94-21761. Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1994-95 Early Season  

  • [Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-21761]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 1, 1994]
    
    
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    DEPARTMENT OF THE INTERIOR
    Fish and Wildlife Service
    
    50 CFR Part 20
    
    RIN 1018-AA24
    
     
    
    Migratory Bird Hunting: Migratory Bird Hunting Regulations on 
    Certain Federal Indian Reservations and Ceded Lands for the 1994-95 
    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 is in response to 
    tribal requests for Service recognition of their authority to regulate 
    hunting under established guidelines. This rule is necessary to allow 
    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, 1994.
    
    ADDRESSES: Comments received, if any, on the proposed special hunting 
    regulations and tribal proposals are available for public inspection 
    during normal business hours in Room 634, Arlington Square Building, 
    4401 N. Fairfax Drive, Arlington, VA. Communications regarding the 
    documents should be sent to: Director (FWS/MBMO), U.S. Fish and 
    Wildlife Service, Room 634-ARLSQ, 1849 C Street, NW, Washington, DC 
    20240.
    
    FOR FURTHER INFORMATION CONTACT: Dr. Keith A. Morehouse, Office of 
    Migratory Bird Management, U.S. Fish and Wildlife Service, Department 
    of the Interior, Room 634-ARLSQ, 1849 C Street, NW, Washington, DC 
    20240 (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, 1994 Federal Register (59 FR 42017), the U. S. 
    Fish and Wildlife Service (Service) proposed special migratory bird 
    hunting regulations for the 1994-95 hunting season for certain Indian 
    tribes, under the guidelines described in the June 4, 1985, Federal 
    Register (50 FR 23467). The guidelines were developed in response 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 have to be 
    consistent with the March 10-September 1 closed season mandated by the 
    1916 Migratory Bird Treaty with Canada.
        Tribes that desired special hunting regulations in the 1994-95 
    hunting season were requested in the April 7, 1994, Federal Register 
    (59 FR 16762) to submit a proposal that included 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 that are established by the 
    State(s) in which an Indian reservation is located. The guidelines have 
    been used successfully since the 1985-86 hunting season, and they were 
    made final beginning with the 1988-89 hunting season (August 18, 1988; 
    53 FR 31612).
        Although the proposed rule includes generalized regulations for 
    both early and late season hunting, this rulemaking addresses only the 
    early season proposals. Late season hunting will be addressed in the 
    rulemaking to follow in September 1994. 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 are those 
    that begin about October 1 or later each year and have a primary 
    emphasis on waterfowl.
        In the proposed rule, the Service pointed out that there was reason 
    for cautious optimism with regard to liberalization of duck hunting 
    regulations in the 1994-95 season. However, at that time production 
    information was not available and assessments could not be made on 
    which to base final frameworks decisions. From survey data, it now 
    appears that duck production is up on a continental basis, with a 
    projected fall flight index of about 71 million ducks, and the Service 
    has responded to this by making minor adjustments in regulations. Most 
    notably, bag limit frameworks provide for one more duck than allowed 
    last year, with an additional mallard drake. However, the restriction 
    on mallard hens to one in the daily bag will remain in effect. A season 
    on canvasbacks is optional nationwide. Other species restrictions are 
    still in effect. The Service has eased off, somewhat, the more 
    restrictive regulations of past seasons because duck populations have 
    generally rebounded from the lows of last year and several previous 
    years. Duck populations recovery is closely linked to more favorable 
    water conditions throughout most of the better duck production areas of 
    the U.S. and Canada, as well as to more restrictive regulations imposed 
    in the past. However, the Service has been conservative in this 
    liberalization because the potential is there for a more complete 
    recovery of populations in the future, compared to long-term averages, 
    if water conditions stabilize and/or continue to improve. Length of 
    season is considered to be a factor more closely associated with 
    determining magnitude of harvest than is minor adjustment in bag limit 
    so frameworks for season length across all four flyways will remain the 
    same. The fact that some liberalization has occurred in bag limits is 
    considered in these final regulations, many of which were proposed 
    before final decisions were made on late season frameworks.
    
    Comments and Issues Concerning Tribal Proposals
    
        For the 1994-95 migratory bird hunting season, the Service proposed 
    regulations for fourteen tribes and/or Indian groups that followed the 
    1985 guidelines and were considered appropriate for final rulemaking. 
    In addition, the Penobscot Indian Nation had not submitted a proposal 
    but was expected to do so, as it had routinely in the past, and was 
    included in the proposed rule. The Penobscots have been excluded from 
    these final regulations because of a failure to submit the appropriate 
    materials. Some of the proposals submitted by the tribes have both 
    early and late season elements. However, as noted earlier, only those 
    with early season proposals are included in this final rulemaking; six 
    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, closed on 
    August 31, 1994. Because of the brief comment period that was 
    necessary, any comments received on the proposed rule and/or these 
    early season regulations not responded to herein will be addressed in 
    the late season final rule to be published in September.
    
