[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Rules and Regulations]
[Pages 52348-52353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25989]
[[Page 52347]]
_______________________________________________________________________
Part III
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 1998-99 Late
Season; Final Rule
Federal Register / Vol. 63, No. 189 / Wednesday, September 30, 1998 /
Rules and Regulations
[[Page 52348]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AE93
Migratory Bird Hunting: Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 1998-99
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.
DATES: This rule takes effect on October 1, 1998.
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 14, 1998, Federal Register (63 FR 43854), the Service
proposed special migratory bird hunting regulations for the 1998-99
hunting season for certain Indian tribes, under the guidelines
described in the June 4, 1985, Federal Register (50 FR 23467). The
guidelines respond to tribal requests for Service recognition of their
reserved hunting rights, and for some tribes, recognition of their
authority to regulate hunting by both tribal members and nonmembers on
their reservations. The guidelines include possibilities for:
(1) on-reservation hunting by both tribal members and nonmembers,
with hunting by non-tribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) on-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10--September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
In the March 20, 1998, Federal Register (63 FR 13748), the Service
requested that tribes desiring special hunting regulations in the 1998-
99 hunting season submit a proposal including details on:
(a) harvest anticipated under the requested regulations;
(b) methods that will be employed to measure or monitor harvest
(such as bag checks, mail questionnaires, etc.);
(c) steps that will be taken to limit level of harvest, where it
could be shown that failure to limit such harvest would adversely
impact the migratory bird resource; and
(d) tribal capabilities to establish and enforce migratory bird
hunting regulations.
No action is required if a tribe wishes to observe the hunting
regulations established by the State(s) in which an Indian reservation
is located. 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 1, 1998 (63
FR 46558). As a general rule, early seasons begin during September each
year and have a primary emphasis on such species as mourning dove. Late
seasons begin about October 1 or later each year and have a primary
emphasis on waterfowl.
Tribal Proposals and Public Comments and Issues Concerning Tribal
Proposals
For the 1998-99 migratory bird hunting season, the Service proposed
regulations for 19 tribes and/or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. Some
of the proposals submitted by the tribes had both early-and late-season
elements. However, as noted earlier, only those with late-season
proposals are included in this final rulemaking; 14 tribes 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 14, 1998, closed on August 24, 1998.
The Service received three comments regarding the notice of intent
published on March 20, 1998, which announced rulemaking on regulations
for migratory bird hunting by American Indian tribal members and the
August 14, 1998 proposed rule. Comments from the South Dakota
Department of Game, Fish, and Parks on the Lower Brule Sioux Tribes'
proposal and the Wisconsin Department of Natural Resources on the Great
Lakes Indian Fish and Wildlife Commission's proposal were addressed in
the September 1, 1998 final rule for early seasons.
The Arizona Game and Fish Department (Arizona) commented on the
proposal from the Colorado River Indian Tribes. Arizona pointed out
that Federal frameworks for Arizona and California call for a dark
goose daily bag and possession limit of 2 and 4, respectively, a white
goose daily bag and possession limit of 3 and 6, respectively and a
coot daily bag and possession limit of 25 birds.
Service Response: After consultation with the Colorado River Indian
Tribes, the Service has corrected the daily bag and possession limits
in this final rule to agree with Federal frameworks for the Pacific
Flyway. The Tribes' proposal was inadvertent and not an intentional
change from Pacific Flyway frameworks.
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
[[Page 52349]]
Issuance of Annual Regulations Permitting the Sport Hunting of
Migratory Birds (FES-75-74)'' was filed with the Council on
Environmental Quality on June 6, 1975, and notice of availability was
published in the Federal Register on June 13, 1975, (40 FR 25241). A
supplement to the final environmental statement, the ``Final
Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-
14)'' was filed on June 9, 1988, and notice of availability was
published in the Federal Register on June 16, 1988 (53 FR 22582), and
June 17, 1988 (53 FR 22727). Copies of these documents are available
from the Service at the address indicated under the caption ADDRESSES.
In addition, an August 1985 Environmental Assessment titled
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian
Reservations and Ceded Lands'' is available from the 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, consultations were
conducted to ensure that actions resulting from these regulations would
not likely jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification
of their critical habitat. Findings from these consultations are
included in a biological opinion and may have caused modification of
some regulatory measures previously proposed. The final frameworks
reflect any modifications. 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
In the March 20, 1998, Federal Register, the Service reported
measures it took to comply with requirements of the Regulatory
Flexibility Act. One measure was to update the 1996 Small Entity
Flexibility Analysis (Analysis) documenting the significant beneficial
economic effect on a substantial number of small entities. The 1996
Analysis estimated that migratory bird hunters would spend between $254
and $592 million at small businesses. The Service has updated the 1996
Analysis with information from the 1996 National Hunting and Fishing
Survey. Nationwide, the Service now estimates that migratory bird
hunters will spend between $429 and $1,084 million at small businesses
in 1998. Copies of the 1998 Analysis are available upon request from
the Office of Migratory Bird Management.
