[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Rules and Regulations]
[Pages 51664-51669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24811]
[[Page 51663]]
_______________________________________________________________________
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 1999-2000 Late
Season; Final Rule
Federal Register / Vol. 64, No. 184 / Thursday, September 23, 1999 /
Rules and Regulations
[[Page 51664]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AF24
Migratory Bird Hunting: Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 1999-2000
Late Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
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 responds to tribal
requests for U.S. Fish and Wildlife Service (hereinafter Service or we)
recognition of their authority to regulate hunting under established
guidelines. This rule allows the establishment of season bag limits
and, thus, harvest at levels compatible with populations and habitat
conditions.
DATES: This rule takes effect on October 1, 1999.
ADDRESSES: You may inspect comments received, if any, on the special
hunting regulations and tribal proposals during normal business hours
in Room 634, Arlington Square Building, 4401 N. Fairfax Drive,
Arlington, Virginia. You should send communications regarding the
documents to: Director (FWS/MBMO), U.S. Fish and Wildlife Service, ms
634-ARLSQ, 1849 C Street, NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service (703) 358-1714.
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3,
1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the
Secretary of the Department of the Interior, having due regard for the
zones of temperature and for the distribution, abundance, economic
value, breeding habits, and times and lines of flight of migratory game
birds, to determine when, to what extent, and by what means such birds
or any part, nest or egg thereof may be taken, hunted, captured,
killed, possessed, sold, purchased, shipped, carried, exported or
transported.
In the August 13, 1999, Federal Register (64 FR 44384), we proposed
special migratory bird hunting regulations for the 1999-2000 hunting
season for certain Indian tribes, under the guidelines described in the
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to
tribal requests for Service recognition of their reserved hunting
rights, and for some tribes, recognition of their authority to regulate
hunting by both tribal members and nonmembers on their reservations.
The guidelines include possibilities for:
(1) On-reservation hunting by both tribal members and nonmembers,
with hunting by non-tribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10-September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
In the May 3, 1999, Federal Register (64 FR 23742), we requested
that tribes desiring special hunting regulations in the 1999-2000
hunting season submit a proposal including details on:
(a) Harvest anticipated under the requested regulations;
(b) Methods that would be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(c) Steps that would be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would adversely
impact the migratory bird resource; and
(d) Tribal capabilities to establish and enforce migratory bird
hunting regulations.
No action is required if a tribe wishes to observe the hunting
regulations established by the State(s) in which an Indian reservation
is located. We have successfully used the guidelines since the 1985-86
hunting season. We finalized the guidelines beginning with the 1988-89
hunting season (August 18, 1988, Federal Register (53 FR 31612)).
Although the proposed rule included generalized regulations for
both early-and late-season hunting, this rule addresses only late-
seasons. Early-season hunting was addressed in the August 30, 1999,
Federal Register (64 FR 47134). As a general rule, early seasons begin
during September each year and have a primary emphasis on such species
as mourning dove. Late seasons begin about October 1 or later each year
and have a primary emphasis on waterfowl.
Tribal Proposals and Comments and Issues Concerning Tribal
Proposals
For the 1999-2000 migratory bird hunting season, we proposed
regulations for 22 tribes and/or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. Some
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with late-season
proposals are included in this final rulemaking; 14 tribes have
proposals with late seasons. The comment period for the August 13
proposed rule closed on August 23, 1999.
We received two comments regarding the notice of intent published
on May 3, 1999, which announced rulemaking on regulations for migratory
bird hunting by American Indian tribal members. Both of these comments
were addressed in the August 13 proposed rule.
NEPA Consideration
Pursuant to the requirements of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final
Environmental Statement for the Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed
with the Council on Environmental Quality on June 6, 1975, and notice
of availability was published in the Federal Register on June 13, 1975,
(40 FR 25241). A supplement to the final environmental statement, the
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-
14)'' was filed on June 9, 1988, and notice of availability was
published in the Federal Register on June 16, 1988 (53 FR 22582), and
June 17, 1988 (53 FR 22727). Copies of these documents are available
from us at the address indicated under the caption ADDRESSES. In
addition, an August 1985 Environmental Assessment titled ``Guidelines
for Migratory Bird Hunting Regulations on Federal Indian Reservations
and Ceded Lands'' is available from the same address.
