97-23239. MIGRATORY BIRD HUNTING; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1997-98 Early Season  

  • [Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
    [Rules and Regulations]
    [Pages 46420-46425]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-23239]
    
    
          
    
    [[Page 46419]]
    
    _______________________________________________________________________
    
    Part IV
    
    
    
    
    
    Department of the Interior
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Fish and Wildlife Service
    
    
    
    _______________________________________________________________________
    
    
    
    50 CFR Part 20
    
    
    
    Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain 
    Federal Indian Reservations and Ceded Lands for the 1997-98 Early 
    Season; Final Rule
    
    Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / 
    Rules and Regulations
    
    [[Page 46420]]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    
    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 20
    
    RIN 1018-AE14
    
    
    MIGRATORY BIRD HUNTING; Migratory Bird Hunting Regulations on 
    Certain Federal Indian Reservations and Ceded Lands for the 1997-98 
    Early Season
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This rule prescribes special early season migratory bird 
    hunting regulations for certain tribes on Federal Indian reservations, 
    off-reservation trust lands and ceded lands. This responds to tribal 
    requests for U.S. Fish and Wildlife Service (hereinafter Service) 
    recognition of their authority to regulate hunting under established 
    guidelines. This rule allows the establishment of season bag limits 
    and, thus, harvest at levels compatible with populations and habitat 
    conditions.
    
    DATE: This rule takes effect on September 1, 1997.
    
    ADDRESSES: The public may inspect comments received, if any, on the 
    proposed special hunting regulations and tribal proposals during normal 
    business hours in Room 634, Arlington Square Building, 4401 N. Fairfax 
    Drive, Arlington, Virginia. The public should send communications 
    regarding the documents to: Director (FWS/MBMO), U.S. Fish and Wildlife 
    Service, 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 11, 1997, Federal Register (62 FR 43042), the Service 
    proposed special migratory bird hunting regulations for the 1997-98 
    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:
        (1) on-reservation hunting by both tribal members and nonmembers, 
    with hunting by nontribal members on some reservations to take place 
    within Federal frameworks but on dates different from those selected by 
    the surrounding State(s);
        (2) on-reservation hunting by tribal members only, outside of usual 
    Federal frameworks for season dates and length, and for daily bag and 
    possession limits; and
        (3) off-reservation hunting by tribal members on ceded lands, 
    outside of usual framework dates and season length, with some added 
    flexibility in daily bag and possession limits.
        In all cases, the regulations established under the guidelines must 
    be consistent with the March 10 - September 1 closed season mandated by 
    the 1916 Migratory Bird Treaty with Canada.
        In the March 13, 1997, Federal Register (62 FR 2054), the Service 
    requested that tribes desiring special hunting regulations in the 1997-
    98 hunting season submit a proposal including details on:
        (1) requested season dates and other regulations to be observed;
        (2) harvest anticipated under the requested regulations;
        (3) methods that will be employed to measure or monitor harvest;
        (4) steps that will be taken to limit level of harvest, where it 
    could be shown that failure to limit such harvest would impact 
    seriously on the migratory bird resource; and
        (5) tribal capabilities to establish and enforce migratory bird 
    hunting regulations.
        No action is required if a tribe wishes to observe the hunting 
    regulations established by the State(s) in which an Indian reservation 
    is located. The Service has successfully used the guidelines since the 
    1985-86 hunting season. The Service finalized the guidelines beginning 
    with the 1988-89 hunting season (August 18, 1988, Federal Register [53 
    FR 31612]).
        Although the proposed rule included generalized regulations for 
    both early- and late-season hunting, this rulemaking addresses only the 
    early-season proposals. Late-season hunting will be addressed in late-
    September. As a general rule, early seasons begin during September each 
    year and have a primary emphasis on such species as mourning and white-
    winged dove. Late seasons begin about October 1 or later each year and 
    have a primary emphasis on waterfowl.
    
    Comments and Issues Concerning Tribal Proposals
    
        For the 1997-98 migratory bird hunting season, the Service proposed 
    regulations for 20 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; 12 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 11, 1997, closed on August 21, 
    1997. Because of the necessary brief comment period, the Service will 
    respond to any comments received on the proposed rule and/or these 
    early-season regulations not responded to herein in the September late-
    season final rule.
    
