[Federal Register: August 30, 1999 (Volume 64, Number 167)]

[Rules and Regulations]               

[Page 47134-47140]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr30au99-14]                         



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DEPARTMENT OF THE INTERIOR



Fish and Wildlife Service



50 CFR Part 20



RIN 1018-AF24



 

Migratory Bird Hunting; Migratory Bird Hunting Regulations on 

Certain Federal Indian Reservations and Ceded Lands for the 1999-2000 

Early Season



AGENCY: Fish and Wildlife Service, Interior.



ACTION: Final rule.



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SUMMARY: This rule prescribes special early season migratory bird 

hunting regulations for certain tribes on Federal Indian reservations, 

off-reservation trust lands and ceded lands. This responds to tribal 

requests for U.S. Fish and Wildlife Service (hereinafter Service or we) 

recognition of their authority to regulate hunting under established 

guidelines. This rule allows the establishment of season bag limits 

and, thus, harvest at levels compatible with populations and habitat 

conditions.



DATES: This rule takes effect on September 1, 1999.



ADDRESSES: You may inspect comments received, if any, on the proposed 

special hunting regulations and tribal proposals during normal business 

hours in Room 634, Arlington Square Building, 4401 N. Fairfax Drive, 

Arlington, Virginia. You should send communications regarding the 

documents to: Director (FWS/MBMO), U.S. Fish and Wildlife Service, ms 

634-ARLSQ, 1849 C Street, NW., Washington, DC 20240.



FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Office of Migratory Bird 

Management, U.S. Fish and Wildlife Service, (703/358-1714).



SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3, 

1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the 

Secretary of the Department of the Interior, having due regard for the 

zones of temperature and for the distribution, abundance, economic 

value, breeding habits, and times and lines of flight of migratory game 

birds, to determine when, to what extent, and by what means such birds 

or any part, nest or egg thereof may be taken, hunted, captured, 

killed, possessed, sold, purchased, shipped, carried, exported or 

transported.

    In the August 13, 1999, Federal Register (64 FR 44384), we proposed 

special migratory bird hunting regulations for the 1999-2000 hunting 

season for certain Indian tribes, under the guidelines described in the 

June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to 

tribal requests for Service recognition of their reserved hunting 

rights, and for some tribes, recognition of their authority to regulate 

hunting by both tribal members and nonmembers on their reservations. 

The guidelines include possibilities for:



[[Page 47135]]



    (1) On-reservation hunting by both tribal members and nonmembers, 

with hunting by non-tribal members on some reservations to take place 

within Federal frameworks but on dates different from those selected by 

the surrounding State(s);

    (2) On-reservation hunting by tribal members only, outside of usual 

Federal frameworks for season dates and length, and for daily bag and 

possession limits; and

    (3) Off-reservation hunting by tribal members on ceded lands, 

outside of usual framework dates and season length, with some added 

flexibility in daily bag and possession limits.

    In all cases, the regulations established under the guidelines must 

be consistent with the March 10-September 1 closed season mandated by 

the 1916 Migratory Bird Treaty with Canada.

    In the May 3, 1999, Federal Register (64 FR 23742), we requested 

that tribes desiring special hunting regulations in the 1999-2000 

hunting season submit a proposal including details on:

    (a) Harvest anticipated under the requested regulations;

    (b) Methods that would be employed to measure or monitor harvest 

(such as bag checks, mail questionnaires, etc.);

    (c) Steps that would be taken to limit level of harvest, where it 

could be shown that failure to limit such harvest would adversely 

impact the migratory bird resource; and

    (d) Tribal capabilities to establish and enforce migratory bird 

hunting regulations.

    No action is required if a tribe wishes to observe the hunting 

regulations established by the State(s) in which an Indian reservation 

is located. We have successfully used the guidelines since the 1985-86 

hunting season. We finalized the guidelines beginning with the 1988-89 

hunting season (August 18, 1988, Federal Register [53 FR 31612]).