Endangered Species Act Considerations
Section 7 of the Endangered Species Act, as amended (16 U.S.C.
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review
other programs administered by him and utilize such programs in
furtherance of the purposes
[[Page 51665]]
of this Act'' (and) shall ``insure that any action authorized, funded
or carried out * * * is not likely to jeopardize the continued
existence of any endangered species or threatened species or result in
the destruction or adverse modification of [critical] habitat * * *''
Consequently, we conducted consultations to ensure that actions
resulting from these regulations would not likely jeopardize the
continued existence of endangered or threatened species or result in
the destruction or adverse modification of their critical habitat.
Findings from these consultations are included in a biological opinion
and may have caused modification of some regulatory measures previously
proposed. The final frameworks reflect any modifications. Our
biological opinions resulting from its Section 7 consultation are
public documents available for public inspection in the Service's
Division of Endangered Species and MBMO, at the address indicated under
the caption ADDRESSES.
Regulatory Flexibility Act
These regulations have a significant economic impact on substantial
numbers of small entities under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual
hunting regulations on small business entities in detail and issued a
Small Entity Flexibility Analysis (Analysis) in 1998. The Analysis
documented the significant beneficial economic effect on a substantial
number of small entities. The primary source of information about
hunter expenditures for migratory game bird hunting is the National
Hunting and Fishing Survey, which is conducted at 5-year intervals. The
Analysis was based on the 1996 National Hunting and Fishing Survey and
the US Department of Commerce's County Business Patterns from which it
was estimated that migratory bird hunters would spend between $429 and
$1,084 million at small businesses in 1998. Copies of the Analysis are
available upon request.
Executive Order (E.O.) 12866
Collectively, the rules covering the overall frameworks for
migratory bird hunting are economically significant and have been
reviewed by the Office of Management and Budget (OMB) under E.O. 12866.
This rule is a small portion of the overall migratory bird hunting
frameworks and was not individually submitted and reviewed by OMB under
E.O. 12866.
Small Business Regulatory Enforcement Fairness Act
This annual migratory bird hunting regulations are a major rule
under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement
Fairness Act. For the reasons outlined above, these rules have an
annual effect on the economy of $100 million or more. However, because
this rule establishes hunting seasons, we do not plan to defer the
effective date under the exemption contained in 5 U.S.C. 808(1) and
this rule will be effective immediately.
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act of
1995. We utilize the various recordkeeping and reporting requirements
imposed under regulations established in 50 CFR part 20, Subpart K, in
the formulation of migratory game bird hunting regulations.
Specifically, OMB has approved the information collection requirements
of the Migratory Bird Harvest Information Program and assigned
clearance number 1018-0015 (expires 9/30/2001). This information is
used to provide a sampling frame for voluntary national surveys to
improve our harvest estimates for all migratory game birds in order to
better manage these populations.
A Federal agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State government or private entities.
Civil Justice Reform--E.O. 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 E.O. 12988.
Takings Implication Assessment--E.O. 12630
In accordance with E.O. 12630, these rules, authorized by the
Migratory Bird Treaty Act, do not have significant takings implications
and do not affect any constitutionally protected property rights. These
rules will not result in the physical occupancy of property, the
physical invasion of property, or the regulatory taking of any
property. In fact, these rules allow hunters to exercise privileges
that would be otherwise unavailable; and, therefore, reduce
restrictions on the use of private and public property.
Federalism Effects--E.O. 12612
Due to the migratory nature of certain species of birds, the
Federal government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections and employ guidelines to establish
special regulations on Federal Indian reservations and ceded lands.