    NEPA Consideration
    
        NEPA considerations are covered by the programmatic document, 
    ``Final Supplemental Environmental Impact Statement: Issuance of Annual 
    Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
    14),'' filed with EPA on June 9, 1988. The Service published a Notice 
    of Availability in the June 16, 1988, Federal Register (53 FR 22582). 
    The Service published its Record of Decision on August 18, 1988 (53 FR 
    31341). Copies of these documents are available from the Service at the 
    address indicated under the caption ADDRESSES.
    
    Endangered Species Act Consideration
    
        As in the past, the Service designs hunting regulations to remove 
    or alleviate chances of conflict between migratory game bird hunting 
    seasons and the protection and conservation of endangered and 
    threatened species. Consultations were conducted to ensure that actions 
    resulting from these regulatory proposals will not likely jeopardize 
    the continued existence of endangered or threatened species or result 
    in the destruction or adverse modification of their critical habitat. 
    Findings from these consultations are included in a biological opinion 
    and may have caused modification of some regulatory measures previously
    
    [[Page 46421]]
    
    proposed. The final frameworks reflect any modifications. The Service's 
    biological opinions resulting from its Section 7 consultation are 
    public documents available for public inspection in the Service's 
    Division of Endangered Species and MBMO, at the address indicated under 
    the caption ADDRESSES.
    
    Executive Order (E.O.) 12866
    
        Collectively, the rules covering the overall frameworks for 
    migratory bird hunting are economically significant and are 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 the Office of Management 
    and Budget (OMB) under E.O. 12866.
    
    Congressional Review
    
        In accordance with Section 251 of the Small Business Regulatory 
    Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been 
    submitted to Congress and has been declared major. Because this rule 
    establishes hunting seasons, this rule qualifies for an exemption under 
    5 U.S.C. 808(1); therefore, the Department determines that this rule 
    shall take effect immediately.
    
    Regulatory Flexibility Act
    
        Overall, migratory bird hunting regulations have a significant 
    economic impact on a substantial number of small entities under the 
    Regulatory Flexibility Act (5 U.S.C. 601 et seq). In the March 13, 
    1997, Federal Register, the Service reported measures it took to comply 
    with requirements of the Act. One measure was to prepare a Small Entity 
    Flexibility Analysis (Analysis) in 1996 documenting the significant 
    beneficial economic effect on a substantial number of small entities. 
    The Analysis estimated that migratory bird hunters would spend between 
    $254 and $592 million at small businesses in 1996. Copies of the 
    Analysis are available upon request from the Office of Migratory Bird 
    Management.
    
    Paperwork Reduction Act
    
        The Department examined these regulations under the Paperwork 
    Reduction Act of 1995 and found no information collection requirements.
    
    Regulations Promulgation
    
        The rulemaking process for migratory game bird hunting must, by its 
    nature, operate under severe time constraints. However, the Service 
    intends that the public be given the greatest possible opportunity to 
    comment on the regulations. Thus, when the preliminary proposed 
    rulemaking was published, the Service established what it believed were 
    the longest periods possible for public comment. In doing this, the 
    Service recognized that when the comment period closed, time would be 
    of the essence. That is, if there were a delay in the effective date of 
    these regulations after this final rulemaking, the 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.
        Therefore, the Service, 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.), 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.
        The Service therefore finds that ``good cause'' exists, within the 
    terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and 
    these frameworks will, therefore, take effect immediately upon 
    publication.
    
    Unfunded Mandates Reform Act
    
        The Service has determined and certifies in compliance with the 
    requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that 
    this rulemaking will not impose a cost of $100 million or more in any 
    given year on local or State government or private entities.
    
    Civil Justice Reform--Executive Order 12988
    
        The Department, in promulgating this rule, has determined that 
    these regulations meet the applicable standards provided in Sections 
    3(a) and 3(b)(2) of Executive Order 12988.
    
    List of Subjects in 50 CFR Part 20
    
        Exports, Hunting, Imports, Reporting and recordkeeping 
    requirements, Transportation, Wildlife.
        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 is revised to read as 
    follows:
    
        1. Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a--j. 
    (Editorial Note: The following hunting regulations provided for by 
    Sec. 20.110 of 50 CFR part 20 will not appear in the Code of Federal 
    Regulations because of their seasonal nature).
        2. Section 20.110 is revised to read as follows:
    
    
    Sec. 20.110  Seasons, limits and other regulations for certain Federal 
    Indian reservations, Indian Territory, and ceded lands.
    