Executive Order (E.O.) 12866
Collectively, the rules covering the overall frameworks for
migratory bird hunting are economically significant and have been
reviewed by the Office of Management and Budget (OMB) under E.O. 12866.
This rule is a small portion of the overall migratory bird hunting
frameworks and was not individually submitted and reviewed by OMB under
E.O. 12866.
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, it qualifies for an exemption under 5
U.S.C. 808(1); therefore, the Department determines that this rule
shall take effect immediately.
Paperwork Reduction Act
The Service examined these regulations under the Paperwork
Reduction Act of 1995. The various recordkeeping and reporting
requirements imposed under hunting regulations established in 50 CFR
part 20, subpart K, are utilized in the formulation of migratory game
bird hunting regulations. Specifically, the information collection
requirements of the Migratory Bird Harvest Information Program have
been approved by OMB and assigned clearance number 1018-0015 (expires
09/30/2001). This information is used to provide a sampling frame for
voluntary national surveys to improve Service harvest estimates for all
migratory game birds in order to better manage these populations. The
information collection requirements of the Sandhill Crane Harvest
Questionnaire have been approved by OMB and assigned clearance number
1018-0023 (expires 09/30/2000). The information from this survey is
used to estimate the magnitude, the geographical and temporal
distribution of harvest, and the portion its constitutes of the total
population. The Service may not conduct or sponsor, and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
Unfunded Mandates Reform Act
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 rule, has determined that
these regulations meet the applicable standards provided in Sections
3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, these rules, authorized
by the Migratory Bird Treaty Act, do not have significant takings
implications and do not affect any constitutionally protected property
rights. These rules will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, these rules allow hunters to exercise
privileges that would be otherwise unavailable; and, therefore, reduce
restrictions on the use of private and public property.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal government has been given responsibility over these species by
the Migratory Bird Treaty Act. The Service annually prescribes
frameworks from which the States make selections and employ guidelines
to establish special regulations on Federal Indian reservations and
ceded lands. This process preserves the ability of the States and
Tribes to determine which seasons meet their individual needs. Any
State or Tribe may be more restrictive than the Federal frameworks at
any time. The frameworks are developed in a cooperative process with
the States and the Flyway Councils. This allows States to participate
in the development of frameworks from which they will make selections,
thereby having an influence on their own regulation. These rules do not
have a substantial direct effect on fiscal capacity, change the roles
or responsibilities of Federal or State governments, or intrude on
State policy
[[Page 52350]]
or administration. Therefore, in accordance with Executive Order 12612,
these regulations do not have significant federalism effects and do not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Government-to-Government Relationship With Tribes
Due to the migratory nature of certain species of birds, the
Federal government has been given responsibility over these species by
the Migratory Bird Treaty Act. Thus, in accordance with the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have determined that there are no effects on Indian trust
resources. However, by virtue of the tribal proposals received in
response to the March 20 request for proposals and the August 14
proposed rule, we have consulted with all the tribes affected by this
rule.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, 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 regulations will, therefore, take effect immediately upon
publication.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, the Service amends part 20, subchapter B, chapter I of
Title 50 of the Code of Federal Regulations as follows:
PART 20--[AMENDED]
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.
(Editorial Note: The following annual hunting regulations
provided for by Sec. 20.110 of 50 CFR part 20 will not appear in the
Code of Federal Regulations because of their seasonal nature.)
2. Amend Sec. 20.110 by revising paragraphs (a), (b), (d), (f),
(g), (k) and (l); and by adding paragraphs (m), (n), (o), (p), (q),
(r), and (s) to read as follows:
Sec. 20.110 Seasons, limits and other regulations for certain Federal
Indian reservations, Indian Territory, and ceded lands.
(a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members
and Non-tribal Hunters)
Doves
Season Dates: Open September 1, close September 15, 1998; then open
November 21, close January 4, 1999.
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 3, 1998, close January 17, 1999.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
pintail, 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.
Geese
Season Dates: Begin November 21, 1998, end January 17, 1999.
Daily Bag and Possession Limits: 4 geese, including no more than 2
dark (Canada) geese and 3 white (snow, blue, Ross's) geese. The
possession limit is 8.
