[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23505]
[[Page Unknown]]
[Federal Register: September 22, 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
Late Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule prescribes special late 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 24, 1994.
ADDRESSES: Comments received on the tribal proposals and special
hunting regulations 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, 634
ARLSQ, 1849 C St., 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, 634 ARLSQ, 1849 C St., 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 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 would have to
be consistent with the March 10-September 1 closed season mandated by
the 1916 Convention on the Protection of Migratory Birds Between the
U.S. and Great Britain (for 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 August 16, 1994, proposed rule included generalized
regulations for both early and late season hunting, this rulemaking
addresses only the late season proposals. Early season hunting was
addressed in the rulemaking published in the Federal Register on
September 1, 1994 (59 FR 45235). 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 ordinarily those
that begin in late-September or early-October, or later, each year and
have a primary emphasis on waterfowl.
In the August 16 proposed rule, and in the early season final 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
framework 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, 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 and season length is considered in these final
regulations, many of which were proposed before final decisions were
made on late season frameworks for the States.
Tribal Proposals
For the 1994-95 migratory bird hunting season, the Service received
requests from 14 tribes and/or Indian groups that followed the June 4,
1985, guidelines and are appropriate for rulemaking. Some of the
proposals submitted by the tribes have both early and late season
elements. However, as noted earlier, only those with late season
proposals are included in this final rulemaking; 13 tribes have
proposals with late seasons. Six tribes are represented in the early
season regulations.
There have been no tribal comments or revised proposals for the
late seasons received since publication of the early season final rule.
However, tribal proposals were made before late-season final frameworks
for States were established. Thus, with the liberalization that has
occurred, changes have been made in some of the tribal seasons that are
not reflected in the earlier proposed rule document.
Public Comments on Tribal Proposals
The Service received a letter from the Michigan Department of
Natural Resources (MIDNR), dated August 30, 1994, that generally
supports the Great Lakes Indian Fish and Wildlife Commission (GLIFWC)
migratory bird hunting proposal in the 1836 and 1842 ceded areas of
Michigan. The MIDNR did advise that State rules had been modified to
limit the take of brant to no more than two daily within a daily bag of
seven geese. This was in response to a recent Mississippi Flyway
Council recommendation.
The Service's view on this is that the likelihood of a hunter
taking, or even seeing, a brant in an interior area is not very great
given that brant are almost exclusively a marine species. Although they
are seen on occasion, records indicate the occurrence of brant in
Michigan are on a ``rare'' to ``extremely rare'' basis. Establishment
of a guideline or regulation to restrict the daily bag limit of brant
to two is somewhat meaningless in that context. Nevertheless, as it
would seem that the regulation is in part designed to protect the
hunter, the Service will defer to the GLIFWC to decide for next season
how they will propose to respond to the Mississippi Flyway Council
recommendation and the State of Michigan establishment of regulations
for brant harvest. For this current season, after consultation with
both the MIDNR and the GLIFWC, the potential problem has been taken
care of through inclusion of brant in the ``Other Geese'' category of
the GLIFWC regulations.
Other comments from States regarding tribally proposed regulations,
received earlier, were addressed in the early season final rule
published on September 1, 1994.
In summary, this rule amends section 20.110 of 50 CFR to make
current for the late 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 liberalization that the Service has determined is
biologically feasible for this current season, based on improved
production.
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, as amended (16 U.S.C.
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes of this Act'' (and) shall ``insure that any
action authorized, funded or carried out * * * is not likely to
jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of [critical] habitat * * *'' Consequently, the Service initiated
Section 7 consultation under the Endangered Species Act 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 Endangered Species Act may be inspected by the public in, and will
be available to the public from, the Division of Endangered Species and
Habitat Conservation and the Office of Migratory Bird Management, U.S.
Fish and Wildlife Service, Department of the Interior, Washington, D.C.
20240. Copies of these documents are available from the Service at the
address indicated under the caption ADDRESSES.
