[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50940-50946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24817]
[[Page 50939]]
_______________________________________________________________________
Part V
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting Regulations on Certain Federal Indian
Reservations and Ceded Lands for the 1996-97 Late Season; Final Rule
Federal Register / Vol. 61, No. 189 / Friday, September 27, 1996 /
Rules and Regulations
[[Page 50940]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting: Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 1996-97
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 responds to tribal
requests for Service recognition of their authority to regulate hunting
under established guidelines. This rule allows the establishment of
seasons and bag limits and, thus, harvest at levels compatible with
populations and habitat conditions.
EFFECTIVE DATE: This rule takes effect on September 28, 1996.
ADDRESSES: The public may inspect comments received 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, Room 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 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, 1996, Federal Register (61 FR 42730), the U. S.
Fish and Wildlife Service (Service) proposed special migratory bird
hunting regulations for the 1996-97 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 22, 1996, Federal Register (61 FR 11986), the Service
requested that tribes desiring special hunting regulations in the 1996-
97 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 in the 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
late-season proposals. Early-season hunting was addressed in the
rulemaking published in the Federal Register on August 30, 1996 (61 FR
46352). 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.
This year, the Service's annual breeding duck survey estimated
total ducks in the traditional survey area was 37.5 million, an
increase of 5 percent from that in 1995 and 16 percent higher than the
long-term average. The total duck fall flight forecast is approximately
89.5 million birds, compared to 77 million last year. This estimate is
the highest recorded since calculations were initiated in 1970 and 16
percent higher than last year. As a result, the Service has responded
by proposing Flyway frameworks similar to those of last season for the
1996-97 waterfowl hunting season (August 15, 1996, Federal Register, 61
FR 42506). The tribal seasons established below generally reflect the
Flyway frameworks.
Tribal Proposals
For the 1996-97 migratory bird hunting season, the Service 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 have both early- and late-
season elements. However, as noted earlier, only those with late-season
proposals are included in this final rulemaking; 16 tribes made
proposals with late seasons. Ten tribes were represented in the early-
season regulations. Comments and revised proposals received to date are
addressed in the following section. The comment period for the proposed
rule, published on August 16, 1996, closed on August 26, 1996.
Public Comments On Tribal Proposals
The Service received a letter from the Wisconsin Department of
Natural Resources (WIDNR), dated August 26, 1996, concerning the
proposed seasons for the Oneida Tribe of Indians of Wisconsin. The
WIDNR generally supported the season proposals by the Oneidas. The
WIDNR did not, however, support a September 1 duck season opening date
and felt that tribal seasons and bag limits should be generally
consistent with State seasons. Additionally, WIDNR believed that tribal
members should not be exempt from the requirement to purchase a
Migratory Waterfowl Hunting and Conservation Stamp (Duck Stamp) and the
3-shotgun shell limit.
[[Page 50941]]
As we have previously responded regarding other tribal proposals,
we believe it is necessary to place the Oneida's proposal in the proper
context. Generally, Flyway frameworks are liberally interpreted when
application is made to tribal regulations. This results from the
special status of Native Americans and specific treaty rights. We
continue to believe that current populations of birds can support the
tribe's limited harvest. Further, we note that the Oneida's September
15 opening date for ducks meets the Service's established general
framework for approval of tribal duck seasons. This date should provide
ample time for even late broods and molting ducks to be flighted.
Regarding WIDNR's beliefs that tribes should not be exempt from the
purchase of a Duck Stamp or the 3-shotgun shell limit requirement,
WIDNR must recognize that the tribal regulation-development process is
a ``good faith'' effort on the part of the Service and the tribes to
reach mutually agreeable regulations, always with the interest of the
resource paramount. For the same reasons as stated above, the Service
has accepted the Oneida's proposal.
The Service addressed earlier-received comments regarding tribally
proposed regulations in the August 30, 1996, early-season final rule.
In summary, this rule amends section 20.110 of 50 CFR to make
current for the late 1996-97 migratory bird hunting season the
regulations that will apply on Federal Indian reservations, off-
reservation trust lands and ceded lands.