    Although the proposed rule included generalized regulations for 

both early- and late-season hunting, this rulemaking addresses only the 

early-season proposals. Late-season hunting will be addressed in late-

September. As a general rule, early seasons begin during September each 

year and have a primary emphasis on such species as mourning and white-

winged dove. Late seasons begin about October 1 or later each year and 

have a primary emphasis on waterfowl.



Status of Populations



    In the August 13 Federal Register, we reviewed the status for 

various populations for which early seasons were proposed. This 

information included brief summaries of the May Breeding Waterfowl and 

Habitat Survey and population status reports for blue-wing teal, Canada 

goose populations hunted in September seasons, sea ducks, sandhill 

cranes, woodcock, mourning doves, white-winged doves, white-tipped 

doves, and band-tailed pigeons. As a result of these status, we have 

responded by proposing Flyway frameworks that are essentially the same 

as those of last season for the 1999-2000 waterfowl hunting season 

(August 27, 1999, Federal Register). The tribal seasons established 

below are commensurate with the population status.



Comments and Issues Concerning Tribal Proposals



    For the 1999-2000 migratory bird hunting season, we proposed 

regulations for 22 tribes and/or Indian groups that followed the 1985 

guidelines and were considered appropriate for final rulemaking. Some 

of the proposals submitted by the tribes had both early and late-season 

elements. However, as noted earlier, only those with early-season 

proposals are included in this final rulemaking; 15 tribes have 

proposals with early seasons. Comments and revised proposals received 

to date are addressed in the following section. The comment period for 

the proposed rule, published on August 13, 1999, closed on August 23, 

1999. Because of the necessary brief comment period, we will respond to 

any comments received on the proposed rule and/or these early-season 

regulations not responded to herein in the September late-season final 

rule.

    We received two comments regarding the notice of intent published 

on May 3, 1999, which announced rulemaking on regulations for migratory 

bird hunting by American Indian tribal members. Both of these comments 

were addressed in the August 13 proposed rule.



NEPA Consideration



    Pursuant to the requirements of section 102(2)(C) of the National 

Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final 

Environmental Statement for the Issuance of Annual Regulations 

Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed 

with the Council on Environmental Quality on June 6, 1975, and notice 

of availability was published in the Federal Register on June 13, 1975, 

(40 FR 25241). A supplement to the final environmental statement, the 

``Final Supplemental Environmental Impact Statement: Issuance of Annual 

Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-

14)'' was filed on June 9, 1988, and notice of availability was 

published in the Federal Register on June 16, 1988 (53 FR 22582), and 

June 17, 1988 (53 FR 22727). Copies of these documents are available 

from us at the address indicated under the caption ADDRESSES. In 

addition, an August 1985 Environmental Assessment titled ``Guidelines 

for Migratory Bird Hunting Regulations on Federal Indian Reservations 

and Ceded Lands'' is available from the same address.



Endangered Species Act Considerations



    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 

1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 

other programs administered by him and utilize such programs in 

furtherance of the purposes of this Act'' (and) shall ``insure that any 

action authorized, funded or carried out * * * is not likely to 

jeopardize the continued existence of any endangered species or 

threatened species or result in the destruction or adverse modification 

of [critical] habitat * * *'' Consequently, we conducted consultations 

to ensure that actions resulting from these regulations would not 

likely jeopardize the continued existence of endangered or threatened 

species or result in the destruction or adverse modification of their 

critical habitat. Findings from these consultations are included in a 

biological opinion and may have caused modification of some regulatory 

measures previously proposed. The final frameworks reflect any 

modifications. Our biological opinions resulting from its Section 7 

consultation are public documents available for public inspection in 

the Service's Division of Endangered Species and MBMO, at the address 

indicated under the caption ADDRESSES.