In an August 1994 opinion, the Division of Endangered Species
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. Hunting regulations
are designed, among other things, 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
action 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 final rule is Dr. Keith A. Morehouse,
Office of Migratory Bird Management.
Regulations Promulgation
The rulemaking process for migratory bird hunting must, by its very
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 16, 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 late hunting season beginning on
September 24, 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 24, 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, as amended (16 U.S.C. 703
et seq.).
(Editorial Note: The following annual 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) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Nontribal Hunters)
Ducks (including mergansers).
Season Dates: Begin October 1, end November 30, 1994.
Daily Bag and Possession Limits: The daily bag limit is 5,
including no more than 4 mallards (of which only 1 may be a female), 1
pintail and 2 redheads. The possession limit is twice the daily bag
limit. No canvasbacks are allowed in the bag.
Geese. The 1994-95 goose season is closed.
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 older 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
Jicarilla Tribe also apply on the reservation.
(b) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
Ducks (Including Mergansers).
Season Dates: Begin November 12, 1994, end January 8, 1995.
Daily Bag and Possession Limits: The daily bag limit is 5,
including no more than 4 mallards (only 1 female mallard), 1 redhead, 2
canvasbacks and 1 pintail. The possession limit is twice the daily bag
limit, but may not include more than 1 daily bag limit that has been
taken in any 1 day.
Coots, Moorhens and Gallinules.
Season Dates: Begin November 12, 1994, end January 8, 1995.
Daily Bag and Possession Limits: The daily bag limit is 25, singly
or in the aggregate. The possession limit is twice the daily bag limit,
but may not include more than 1 daily bag limit that has been taken in
any 1 day.
Canada Geese.
Season Dates: Begin November 12, 1994, end January 8, 1995.
Bag and Possession Limits: The daily bag limit is 2, and the
possession limit is 4 after the first day.
General Conditions: (1) The area open to hunting in the above
seasons consists of: The entire length of the Black and Salt Rivers
forming the southern boundary of the reservation; the Whiteriver,
extending from the Canyon Day Stockman Station to the Salt River; and
all stock ponds located within Wildlife Management Units 4, 6 and 7.
The remaining reservation waters will be closed to waterfowl hunting
during the 1994-95 hunting season.
(2) 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.
(3) See other special regulations established by the White Mountain
Apache Tribe that apply on the reservation, available from the
reservation Game and Fish Department.
(c) Colorado River Indian Tribes, Parker, Arizona (Tribal Members
and Nontribal Hunters).
Ducks.
Season Dates: Begin October 14, end November 10, 1994; then open
December 9, 1994, close January 8, 1995.
Daily Bag and Possession Limits: The daily bag limit is 4, which
may include no more than 2 pintails, 2 redheads, 1 Mexican duck and 1
canvasback. The possession limit is twice the daily bag limit.
Coots and Common Moorhens.
Season Dates: Begin October 14, end November 10, 1994; then open
December 9, 1994, close January 8, 1995.
Daily Bag and Possession Limits: The daily bag limit is 25. The
possession limit is twice the daily bag limit.
Geese.
Season Dates: Begin October 22, 1994, end January 22, 1995.
Daily Bag and Possession Limits: The daily bag limit is 5, with 5
in possession. The daily bag limit may not include more than 2 dark
(Canada) geese and 3 white (snow, blue, Ross's) geese.
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.
(d) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only).
Ducks.
Michigan, 1842 Treaty Zone.
Season Dates: Begin October 1 and end November 7, then begin
November 12 and end November 13, 1994.
Daily Bag Limit: The daily bag limit is 3, including no more than 2
mallards (only 1 of which may be a female), 1 black duck, 1 pintail, 2
wood ducks, 1 canvasback and 1 redhead.
Michigan, 1836 Treaty Zone.
Season Dates: North Zone, begin October 1 and end November 7, then
begin November 12 and end November 13, 1994; Middle Zone, begin October
1 and end November 6, then begin November 11 and end November 13; South
Zone, begin October 8 and end November 13, 1994, then begin November 25
and end November 27, 1994.
