[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50706-50711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24239]
[[Page 50705]]
_______________________________________________________________________
Part VII
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 1995-96 Late Season; Final Rule
Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 /
Rules and Regulations
[[Page 50706]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AC79
Migratory Bird Hunting: Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 1995-96
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 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 seasons and bag limits and, thus, harvest at levels
compatible with populations and habitat conditions.
EFFECTIVE DATE: This rule takes effect September 30, 1995.
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: Ron W. Kokel or Dr. Keith A.
Morehouse, Office of Migratory Bird Management, U.S. Fish and Wildlife
Service (703/358-1714).
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3,
1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the
Secretary of the Interior, having due regard for the zones of
temperature and for the distribution, abundance, economic value,
breeding habits, and times and lines of flight of migratory game birds,
to determine when, to what extent, and by what means such birds or any
part, nest or egg thereof may be taken, hunted, captured, killed,
possessed, sold, purchased, shipped, carried, exported or transported.
In the August 17, 1995 Federal Register (60 FR 42960), the U.S.
Fish and Wildlife Service (Service) proposed special migratory bird
hunting regulations for the 1995-96 hunting season for certain Indian
tribes, under the guidelines described in the June 4, 1985, Federal
Register (50 FR 23467). The guidelines were developed in response to
tribal requests for Service recognition of their reserved hunting
rights, and for some tribes, recognition of their authority to regulate
hunting by both tribal members and nonmembers on their reservations.
The guidelines include possibilities for: (1) on-reservation hunting by
both tribal members and nonmembers, with hunting by nontribal members
on some reservations to take place within Federal frameworks but on
dates different from those selected by the surrounding State(s); (2)
on-reservation hunting by tribal members only, outside of usual Federal
frameworks for season dates and length, and for daily bag and
possession limits; and (3) off-reservation hunting by tribal members on
ceded lands, outside of usual framework dates and season length, with
some added flexibility in daily bag and possession limits. In all
cases, the regulations established under the guidelines 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 1995-96 hunting season were requested in the
March 24, 1995, Federal Register (60 FR 15642) to submit a proposal
that included details on: (1) requested season dates and other
regulations to be observed; (2) harvest anticipated under the requested
regulations; (3) methods that will be employed to measure or monitor
harvest; (4) steps that will be taken to limit level of harvest, where
it could be shown that failure to limit such harvest would impact
seriously on the migratory bird resource; and (5) tribal capabilities
to establish and enforce migratory bird hunting regulations. No action
is required if a tribe wishes to observe the hunting regulations that
are established by the State(s) in which an Indian reservation is
located. The guidelines have been used successfully since the 1985-86
hunting season, and they were made final beginning with the 1988-89
hunting season (August 18, 1988; 53 FR 31612).
Although the August 17, 1995, 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, 1995 (60 FR 46012). 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.
This year, the Service's annual breeding duck survey recorded an
estimated 35.9 million ducks, a 10 percent increase from 32.5 million
last year. Breeding mallard populations rose 18 percent to 8.3 million,
the highest level since 1972 and above the North American Waterfowl
Management Plan's goal of 8.1 million. Based on survey and production
data, the Service is projecting a fall-flight index of about 80 million
ducks from the traditional surveyed areas, up 13 percent from last
year's estimate of 71 million. As a result, the Service has responded
by proposing Flyway frameworks including longer seasons and larger
daily bag limits for the 1995-96 waterfowl hunting season (August 28,
1995, Federal Register, 60 FR 44463). The fact that 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 1995-96 migratory bird hunting season, the Service proposed
regulations for 17 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; 14 tribes made
proposals with late seasons. Nine tribes were 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 Arizona Game and Fish
Department (AGFD), dated August 25, 1995, generally supporting the
season proposals by Arizona tribes. The AGFD did, however, comment on
aspects of the proposals from the Colorado River Tribes and the White
Mountain Apache
[[Page 50707]]
Tribe. In particular, AGFD was concerned about the apparent lack of a
hen mallard restriction in the Colorado River Indian Tribes' proposal
and the White Mountain Apache Tribe's proposal of 2 canvasbacks per day
in the daily bag limit.