    (a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and 
    Non-tribal Hunters)
    
    Doves
        Season Dates: Open September 1, close September 15, 1997; then open 
    November 16, close January 15, 1998.
    
        Daily Bag and Possession Limits: For the early season, daily bag 
    limit is 10 mourning or 10 white-winged doves, singly, or in the 
    aggregate. For the late season, the daily bag limit is 10 mourning 
    doves. Possession limits are twice the daily bag limits.
    
        General Conditions: A valid Colorado River Indian Reservation 
    hunting permit is required for all persons 14 years and older and must 
    be in possession before taking any wildlife on tribal lands. Any person 
    transporting game birds off the Colorado River Indian Reservation must 
    have a valid transport declaration form. Other tribal regulations 
    apply, and may be obtained at the Fish and Game Office in Parker, 
    Arizona.
    
    (b) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
    Minnesota (Tribal Members Only)
    
    Ducks
        Minnesota 1854 Zone:
    
        Season Dates: Open September 13, close November 23, 1997.
    
        Daily Bag Limit: 20 ducks, including no more than 10 mallards; only 
    5 of which may be hen mallards; 4 black ducks; 4 redheads, 4 pintails 
    and 2 canvasbacks.
    Mergansers
        Minnesota 1854 Zone:
    
        Season Dates: Open September 13, close November 23, 1997.
    
        Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
    merganser.
    Geese
        Minnesota 1854 Zone:
    
        Season Dates: Open September 6, close November 23, 1997.
    
        Daily Bag Limit: 10 geese.
    Coots and Common Moorhens (Gallinule)
        Minnesota 1854 Zone:
    
    
    [[Page 46422]]
    
    
        Season Dates: Open September 13, close November 23, 1997.
    
        Daily Bag Limit: 20 coots and common moorhens, singly or in the 
    aggregate.
    Sora and Virginia Rails
        Minnesota 1854 Zone:
    
        Season Dates: Open September 6, close November 23, 1997.
    
        Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
    aggregate. The possession limit is 25.
    Common Snipe
        Minnesota 1854 Zone:
    
        Season Dates: Open September 1, close November 23, 1997.
    
        Daily Bag Limit: 8 snipe.
    Woodcock
        Minnesota 1854 Zone:
    
        Season Dates: Open September 1, close November 23, 1997.
    
        Daily Bag Limit: 5 woodcock.
    
        General Conditions:
        (i) While hunting waterfowl, a tribal member must carry on his/her 
    person a valid tribal waterfowl hunting permit.
        (ii) Except as otherwise noted, tribal members will be required to 
    comply with tribal codes that will be no less restrictive than the 
    provisions of Chapter 10 of the Model Off--Reservation Code. This Model 
    Code was the subject of the stipulation in Lac Courte Oreilles v. State 
    of Wisconsin regarding migratory bird hunting. Except as modified 
    herein, these amended regulations parallel Federal requirements, 50 CFR 
    Part 20, and shooting hour regulations in 50 CFR Part 20, subpart K, as 
    to hunting methods, transportation, sale, exportation and other 
    conditions generally applicable to migratory bird hunting.
        (iii) Tribal members in each zone will comply with State 
    regulations providing for closed and restricted waterfowl hunting 
    areas.
        (iv) Minnesota--Duck Blinds and Decoys. Tribal members hunting in 
    Minnesota will comply with tribal codes that contain provisions 
    parallel to applicable State statutes.
        (v) Possession limits for each species are double the daily bag 
    limit, except on the opening day of the season, when the possession 
    limit equals the daily bag limit, unless otherwise specified.
        (vi) Possession limits are applicable only to transportation and do 
    not include birds which are cleaned, dressed, and at a member's primary 
    residence. For purposes of enforcing bag and possession limits, all 
    migratory birds in the possession or custody of tribal members on ceded 
    lands will be considered to have been taken on those lands unless 
    tagged by a tribal or State conservation warden as having been taken 
    on-reservation. In Wisconsin, such tagging will comply with applicable 
    State statutes. All migratory birds which fall on reservation lands 
    will not count as part of any off-reservation bag or possession limit.
    