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). 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. Copies of
these documents are available from the Service at the address indicated
under the caption ADDRESSES.
Endangered Species Act Considerations
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
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.
Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the
Paperwork Reduction Act
In the March 22, 1996, Federal Register, the Service reported
measures it took to comply with requirements of the Regulatory
Flexibility Act and E.O. 12866. One measure was to prepare a Small
Entity Flexibility Analysis (Analysis) documenting the significant
beneficial economic effect on a substantial number of small entities.
The Analysis estimated that migratory bird hunters would spend between
$258 and $586 million at small businesses in 1996. Copies of the
Analysis are available upon request from the Office of Migratory Bird
Management. This rule was not subject to review by the Office of
Management and Budget under E.O. 12866.
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
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 final 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.
Dated: September 20, 1996.
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks.
Accordingly, Part 20, subchapter B, chapter I of Title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--[AMENDED]
1. The authority citation for Part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712 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. Section 20.110 is amended by revising paragraphs (a), (c), (d),
(e), (g), (j), and (k); and by adding paragraphs (l), (m), (n), (o),
(p), (q), (r), (s), and (t) to read as follows:
[[Page 50942]]
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 Nontribal Hunters)
Doves
Season Dates: Open September 1, close September 15, 1996; then open
November 16, close January 15, 1997.
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 13, end November 10, 1996; then open
December 7, 1996, close January 5, 1997.
Daily Bag and Possession Limits: 4 ducks, including 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: Same as ducks.
Daily Bag and Possession Limits: 25 coots and common moorhens,
singly or in the aggregate. The possession limit is twice the daily bag
limit.
Geese
Season Dates: Begin October 19, 1996, end January 19, 1997.
Daily Bag and Possession Limits: 5 geese, including no more than 2
dark (Canada) geese and 3 white (snow, blue, Ross's) geese. The
possession limit is 5.
General Conditions: All persons 12 years and older must possess a
valid Colorado River Indian Reservation hunting permit 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.
* * * * *
(c) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons
Bay, Michigan (Tribal Members Only)
Ducks
Michigan, 1836 Treaty Zone:
Season Dates: Open September 15, close November 30, 1996.
Daily Bag Limit: 7 ducks, which may include no more than 1 pintail,
1 canvasback, 1 black duck, 2 wood ducks, 2 redheads, and 2 hen
mallards.
Canada Geese
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close November 30, 1996, and open
January 1, close February 7, 1997.
Daily Bag Limit: 5 geese.
Other Geese (Brant, Blue, Snow, and White-fronted)
Michigan, 1836 Treaty Zone:
Season Dates: Begin October 1, end November 30, 1996.
Daily Bag Limit: 5 geese.
General Conditions: Persons twelve years and older must possess a
valid Grand Traverse Band Tribal license 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.
(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 November 7, 1996.
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, 1842 Treaty Zone:
Season Dates: Begin September 28, end November 16, 1996.
Daily Bag Limit: 5 ducks, including no more than 4 mallards (only 1
of which may be a female), 1 black duck, 1 pintail, 2 wood ducks, 1
canvasback and 2 redheads.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 28 and end November 16,
1996; Middle Zone, begin October 5 and end November 23, 1996; South
Zone, begin October 12 and end November 30, 1996.
Daily Bag Limit: 5 ducks, including no more than 4 mallards (only 1
of which may be a female), 1 black duck, 1 pintail, 2 wood ducks, 1
canvasback and 2 redheads.
Mergansers
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Michigan, 1842 Treaty Zone:
Season Dates: Same as ducks.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Michigan, 1836 Treaty Zone:
Season Dates: Same as ducks.
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, 1996.
Daily Bag Limit: 10 geese, minus the number of blue, snow or white-
fronted geese taken.
Michigan, 1842 Treaty Zone:
Season Dates: Open September 1, close September 10, 1996.
Daily Bag Limit: 5 geese.