Daily Bag Limit: The daily bag limit is 3, including no more than 2
mallards (only 1 of which may be a female), 1 black duck, 1 pintail, 2
wood ducks, 1 canvasback and 1 redhead.
Mergansers.
Michigan, 1842 Treaty Zone.
Season Dates: Begin October 1 and end November 7, then begin
November 12 and end November 13, 1994.
Daily Bag Limit: The daily bag limit is 5, including no more than 1
hooded merganser.
Michigan, 1836 Treaty Zone.
Season Dates: North Zone, begin October 1 and end November 7, then
begin November 12 and end November 13, 1994; Middle Zone, begin October
1 and end November 6, then begin November 11 and end November 13; South
Zone, begin October 8 and end November 13, 1994, then begin November 25
and end November 27, 1994.
Daily Bag Limit: The daily bag limit is 5, including no more than 1
hooded merganser.
Canada Geese.
Michigan, 1842 Treaty Zone.
Season Dates: Begin September 24, end October 16, 1994.
Daily Bag Limit: The daily bag limit is 2.
Michigan, 1836 Treaty Zone.
Season Dates: North Zone, begin September 24 and end October 16,
1994; Middle Zone, begin October 1 and end October 23, 1994; South
Zone, begin October 8 and end November 6, 1994.
Daily Bag Limit: The daily bag limit is 1 for the South Zone and 2
for the North and Middle Zones.
Other Geese (Brant, Blue, Snow, and White-fronted).
Michigan, 1842 Treaty Zone.
Season Dates: Begin September 24, end October 16, 1994.
Daily Bag Limit: The daily bag limit is 7, including no more than 2
white-fronted.
Michigan, 1836 Treaty Zone.
Season Dates: North Zone, begin September 24 and end October 16,
1994; Middle Zone, begin October 1 and end October 23, 1994; South
Zone, begin October 8 and end November 6, 1994.
Daily Bag Limit: The daily bag limit is 7, including no more than 2
white-fronted.
Coots and Common Moorhens (Gallinule).
Michigan, 1842 Treaty Zone.
Season Dates: Begin October 1 and end November 7, then begin
November 11 and end November 13, 1994.
Daily Bag Limit: The daily bag limit is 15, singly or in the
aggregate.
Michigan, 1836 Treaty Zone.
Season Dates: North Zone, begin October 1 and end November 7, then
begin November 12 and end November 13, 1994; Middle Zone, begin October
1 and end November 6, then begin November 11 and end November 13; South
Zone, begin October 8 and end November 13, 1994, then begin November 25
and end November 27, 1994.
Daily Bag Limit: The daily bag limit is 15.
General Conditions: (1) While hunting waterfowl, a tribal member
must carry on his/her person a valid tribal waterfowl hunting permit.
(2) Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
may be modified by Service final rules adopted in response to a
proposed rule, 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.
(3) Tribal members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
(4) Minnesota and Michigan--Duck Blinds and Decoys. Tribal members
hunting in Minnesota will comply with tribal codes that contain
provisions parallel to M. S. 100.29, Subd. 18 (duck blinds and decoys).
Tribal members hunting in Michigan will comply with tribal codes that
contain provisions parallel to Michigan law regarding duck blinds and
decoys.
(5) 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.
(6) 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 Sec. NR
19.12, Wis. Adm. Code. 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
(Nontribal Hunters).
Ducks.
Season Dates: Begin October 1, 1994, end January 29, 1995. During
this period, days to be hunted are specified by the Kalispel Tribe as
Wednesdays, weekends, holidays and for a continuous period from
November 28 through December 31, 1994, the total of which is 77 days.
Nontribal hunters should contact the tribe for more detail on hunting
days.
Daily Bag and Possession Limits: The daily bag limit is 4 ducks,
including no more than 3 mallards (only 1 of which may be a female), 1
pintail, 1 canvasback and 2 redheads. The possession limit is twice the
daily bag limit.
Geese.
Dark Geese.