    (c) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
    Michigan (Tribal Members Only)
    
    Ducks
        Michigan, 1836 Treaty Zone:
    
        Season Dates: Open September 20, 1997, close January 20, 1998.
    
        Daily Bag Limit: 10 ducks, which may include no more than 1 
    pintail, 1 canvasback, 1 black duck, 1 hooded merganser, 2 wood ducks, 
    2 redheads, and 5 mallards (only 2 hen mallards).
    Canada Geese
        Michigan, 1836 Treaty Zone:
    
        Season Dates: Open September 1, close November 30, 1997, and open 
    January 1, 1998, close February 8, 1998.
    
        Daily Bag Limit: 5 geese.
    
        General Conditions: A valid Grand Traverse Band Tribal license is 
    required for all persons 12 years and older and must be in possession 
    before taking any wildlife. All other basic regulations contained in 50 
    CFR part 20 are valid. Other tribal regulations apply, and may be 
    obtained at the tribal office in Suttons Bay, Michigan.
    Sora Rails
        Michigan 1836 Treaty Zone:
    
        Season Dates: Open September 1, close November 14, 1997.
    
        Daily Bag Limit: 5 rails.
    Common Snipe
        Michigan 1836 Treaty Zone:
    
        Season Dates: Open September 1, close November 14, 1997.
    
        Daily Bag Limit: 5 snipe.
    Woodcock
        Michigan 1836 Treaty Zone:
    
        Season Dates: Open September 1, close November 14, 1997.
    
        Daily Bag Limit: 5 woodcock.
    
    (d) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 
    (Tribal Members Only)
    
    Ducks
        Wisconsin and Minnesota 1837 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 20 ducks, including no more than 10 mallards; only 
    5 of which may be hen mallards; 4 black ducks; 4 redheads, 4 pintails 
    and 2 canvasbacks.
    
        Michigan 1836 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 10 ducks, including no more than 5 mallards; only 
    2 of which may be hen mallards; 2 black ducks; 2 redheads, 2 pintails 
    and 1 canvasback.
    Mergansers
        Wisconsin and Minnesota 1837 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 5 mergansers.
    
        Michigan 1836 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
    merganser.
    Canada Geese
        Wisconsin and Minnesota 1837 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 10 geese, minus the number of blue, snow or white-
    fronted geese taken.
    
        Michigan 1836 and 1842 Treaty Zone:
    
        Season Dates: Open September 15, close December 1, 1997. In 
    addition, the same dates and season length permitted the State of 
    Michigan during the Special September Canada goose Season.
    
        Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or 
    white-fronted geese taken. In addition, the same bag limit permitted 
    the State of Michigan during the Special September Canada goose Season.
    Geese: Blue, Snow and White-fronted Geese
        A. Wisconsin and Minnesota 1837 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
    
        B. Michigan 1836 and 1842 Treaty Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
    
    [[Page 46423]]
    
    Other Migratory Birds: Coots and Common Moorhens (Common Gallinules)
        A. Wisconsin and Minnesota 1837 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
    singly or in the aggregate.
    
        B. Michigan 1836 and 1842 Treaty Zones:
    
        Season Dates: Open September 15, December 1, 1997.
    
        Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
    singly or in the aggregate.
    Sora and Virginia Rails
        A. Wisconsin and Minnesota 1837 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 25 sora and Virginia rails singly, or in the 
    aggregate.
    
        B. Michigan 1836 and 1842 Treaty Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 25 sora and Virginia rails singly, or in the 
    aggregate.
    Common Snipe
        A. Wisconsin and Minnesota 1837 and 1842 Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 8 common snipe.
    
        B. Michigan 1836 and 1842 Treaty Zones:
    
        Season Dates: Open September 15, close December 1, 1997.
    
        Daily Bag Limit: 8 common snipe.
    Woodcock
        A. Wisconsin and Minnesota 1837 and 1842 Zones:
    
        Season Dates: Open September 2, close November 30, 1997.
    
        Daily Bag Limit: 5 woodcock.
    
        B. Michigan 1836 and 1842 Treaty Zones:
    
        Season Dates: Open September 1, close December 1, 1997.
    
        Daily Bag Limit: 5 woodcock.
    