While the above two proposals are not exactly in accordance with
the Pacific Flyway's frameworks, the Service's position has generally
been that there must be a certain amount of latitude and flexibility in
the guidelines developed and established for tribal requests for
special migratory bird hunting seasons. The 1985 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 and non-tribal
members on their reservations. Specifically regarding the Colorado
River Indian Tribes' and the White Mountain Apache Tribe's proposals,
the Service points out that both tribes have established more
conservative daily bag limits and seasons than those allowed in the
proposed Pacific Flyway frameworks. The Colorado River Indian Tribes
have selected a 4-bird daily bag limit and a 59-day season while the
White Mountain Apache Tribe has selected a 3-bird daily bag limit and a
58-day season. Pacific Flyway frameworks for the 1995-96 hunting season
allow for a 93-day season and a 6-bird daily bag limit.
Other comments from States regarding tribally proposed regulations,
received earlier, were addressed in the early-season final rule
published on September 1, 1995.
In summary, this rule amends section 20.110 of 50 CFR to make
current for the late 1995-96 migratory bird hunting season the
regulations that will apply on Federal Indian reservations, off-
reservation trust lands and ceded lands. These regulations take into
account the liberalization that the Service has determined is
biologically feasible for this current season, based on the improved
status of ducks.
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 Service at the address indicated
under the caption ADDRESSES.
In an August 1995 finding, 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. Among other things,
hunting regulations are designed to remove or alleviate chances of
conflict between seasons for migratory game birds and the protection
and conservation of endangered and threatened species and their
habitats.
Regulatory Flexibility Act, Executive Order 12866, and the
Paperwork Reduction Act
In the March 24 Federal Register, the Service reported measures it
had undertaken to comply with requirements of the Regulatory
Flexibility Act and the Executive Order. These included preparing an
Analysis of Regulatory Effects, and an updated Final Regulatory Impact
Analysis (FRIA), and publication of a summary of the later. Although a
FRIA is no longer required, the economic analysis contained in the FRIA
was reviewed and the Service determined that it met the requirements of
E.O. 12866. In addition, the Service prepared a Small Entity
Flexibility Analysis, under the Regulatory Flexibility Act (5 U.S.C.
601 et seq), which further document the significant beneficial economic
effect on a substantial number of small entities. This rule was not
subject to review by the Office of Management and Budget under E.O.
12866.
These regulations contain no information collections subject to OMB
review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). However, the Service does utilize information acquired through
other various information collections in the formulation of migratory
game bird hunting regulations. These information collection
requirements have been approved by OMB and assigned clearance numbers
1018-0005, 1018-0006, 1018-0008, 1018-0009, 1018-0010, 1018-0015, 1018-
0019, and 1018-0023.
Authorship: The primary authors of this final rule are Ron W.
Kokel and 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 17, 1995, the Service established the longest possible period
for public comments. In doing this, the Service recognized that time
would be of the essence. However, the comment period provided the
maximum amount of time possible while ensuring that this final rule
would be published before the late-hunting season beginning on or about
September 30, 1995.
Under the authority of the Migratory Bird Treaty Act of July 3,
1918, as amended (40 Stat. 755; 16 U.S.C. 703 et seq.), the Service
prescribes final hunting regulations for certain tribes on Federal
Indian reservations (including off-reservation trust lands), and ceded
lands. The regulations specify the species to be hunted and establish
season dates, bag and possession limits, season length, and shooting
hours for migratory game birds other than waterfowl.
Therefore, for the reasons set out above, the Service finds that
``good
[[Page 50708]]
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 30, 1995.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, Part 20, Subchapter B, Chapter I of Title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--[AMENDED]
1. The authority citation for Part 20 continues to read as follows:
Authority: 16 U.S.C. 703 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) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and
Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 15, end November 12, 1995; then open
December 9, 1995, close January 7, 1996.
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 15, end November 12, 1995; then open
December 9, 1995, close January 7, 1996.
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.
Geese
Season Dates: Begin October 21, 1995, end January 22, 1996.
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 for all persons 12 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) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin September 30, end December 31, 1995.
Daily Bag and Possession Limits: The daily bag limit is 6,
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: Begin September 30, end December 31, 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 September 30, 1995, end January 7, 1996.
Daily Bag and Possession Limits: The daily bag limit is 4. The
possession limit is twice the daily bag limit.