General Conditions: A valid Colorado River Indian Reservation
hunting permit is required for all persons 14 years and older and must
be in possession before taking any wildlife on tribal lands. Any person
transporting game birds off the Colorado River Indian Reservation must
have a valid transport declaration form. Other tribal regulations
apply, and may be obtained at the Fish and Game Office in Parker,
Arizona.
(b) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Non-tribal Hunters)
Ducks
Season Dates: Begin October 17, end December 29, 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, 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.
Canada Geese
Season Dates: Begin October 10, 1998, end January 10, 1999.
Daily Bag and Possession Limits: 3 and 6, respectively.
White-fronted Geese
Season Dates: Begin October 10, 1998, end January 3, 1999.
Daily Bag and Possession Limits: 1 and 2, respectively.
Light Geese
Season Dates: Begin October 10, 1998, close January 2, 1999, then
open February 17, close March 10, 1999.
Daily Bag and Possession Limits: 20 geese daily, no possession
limit.
General Conditions: The waterfowl hunting regulations established
by this final rule apply only to tribal and trust lands within the
external boundaries of the reservation. Tribal and non-tribal hunters
must comply with basic Federal migratory bird hunting regulations in 50
CFR part 20 regarding shooting hours and manner of taking. In addition,
each waterfowl hunter 16 years of age or over must carry on his/her
person a valid Migratory Bird Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the stamp face. Special regulations
established by the
[[Page 52351]]
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: Open September 20, 1998, close January 20, 1999.
Daily Bag Limit: 10 ducks, which may include no more than 1
pintail, 1 canvasback, 2 black ducks, 1 hooded merganser, 2 wood ducks,
2 redheads, and 5 mallards (only 2 of which may be hens).
Canada Geese
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close November 30, 1998, and open
January 1, 1999, close February 8, 1999.
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, 1998.
Daily Bag Limit: 5 geese.
Sora Rails
Michigan 1836 Treaty Zone:
Season Dates: Open September 1, close November 14, 1998.
Daily Bag Limit: 5 rails.
Common Snipe
Michigan 1836 Treaty Zone:
Season Dates: Open September 1, close November 14, 1998.
Daily Bag Limit: 5 snipe.
Woodcock
Michigan 1836 Treaty Zone:
Season Dates: Open September 1, close November 14, 1998.
Daily Bag Limit: 5 woodcock.
General Conditions: A valid Grand Traverse Band Tribal license is
required for all persons 12 years and older and must be in possession
before taking any wildlife. All other basic regulations contained in 50
CFR part 20 are valid. Other tribal regulations apply, and may be
obtained at the tribal office in Suttons Bay, Michigan.
* * * * *
(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Non-tribal Hunters)
Tribal Members Only
Ducks
Season Dates: Open September 15, 1998, close January 31, 1999.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
pintail, 2 hen mallards, and 1 canvasback.
Geese
Season Dates: Open September 1, 1998, close January 31, 1999.
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 3, 1998, close January 17, 1999. 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. Non-tribal hunters should contact the tribe for more detail
on hunting days.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
pintail, 2 hen mallards, 2 redheads, and 1 canvasback.
Geese
Season Dates: Begin October 3, 1998, close January 10, 1999.
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.
(g) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members
and Non-tribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 1, close September 30, 1998.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 30, 1998.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers)
Season Dates: Begin October 3, 1998, close January 17, 1999.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Dark Geese
Season Dates: Begin October 3, 1998, end January 10, 1999.
Daily Bag and Possession Limits: 2 and 4 geese, respectively.
Coots and Common Moorhens
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots and moorhens, singly or
in the aggregate.
General Conditions: Tribal and non-tribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face. Special regulations established by the Navajo
Nation also apply on the reservation.
* * * * *
(k) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Non-tribal Hunters)
Tribal Members
Ducks/Coot
Season Dates: Open September 15, 1998, and close February 1, 1999.
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, 1998, and close February 1, 1999.
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.
Non-tribal Hunters
Ducks
Season Dates: Begin October 3, 1998, end January 17, 1999.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
[[Page 52352]]
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots.
Geese
Season Dates: Begin October 10, 1998, end January 17, 1999.
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 2, end January 17, 1999.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 16 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 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.
(l) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 1, close September 10, 1998.
Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 10, 1998.
Daily Bag and Possession Limits: 8 and 16 doves, respectively.
Ducks (Including Mergansers)
Season Dates: Begin October 24, 1998, end January 17, 1999.
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: All non-tribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands shall have in their
possession a valid White Mountain Apache Daily or Yearly Small Game
Permit. In addition to a small game permit, all non-tribal hunters
hunting band-tailed pigeons must have in their possession a White
Mountain Special Band-tailed Pigeon Permit. Other special regulations
established by the White Mountain Apache Tribe apply on the
reservation. Tribal and non-tribal hunters will comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition:
(1) The area open to waterfowl hunting in the above seasons
consists of: the 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 1998-99 hunting season.
