[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)] [Rules and Regulations] [Pages 50986-50992] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-25743] [[Page 50985]] _______________________________________________________________________ Part II Department of the Interior _______________________________________________________________________ Fish and Wildlife Service _______________________________________________________________________ 50 CFR Part 20 Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1997-1998 Late Season; Final Rule Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations [[Page 50986]] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 20 RIN 1018-AE14 Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1997-98 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 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. DATE: This rule takes effect on October 1, 1997. 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 Department of the Interior, having due regard for the zones of temperature and for the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory game birds, to determine when, to what extent, and by what means such birds or any part, nest or egg thereof may be taken, hunted, captured, killed, possessed, sold, purchased, shipped, carried, exported or transported. In the August 11, 1997, Federal Register (62 FR 43042), the Service proposed special migratory bird hunting regulations for the 1997-98 hunting season for certain Indian tribes, under the guidelines described in the June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to tribal requests for Service recognition of their reserved hunting rights, and for some tribes, recognition of their authority to regulate hunting by both tribal members and nonmembers on their reservations. The guidelines include possibilities for: (1) on-reservation hunting by both tribal members and nonmembers, with hunting by nontribal members on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s); (2) on-reservation hunting by tribal members only, outside of usual Federal frameworks for season dates and length, and for daily bag and possession limits; and (3) off-reservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in daily bag and possession limits. In all cases, the regulations established under the guidelines must be consistent with the March 10 - September 1 closed season mandated by the 1916 Migratory Bird Treaty with Canada. In the March 13, 1997, Federal Register (62 FR 2054), the Service requested that tribes desiring special hunting regulations in the 1997- 98 hunting season submit a proposal including details on: (1) requested season dates and other regulations to be observed; (2) harvest anticipated under the requested regulations; (3) methods that will be employed to measure or monitor harvest; (4) steps that will be taken to limit level of harvest, where it could be shown that failure to limit such harvest would impact seriously on the migratory bird resource; and (5) tribal capabilities to establish and enforce migratory bird hunting regulations. No action is required if a tribe wishes to observe the hunting regulations established by the State(s) in which an Indian reservation is located. The Service has successfully used the guidelines since the 1985-86 hunting season. The Service finalized the guidelines beginning with the 1988-89 hunting season (August 18, 1988, Federal Register [53 FR 31612]). Although the proposed rule included generalized regulations for both early- and late-season hunting, this rulemaking addresses only the late-season proposals. Early-season hunting was addressed in the rulemaking published in the Federal Register on September 2, 1997 (62 FR 46420). 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. This year, the Service's annual breeding duck survey estimated total ducks in the traditional survey area was 42.6 million, an increase of 13 percent from that in 1996 and 31 percent higher than the long-term average. The total duck fall flight forecast is approximately 92 million birds, compared to 90 million last year. This estimate is the highest recorded since calculations were initiated in 1970. As a result, the Service has responded by proposing Flyway frameworks that are slightly expanded from those of last season for the 1997-98 waterfowl hunting season (August 25, 1997, Federal Register, 62 FR 45078). The tribal seasons established below generally reflect the Flyway frameworks. Tribal Proposals For the 1997-98 migratory bird hunting season, the Service proposed regulations for 20 tribes and/or Indian groups that followed the 1985 guidelines and were considered appropriate for final rulemaking. Some of the proposals submitted by the tribes had both early- and late- season elements. However, as noted earlier, only those with late-season proposals are included in this final rulemaking; 15 tribes made proposals with late seasons. Twelve 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 11, 1997, closed on August 21, 1997. Public Comments On Tribal Proposals The Service received a letter from the Washington Department of Fish and Wildlife (WDFW), dated August 18, 1997, concerning the potential impacts of proposed tribal member seasons on brant populations. The