Regulatory Flexibility Act



    These regulations have a significant economic impact on substantial 

numbers of small entities under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). We analyzed the economic impacts of the annual 

hunting regulations on small business entities in detail and issued a 

Small Entity Flexibility Analysis (Analysis) in 1998. The Analysis 

documented the significant beneficial economic effect on a substantial 

number of small entities. The primary source of information about 

hunter expenditures for migratory game bird hunting is the National 

Hunting and Fishing Survey, which is conducted at 5-year intervals. The 

Analysis was based on the 1996



[[Page 47136]]



National Hunting and Fishing Survey and the U.S. Department of 

Commerce's County Business Patterns from which it was estimated that 

migratory bird hunters would spend between $429 and $1,084 million at 

small businesses in 1998. Copies of the Analysis are available upon 

request.



Executive Order (E.O.) 12866



    Collectively, the rules covering the overall frameworks for 

migratory bird hunting are economically significant and have been 

reviewed by the Office of Management and Budget (OMB) under E.O. 12866. 

This rule is a small portion of the overall migratory bird hunting 

frameworks and was not individually submitted and reviewed by OMB under 

E.O. 12866.



Small Business Regulatory Enforcement Fairness Act



    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. For the reasons outlined above, 

this rule has an annual effect on the economy of $100 million or more. 

However, because this rule establishes hunting seasons, we do not plan 

to defer the effective date under the exemption contained in 5 U.S.C. 

808(1) and this rule will be effective immediately.



Paperwork Reduction Act



    We examined these regulations under the Paperwork Reduction Act of 

1995. We utilize the various recordkeeping and reporting requirements 

imposed under regulations established in 50 CFR part 20, Subpart K, in 

the formulation of migratory game bird hunting regulations. 

Specifically, OMB has approved the information collection requirements 

of the Migratory Bird Harvest Information Program and assigned 

clearance number 1018-0015 (expires 9/30/2001). This information is 

used to provide a sampling frame for voluntary national surveys to 

improve our harvest estimates for all migratory game birds in order to 

better manage these populations. OMB has also approved the information 

collection requirements of the Sandhill Crane Harvest Questionnaire and 

assigned clearance number 1018-0023 (expires 9/30/2000). The 

information from this survey is used to estimate the magnitude, the 

geographical and temporal distribution of harvest, and the portion it 

constitutes of the total population. A Federal agency may not conduct 

or sponsor, and a person is not required to respond to, a collection of 

information unless it displays a currently valid OMB control number.



Unfunded Mandates Reform Act



    We have determined and certify, in compliance with the requirements 

of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this 

rulemaking will not impose a cost of $100 million or more in any given 

year on local or State government or private entities.



Civil Justice Reform--Executive Order 12988



    The Department, in promulgating this proposed 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. We annually prescribe frameworks from 

which the States make selections and employ guidelines to establish 

special regulations on Federal Indian reservations and ceded lands. 

This process preserves the ability of the States and Tribes to 

determine which seasons meet their individual needs. Any State or Tribe 

may be more restrictive than the Federal frameworks at any time. The 

frameworks are developed in a cooperative process with the States and 

the Flyway Councils. This allows States to participate in the 

development of frameworks from which they will make selections, thereby 

having an influence on their own regulations. These rules do not have a 

substantial direct effect on fiscal capacity, change the roles or 

responsibilities of Federal or State governments, or intrude on State 

policy or administration. Therefore, in accordance with 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 May 3 request for proposals and the August 13 proposed 

rule, we have consulted with all the tribes affected by this rule.



Regulations Promulgation



    The rulemaking process for migratory game bird hunting must, by its 

nature, operate under severe time constraints. However, we intend that 

the public be given the greatest possible opportunity to comment on the 

regulations. Thus, when the preliminary proposed rulemaking was 

published, we established what we believed were the longest periods 

possible for public comment. In doing this, we recognized that when the 

comment period closed, time would be of the essence. That is, if there 

were a delay in the effective date of these regulations after this 

final rulemaking, the tribes would have insufficient time to 

communicate these seasons to their member and non-tribal hunters and to 

establish and publicize the necessary regulations and procedures to 

implement their decisions.