(2) Tribal and non-tribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking.
(3) See other special regulations established by the White Mountain
Apache Tribe that apply on the reservation, available from the
reservation Game and Fish Department.
(m) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Non-tribal Hunters)
Ducks (Including Mergansers)
Season Dates: Begin October 3, 1998, end January 17, 1999.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 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 3, 1998, end January 10, 1999.
Daily Bag and Possession Limits: 4 and 8 geese, respectively.
Light Geese
Season Dates: Begin October 3, 1998, end January 10, 1999.
Daily Bag and Possession Limits: 3 and 6 geese, respectively.
General Conditions: Non-tribal hunters must comply with all basic
Federal migratory bird hunting regulations contained in 50 CFR part 20
regarding manner of taking. In addition, shooting hours are sunrise to
sunset and each waterfowl hunter 16 years of age or older must carry on
his/her person a valid Migratory Bird Hunting and Conservation Stamp
(Duck Stamp) signed in ink across the stamp face. Special regulations
established by the Confederated Salish and Kootenai Tribes also apply
on the reservation.
(n) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Non-tribal Hunters)
Ducks (Including Mergansers)
Season Dates: Begin October 3, end November 30, 1998.
Daily Bag and Possession Limits: The daily bag limit is 7,
including no more than 2 female mallards, 1 pintail, 2 redheads, and 1
canvasback. The possession limit is twice the daily bag limit.
Geese
Season Dates: Begin October 3, 1998, end January 10, 1999.
Daily Bag and Possession Limits: 4 geese, including no more than 3
light geese and 1 Canada goose. The possession limit is twice the daily
bag limit.
General Conditions: Tribal and non-tribal hunters must comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Jicarilla Tribe also apply on the reservation.
[[Page 52353]]
(o) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
Ducks
Season Dates: Begin October 1, 1998, end January 31, 1999.
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.
(p) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Non-tribal Hunters)
Ducks (Including Mergansers)
Season Dates: Begin October 3, 1998, end January 7, 1999.
Daily Bag and Possession Limits: 6 ducks, including no more than 5
mallards (only 1 of which may be a hen), 1 pintail, 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 17, 1998, end January 10, 1999.
Daily Bag and Possession Limits: 3 geese, including no more than 1
white-fronted goose. The possession limit is twice the daily bag limit.
Light Geese
Season Dates: Begin October 17, 1998, end January 10, 1999.
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. Non-tribal hunters must possess a validated Migratory
Waterfowl Hunting and Conservation Stamp. The Lower Brule Sioux Tribe
has an official Conservation Code that hunters must adhere to when
hunting in areas subject to control by the tribe.
(q) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Non-tribal Hunters)
Ducks (Including Mergansers)
Season Dates: Begin October 3, 1998, end January 17, 1999.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 1 pintail, 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 3, 1998, end January 10, 1999.
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: Non-tribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition, each waterfowl hunter
16 years of age or older must possess a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp) signed in ink across the stamp
face. Other regulations established by the Shoshone-Bannock Tribes also
apply on the reservation.
(r) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
Ducks (Including Mergansers)
Season Dates: Begin October 3, 1998, end February 17, 1999.
Daily Bag and Possession Limits: 10 ducks, including no more than 2
female mallards, 1 pintail, 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.
(s) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Non-tribal Hunters)
Ducks (Including Mergansers)
Season Dates: Begin October 17, end December 29, 1998.
Daily Bag and Possession Limits: 6 ducks, including no more than 5
mallards (no more than 2 female mallards), 2 redheads, 1 pintail, 1
hooded merganser, 1 canvasback, and 2 wood ducks. The possession limit
is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 15 and 30 coots, respectively.
Dark Geese
Season Dates: Begin October 31, 1998, end January 31, 1999.
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.
Light Geese
Season Dates: Begin October 31, 1998, end January 24, 1999.
Daily Bag and Possession Limits: 20 geese, no possession limit.
General Conditions
(1) The waterfowl hunting regulations established by this final
rule apply to tribal and trust lands within the external boundaries of
the reservation.
(2) Tribal and non-tribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR part 20 regarding
shooting hours and manner of taking. In addition, each waterfowl hunter
16 years of age or older must carry on his/her person a valid Migratory
Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across
the stamp face. Special regulations established by the Yankton Sioux
Tribe also apply on the reservation.
Dated: September 21, 1998.
Stephen C. Saunders,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-25989 Filed 9-29-98; 8:45 am]
BILLING CODE 4310-55-P