Season Dates: Begin October 1, 1994, end January 29, 1995. During
this period, days to be hunted are specified by the Kalispel Tribe as
Wednesdays, weekends, holidays and for a continuous period from
November 28 through December 31, 1994, the total of which is 77 days.
Nontribal hunters should contact the tribe for more detail on hunting
days.
Daily Bag and Possession Limits: The daily bag limit is 4 geese,
including 4 dark geese but not more than 2 white-fronted geese. The
possession limit is twice the daily bag limit.
Light Geese.
Season Dates: Begin October 1, 1994, end January 29, 1995. During
this period, days to be hunted are specified by the Kalispel Tribe as
Wednesdays, weekends, holidays and for a continuous period from
November 28 through December 31, 1994, the total of which is 77 days.
Nontribal hunters should contact the tribe for more detail on hunting
days.
Daily Bag and Possession Limits: The daily bag limit is 3 light
geese. The possession limit is twice the daily bag limit.
General: All State and Federal regulations, such as those contained
in 50 CFR Part 20 and including the possession of a validated Migratory
Bird Hunting and Conservation Stamp, will be observed by hunters.
(f) Klamath Tribe, Chiloquin, Oregon (Tribal Members)
Ducks.
Season Dates: Begin October 1, 1994, end January 28, 1995.
Daily Bag and Possession Limits: The daily bag limit is 9. The
possession limit is twice the daily bag limit.
Coots.
Season Dates: Begin October 1, 1994, end January 28, 1995.
Daily Bag and Possession Limits: The daily bag and possession
limits are 25.
Geese.
Season Dates: Begin October 1, 1994, end January 28, 1995.
Daily Bag and Possession Limits: The daily bag limit is 6. The
possession limit is twice the daily bag limit.
General: The Klamath Tribe provides regulations enforcement
authority in its game management officers, biologists and wildlife
technicians, and has a court system with judges that hear cases and set
fines.
(g) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members
and Nontribal Hunters)
Ducks.
Season Dates: Begin October 1, end November 28, 1994.
Daily Bag and Possession Limits: The bag limit is 5, including no
more than 4 mallards (only 1 of which may be a female), 1 pintail, 1
canvasback and 2 redheads. The possession limit is twice the daily bag
limit for each sex and/or species.
Canada Geese.
Season Dates: Begin October 1, 1994, end January 8, 1995.
Daily Bag and Possession Limits: The daily bag limit is 3. The
possession limit is 6.
Coots and Common Moorhens.
Season Dates: Begin October 1, end November 28, 1994.
Daily Bag and Possession Limits: The daily bag limit is 25 singly
or in the aggregate, and the possession limit is restricted to the
daily bag limit (25).
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.
(h) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Nontribal Hunters)
Ducks (including mergansers).
Season Dates: Begin October 1, end October 16; begin October 22,
end November 27; and begin December 17, 1994, end January 1, 1995.
Daily Bag and Possession Limits: The daily bag limit is 4,
including no more than 3 mallards (only 1 of which may be a female), 1
pintail, 1 canvasback and 2 redheads. The possession limit is twice the
daily bag limit.
Coots.
Season Dates: Begin October 1, end October 16; begin October 22,
end November 27; and begin December 18, 1994, end January 1, 1995.
Daily Bag and Possession Limits: The daily bag limit is 25, and the
possession limit is limited to the daily bag (25).
Geese.
Dark.
Season Dates: Begin October 1, 1994, end January 8, 1995.
Daily Bag and Possession Limits: The daily bag limit is 3, which
may include no more than 2 white-fronted geese. The possession limit is
twice the daily bag limit.
White.
Season Dates: Begin October 1, 1994, end January 8, 1995.
Daily Bag and Possession Limits: The daily bag limit is 3, and the
possession limit is 6.