    We therefore find that ``good cause'' exists, within the terms of 5 

U.S.C. 553(d)(3) of the Administrative Procedure Act, and these 

regulations will, therefore, take effect immediately upon publication.

    Therefore, under the authority of the Migratory Bird Treaty Act of 

July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703 et seq.), we 

prescribe final hunting regulations for certain tribes on Federal 

Indian reservations (including off-reservation trust lands), and ceded 

lands. The regulations specify the species to be hunted and establish 

season dates, bag and possession limits, season length, and shooting 

hours for migratory game birds.



List of Subjects in 50 CFR Part 20



    Exports, Hunting, Imports, Reporting and recordkeeping 

requirements, Transportation, Wildlife.



[[Page 47137]]



    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:



    1. Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.



    (Note: The following hunting regulations provided for by 50 CFR 

20.110 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 

Non-tribal Hunters)



Doves

    Season Dates: Open September 1, close September 15, 1999; then open 

November 19, 1999, close January 3, 2000.

    Daily Bag and Possession Limits: For the early season, daily bag 

limit is 10 mourning or 10 white-winged doves, singly, or in the 

aggregate. For the late season, the daily bag limit is 10 mourning 

doves. Possession limits are twice the daily bag limits.

    General Conditions: A valid Colorado River Indian Reservation 

hunting permit is required for all persons 14 years and older and must 

be in possession before taking any wildlife on tribal lands. Any person 

transporting game birds off the Colorado River Indian Reservation must 

have a valid transport declaration form. Other tribal regulations 

apply, and may be obtained at the Fish and Game Office in Parker, 

Arizona.



(b) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 

Thompson, South Dakota (Tribal Members and Non-tribal Hunters)



Sandhill Cranes

    Season Dates: Open September 18, close October 24, 1999.

    Daily Bag Limit: 3 sandhill cranes.

    Permits: Each person participating in the sandhill crane season 

must have a valid Federal sandhill crane hunting permit in their 

possession while hunting.

    General Conditions: The waterfowl hunting regulations established 

by this final rule apply only to tribal and trust lands within the 

external boundaries of the reservation. Tribal and non-tribal hunters 

must comply with basic Federal migratory bird hunting regulations in 50 

CFR part 20 regarding shooting hours and manner of taking. In addition, 

each waterfowl hunter 16 years of age or over must carry on his/her 

person a valid Migratory Bird Hunting and Conservation Stamp (Duck 

Stamp) signed in ink across the stamp face. Special regulations 

established by the Crow Creek Sioux Tribe also apply on the 

reservation.



(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 

Minnesota (Tribal Members Only) All seasons in Minnesota, 1854 Treaty 

Zone



Ducks and Mergansers

    Season Dates: Open September 11, close November 23, 1999.

    Daily Bag Limit for Ducks: 20 ducks, including no more than 10 

mallards (only 5 of which may be hens), 4 black ducks; 4 redheads, 4 

pintails and 2 canvasbacks.

    Daily Bag Limit for Mergansers: 5 mergansers, including no more 

than 1 hooded merganser.

Geese

    Season Dates: Open September 1, close November 28, 1999.

    Daily Bag Limit: 10 geese.

Coots and Common Moorhens (Gallinule)

    Season Dates: Open September 11, close November 23, 1999.

    Daily Bag Limit: 20 coots and common moorhens, singly or in the 

aggregate.

Sora and Virginia Rails

    Season Dates: Open September 1, close November 28, 1999.

    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 

aggregate. The possession limit is 25.

Common Snipe and Woodcock

    Season Dates: Open September 1, close November 28, 1999.

    Daily Bag Limit: 8 snipe and 3 woodcock.