    Great Lakes Indian Fish and Wildlife Commission, Odanah, WI
    
        To date, the Service has received two letters regarding the 
    proposal of the Great Lakes Indian Fish and Wildlife Commission 
    (GLIFWC). One dated July 22 from the State of Wisconsin Department of 
    Natural Resources (WIDNR) to the GLIFWC, was copied to the Service. In 
    this letter, the WIDNR communicated concerns regarding: (1) Canada 
    goose bag limits of 10 per day, and concern for the harvest of 
    Mississippi Valley Population (MVP) and giant Canada geese. The WIDNR 
    voiced concerns over the status of giant and MVP Canada geese, and 
    asked that the bag limit be returned to the 1992 level. The WIDNR cited 
    improvements in the population status of MVP Canada geese this past 
    spring resulting from major reductions in harvest by MVP States over 
    the past two seasons, but voiced apprehension over the likelihood of a 
    good production year in 1994 because of a late spring on the breeding 
    grounds. With regard to giant Canada geese, WIDNR cited 10 or more 
    years of effort to restore breeding populations that could be 
    jeopardized by overharvest locally; (2) the length of other goose 
    seasons and bag limits for the GLIFWC in comparison to those required 
    for non-tribal hunters by the State of Wisconsin. The WIDNR thought 
    that GLIFWC goose seasons and bag limits should be consistent with 
    those of the State; (3) the September 15 opening of the duck season. 
    The WIDNR continues to oppose the early duck season opener in concern 
    for late nesting hens and their broods that might still be in molt or 
    just recovering from the molt that would make them especially 
    vulnerable to harvest; (4) the increase in the proposed duck daily bag 
    limit to 20. The WIDNR believes that drastically increasing bag limits 
    may negatively impact efforts by the State and others, including the 
    GLIFWC, to restore local duck breeding populations in northern 
    Wisconsin; and (5) honoring the noon opening for shooting hours for the 
    first day of the State's duck season.
        The second letter of comment, dated July 5, was provided directly 
    to the Service by the State of Minnesota Department of Natural 
    Resources (MNDNR). A direct reply to this letter has been provided to 
    the MNDNR. In their letter, the MNDNR referenced the practice of the 
    GLIFWC in some previous years to defer selection of bag limits until 
    after production is known. The MNDNR also commented that a bag limit of 
    20 ducks is ``inconsistent with current duck population status'' and 
    that a bag limit of 10 geese is ``excessive.''
        It is necessary to place this proposal by the GLIFWC in the context 
    of a tribal entity having court established legal rights on ceded lands 
    in one instance (Wisconsin) and legal precedent for establishing those 
    rights on ceded lands in the other (Minnesota). Further, it is the 
    policy of the Service 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. The above has been amplified in our response to the 
    MNDNR, which states that, ``As to the existence of treaty rights, it is 
    the Federal Government's position that they do exist until such time as 
    a Federal court says otherwise. 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 as stated 
    in the MNDNR letter continues to be that ``[W]hile the Commission's 
    proposed bag limits are somewhat greater than they have been in 
    previous years, I disagree that they are `inconsistent with current 
    duck population status' and `excessive' for geese. The Service's 
    position is that the current populations of birds can support the 
    limited harvest of the bands. In past years, the numbers of ducks and 
    geese taken annually by the Commission's member bands have been about 
    2,000 and 500, respectively. In 1993-94, 1631 ducks and 402 geese were 
    taken. Under the proposed regulations, the annual harvest is 
    anticipated to be approximately 3,000 ducks and 900 geese. Further, as 
    you state, the Commission has modified its original proposal with 
    regard to sex and species considerations, in line with current 
    management concerns. If approved, the Commission will be obligated to 
    monitor the harvest to ensure that local breeding populations of ducks 
    are not being adversely affected.''
        Thus, although the first consideration for approval has been the 
    legal grounding of the request, the Service is also sensitive to the 
    inherent conservation issue. It should be emphasized here that the 
    willingness of the GLIFWC to compromise on the original bag limit 
    proposal to one which is biologically acceptable signals their 
    continuing responsibility and sensitivity to the status of the 
    waterfowl resource.
        The September 15 opening date for the GLIFWC meets the framework 
    the Service has established for approval of tribal duck seasons. This 
    date should provide ample time for even late broods and molting ducks 
    to be flighted. These referenced guidelines were originally established 
    by the Service's Region 3 Office in the Twin Cities, Minnesota, for use 
    in the Great Lakes areas but 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 with Wisconsin's open water hunting 
    restrictions.
        As these regulations are being approved in this early season final 
    rule, it is incumbent upon the GLIFWC to continue to closely monitor 
    both the duck and goose harvests to ensure that local and/or regional 
    breeding populations are not being negatively impacted by an increased 
    harvest.
        In summary, this rule amends section 20.110 of 50 CFR to make 
    current for the early 1994-95 migratory bird hunting season the 
    regulations that will apply on Federal Indian reservations, off-
    reservation trust lands and ceded lands. These regulations take into 
    account the improved production status of ducks and the need to 
    maintain somewhat restrictive regulations to continue the reduced 
    harvest of some migratory birds.
    