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close September 10, 1996, except
for that small portion of the ceded territory which coincides with the
State of Michigan's Southern Zone will open September 1 and close on
September 15.
Daily Bag Limit: 5 geese.
Michigan, 1842 Treaty Zone:
Season Dates: Begin September 28, end October 17, 1996.
Daily Bag Limit: 5 geese.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 28 and end October 17,
1996; Middle Zone, begin October 5 and end October 24, 1996; South
Zone, begin October 14 and end November 30, 1996.
Daily Bag Limit: 1 goose in the South Zone and 2 in the North and
Middle Zones.
Other Geese (Blue, Snow, and White-fronted)
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close December 1, 1996.
Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
Michigan, 1842 Treaty Zone:
Season Dates: Begin September 28, end November 16, 1996.
Daily Bag Limit: 7 geese, minus the number of Canada geese taken
and including no more than 2 white-fronted geese.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 28 and end November 16,
1996; Middle Zone, begin October 5 and end November 23, 1996; South
Zone, begin October 19 and end December 13, 1996.
Daily Bag Limit: 7 geese, minus the number of Canada geese taken
and including no more than 2 white-fronted geese.
[[Page 50943]]
Coots and Common Moorhens (Gallinules)
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Michigan, 1842 Treaty Zone:
Season Dates: Same as ducks.
Daily Bag Limit: 20 coots and moorhens, singly or in the aggregate.
Michigan, 1836 Treaty Zone:
Season Dates: Same as ducks.
Daily Bag Limit: 20 coots and moorhens, singly or in the aggregate.
Sora and Virginia Rails
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate. The possession limit is 25.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag and Possession Limits: 25 sora and Virginia rails, singly
or in aggregate. The possession limit is 25.
Common Snipe
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 8 snipe.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag Limit: 8 snipe.
Woodcock
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 3, close November 30, 1996.
Daily Bag Limit: 5 woodcock.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag Limit: 5 woodcock.
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 must comply with
tribal codes that are no less restrictive than the provisions of
Chapter 10 of the Model Off-Reservation Code. Except as 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 must 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 must comply with tribal codes that contain
provisions parallel to M. S. 100.29, Subd. 18 (duck blinds and decoys).
Tribal members hunting in Michigan must 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 are 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) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members
and Nontribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 1, close September 30, 1996.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 30, 1996.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks
Season Dates: Begin September 28, end December 29, 1996.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 1 pintail, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Dark Geese
Season Dates: Begin September 28, 1996, end January 5, 1997.
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 nontribal 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 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
Navajo Nation also apply on the reservation.
* * * * *
(g) Point No Point Treaty Tribes, Kingston, Washington (Tribal
Members and Non-tribal Hunters)
Mourning Doves
Season Dates: Open September 1, close September 15, 1996.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, close December 16, 1996.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Ducks (including Mergansers)
Season Dates: Begin September 28, 1996, end December 29, 1996.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The season is
closed on wood ducks and harlequin ducks. The possession limit is twice
the daily bag limit.
Geese
Season Dates: Begin September 28, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 4 geese, including not more than 3
light geese. The season is closed on Aleutian Canada geese and cackling
Canada geese. The possession limit is twice the daily bag limit.
Brant
Season Dates: Begin January 4, end January 19, 1997.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
* * * * *
[[Page 50944]]
(j) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Non-tribal Hunters)
Tribal Members
Ducks/Coot
Season Dates: Open September 15, 1996, and close February 1, 1997.
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, 1996, and close February 1, 1997.
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, 1996, and close February 1, 1997.
Daily Bag and Possession Limits: 6 and 12 snipe, respectively.
Non-tribal Hunters
Ducks
Season Dates: Begin October 19, 1996, end January 19, 1997.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback 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 12, 1996, end January 19, 1997.
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 4, end January 19, 1997.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 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 possess 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.
(k) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 6, close September 15, 1996.
Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
Mourning Doves
Season Dates: Open September 6, close September 15, 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 must possess 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 possess 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.
Ducks (Including Mergansers)
Season Dates: Begin November 9, 1996, end January 19, 1997.