    General Conditions:

    1. While hunting waterfowl, a tribal member must carry on his/her 

person a valid tribal waterfowl hunting permit.

    2. Except as otherwise noted, tribal members 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 

modified by the Service rules adopted in response to this proposal, 

these amended regulations parallel Federal requirements in 50 CFR part 

20 as to hunting methods, transportation, sale, exportation and other 

conditions generally applicable to migratory bird hunting.

    3. Band members in each zone will comply with State regulations 

providing for closed and restricted waterfowl hunting areas.

    4. 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, unless otherwise noted above. 

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 band 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. All migratory birds which fall on reservation lands 

will not count as part of any off-reservation bag or possession limit.



(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 

Michigan (Tribal Members Only)



    All seasons in Michigan, 1836 Treaty Zone:

Ducks

    Season Dates: Open September 20, 1999, close January 20, 2000.

    Daily Bag Limit: 10 ducks, which may include no more than 1 

pintail, 1 canvasback, 2 black ducks, 1 hooded merganser, 2 wood ducks, 

2 redheads, and 5 mallards (only 2 of which may be hens).

Canada Geese

    Season Dates: Open September 1, close November 30, 1999, and open 

January 1, 2000, close February 8, 2000.

    Daily Bag Limit: 5 geese.

Sora Rails, Common Snipe, and Woodcock

    Season Dates: Open September 1, close November 14, 1999.

    Daily Bag Limit: 5 rails, 5 snipe, and 5 woodcock.

    General Conditions: A valid Grand Traverse Band Tribal license is 

required for all persons 12 years and older and must be in possession 

before taking any wildlife. All other basic regulations contained in 50 

CFR part 20 are valid. Other tribal regulations apply, and may be 

obtained at the tribal office in Suttons Bay, Michigan.



[[Page 47138]]



(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 

(Tribal Members Only)



Ducks

    Wisconsin and Minnesota 1837 and 1842 Zones:

    Season Dates: Begin September 15 and end December 1, 1999.

    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 

5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2 

canvasbacks.

    Michigan 1836 and 1842 Treaty Zones:

    Season Dates: Begin September 15 and end December 1, 1999.

    Daily Bag Limit: 10 ducks, including no more than 5 mallards (only 

2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1 

canvasback.

Mergansers

    Wisconsin and Minnesota 1837 and 1842 Zones:

    Season Dates: Begin September 15 and end December 1, 1999.

    Daily Bag Limit: 5 mergansers.

    Michigan 1836 and 1842 Treaty Zones:

    Season Dates: Begin September 15 and end December 1, 1999.

    Daily Bag Limit: 5 mergansers, including no more than 1 hooded 

merganser.

Geese

    All Ceded Areas:

    Season Dates: Begin September 1 and end December 1, 1999.

    Daily Bag Limit: 10 geese.

    Other Migratory Birds: All Ceded Areas.

Coots and Common Moorhens (Common Gallinules)

    Season Dates: Begin September 15 and end December 1, 1999.

    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 

singly or in the aggregate.

Sora and Virginia Rails

    Season Dates: Begin September 15 and end December 1, 1999.

    Daily Bag Limit: 25 sora and Virginia rails singly, or in the 

aggregate.

Common Snipe

    Season Dates: Begin September 15 and end December 1, 1999.

    Daily Bag Limit: 8 common snipe.

Woodcock

    Season Dates: Begin September 7 and end December 1, 1999.

    Daily Bag Limit: 5 woodcock.

General Conditions

    1. While hunting waterfowl, a tribal member must carry on his/her 

person a valid tribal waterfowl hunting permit.

    2. Except as otherwise noted, tribal members 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 

modified by the Service rules adopted in response to this proposal, 

these amended regulations parallel Federal requirements in 50 CFR Part 

20 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. 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, unless otherwise noted above. 

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 applicable 

State laws. All migratory birds which fall on reservation lands will 

not count as part of any off-reservation bag or possession limit.