    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). 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 
    Service.
    
    Endangered Species Act Considerations
    
        Section 7 of the Endangered Species Act (ESA), 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 * * *'' Thus, the Service has initiated Section 7 
    consultation for the proposed migratory bird hunting seasons including 
    those which occur on Federally recognized Indian reservations and ceded 
    lands. The Service's biological opinion resulting from its consultation 
    under Section 7 of the ESA may be inspected by the public in, and will 
    be available from, the Service's address given under the caption 
    ADDRESSES.
        In an August 1994 finding, the Service concluded that the proposed 
    action is not likely to jeopardize the continued existence of listed 
    species or result in the destruction or adverse modification of their 
    critical habitats. Among other reasons, hunting regulations are 
    designed to remove or alleviate chances of conflict between seasons for 
    migratory game birds and the protection and conservation of endangered 
    and threatened species and their habitats.
    
    Regulatory Flexibility Act, Executive Order 12866, and the Paperwork 
    Reduction Act
    
        In the April 7 Federal Register, the Service reported measures it 
    had undertaken to comply with requirements of the Regulatory 
    Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and Executive Order 
    12866. These included preparing an Analysis of Regulatory Effects, 
    preparing a Small Entity Flexibility Analysis under the Regulatory 
    Flexibility Act, and publishing a summary of the latter. This 
    information is included in the present document by reference. This rule 
    was not subject to review by the Office of Management and Budget under 
    Executive Order 12866. This rule does not contain any information 
    collection requiring approval by the Office of Management and Budget 
    under 44 U.S.C. 3504.
    
    Authorship
    
        The primary author of this early season final rule is Dr. Keith A. 
    Morehouse, Staff Specialist, Office of Migratory Bird Management.
    
    Regulations Promulgation
    
        The rulemaking process for migratory bird hunting must, by its 
    nature, operate under severe time constraints. However, the Service is 
    of the view that every attempt should be made to give the public the 
    greatest possible opportunity to comment on the regulations. Thus, when 
    the proposed hunting regulations for certain tribes were published on 
    August 11, 1994, the Service established the longest possible period 
    for public comments. In doing this, the Service recognized that time 
    would be of the essence. However, the comment period provided the 
    maximum amount of time possible while ensuring that this final rule 
    would be published before the beginning of the early hunting season 
    beginning on September 1, 1994.
        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.), the Service 
    prescribes 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 other than waterfowl.
        Therefore, for the reasons set out above, the Service finds that 
    ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) of the 
    Administrative Procedure Act, and this final rule will take effect on 
    September 1, 1994.
    
    List of Subjects in 50 CFR Part 20
    
        Exports, Hunting, Imports, Reporting and recordkeeping 
    requirements, Transportation, Wildlife.
    
        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:
    