WDFW was concerned that several tribes had proposed long brant seasons that could potentially impact populations. The WDFW encouraged a more conservative approach for all tribal brant hunting seasons in Puget Sound by limiting seasons to the existing Federal framework of 16 days. In general, Flyway frameworks are liberally interpreted when application is made to tribal member regulations. This results from the special status of Native Americans and specific treaty rights. Seasons for non-tribal members are established within the general Flyway framework of 16 days with a daily bag [[Page 50987]] limit of 2 brant. While the Service shares the concern of the WDFW for Pacific brant populations, we believe that current populations of brant can support the tribes' limited harvest. Further, we note that most of the tribes have very limited hunting opportunity for brant. However, the Service will continue to monitor brant populations and encourages the tribes to closely monitor their harvest. 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. Executive Order (E.O.) 12866 Collectively, the rules covering the overall frameworks for migratory bird hunting are economically significant and are reviewed by the Office of Management and Budget (OMB) under E.O. 12866. This rule is a small portion of the overall migratory bird hunting frameworks and was not individually submitted and reviewed by the Office of Management and Budget (OMB) under E.O. 12866. Congressional Review In accordance with Section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been submitted to Congress and has been declared major. Because this rule establishes hunting seasons, this rule qualifies for an exemption under 5 U.S.C. 808(1); therefore, the Department determines that this rule shall take effect immediately. Regulatory Flexibility Act Overall, migratory bird hunting regulations have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq). In the March 13, 1997, Federal Register, the Service reported measures it took to comply with requirements of the Act. One measure was to prepare a Small Entity Flexibility Analysis (Analysis) in 1996 documenting the significant beneficial economic effect on a substantial number of small entities. The Analysis estimated that migratory bird hunters would spend between $254 and $592 million at small businesses in 1996. Copies of the Analysis are available upon request from the Office of Migratory Bird Management. Paperwork Reduction Act The Department examined these regulations under the Paperwork Reduction Act of 1995 and found no information collection requirements. Regulations Promulgation The rulemaking process for migratory game bird hunting must, by its nature, operate under severe time constraints. However, the Service intends that the public be given the greatest possible opportunity to comment on the regulations. Thus, when the preliminary proposed rulemaking was published, the Service established what it believed were the longest periods possible for public comment. In doing this, the Service recognized that when the comment period closed, time would be of the essence. That is, if there were a delay in the effective date of these regulations after this final rulemaking, the tribes would have insufficient time to communicate these seasons to their member and non- tribal hunters and to establish and publicize the necessary regulations and procedures to implement their decisions. Therefore, the Service, under the authority of the Migratory Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703 et seq.), prescribes final hunting regulations for certain tribes on Federal Indian reservations (including off reservation trust lands), and ceded lands. The regulations specify the species to be hunted and establish season dates, bag and possession limits, season length, and shooting hours for migratory game birds. The Service therefore finds that ``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these frameworks will, therefore, take effect immediately upon publication. Unfunded Mandates 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. 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), (e), (f), (h), (k) and (l); and by adding paragraphs (m), (n), (o), (p), (q), (r), (s), and (t) to read as follows: [[Page 50988]] 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, 1997; then open November 16, close January 15, 1998. Daily Bag and Possession Limits: For the early season, daily bag limit is 10 mourning or 10 white-winged doves, singly, or in the aggregate. For the late season, the daily bag limit is 10 mourning doves. Possession limits are twice the daily bag limits. Ducks (including mergansers) Season Dates: Begin October 4, 1997, close January 5, 1998. Daily Bag and Possession Limits: 7 ducks, including no more than 2 pintails, 2 redheads, 2 Mexican ducks, 2 hen mallards, 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 18, 1997, end January 18, 1998. 