    5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members 

hunting in Michigan and Minnesota will comply with tribal codes that 

contain provisions that parallel applicable State laws concerning duck 

blinds and/or decoys.



(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 

Members Only)



Ducks

    Season Dates: Open September 15, 1999, close January 31, 2000.

    Daily Bag and Possession Limits: 7 ducks, including no more than 1 

pintail, 2 hen mallards, 4 scaup, and 1 canvasback.

Geese

    Season Dates: Open September 1, 1999, close January 31, 2000.

    Daily Bag and Possession Limits: 4 geese, including 4 dark geese 

but not more than 3 light geese. The possession limit is twice the 

daily bag limit.

    General: Tribal members must possess a validated Migratory Bird 

Hunting and Conservation Stamp and a tribal ceded lands permit.



(g) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 

Only)



Ducks

    Season Dates: Open September 25, close November 28, 1999.

    Daily Bag Limits: 10 ducks.

Geese

    Season Dates: Open September 25, close November 28, 1999.

    Daily Bag Limits: 10 geese.

    General: Possession limits are twice the daily bag limits. Shooting 

hours are one-half hour before sunrise to one-half hour after sunset.



(h) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and 

Nonmembers)



Band-tailed Pigeons

    Season Dates: Open September 1, close September 30, 1999.

    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1, close September 30, 1999.

    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

    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.



(i) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 

Members)



Ducks

    Season Dates: Open September 18, close November 19, 1999.

    Daily Bag and Possession Limits: 6 ducks, including no more than 5 

mallards (only 1 of which may be a hen), 5 wood ducks, 1 canvasback, 1 

redhead, 2 pintails, and 1 hooded merganser. Possession limit is twice 

the daily bag limit.

Geese and Brant

    Season Dates: Open September 1, close November 19, open November 

29, close December 31, 1999.



[[Page 47139]]



    Daily Bag and Limits: 5 brant, 3 Canada geese, and 5 snow geese. 

Geese must be tagged after harvest with tribal tags. The tribe will 

reissue tags upon registration of the daily bag limit. A season quota 

of 150 birds is adopted. If the quota is reached before the season 

concludes, the season will be closed at that time.

Woodcock

    Season Dates: Open September 11, close November 19, 1999.

    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.

    General Conditions: Tribal members and non-tribal members hunting 

on the Oneida Indian Reservation or on lands under the jurisdiction of 

the Oneida Nation will observe all basic Federal migratory bird hunting 

regulations found in 50 CFR part 20. Tribal hunters are exempt from the 

requirement to purchase a Migratory Waterfowl Hunting and Conservation 

Stamp (Duck Stamp) and the plugging of shotgun to limit capacity to 3 

shells.



(j) Point No Point Treaty Tribes, Kingston, Washington (Tribal Hunters)



Ducks

    Season Dates: Open September 15, 1999, close January 15, 2000.

    Daily Bag and Possession Limits: 7 ducks, including no more than 2 

hen mallards, 2 pintails, 1 canvasback and 2 redheads. The season on 

harlequin ducks is closed. Possession limit is twice the daily bag 

limit.

Geese

    Season Dates: Open September 15, 1999, close January 15, 2000.

    Daily Bag and Possession Limits: 4 geese, and may include no more 

than 3 light geese. The season on Aleutian Canada geese is closed. 

Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open September 15, 1999, close January 15, 2000.

    Daily Bag and Possession Limits: 2 brant. Possession limit is twice 

the daily bag limit.

Coots

    Season Dates: Open September 15, 1999, close January 15, 2000.

    Daily Bag Limits: 25 coots.

Mourning Doves

    Season Dates: Open September 1, close September 30, 1999.

    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 15, close January 15, 2000.

    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

    General Conditions: All hunters authorized to hunt migratory birds 

on the reservation must obtain a tribal hunting permit from the 

respective tribe. Hunters are also required to adhere to a number of 

special regulations available at the tribal office.



