
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid tribal waterfowl hunting permit.
2. 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. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR Part
20 as to hunting methods, transportation, sale, exportation and other
conditions generally applicable to migratory bird hunting.
3. Tribal members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
4. 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 noted above.
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 laws. All migratory birds which fall on reservation lands will
not count as part of any off-reservation bag or possession limit.
5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members
hunting in Michigan and Minnesota will comply with tribal codes that
contain provisions that parallel applicable State laws concerning duck
blinds and/or decoys.
(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members Only)
Ducks
Season Dates: Open September 15, 1999, close January 31, 2000.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
pintail, 2 hen mallards, 4 scaup, and 1 canvasback.
Geese
Season Dates: Open September 1, 1999, close January 31, 2000.
Daily Bag and Possession Limits: 4 geese, including 4 dark geese
but not more than 3 light geese. The possession limit is twice the
daily bag limit.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
(g) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only)
Ducks
Season Dates: Open September 25, close November 28, 1999.
Daily Bag Limits: 10 ducks.
Geese
Season Dates: Open September 25, close November 28, 1999.
Daily Bag Limits: 10 geese.
General: Possession limits are twice the daily bag limits. Shooting
hours are one-half hour before sunrise to one-half hour after sunset.
(h) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and
Nonmembers)
Band-tailed Pigeons
Season Dates: Open September 1, close September 30, 1999.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 30, 1999.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General Conditions: Tribal and non-tribal 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.
(i) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members)
Ducks
Season Dates: Open September 18, close November 19, 1999.
Daily Bag and Possession Limits: 6 ducks, including no more than 5
mallards (only 1 of which may be a hen), 5 wood ducks, 1 canvasback, 1
redhead, 2 pintails, and 1 hooded merganser. Possession limit is twice
the daily bag limit.
Geese and Brant
Season Dates: Open September 1, close November 19, open November
29, close December 31, 1999.
[[Page 47139]]
Daily Bag and Limits: 5 brant, 3 Canada geese, and 5 snow geese.
Geese 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.
Woodcock
Season Dates: Open September 11, close November 19, 1999.
Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
General Conditions: Tribal members and non-tribal members 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 part 20. Tribal 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.
(j) Point No Point Treaty Tribes, Kingston, Washington (Tribal Hunters)
Ducks
Season Dates: Open September 15, 1999, close January 15, 2000.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
hen mallards, 2 pintails, 1 canvasback and 2 redheads. The season on
harlequin ducks is closed. Possession limit is twice the daily bag
limit.
Geese
Season Dates: Open September 15, 1999, close January 15, 2000.
Daily Bag and Possession Limits: 4 geese, and may include no more
than 3 light geese. The season on Aleutian Canada geese is closed.
Possession limit is twice the daily bag limit.
Brant
Season Dates: Open September 15, 1999, close January 15, 2000.
Daily Bag and Possession Limits: 2 brant. Possession limit is twice
the daily bag limit.
Coots
Season Dates: Open September 15, 1999, close January 15, 2000.
Daily Bag Limits: 25 coots.
Mourning Doves
Season Dates: Open September 1, close September 30, 1999.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 15, close January 15, 2000.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: All hunters authorized to hunt migratory birds
on the reservation must obtain a tribal hunting permit from the
respective tribe. Hunters are also required to adhere to a number of
special regulations available at the tribal office.
(k) Seminole Tribe of Florida, Big Cypress Seminole Reservation,
Clewiston, Florida (Tribal Members and Non-tribal Hunters)
Mourning Dove
Season Dates: September 18, 1999, through January 20, 2000.
Daily Bag Limit: 15 doves.
General Conditions: Hunting is on Saturdays only. All other Federal
regulations contained in 50 CFR part 20 apply.
(l) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members)
Ducks
Season Dates: Open September 15, 1999, close January 15, 2000.
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, 1999, close January 15, 2000.
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, 1999.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
Coots
Season Dates: Open September 15, 1999, close January 15, 2000.
Daily Bag Limits: 25 coots.
Snipe
Season Dates: Open September 15, 1999, and close January 15, 2000.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
Season Dates: Open September 15, close December 1, 1999.
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.
(m) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members)
Ducks/Coot
Season Dates: Open September 15, 1999, and close February 1, 2000.
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, 1999, and close February 1, 2000.
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.
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
enforced by the tribes and available at the tribal office.
(n) White Earth Band of Chippewa, White Earth, Minnesota (Tribal
Members Only)
Ducks and Mergansers
Season Dates: Open September 18, close November 30, 1999.
Daily Bag Limit for Ducks: 7 ducks, including no more than 2
mallards and
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1 canvasback through September 24 and no more than 2 hen mallards and 2
canvasbacks thereafter.
Daily Bag Limit for Mergansers: 5 mergansers, including no more
than 2 hooded mergansers.
Geese
Season Dates: Open September 1, close November 30, 1999.
Daily Bag Limit: 5 geese.
Coots
Season Dates: Open September 18, close November 30, 1999.
Daily Bag Limit: 20 coots.
Sora and Virginia Rails
Season Dates: Open September 11, close December 1, 1999.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate. The possession limit is 25.
Common Snipe and Woodcock
Season Dates: Open September 11, close December 1, 1999.
Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
Season Dates: Open September 11, close December 1, 1999.
Daily Bag Limit: 25 doves.
General Conditions: Shooting hours are one-half hour before sunrise
to one-half hour after sunset. Non-toxic shot is required.
(o) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 1, close September 12, 1999.
Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 12, 1999.
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 non-tribal 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 24, 1999.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-22383 Filed 8-27-99; 8:45 am]
BILLING CODE 4310-55-P