Special Exception For Geese: A special early closure for goose
hunting may begin at sunset, December 4, 1994, within the following
area or some portion therein: Beginning at Polson, then north along
U.S. Highway 93 to Irvine Flats Road, then west along Irvine Flats Road
to Irvine Divide, then south along the crest of the Salish Mountains
Divide to its intersection with the Ronan-Hot Springs Road, then east
to Sloan's Bridge, then east along Sloan Road to its intersection with
Round Butte Road, then east along Round Butte Road to Valley View Road,
then north along Valley View Road to its intersection with Kerr Dam
Road, then north and east to Polson, the point of beginning. Lands
outside those boundaries will close to Canada goose hunting at sunset
on January 8, 1995.
General Conditions. Nontribal hunters will comply with all basic
Federal migratory bird hunting regulations contained in 50 CFR Part 20
regarding manner of taking. In addition, shooting hours are sunrise to
sunset and each waterfowl hunter 16 years of age or older 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 Confederated Salish and Kootenai Tribes also apply
on the reservation.
(i) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Nontribal Hunters)
Ducks.
Season Dates: Begin October 22, end December 19, 1994.
Daily Bag and Possession Limits: The daily bag limit is 4,
including no more than 3 mallards (only 1 of which may be a female), 1
pintail, 1 canvasback and 2 redheads. The possession limit is twice the
daily bag limit.
Mergansers.
Season Dates: Begin October 22, end December 19, 1994.
Daily Bag and Possession Limits: The daily bag limit is 5, and the
possession limit is 10.
Coots.
Season Dates: Begin October 22, end December 19, 1994.
Daily Bag and Possession Limits: The daily bag limit is 25, and the
possession limit is limited to the daily bag (25).
Geese.
Season Dates: Begin October 8, 1994, end January 8, 1995.
Daily Bag and Possession Limits: The bag limit is 3 in the
aggregate of all species, with no more than 2 white-fronted geese. The
possession limit is twice the daily bag limit.
Common Snipe.
Season Dates: Begin October 22, end December 19, 1994.
Daily Bag and Possession Limits: The daily bag limit is 8, and the
possession limit is 16.
General Conditions: 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 older must have in his/her possession a valid
Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in
ink across the face. Other regulations established by the Shoshone-
Bannock Tribes also apply on the reservation.
(j) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Nontribal Hunters)
Ducks.
Season Dates: Begin October 29, end December 11, 1994.
Daily Bag and Possession Limits: The daily bag limit is 4, of
which: only 1 may be a female mallard; only 1 may be a canvasback, only
1 may be a redhead; only 1 may be a pintail; only 2 may be wood ducks;
and only 1 may be a hooded merganser. The possession limit is 8, the
makeup of which may be no more than twice each of the above.
Dark Geese.
Canada, Brant and White-fronted Geese.
Season Dates: Begin October 9, 1994, end January 1, 1995.
Daily Bag and Possession Limits: The daily bag limit is 2 dark
geese, which can include no more than 1 white-fronted goose (or brant).
The possession limit is twice the daily bag limit.
Light Geese.
Season Dates: Begin October 9, 1994, end January 1, 1995.
Daily Bag and Possession Limits: The daily bag limit is 10, and the
possession limit is 20.
General Conditions: The waterfowl hunting regulations established
by this final rule apply only to tribal and trust lands within the
external boundaries of the reservation. Tribal and nontribal hunters
will comply with basic Federal migratory bird hunting regulations in 50
CFR Part 20 regarding shooting hours and manner of taking. In addition,
each waterfowl hunter 16 years of age or over must carry on his/her
person a valid Migratory Bird Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the face. Special regulations established
by the Crow Creek Sioux Tribe also apply on the reservation.
(k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
Ducks (including mergansers).
Season Dates: Begin October 8, end November 27, 1994.
Daily Bag and Possession Limits: The daily bag limit is 4,
including no more than 1 pintail, 1 mottled duck, 1 redhead, 1
canvasback, 2 wood ducks, 1 female mallard and 1 hooded merganser. The
possession limit is twice the daily bag limit.
Geese.
Dark Geese.
Season Dates: Begin October 1, end December 25, 1994.