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 20, 1997, close January 20, 1998. Daily Bag Limit: 10 ducks, which may include no more than 1 pintail, 1 canvasback, 1 black duck, 1 hooded merganser, 2 wood ducks, 2 redheads, and 5 mallards (only 2 hen mallards). Canada Geese Michigan, 1836 Treaty Zone: Season Dates: Open September 1, close November 30, 1997, and open January 1, 1998, close February 8, 1998. Daily Bag Limit: 5 geese. Other Geese (Brant, Blue, Snow, and White-fronted) Michigan, 1836 Treaty Zone: Season Dates: Begin October 1, end November 30, 1997. Daily Bag Limit: 5 geese. Sora Rails Michigan 1836 Treaty Zone: Season Dates: Open September 1, close November 14, 1997. Daily Bag Limit: 5 rails. Common Snipe Michigan 1836 Treaty Zone: Season Dates: Open September 1, close November 14, 1997. Daily Bag Limit: 5 snipe. Woodcock Michigan 1836 Treaty Zone: Season Dates: Open September 1, close November 14, 1997. Daily Bag Limit: 5 woodcock. 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. * * * * * (e) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Non-tribal Hunters). Tribal Members Only Ducks Season Dates: Open September 15, 1997, close January 31, 1998. Daily Bag and Possession Limits: 7 ducks, including no more than 3 pintails, 2 hen mallards, and 1 canvasback. Geese Season Dates: Open September 15, 1997, close January 31, 1998. Daily Bag and Possession Limits: 4 geese, including 4 dark geese but not more than 3 light geese. The possession limit is twice the daily bag limit. General: Tribal members must possess a validated Migratory Bird Hunting and Conservation Stamp and a tribal ceded lands permit. Non-tribal Hunters Ducks Season Dates: Open October 4, 1997, close January 18, 1998. 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. Nontribal hunters should contact the tribe for more detail on hunting days. Daily Bag and Possession Limits: 7 ducks, including no more than 3 pintails, 2 hen mallards, and 1 canvasback. Geese Season Dates: Begin October 4, 1997, close January 11, 1998. Daily Bag and Possession Limits: 4 geese, including 4 dark geese but not more than 3 light geese. The possession limit is twice the daily bag limit. General: 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. (f) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and Nontribal Hunters) Band-tailed Pigeons Season Dates: Open September 1, close September 30, 1997. Daily Bag and Possession Limits: 5 and 10 pigeons, respectively. Mourning Doves Season Dates: Open September 1, close September 30, 1997. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Ducks (including mergansers) Season Dates: Begin October 4, 1997, close January 18, 1998. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 3 pintails, 1 canvasback and 2 redheads. The possession limit is twice the daily bag limit. Dark Geese Season Dates: Begin October 4, 1997, end January 11, 1998. 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. [[Page 50989]] 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. * * * * * (h) Point No Point Treaty Tribes, Kingston, Washington (Tribal Members and Non-tribal Hunters) Tribal Members Only Ducks Season Dates: Open September 15, 1997, close January 15, 1998. Daily Bag and Possession Limits: 7 ducks, including no more than 1 female mallard, 2 pintails, 1 canvasback and 2 redheads. The season on wood ducks and harlequin ducks is closed. Possession limit is twice the daily bag limit. Geese Season Dates: Open September 15, 1997, close January 15, 1998. Daily Bag and Possession Limits: 4 geese, and may include no more than 3 light geese. The season on Aleutian and Cackling Canada geese is closed. Possession limit is twice the daily bag limit. Brant Season Dates: Open September 15, close January 15, 1997. Daily Bag and Possession Limits: 2 and 4 brant, respectively. Coots Season Dates: Open September 15, 1997, close January 15, 1998. Daily Bag Limits: 25 coots. Non-tribal Members Mourning Doves Season Dates: Open September 1, close September 30, 1997. Daily Bag and Possession Limits: 10 and 20 doves, respectively. Snipe Season Dates: Open September 1, close December 16, 1997. Daily Bag and Possession Limits: 8 and 16 snipe, respectively. Ducks (including Mergansers) Season Dates: Begin October 4, 1997, end January 18, 1998. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 3 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 October 4, 1997, end January 11, 1998. 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 3, end January 18, 1998. Daily Bag and Possession Limits: 2 and 4 brant, respectively. * * * * * (k) Tulalip Tribes of Washington, Tulalip Indian Reservation, Marysville, Washington (Tribal Members and Non-tribal Hunters) Tribal Members Ducks/Coot Season Dates: Open September 15, 1997, and close February 1, 1998. Daily Bag and Possession Limits: 6 and 12 ducks, respectively; except that bag and possession limits are restricted for blue-winged teal, canvasback, harlequin, pintail, and wood duck to those established for the Pacific Flyway by final Federal frameworks, to be announced. Geese Season Dates: Open September 15, 1997, and close February 1, 1998. Daily Bag and Possession Limits: 6 and 12 geese, respectively; except that the bag limits for brant and cackling and dusky Canada geese are those established for the Pacific Flyway in accordance with final Federal frameworks, to be announced. The tribes also set a maximum annual bag limit on ducks and geese for those tribal members who engage in subsistence hunting. Snipe Season Dates: Open September 15, 1997, and close February 1, 1998. Daily Bag and Possession Limits: 6 and 12 snipe, respectively. Non-tribal Hunters Ducks Season Dates: Begin October 4, 1997, end January 18, 1998. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 3 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 11, 1997, end January 18, 1998. 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 3, end January 18, 1998. 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. (l) White Mountain Apache Tribe, Fort Apache Indian Reservation, Whiteriver, Arizona (Tribal Members and Nontribal Hunters) Band-tailed Pigeons Season Dates: Open September 1, close September 10, 1997. Daily Bag and Possession Limits: 3 and 6 pigeons, respectively. Mourning Doves Season Dates: Open September 1, close September 10, 1996. Daily Bag and Possession Limits: 8 and 16 doves, respectively. General Conditions: All non-tribal hunters hunting band-tailed pigeons and mourning doves on Reservation lands must possess a valid White [[Page 50990]] 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 October 25, 1997, end January 18, 1998. 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: 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. 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 1997-98 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. (m) Confederated Salish and Kootenai Tribes, Flathead Indian Reservation, Pablo, Montana (Nontribal Hunters) Ducks (including mergansers) Season Dates: Begin October 4, 1997, end January 18, 1998. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 3 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 Geese Season Dates: Begin October 4, 1997, end January 11, 1998. Daily Bag and Possession Limits: 4 and 8 geese, respectively. Light Geese Season Dates: Begin October 4, 1997, end January 11, 1998. 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. Special regulations established by the Confederated Salish and Kootenai Tribes also apply on the reservation. (n) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort Thompson, South Dakota (Tribal Members and Nontribal Hunters) Ducks Season Dates: Begin October 4, 1997, end January 8, 1998. 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, 3 pintails, 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 4, 1997, end January 4, 1998. 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, 1997, close January 5, 1998, then open February 25, close March 10, 1998. Daily Bag and Possession Limits: 10 and 40 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. (o) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New Mexico (Tribal Members and Nontribal Hunters) Ducks (including mergansers) Season Dates: Begin October 4, end November 30, 1997. Daily Bag and Possession Limits: The daily bag limit is 7, including no more than 2 female mallards, 3 pintails, 2 redheads, and 1 canvasback. The possession limit is twice the daily bag limit. Geese Season Dates: Begin October 4, 1997, end January 11, 1998. 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. The 1997-98 Canada 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 [[Page 50991]] face. Special regulations established by the Jicarilla Tribe also apply on the reservation. (p) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only) Ducks Season Dates: Begin October 1, 1997, end January 31, 1998. 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 4, 1997, end January 8, 1997. Daily Bag and Possession Limits: 6 ducks, including no more than 5 mallards (only 1 of which may be a hen), 2 pintails, 1 mottled duck, 2 redheads, 1 canvasback, 2 wood ducks, and 1 hooded merganser. The possession limit is twice the daily bag limit. Geese Dark Geese Season Dates: Begin October 18, 1997, end January 11, 1997. Daily Bag and Possession Limits: 3 geese, including no more than 1 white-fronted goose. The possession limit is twice the daily bag limit. White Geese Season Dates: Begin October 18, 1997, end January 11, 1998, open February 18, end March 10, 1998. 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 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 4, 1997, end January 17, 1998. Daily Bag and Possession Limits: 7 ducks, including no more than 2 female mallards, 3 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 4, 1997, end January 11, 1998. 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 October 4, 1997, end February 18, 1998. Daily Bag and Possession Limits: 10 ducks, including no more than 2 female mallards, 3 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 18, end December 30, 1997. Daily Bag and Possession Limits: 6 ducks, including no more than 5 mallards (no more 2 female mallards), 2 redheads, 3 pintails, 1 hooded merganser, 1 canvasback, 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 1, 1997, end January 31, 1998. 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: Begin November 1, 1997, end January 25, 1998, then open February 18, close March 10, 1998. Daily Bag and Possession Limits: 10 and 40 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 [[Page 50992]] Yankton Sioux Tribe also apply on the reservation. Dated: September 22, 1997. Donald J. Barry, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 97-25743 Filed 9-26-97; 8:45 am] BILLING CODE 4310-55-F