        General Conditions:
        (i) While hunting waterfowl, a tribal member must carry on his/her 
    person a valid tribal waterfowl hunting permit.
        (ii) Except as otherwise noted, tribal members will be required to 
    comply with tribal codes that will be no less restrictive than the 
    provisions of Chapter 10 of the Model Off-Reservation Code. This Model 
    Code was the subject of the stipulation in Lac Courte Oreilles v. State 
    of Wisconsin regarding migratory bird hunting. Except as modified 
    herein, these amended regulations parallel Federal requirements, 50 CFR 
    Part 20, and shooting hour regulations in 50 CFR Part 20, subpart K, as 
    to hunting methods, transportation, sale, exportation and other 
    conditions generally applicable to migratory bird hunting.
        (iii) Tribal members in each zone will comply with tribal 
    regulations providing for closed and restricted waterfowl hunting 
    areas. These regulations generally incorporate the same restrictions 
    contained in parallel state regulations.
        (iv) Minnesota and Michigan--Duck Blinds and Decoys. Tribal members 
    hunting in Minnesota will comply with tribal codes that contain 
    provisions parallel to applicable State statutes. Tribal members 
    hunting in Michigan will comply with tribal codes that contain 
    provisions parallel to Michigan law regarding duck blinds and decoys.
        (v) Possession limits for each species are double the daily bag 
    limit, except on the opening day of the season, when the possession 
    limit equals the daily bag limit, unless otherwise specified.
        (vi) Possession limits are applicable only to transportation and do 
    not include birds which are cleaned, dressed, and at a member's primary 
    residence. For purposes of enforcing bag and possession limits, all 
    migratory birds in the possession or custody of tribal members on ceded 
    lands will be considered to have been taken on those lands unless 
    tagged by a tribal or State conservation warden as having been taken 
    on-reservation. In Wisconsin, such tagging will comply with applicable 
    State statutes. All migratory birds which fall on reservation lands 
    will not count as part of any off-reservation bag or possession limit.
    
    (e) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
    Members Only).
    
    Ducks
        Season Dates: Open September 15, 1997, close January 31, 1998.
    
        Daily Bag and Possession Limits: 7 ducks, including no more than 3 
    pintails, 2 hen mallards, and 1 canvasback.
    Geese
        Season Dates: Open September 15, 1997, close January 31, 1998.
    
        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.
    
    (f) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and 
    Nonmembers).
    
    Band-tailed Pigeons
        Season Dates: Open September 1, close September 30, 1997.
    
        Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
    Mourning Doves
        Season Dates: Open September 1, close September 30, 1997.
    
        Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    
        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.
    
    (g) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
    Members).
    
    Ducks
        Season Dates: Open September 15, close November 20, 1997.
    
        Daily Bag and Possession Limits: 5 ducks, including no more than 3 
    mallards (only 1 of which can be a mallard hen), 4 wood ducks, 1 
    canvasback, 1 redhead, 2 pintails, and 1 hooded merganser. Possession 
    limit is twice the daily bag limit.
    Geese
        Season Dates: Open September 1, close December 31, 1997.
    
        Daily Bag and Limits: 3 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.
    Woodcock
        Season Dates: Open September 1, close November 16, 1997.
    
        Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
    
    
    [[Page 46424]]
    
    
        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.
    
    (h) Point No Point Treaty Tribes, Kingston, Washington (Tribal 
    Hunters).
    
    Ducks
        Season Dates: Open September 15, 1997, close January 15, 1998.
    
        Daily Bag and Possession Limits: 7 ducks, including no more than 1 
    female mallard, 2 pintails, 1 canvasback and 2 redheads. The season on 
    wood ducks and harlequin ducks is closed. Possession limit is twice the 
    daily bag limit.
    Geese
        Season Dates: Open September 15, 1997, close January 15, 1998.
    
        Daily Bag and Possession Limits: 4 geese, and may include no more 
    than 3 light geese. 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 January 15, 1997.
    
        Daily Bag and Possession Limits: 2 and 4 brant, respectively.
    Coots
        Season Dates: Open September 15, 1997, close January 15, 1998.
    
        Daily Bag Limits: 25 coots.
    Mourning Doves
        Season Dates: Open September 1, close September 30, 1997.
    
        Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    Snipe
        Season Dates: Open September 1, close December 16, 1997.
    
        Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    
    (i) Seminole Tribe of Florida, Big Cypress Seminole Reservation, 
    Clewiston, Florida (Tribal and Non-tribal Hunters).
    
    Mourning Doves
        Season Dates: Open September 14, 1997, close January 18, 1998.
    
        Daily Bag and Possession Limits: 12 and 24 doves, respectively.
    
        General Conditions: Hunting would be on Sundays only from 1:00 p.m. 
    to sunset. All other Federal regulations contained in 50 CFR part 20 
    would apply.
    
    (j) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
    Washington (Tribal Members)
    
    Ducks
        Season Dates: Open September 15, 1997, close January 15, 1998.
    
        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, 1997, close January 15, 1998.
    
        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, 1997.
    
        Daily Bag and Possession Limits: 2 and 4 brant, respectively.
    Coots
        Season Dates: Open September 15, 1997, close January 15, 1998.
    
        Daily Bag Limits: 25 coots.
    Snipe
        Season Dates: Open September 15, 1997, and close January 15, 1998.
    
        Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    Band-tailed Pigeons
        Season Dates: Open September 15, close December 1, 1997.
    
        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.
    
    (k) Tulalip Tribes of Washington, Tulalip Indian Reservation, 
    Marysville, Washington (Tribal Members)
    
    Ducks/Coot
        Season Dates: Open September 15, 1997, and close February 1, 1998.
    
        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, 1997, and close February 1, 1998.
    
        Daily Bag and Possession Limits: 6 and 12 geese, respectively; 
    except that the bag limits for brant and cackling and dusky Canada 
    geese are those established for the Pacific Flyway in accordance with 
    final Federal frameworks, to be announced. The tribes also set a 
    maximum annual bag limit on ducks and geese for those tribal members 
    who engage in subsistence hunting.
    Snipe
        Season Dates: Open September 15, 1997, and close February 1, 1998.
    
        Daily Bag and Possession Limits: 6 and 12 snipe, respectively.
    
        General Conditions: All waterfowl hunters, members and non-members, 
    must obtain and possess while hunting a valid hunting permit from the 
    Tulalip tribes. Also, non-tribal members sixteen years of age and 
    older, hunting pursuant to Tulalip Tribes' Ordinance No. 67, must 
    possess a validated Federal Migratory Bird Hunting and Conservation 
    Stamp and a validated State of Washington Migratory Waterfowl Stamp. 
    All Tulalip tribal members must have in their possession while hunting, 
    or accompanying another, their valid tribal identification card. All 
    hunters are required to adhere to a number of other special regulations 
    enforced by the tribes and available at the tribal office.
    
    (l) 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 10, 1997.
    
        Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
    
    [[Page 46425]]
    
    Mourning Doves
        Season Dates: Open September 1, close September 10, 1996.
    
        Daily Bag and Possession Limits: 8 and 16 doves, respectively.
    
        General Conditions: All non-tribal hunters hunting band-tailed 
    pigeons and mourning doves on Reservation lands shall have in their 
    possession a valid White Mountain Apache Daily or Yearly Small Game 
    Permit. In addition to a small game permit, all non-tribal hunters 
    hunting band-tailed pigeons must have in their possession a White 
    Mountain Special Band-tailed Pigeon Permit. Other special regulations 
    established by the White Mountain Apache Tribe apply on the 
    reservation. Tribal and nontribal hunters will comply with all basic 
    Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
    shooting hours and manner of taking.
    
        Dated: August 26, 1997.
    William L. Leary,
    Acting Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 97-23239 Filed 8-27-97; 3:24 pm]
    BILLING CODE 4310-55-F
    
    
    

Document Information

Effective Date:
9/1/1997
Published:
09/02/1997
Department:
Fish and Wildlife Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-23239
Dates:
This rule takes effect on September 1, 1997.
Pages:
46420-46425 (6 pages)
RINs:
1018-AE14: Migratory Bird Hunting: Proposed 1997-98 Migratory Game Bird Hunting Regulations (Preliminary) with Requests for Indian Tribal Proposals
RIN Links:
https://www.federalregister.gov/regulations/1018-AE14/migratory-bird-hunting-proposed-1997-98-migratory-game-bird-hunting-regulations-preliminary-with-req
PDF File:
97-23239.pdf
CFR: (1)
50 CFR 20.110