Daily Bag and Possession Limits: 3 ducks, including no more than 1
female mallard, 1 redhead, 2 canvasbacks 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: 2 and 4 geese, respectively.
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 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.
The remaining reservation waters are closed to waterfowl hunting during
the 1996-97 hunting season.
(2) Tribal and nontribal 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.
(l) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin September 28, end December 29, 1996.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback 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
Season Dates: Begin September 28, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 4 and 8 geese, respectively.
White
Season Dates: Begin September 28, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 3 and 6 geese, respectively.
General Conditions: Nontribal 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.
[[Page 50945]]
Special regulations established by the Confederated Salish and Kootenai
Tribes also apply on the reservation.
(m) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Nontribal Hunters)
Ducks
Season Dates: Begin October 26, end December 22, 1996.
Daily Bag and Possession Limits: 5 ducks, including no more than 1
female mallard, 1 mottled duck, 1 canvasback, 1 redhead, 1 pintail, 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.
Dark Geese
Canada, Brant and White-fronted Geese
Season Dates: Begin October 5, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 2 dark 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 5, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
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
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.
(n) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 5, end November 30, 1996.
Daily Bag and Possession Limits: The daily bag limit is 7,
including no more than 1 female mallard, 2 pintails and 2 redheads. The
season on canvasbacks is closed. The possession limit is twice the
daily bag limit.
Geese
The 1996-97 goose season is closed.
General Conditions: Tribal and nontribal 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.
(o) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
and Nontribal Hunters)
Non-tribal Hunters
Ducks
Season Dates: Begin October 1, 1996, end January 19, 1997. During
this period, days to be hunted are specified by the Kalispel Tribe as
weekends, holidays and for a continuous period in the month of December
for a total of 68 days. Nontribal hunters should contact the tribe for
more detail on hunting days.
Daily Bag and Possession Limits: 6 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Geese
Season Dates: Same as ducks.
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.
Tribal Members
Ducks
Season Dates: Begin October 1, 1996, end January 31, 1997.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Geese
Season Dates: Same as ducks.
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.
(p) Klamath Tribe, Chiloquin, Oregon (Tribal Members)
Ducks
Season Dates: Begin October 1, 1996, end January 31, 1997.
Daily Bag and Possession Limits: 9 and 16 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.
(q) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 10, end December 31, 1996.
Daily Bag and Possession Limits: 5 ducks, 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 7, end December 31, 1996.
Daily Bag and Possession Limits: 2 geese, including no more than 1
white-fronted goose (or 1 brant). The possession limit is twice the
daily bag limit.
White Geese
Season Dates: Same as dark geese.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
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. Nontribal hunters must possess a validated Migratory
Waterfowl Hunting and Conservation Stamp. The Lower Brule Sioux Tribe
has an official Conservation Code that hunters must
[[Page 50946]]
adhere to when hunting in areas subject to control by the tribe.
(r) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Nontribal Hunters)
Ducks (including Mergansers)
Season Dates: Begin October 8, 1996, end January 8, 1997.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback 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 8, 1996, end January 13, 1997.
Daily Bag and Possession Limits: 4 geese, including not more than 3
light geese and 2 white-fronted 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: Nontribal 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.
(s) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
Ducks (including mergansers)
Season Dates: Begin September 28, 1996, end February 18, 1997.
Daily Bag and Possession Limits: 10 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 28 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.
(t) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)
Ducks (including Mergansers)
Season Dates: Begin October 19, end December 30, 1996.
Daily Bag and Possession Limits: 5 ducks, including no more than 1
female mallard, 2 redheads, 1 pintail, 1 hooded merganser, 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 November 2, 1996, end January 31, 1997.
Daily Bag and Possession Limits: 2 geese, including no more than 1
white-fronted goose (or brant). The possession limit is twice the daily
bag limit.
White Geese
Season Dates: Same as dark geese.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
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 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.
[FR Doc. 96-24817 Filed 9-26-96; 8:45 am]
BILLING CODE 4310-55-F
