[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Rules and Regulations]
[Pages 46012-46016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21788]
[[Page 46011]]
_______________________________________________________________________
Part VIII
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting: Federal Indian Reservations and Ceded Lands;
Final Rule
Federal Register / Vol. 60, No. 170 / Friday, September 1, 1995 /
Rules and Regulations
[[Page 46012]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AC79
Migratory Bird Hunting: Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 1995-96
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, 1995.
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: Ron W. Kokel or Dr. Keith A.
Morehouse, 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 17, 1995 Federal Register (60 FR 42960), the U.S.
Fish and Wildlife Service (Service) proposed special migratory bird
hunting regulations for the 1995-96 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 1995-96
hunting season were requested in the March 24, 1995, Federal Register
(60 FR 15642) 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 1995. 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.
Comments and Issues Concerning Tribal Proposals
For the 1995-96 migratory bird hunting season, the Service proposed
regulations for seventeen 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 have both early and late
season elements. However, as noted earlier, only those with early
season proposals are included in this final rulemaking; 9 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 18, 1995, closed on August 28,
1995. 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, Wisconsin
To date, the Service has received one letter regarding the proposal
of the Great Lakes Indian Fish and Wildlife Commission (GLIFWC). The
State of Wisconsin Department of Natural Resources (WIDNR) July 6, 1995
letter 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 local giant Canada geese.
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
proposed duck daily bag limit to 20. The WIDNR believes that the
proposed 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
[[Page 46013]]
opening for shooting hours for the first day of the State's duck
season.
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. 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. 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 continues
to be that while the Commission's proposed bag limits are somewhat
greater than they were several years ago, we disagree that they are
``inconsistent with past FWS harvest and population management
strategies'' 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 1994-95, under nearly identical regulations, 1901
ducks and 719 geese were taken. Under the proposed regulations, the
annual harvest is anticipated to be approximately 3,000 ducks and 900
geese. Further, the Commission has proposed specific 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.
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 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 1995-96 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 status of ducks and the need to maintain somewhat
restrictive regulations to reduce harvest on some migratory bird
populations.
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 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 1995 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 Federal Register dated March 24, 1995 (60 FR 15642), the
Service reported measures it had undertaken to comply with requirements
of the Regulatory Flexibility Act and the Executive Order. These
included preparing an Analysis of Regulatory Effects and an updated
Final Regulatory Impact Analysis (FRIA), and publication of a summary
of the latter. Although a FRIA is no longer required, the economic
analysis contained in the FRIA was reviewed and the Service determined
that it met the requirements of E.O. 12866. In addition, the Service
prepared a Small Entity Flexibility Analysis, under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq), which further document the
significant beneficial economic effect on a substantial number of small
entities. This rule was not subject to review by the Office of
Management and Budget under E.O. 12866.
These regulations contain no information collections subject to OMB
review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). However, the Service does utilize information acquired through
other various information collections in the formulation of migratory
game bird hunting regulations. These information collection
requirements have been approved by OMB and assigned clearance numbers
1018-0005, 1018-0006, 1018-0008, 1018-0009, 1018-0010, 1018-0015, 1018-
0019, and 1018-0023.
Authorship
The primary authors of this early season final rule are Ron W.
Kokel and Dr. Keith A. Morehouse, Office of Migratory Bird Management.
[[Page 46014]]
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 18, 1995, 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, 1995.
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, 1995.
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: 16 U.S.C. 703-711, 16 U.S.C. 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
Nonmembers)
Doves
Season Dates: Open September 1, close September 10, 1995; then open
November 25, close January 14, 1996.
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 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 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) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
Canada Geese
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close November 30, 1995, and open
January 1, close February 7, 1996.
Daily Bag Limit: The daily bag limit is 5.
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.
(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, 1995.
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, 1995.
Daily Bag Limit: The daily bag limit is 5.
Canada Geese
Wisconsin and Minnesota Zones:
Season Dates: Open September 15, close December 1, 1995.
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, 1995.
Daily Bag Limit: The daily bag limit is 5.
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close September 10, 1995, 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, 1995.
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, 1995.
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, 1995.
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, 1995.
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, 1995.
Daily Bag Limit: The daily bag limit is 8.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1995.
Daily Bag Limit: The daily bag limit is 8.
[[Page 46015]]
Woodcock
Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
Season Dates: Open September 5, close November 30, 1995.
Daily Bag Limit: The daily bag limit is 5.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1995.
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, 1995.
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, 1995.
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, 1995.
Daily Bag and Possession Limits: Daily bag limit is 5, 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, 1995.
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, 1995.
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, 1995.
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 a Migratory Waterfowl Hunting and Conservation
Stamp (Duck Stamp) and the plugging of shotgun to limit capacity to 3
shells.
(f) Seminole Tribe of Florida, Big Cypress Seminole Reservation,
Clewiston, Florida (Tribal and Non-tribal Members).
Mourning Doves
Season Dates: Open September 20, 1995, close January 15, 1996.
Daily Bag and Possession Limits: The daily bag limit is 12 and the
possession limit is 24.
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.
(g) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members)
Ducks
Season Dates: Open September 15, 1995, close January 15, 1996.
Daily Bag and Possession Limits: Daily bag limit is 5, 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, 1995, close January 15, 1996.
Daily Bag and Possession Limits: Daily bag limit is 4 birds per day
and can 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, 1995.
Daily Bag and Possession Limits: Daily bag limit is 2, and the
possession limit is 4.
Coots
Season Dates: Open September 15, 1995, close January 15, 1996.
Daily Bag and Possession Limits: Daily bag limit is 25.
[[Page 46016]]
Snipe
Season Dates: Open September 15, 1995, and close January 15, 1996.
Daily Bag and Possession Limits: The daily bag limit is 8, with 16
in possession.
Band-tailed Pigeons
Season Dates: Open September 15, close December 1, 1995.
Daily Bag and Possession Limits: Daily bag limit is 2, and the
possession limit is 4.
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.
(h) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members)
Ducks/Coot
Season Dates: Open September 15, 1995, and close February 1, 1996.
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, 1995, and close February 1, 1996.
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, 1995, and close February 1, 1996.
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.
(i) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nonmembers).
Band-tailed Pigeons
Season Dates: Open September 1, close September 10, 1995.
Daily Bag and Possession Limits: The daily bag limit is 3 and the
possession limit is 6.
Mourning Doves
Season Dates: Open September 1, close September 10, 1995.
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.
Dated: August 29, 1995
George T. Frampton, Jr.,
George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 95-21788 Filed 8-31-95; 8:45 am]
BILLING CODE 4310-55-F