This process preserves the ability of the States and Tribes to
determine which seasons meet their individual needs. Any State or Tribe
may be more restrictive than the Federal frameworks at any time. The
frameworks are developed in a cooperative process with the States and
the Flyway Councils. This allows States to participate in the
development of frameworks from which they will make selections, thereby
having an influence on their own regulations. These rules do not have a
substantial direct effect on fiscal capacity, change the roles or
responsibilities of Federal or State governments, or intrude on State
policy or administration. Therefore, in accordance with E.O. 12612,
these regulations do not have significant federalism effects nor
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Government-to-Government Relationship with Tribes
Due to the migratory nature of certain species of birds, the
Federal government has been given responsibility over these species by
the Migratory Bird Treaty Act. Thus, in accordance with the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have determined that there are no effects on Indian trust
resources. However, by virtue of the tribal proposals received in
response to the May 3 request for proposals and the August 13 proposed
rule, we have consulted with all the tribes affected by this rule.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, we intend that
the public be given the greatest possible opportunity to comment on the
regulations. Thus, when the preliminary proposed rulemaking was
published, we
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established what we believed were the longest periods possible for
public comment. In doing this, we recognized that when the comment
period closed, time would be of the essence. That is, if there were a
delay in the effective date of these regulations after this final
rulemaking, the tribes would have insufficient time to communicate
these seasons to their member and non-tribal hunters and to establish
and publicize the necessary regulations and procedures to implement
their decisions.
We therefore find that ``good cause'' exists, within the terms of 5
U.S.C. 553(d)(3) of the Administrative Procedure Act, and these
regulations will, therefore, take effect immediately upon publication.
Therefore, under the authority of the Migratory Bird Treaty Act of
July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703 et seq.), we
prescribe final hunting regulations for certain tribes on Federal
Indian reservations (including off-reservation trust lands), and ceded
lands. The regulations specify the species to be hunted and establish
season dates, bag and possession limits, season length, and shooting
hours for migratory game birds.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, the Service amends part 20, subchapter B, chapter I of
Title 50 of the Code of Federal Regulations as follows:
PART 20--[AMENDED]
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.
(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. Amend Section 20.110 by revising paragraphs (a), (b), (d), (f),
(h), (k), (m) and (o); and by adding paragraphs (p), (q), (r), (s),
(t), (u), and (v) to read as follows:
Sec. 20.110 Seasons, limits and other regulations for certain Federal
Indian reservations, Indian Territory, and ceded lands.
(a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and
Non-tribal Hunters)
Doves
Season Dates: Open September 1, close September 15, 1999; then open
November 19, 1999, close January 3, 2000.
Daily Bag and Possession Limits: For the early season, daily bag
limit is 10 mourning or 10 white-winged doves, singly, or in the
aggregate. For the late season, the daily bag limit is 10 mourning
doves. Possession limits are twice the daily bag limits.
Ducks (including mergansers)
Season Dates: Begin October 2, 1999, close January 16, 2000.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
pintail, 2 redheads, 2 Mexican ducks, 2 hen mallards, 4 scaup, and 1
canvasback. The possession limit is twice the daily bag limit.
Coots and Common Moorhens
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots and common moorhens,
singly or in the aggregate.
Geese
Season Dates: Begin November 20, 1999, end January 16, 2000.
Daily Bag and Possession Limits: 4 geese, including no more than 2
dark (Canada) geese and 3 white (snow, blue, Ross's) geese. The
possession limit is 8.
General Conditions: A valid Colorado River Indian Reservation
hunting permit is required for all persons 14 years and older and must
be in possession before taking any wildlife on tribal lands. Any person
transporting game birds off the Colorado River Indian Reservation must
have a valid transport declaration form. Other tribal regulations
apply, and may be obtained at the Fish and Game Office in Parker,
Arizona.
(b) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Non-tribal Hunters)
Sandhill Cranes
Season Dates: Open September 18, close October 24, 1999.
Daily Bag Limit: 3 sandhill cranes.
Permits: Each person participating in the sandhill crane season
must have a valid Federal sandhill crane hunting permit in their
possession while hunting.
Ducks
Season Dates: Begin October 9, end December 21, 1999.