(k) Seminole Tribe of Florida, Big Cypress Seminole Reservation, 

Clewiston, Florida (Tribal Members and Non-tribal Hunters)



Mourning Dove

    Season Dates: September 18, 1999, through January 20, 2000.

    Daily Bag Limit: 15 doves.

    General Conditions: Hunting is on Saturdays only. All other Federal 

regulations contained in 50 CFR part 20 apply.



(l) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 

Washington (Tribal Members)



Ducks

    Season Dates: Open September 15, 1999, close January 15, 2000.

    Daily Bag and Possession Limits: 5 ducks, including no more than 1 

canvasback. The season on harlequin ducks is closed. Possession limit 

is twice the daily bag limit.

Geese

    Season Dates: Open September 15, 1999, close January 15, 2000.

    Daily Bag and Possession Limits: 4 geese, and may include no more 

than 2 snow geese and 1 dusky Canada goose. 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 December 31, 1999.

    Daily Bag and Possession Limits: 2 and 4 brant, respectively.

Coots

    Season Dates: Open September 15, 1999, close January 15, 2000.

    Daily Bag Limits: 25 coots.

Snipe

    Season Dates: Open September 15, 1999, and close January 15, 2000.

    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-tailed Pigeons

    Season Dates: Open September 15, close December 1, 1999.

    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.

    General Conditions: All tribal hunters must obtain a Tribal Hunting 

Tag and Permit from the tribe's Natural Resources Department and must 

have the permit, along with the member's treaty enrollment card, on his 

or her person while hunting. Shooting hours are one-half hour before 

sunrise to one-half hour after sunset and steel shot is required for 

all migratory bird hunting. Other special regulations are available at 

the tribal office in Shelton, Washington.



(m) Tulalip Tribes of Washington, Tulalip Indian Reservation, 

Marysville, Washington (Tribal Members)



Ducks/Coot

    Season Dates: Open September 15, 1999, and close February 1, 2000.

    Daily Bag and Possession Limits: 6 and 12 ducks, respectively; 

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, 1999, and close February 1, 2000.

    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.

    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.



(n) White Earth Band of Chippewa, White Earth, Minnesota (Tribal 

Members Only)



Ducks and Mergansers

    Season Dates: Open September 18, close November 30, 1999.

    Daily Bag Limit for Ducks: 7 ducks, including no more than 2 

mallards and



[[Page 47140]]



1 canvasback through September 24 and no more than 2 hen mallards and 2 

canvasbacks thereafter.

    Daily Bag Limit for Mergansers: 5 mergansers, including no more 

than 2 hooded mergansers.

Geese

    Season Dates: Open September 1, close November 30, 1999.

    Daily Bag Limit: 5 geese.

Coots

    Season Dates: Open September 18, close November 30, 1999.

    Daily Bag Limit: 20 coots.

Sora and Virginia Rails

    Season Dates: Open September 11, close December 1, 1999.

    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 

aggregate. The possession limit is 25.

Common Snipe and Woodcock

    Season Dates: Open September 11, close December 1, 1999.

    Daily Bag Limit: 10 snipe and 10 woodcock.

Mourning Dove

    Season Dates: Open September 11, close December 1, 1999.

    Daily Bag Limit: 25 doves.

    General Conditions: Shooting hours are one-half hour before sunrise 

to one-half hour after sunset. Non-toxic shot is required.



(o) White Mountain Apache Tribe, Fort Apache Indian Reservation, 

Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)



Band-tailed Pigeons

    Season Dates: Open September 1, close September 12, 1999.

    Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1, close September 12, 1999.

    Daily Bag and Possession Limits: 8 and 16 doves, respectively.

    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.



    Dated: August 24, 1999.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 99-22383 Filed 8-27-99; 8:45 am]

BILLING CODE 4310-55-P