White
Season Dates: Begin September 30, 1995, end January 7, 1996.
Daily Bag and Possession Limits: The daily bag limit is 3, and the
possession limit is 6.
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.
(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Nontribal Hunters)
Ducks and mergansers
Season Dates: Begin October 28, end December 23, 1995.
Daily Bag and Possession Limits: The daily bag limit for ducks is
5, which may include no more than 1 female mallard, 1 mottled duck, 1
canvasback, 1 redhead, 1 pintail, and 2 wood ducks. The daily bag limit
for mergansers is 5, which may include 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 7, 1995, end January 7, 1996.
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 7, 1994, end January 7, 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.
(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
Ducks
Michigan, 1836 Treaty Zone:
Season Dates: Begin October 1, end November 30, 1995.
Daily Bag Limit: The daily bag limit is 5, including no more than 4
mallards (only 1 of which may be a female), 1 black duck, 1 pintail, 2
wood ducks, and 1 canvasback.
Other Geese (Brant, Blue, Snow, and White-fronted)
Michigan, 1836 Treaty Zone:
Season Dates: Begin October 1, end November 30, 1995.
Daily Bag Limit: The daily bag limit is 5.
General Conditions: A valid Grand Traverse Band Tribal license is
required and must be in possession before taking any wildlife. Persons
twelve years and older are required to have a valid permit. 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.
[[Page 50709]]
(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
Ducks
Michigan, 1842 Treaty Zone:
Season Dates: Begin September 30, end November 18, 1995.
Daily Bag Limit: The daily bag limit is 5, 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 1 redhead.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 30 and end November 18,
1995; Middle Zone, begin October 7 and end November 25, 1995; South
Zone, begin October 14 and end December 2, 1995.
Daily Bag Limit: The daily bag limit is 5, 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 1 redhead.
Mergansers
Michigan, 1842 Treaty Zone:
Season Dates: Begin September 30, end November 18, 1995.
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 September 30 and end November 18,
1995; Middle Zone, begin October 7 and end November 25, 1995; South
Zone, begin October 14 and end December 2, 1995.
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 23, end November 1, 1995.
Daily Bag Limit: The daily bag limit is 5.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 23 and end November 1,
1995; Middle Zone, begin October 7 and end November 15, 1995; South
Zone, begin October 14 and end December 2, 1995.
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 23, end November 18, 1995.
Daily Bag Limit: The daily bag limit is 7, 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 23 and end November 18,
1995; Middle Zone, begin October 7 and end November 25, 1995; South
Zone, begin October 14 and end December 2, 1995.
Daily Bag Limit: The daily bag limit is 7, minus the number of
Canada geese taken and including no more than 2 white-fronted geese.
Coots and Common Moorhens (Gallinule)
Michigan, 1842 Treaty Zone:
Season Dates: Begin September 30, end November 18, 1995.
Daily Bag Limit: The daily bag limit is 20, singly or in the
aggregate.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 30 and end November 18,
1995; Middle Zone, begin October 7 and end November 25, 1995; South
Zone, begin October 14 and end December 2, 1995.
Daily Bag Limit: The daily bag limit is 20, singly or in the
aggregate.
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.
(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 14, end November 30, 1995.
Daily Bag and Possession Limits: The daily bag limit is 6,
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 1995-96 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.
(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Nontribal
Hunters)
Ducks
Season Dates: Begin October 1, 1995, end January 31, 1996. 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 66 days. Nontribal hunters should contact the tribe for
more detail on hunting days.
Daily Bag and Possession Limits: The daily bag limit is 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: Begin October 1, 1995, end January 31, 1996. During
this period, days to be hunted are specified
[[Page 50710]]
by the Kalispel Tribe as weekends, holidays and for a continuous period
during the month of December for a total of 66 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 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.
(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members)
Ducks
Season Dates: Begin October 1, 1995, end January 28, 1996.
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, 1995, end January 28, 1996.
Daily Bag and Possession Limits: The daily bag and possession
limits are 25.
Geese
Season Dates: Begin October 1, 1995, end January 28, 1996.
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.
(i) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 7, end December 28, 1995.
Daily Bag and Possession Limits: The daily bag limit is 5,
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, 1995.