Daily Bag and Possession Limits: 6 ducks, including no more than 5
mallards (including no more than 2 female mallards), 1 mottled duck, 1
canvasback, 2 redheads, 1 pintail, 3 scaup, and 2 wood ducks.
The possession limit is twice the daily bag limit.
Mergansers
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 5 mergansers, including no more
than 1 hooded merganser. The possession limit is twice the daily bag
limit.
Canada Geese
Season Dates: Begin October 9, 1999, end January 9, 2000.
Daily Bag and Possession Limits: 3 and 6, respectively.
White-fronted Geese
Season Dates: Begin October 2, end December 12, 1999.
Daily Bag and Possession Limits: 2 and 4, respectively.
Light Geese
Season Dates: Begin October 2, close December 25, 1999, then open
February 19, close March 10, 2000.
Daily Bag and Possession Limits: 20 geese daily, no possession
limit.
General Conditions: The waterfowl hunting regulations established
by this final rule apply only to tribal and trust lands within the
external boundaries of the reservation. Tribal and non-tribal hunters
must comply with basic Federal migratory bird hunting regulations in 50
CFR part 20 regarding shooting hours and manner of taking. In addition,
each waterfowl hunter 16 years of age or over must carry on his/her
person a valid Migratory Bird Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the stamp face. Special regulations
established by the Crow Creek Sioux Tribe also apply on the
reservation.
* * * * *
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
All seasons in Michigan, 1836 Treaty Zone:
Ducks
Season Dates: Open September 20, 1999, close January 20, 2000.
Daily Bag Limit: 10 ducks, which may include no more than 1
pintail, 1 canvasback, 2 black ducks, 1 hooded merganser, 2 wood ducks,
2 redheads,
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and 5 mallards (only 2 of which may be hens).
Canada Geese
Season Dates: Open September 1, close November 30, 1999, and open
January 1, 2000, close February 8, 2000.
Daily Bag Limit: 5 geese.
Other Geese (Brant, Blue, Snow, and White-fronted)
Season Dates: Begin October 1, end November 30, 1999.
Daily Bag Limit: 5 geese.
Sora Rails, Common Snipe, and Woodcock
Season Dates: Open September 1, close November 14, 1999.
Daily Bag Limit: 5 rails, 5 snipe, and 5 woodcock.
General Conditions: A valid Grand Traverse Band Tribal license is
required for all persons 12 years and older and must be in possession
before taking any wildlife. All other basic regulations contained in 50
CFR part 20 are valid. Other tribal regulations apply, and may be
obtained at the tribal office in Suttons Bay, Michigan.
* * * * *
(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Non-tribal Hunters).
Tribal Members Only
Ducks
Season Dates: Open September 15, 1999, close January 31, 2000.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
pintail, 2 hen mallards, 4 scaup, and 1 canvasback.
Geese
Season Dates: Open September 1, 1999, close January 31, 2000.
Daily Bag and Possession Limits: 4 geese, including 4 dark geese
but not more than 3 light geese.
The possession limit is twice the daily bag limit.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
Non-tribal Hunters
Ducks
Season Dates: Open October 2, 1999, close January 16, 2000. During
this period, days to be hunted are specified by the Kalispel Tribe as
weekends, holidays and for a continuous period in the months of
December and January. Non-tribal hunters should contact the tribe for
more detail on hunting days.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
pintail, 2 hen mallards, 2 redheads, 4 scaup, and 1 canvasback.
Geese
Season Dates: Begin October 2, 1999, close January 9, 2000.
Daily Bag and Possession Limits: 4 geese, including 4 dark geese
but not more than 3 light geese. The possession limit is twice the
daily bag limit.
General: Hunters must observe 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.
* * * * *
(h) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and
Non-tribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 1, close September 30, 1999.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 30, 1999.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers)
Season Dates: Begin October 2, 1999, close January 16, 2000.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 1 canvasback, 4 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Dark Geese
Season Dates: Begin October 2, 1999, end January 9, 2000.
Daily Bag and Possession Limits: 2 and 4 geese, respectively.
Coots and Common Moorhens
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots and moorhens, singly or
in the aggregate.