Daily Bag and Possession Limits: The daily bag limit is 2 Canada
geese or 1 Canada goose and 1 white-fronted goose (or 1 brant). The
possession limit is twice the daily bag limit.
White Geese.
Season Dates: Begin October 1, 1994, end December 25, 1994.
Daily Bag and Possession Limits: The daily bag limit is 10, and the
possession limit is 20.
General Conditions: All hunters shall comply with the basic Federal
migratory bird hunting regulations in 50 CFR Part 20, including the use
of steel shot. Nontribal hunters are required to have in their
possession a validated Migratory Waterfowl Hunting and Conservation
Stamp. The Lower Brule Sioux Tribe has an official Conservation Code
that hunters must adhere to when hunting in areas subject to control by
the tribe.
(l) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)
Ducks including Mergansers.
Season Dates: Begin October 29, end December 6, 1994.
Daily Bag and Possession Limits: The daily bag limit is 4 ducks, of
which only 1 may be a female mallard; only 1 may be a redhead; only 1
may be a pintail; only 2 may be wood ducks; and only 1 may be a hooded
merganser. Other merganser species, than hooded, must be included in
the duck limit. The possession limit is 8, the makeup of which may be
no more than double each of the above daily bag limits.
Coots.
Season Dates: Begin October 29, end December 6, 1994.
Daily Bag and Possession Limits: The daily bag limit is 15, and the
possession limit is 30.
Dark Geese (Tribal and Nontribal).
Season Dates: Begin October 1, end December 18, 1994.
Daily Bag and Possession Limits: The daily bag limit is 2, which
may include no more than 1 white-fronted goose (or brant). The
possession limit is twice the daily bag limit.
White Geese (Tribal and Nontribal).
Season Dates: Begin October 1, end December 18, 1994.
Daily Bag and Possession Limits: The daily bag limit is 10, and the
possession limit is 20.
Special Season: For tribal and nontribal hunters, a special
extended goose season will be held in the Chalk Rock Colony area of the
Yankton Sioux Reservation. This season begins at the close of the
regular goose season, December 19, 1994, in Goose Hunting Unit 2 and
extends through January 8, 1995. Information on this special season,
including bag limits and other regulations, may be obtained from the
Bureau of Indian Affairs Office in Wagner, South Dakota.
General Conditions: (1) The waterfowl hunting regulations
established by this final rule apply to tribal and trust lands within
the external boundaries of the reservation. (2) 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 older
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 Yankton Sioux Tribe also apply on the
reservation.
(m) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Nontribal Hunters)
Ducks.
Season Dates: Begin November 13, 1994, end January 20, 1995.
Daily Bag and Possession Limits: The daily bag limit is 4, of which
no more than 3 may be mallards (including only 1 female), 1 pintail, 1
canvasback and 2 redheads. The possession limit is twice the daily bag
limit.
Coots.
Season Dates: Begin November 13, 1994, end January 20, 1995.
Daily Bag and Possession Limits: The daily bag limit is 25, and the
possession limit is restricted to the daily bag limit (25).
Geese.
Season Dates: Begin October 15, 1994, end January 22, 1995.
Daily Bag and Possession Limits: The daily bag limit is 4, and the
possession limit is 8. However, there are restrictions on white-fronted
(daily/possession limits, 2 and 4) and snow geese (daily/possession, 3
and 6) statewide.
Brant.
Season Dates: Begin January 7, 1994, end January 22, 1995.
Daily Bag and Possession Limits: The daily bag limit is 2, and the
possession limit is 4.
Snipe.
Season Dates: Begin November 13, 1994, end February 28, 1995.
Daily Bag and Possession Limits: The daily bag limit is 8, and the
possession limit is 16.
General Conditions: All hunters are required to adhere to shooting
hour regulations of one-half hour before sunrise to sunset, and a
number of other special regulations enforced by the tribes.
Dated: September 8, 1994.
George T. Frampton,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-23505 Filed 9-21-94; 8:45 am]
BILLING CODE 4310-55-P