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 7, end December 31, 1995.
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.
(j) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and
Nontribal Hunters)
Ducks
Season Dates: Begin September 30, end December 31, 1995.
Daily Bag and Possession Limits: The bag limit is 6, including no
more than 1 female mallard, 1 pintail, 1 canvasback and 2 redheads. The
possession limit is twice the daily bag limit for each sex and/or
species.
Dark Geese
Season Dates: Begin September 30, 1995, end January 7, 1996.
Daily Bag and Possession Limits: The daily bag limit is 2 and the
possession limit is 4.
Coots and Common Moorhens
Season Dates: Begin September 30, end December 31, 1995.
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.
(k) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters)
Ducks (including Mergansers)
Season Dates: Begin October 7, 1995, end January 7, 1996.
Daily Bag and Possession Limits: The daily bag limit for ducks is
6, including no more than 1 female mallard, 2 pintails, 1 canvasback
and 2 redheads. The daily bag limit for mergansers is 5. The possession
limit is twice the daily bag limit.
Coots
Season Dates: Begin October 7, 1995, end January 7, 1996.
Daily Bag and Possession Limits: The daily bag limit is 10, and the
possession limit is 20.
Geese
Season Dates: Begin October 7, 1995, end January 14, 1996.
Daily Bag and Possession Limits: The bag limit is 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: Begin October 7, 1995, end January 7, 1996.
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.
(l) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Nontribal Hunters)
Ducks
Season Dates: Begin October 20, 1995, end January 21, 1996.
Daily Bag and Possession Limits: The daily bag limit is 6, which
may include 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: Begin October 20, 1995, end January 21, 1996.
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 13, 1995, end January 21, 1996.
Daily Bag and Possession Limits: The daily bag limit is 4,
including 4 dark geese but no more than 3 light geese.
[[Page 50711]]
The possession limit is twice the daily bag limit.
Brant
Season Dates: Begin January 6, 1996, end January 21, 1996.
Daily Bag and Possession Limits: The daily bag limit is 2, and the
possession limit is 4.
Snipe
Season Dates: Begin October 20, 1995, end January 21, 1996.
Daily Bag and Possession Limits: The daily bag limit is 8, and the
possession limit is 16.
General Conditions: All waterfowl hunters, members and non-members,
must obtain and possess while hunting a valid hunting permit from the
Tulalip tribes. Also, non-tribal members sixteen years of age and
older, hunting pursuant to Tulalip Tribes' Ordinance No. 67, must
possess a validated Federal Migratory Bird Hunting and Conservation
Stamp and a validated State of Washington Migratory Waterfowl Stamp.
All Tulalip tribal members must have in their possession while hunting,
or accompanying another, their valid tribal identification card. All
hunters are required to adhere to a number of other special regulations
enforced by the tribes and available at the tribal office.
(m) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
Ducks (Including Mergansers)
Season Dates: Begin November 11, 1995, end January 7, 1996.
Daily Bag and Possession Limits: The daily bag limit is 3,
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: Begin November 11, 1995, end January 7, 1996.
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.
Canada Geese
Season Dates: Begin November 11, 1995, end January 7, 1996.
Bag and Possession Limits: The daily bag limit is 2, and the
possession limit is 4.
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 will be closed to waterfowl hunting
during the 1995-96 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.
(n) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)
Ducks (including Mergansers)
Season Dates: Begin November 4, end December 13, 1995.
Daily Bag and Possession Limits: The daily bag limit is 5 ducks,
which may include no more than 1 female mallard, 1 redhead, 1 pintail,
and 2 wood ducks. The merganser daily bag limit is 5, of which no more
than 1 may be a hooded merganser. The possession limit is twice the
daily bag limit.
Coots
Season Dates: Begin November 4, end December 13, 1995.
Daily Bag and Possession Limits: The daily bag limit is 15, and the
possession limit is 30.
Dark Geese
Season Dates: Begin October 14, 1995, end January 7, 1996.
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
Season Dates: Begin October 14, 1995, end January 7, 1996.
Daily Bag and Possession Limits: The daily bag limit is 10, and the
possession limit is 20.
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.
Dated: September 25, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-24239 Filed 9-28-95; 8:45 am]
BILLING CODE 4310-55-F