General Conditions: Tribal and non-tribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
* * * * *
(k) Seminole Tribe of Florida, Big Cypress Seminole Reservation,
Clewiston, Florida (Tribal Members and Non-tribal Hunters)
Mourning Dove
Season Dates: September 19, 1999, through January 20, 2000.
Daily Bag Limit: 15 doves.
General Conditions: Hunting is on Sundays only. All other Federal
regulations contained in 50 CFR part 20 apply.
* * * * *
(m) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Non-tribal Hunters)
Tribal Members
Ducks/Coot
Season Dates: Open September 15, 1999, and close February 1, 2000.
Daily Bag and Possession Limits: 6 and 12 ducks, respectively;
including no more than 1 pintail and 1 canvasback.
Geese
Season Dates: Open September 15, 1999, and close February 1, 2000.
Daily Bag and Possession Limits: 6 and 12 geese, respectively;
including no more than 2 brant and 4 dark geese (cackling and dusky
Canada geese). The tribes also set a maximum annual bag limit on ducks
and geese for those tribal members who engage in subsistence hunting.
Non-tribal Hunters
Ducks
Season Dates: Begin October 9, 1999, end January 23, 2000.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 1 canvasback, 4 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots.
Geese
Season Dates: Begin October 16, 1999, end January 23, 2000.
Daily Bag and Possession Limits: 4 geese, including 4 dark geese
but no more than 3 light geese. The possession limit is twice the daily
bag limit.
Brant
Season Dates: Begin January 8, end January 23, 2000.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
General Conditions: All waterfowl hunters, members and non-members,
[[Page 51668]]
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.
* * * * *
(o) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 1, close September 12, 1999.
Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 12, 1999.
Daily Bag and Possession Limits: 8 and 16 doves, respectively.
Ducks (Including Mergansers)
Season Dates: Begin October 23, 1999, end January 17, 2000.
Daily Bag and Possession Limits: 4 ducks, including no more than 3
mallards (including no more than 1 female mallard), 2 redheads or 1
canvasback and 1 redhead, and 1 pintail. The possession limit is twice
the daily bag limit.
Coots, Moorhens and Gallinules
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots, moorhens, and
gallinules, singly or in the aggregate. The possession limit is twice
the daily bag limit.
Canada Geese
Season Dates: Same as ducks.
Bag and Possession Limits: 3 and 6, respectively.
General Conditions: All non-tribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands shall have in their
possession a valid White Mountain Apache Daily or Yearly Small Game
Permit. In addition to a small game permit, all non-tribal hunters
hunting band-tailed pigeons must have in their possession a White
Mountain Special Band-tailed Pigeon Permit. Other special regulations
established by the White Mountain Apache Tribe apply on the
reservation. Tribal and non-tribal hunters will comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition:
(1) The area open to waterfowl hunting in the above seasons
consists of: the lower portion of the Black River, beginning at the
confluence of Big Bonito Creek and the Black River, and the entire
length of the Salt River forming the southern boundary of the
reservation; the White River, extending from the Canyon Day Stockman
Station to the Salt River; and all stock ponds located within Wildlife
Management Units 4, 6 and 7. Tanks located below the Mongollon Rim,
within Wildlife Management Units 2 and 3 will be open to waterfowl
hunting. The remaining reservation waters are closed to waterfowl
hunting during the 1999-2000 hunting season.
(2) Tribal and non-tribal hunters must 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.
(p) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Non-tribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 2, 1999, end January 16, 2000.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 1 canvasback, 4 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: The daily bag and possession limit
is 25.
Geese
Dark Geese
Season Dates: Begin October 2, 1999, end January 9, 2000.
Daily Bag and Possession Limits: 4 and 8 geese, respectively.
Light Geese
Season Dates: Begin October 2, 1999, end January 9, 2000.
Daily Bag and Possession Limits: 3 and 6 geese, respectively.
General Conditions: Non-tribal hunters must 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 stamp face. Special regulations
established by the Confederated Salish and Kootenai Tribes also apply
on the reservation.
(q) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Non-tribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 2, end November 30, 1999.