        Authority: Migratory Bird Treaty Act (July 3, 1918), as amended 
    (16 U.S.C. 703-711); the Fish and Wildlife Improvement Act of 1978 
    (November 8, 1978), as amended (16 U.S.C. 712); and the Fish and 
    Wildlife Act of 1956 (August 8, 1956), as amended (16 U.S.C. 742 a-d 
    and e-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) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
    Whiteriver, Arizona (Tribal Members and Nonmembers).
        Band-tailed Pigeons.
        Season Dates: Open September 2, close September 11, 1994.
        Daily Bag and Possession Limits: The daily bag limit is 3 and the 
    possession limit is 6.
        Mourning Doves.
        Season Dates: Open September 2, close September 11, 1994.
        Daily Bag and Possession Limits: The daily bag limit is 8 and the 
    possession limit is 16.
        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.
        (b) Colorado River Indian Tribes, Parker, Arizona (Tribal Members 
    and Nonmembers).
        Doves.
        Season Dates: Open September 1, close September 11, 1994; then open 
    November 21, close January 8, 1995.
        Daily Bag and Possession Limits: For the early season, daily bag 
    limit is 10 mourning or 10 white-winged doves, or 10 in the aggregate 
    per day. 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 and must be in possession before taking any 
    wildlife on tribal lands. Persons fourteen years and older are required 
    to have a valid permit. 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.
        (c) Great Lakes Indian Fish and Wildlife Commission, Odanah, 
    Wisconsin (Tribal Members Only).
        Ducks.
        Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
        Season Dates: Open September 15, close November 7, 1994.
        Daily Bag Limit: The daily bag limit is 20, 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 Zones:
        Season Dates: Open September 15, close November 7, 1994.
        Daily Bag Limit: The daily bag limit is 5, including no more than 1 
    hooded merganser.
        Canada Geese.
        Wisconsin and Minnesota Zones:
        Season Dates: Open September 15, close December 1, 1994.
        Daily Bag Limit: The daily bag limit is 10, minus the number of 
    blue, snow or white-fronted geese taken.
        Michigan, 1842 Treaty Zone:
        Season Dates: Open September 1, close September 10, 1994.
        Daily Bag Limit: The daily bag limit is 5.
        Michigan, 1836 Treaty Zone:
        Season Dates: Open September 1, close September 10, 1994, 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: The daily bag limit is 5.
        Other Geese (Blue, Snow, and White-fronted).
        Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
        Season Dates: Open September 15, close December 1, 1994.
        Daily Bag Limit: The daily bag limit is 10, minus the number of 
    Canada geese taken.
        Coots and Common Moorhens (Gallinule).
        Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
        Season Dates: Open September 15, close November 7, 1994.
        Daily Bag Limit: The daily bag limit is 20, singly or in the 
    aggregate.
        Sora and Virginia Rails.
        Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
        Season Dates: Open September 15, close November 7, 1994.
        Daily Bag Limit: The daily bag limit is 25, singly or in the 
    aggregate. The possession limit is 25.
        Michigan, 1842 and 1836 Zones:
        Season Dates: Open September 15, close November 14, 1994.
        Daily Bag and Possession Limits: The daily bag limit is 25, singly 
    or in aggregate. The possession limit is 25.
        Common Snipe.
        Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
        Season Dates: Open September 15, close November 7, 1994.
        Daily Bag Limit: The daily bag limit is 8.
        Michigan, 1842 and 1836 Zones:
        Season Dates: Open September 15, close November 14, 1994.
        Daily Bag Limit: The daily bag limit is 8.
        Woodcock.
        Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
        Season Dates: Open September 6, close November 30, 1994.
        Daily Bag Limit: The daily bag limit is 5.
        Michigan, 1842 and 1836 Zones:
        Season Dates: Open September 15, close November 14, 1994.
        Daily Bag Limit: The daily bag limit is 5.
        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.
        (d) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members 
    and Nonmembers).
        Band-tailed Pigeons.
        Season Dates: Open September 1, close September 30, 1994.
        Daily Bag and Possession Limits: The daily bag limit is 5 and the 
    possession limit is 10.
        Mourning Doves.
        Season Dates: Open September 1, close September 30, 1994.
        Daily Bag and Possession Limits: The daily bag limit is 10 and the 
    possession limit is 20.
        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.
        (e) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
    Members).
        Ducks.
        Season Dates: Open September 15, close November 30, 1994.
        Daily Bag and Possession Limits: Daily bag limit is 6, including no 
    more than 4 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 15, close November 30, 1994.
        Daily Bag and Possession Limits: Daily bag limit is 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, 1994.
        Daily Bag and Possession Limits: Daily bag limit is 10, and the 
    possession limit is 20.
        Woodcock.
        Season Dates: Open September 1, close November 30, 1994.
        Daily Bag and Possession Limits: Daily bag limit is 6, and the 
    possession limit is 12.
        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 of a Migratory Waterfowl Hunting and 
    Conservation Stamp (Duck Stamp).
        (f) Tulalip Tribes of Washington, Tulalip Indian Reservation, 
    Marysville, Washington (Tribal Members).
        Ducks/Coot.
        Season Dates: Open September 15, 1994, and close February 1, 1995.
        Daily Bag and Possession Limits: The daily bag limit is 6, with 12 
    in possession; 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, 1994, and close February 1, 1995.
        Daily Bag and Possession Limits: The daily bag limit is 6, with 12 
    in possession; 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 1, 1994, and close February 1, 1995.
        Daily Bag and Possession Limits: The daily bag limit is 6, with 12 
    in possession.
        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.
    
        Dated: August 25, 1994.
    George T. Frampton,
    Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 94-21761 Filed 8-31-94; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Effective Date:
9/1/1994
Published:
09/01/1994
Department:
Fish and Wildlife Service
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-21761
Dates:
This rule takes effect on September 1, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 1, 1994
RINs:
1018-AA24
CFR: (1)
50 CFR 20.110