Daily Bag and Possession Limits: The daily bag limit is 7,
including no more than 2 female mallards, 1 pintail, 2 redheads, 4
scaup, and 1 canvasback. The possession limit is twice the daily bag
limit.
Canada Geese
Season Dates: Begin October 2, 1999, end November 30, 1999.
Daily Bag and Possession Limits: 2 and 4, respectively.
General Conditions: Tribal and non-tribal hunters must 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 stamp face. Special regulations established by
the Jicarilla Tribe also apply on the reservation.
(r) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
Ducks
Season Dates: Begin October 1, 1999, end January 31, 2000.
Daily Bag and Possession Limits: 9 and 18 ducks, respectively.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 6 and 12 geese, respectively.
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.
[[Page 51669]]
(s) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Non-tribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 2, 1999, end January 6, 2000.
Daily Bag and Possession Limits: 6 ducks, including no more than 5
mallards (only 1 of which may be a hen), 1 pintail, 3 scaup, 1 mottled
duck, 2 redheads, 1 canvasback, 2 wood ducks, and 1 hooded merganser.
The possession limit is twice the daily bag limit.
Canada Geese
Season Dates: Begin October 16, 1999, end January 16, 2000.
Daily Bag and Possession Limits: 3 geese. The possession limit is
twice the daily bag limit.
White-fronted Geese
Season Dates: Begin October 16, end December 26, 2000.
Daily Bag and Possession Limits: 2 geese. The possession limit is
twice the daily bag limit.
Light Geese
Season Dates: Begin October 16, 1999, end January 16, 2000, begin
February 25, end March 10, 2000.
Daily Bag Limit: 20 geese.
General Conditions: All hunters must comply with the basic Federal
migratory bird hunting regulations in 50 CFR part 20, including the use
of steel shot. Non-tribal hunters must possess 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.
(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Non-tribal Hunters)
Ducks (including Mergansers)
Season Dates: Begin October 2, 1999, end January 16, 2000.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 1 canvasback, 4 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 10 and 20 coots, respectively.
Geese
Season Dates: Begin October 2, 1999, end January 9, 2000.
Daily Bag and Possession Limits: 4 geese, including not more than 3
light geese. The possession limit is twice the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: Non-tribal hunters must 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 possess a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp) signed in ink across the stamp
face. Other regulations established by the Shoshone-Bannock Tribes also
apply on the reservation.
(u) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
Ducks (Including Mergansers)
Season Dates: Begin October 2, 1999, end February 23, 2000.
Daily Bag and Possession Limits: 10 ducks, including no more than 2
female mallards, 1 pintail, 1 canvasback, 4 scaup, and 2 redheads. The
possession limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 7 geese, including 7 dark geese
but no more than 6 light geese. The possession limit is twice the daily
bag limit.
Brant
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 5 and 10 brant, respectively.
General Conditions: The Swinomish Tribal Community has established
additional special regulations for on-reservation hunting. Tribal
hunters should consult the tribal office for additional information.
(v) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Non-
tribal Hunters)
Ducks (including Mergansers)
Season Dates: Begin October 9, end December 21, 1999.
Daily Bag and Possession Limits: 6 ducks, including no more than 5
mallards (no more than 2 female mallards), 2 redheads, 1 pintail, 1
hooded merganser, 1 canvasback, 3 scaup, and 2 wood ducks. The
possession limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 15 and 30 coots, respectively.
Dark Geese
Season Dates: Begin October 30, 1999, end January 31, 2000.
Daily Bag and Possession Limits: 3 geese, including no more than 1
white-fronted goose (or brant). The possession limit is twice the daily
bag limit.
Light Geese
Season Dates: Begin October 30, 1999, end January 23, 2000.
Daily Bag and Possession Limits: 20 geese, no possession limit.
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 non-tribal hunters must 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 stamp face. Special regulations established by the Yankton Sioux
Tribe also apply on the reservation.
Dated: September 15, 1999.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-24811 Filed 9-22-99; 8:45 am]
BILLING CODE 4310-55-P
