[Federal Register: September 23, 1999 (Volume 64, Number 184)]

[Rules and Regulations]               

[Page 51663-51669]

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

[DOCID:fr23se99-22]                         





[[Page 51663]]



_______________________________________________________________________



Part IV











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 1999-2000 Late 

Season; Final Rule





[[Page 51664]]







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 

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 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 October 1, 1999.



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

    (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 rule addresses only late-

seasons. Early-season hunting was addressed in the August 30, 1999, 

Federal Register (64 FR 47134). 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 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 late-season 

proposals are included in this final rulemaking; 14 tribes have 

proposals with late seasons. The comment period for the August 13 

proposed rule closed on August 23, 1999.

    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



[[Page 51665]]



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 National Hunting and Fishing Survey and 

the US 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 annual migratory bird hunting regulations are a major rule 

under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement 

Fairness Act. For the reasons outlined above, these rules have 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.

    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--E.O. 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 E.O. 12988.



Takings Implication Assessment--E.O. 12630



    In accordance with E.O. 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--E.O. 12612



    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 E.O. 12612, 

these regulations do not have significant federalism effects nor 

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



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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.

    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 Section 20.110 by revising paragraphs (a), (b), (d), (f), 

(h), (k), (m) and (o); and by adding paragraphs (p), (q), (r), (s), 

(t), (u), and (v) 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.

Ducks (including mergansers)

    Season Dates: Begin October 2, 1999, close January 16, 2000.

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

pintail, 2 redheads, 2 Mexican ducks, 2 hen mallards, 4 scaup, 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 20, 1999, end January 16, 2000.

    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)



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.

Ducks

    Season Dates: Begin October 9, end December 21, 1999.

    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, 3 scaup, 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 9, 1999, end January 9, 2000.

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

White-fronted Geese

    Season Dates: Begin October 2, end December 12, 1999.

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

Light Geese

    Season Dates: Begin October 2, close December 25, 1999, then open 

February 19, close March 10, 2000.

    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 Crow Creek Sioux Tribe also apply on the 

reservation.

* * * * *



(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,



[[Page 51667]]



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.

Other Geese (Brant, Blue, Snow, and White-fronted)

    Season Dates: Begin October 1, end November 30, 1999.

    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.

* * * * *



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

Members and Non-tribal Hunters).



    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.



Non-tribal Hunters



Ducks

    Season Dates: Open October 2, 1999, close January 16, 2000. During 

this period, days to be hunted are specified by the Kalispel Tribe as 

weekends, holidays and for a continuous period in the months of 

December and January. 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, 4 scaup, and 1 canvasback.

Geese

    Season Dates: Begin October 2, 1999, close January 9, 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: 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.

* * * * *



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

Non-tribal Hunters)



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.

Ducks (Including Mergansers)

    Season Dates: Begin October 2, 1999, close January 16, 2000.

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

female mallards, 1 pintail, 1 canvasback, 4 scaup, and 2 redheads. The 

possession limit is twice the daily bag limit.

Dark Geese

    Season Dates: Begin October 2, 1999, end January 9, 2000.

    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) Seminole Tribe of Florida, Big Cypress Seminole Reservation, 

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



Mourning Dove

    Season Dates: September 19, 1999, through January 20, 2000.

    Daily Bag Limit: 15 doves.

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

regulations contained in 50 CFR part 20 apply.

* * * * *



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

Marysville, Washington (Tribal Members and Non-tribal Hunters)



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; 

including no more than 1 pintail and 1 canvasback.

Geese

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

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

including no more than 2 brant and 4 dark geese (cackling and dusky 

Canada geese). 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 9, 1999, end January 23, 2000.

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

female mallards, 1 pintail, 1 canvasback, 4 scaup, 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 16, 1999, end January 23, 2000.

    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 8, end January 23, 2000.

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

    General Conditions: All waterfowl hunters, members and non-members,



[[Page 51668]]



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.

* * * * *



(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.

Ducks (Including Mergansers)

    Season Dates: Begin October 23, 1999, end January 17, 2000.

    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: 3 and 6, 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 lower portion of the Black River, beginning at the 

confluence of Big Bonito Creek and the Black River, and the entire 

length of the Salt River 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 1999-2000 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.



(p) Confederated Salish and Kootenai Tribes, Flathead Indian 

Reservation, Pablo, Montana (Non-tribal Hunters)



Ducks (including mergansers)

    Season Dates: Begin October 2, 1999, end January 16, 2000.

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

female mallards, 1 pintail, 1 canvasback, 4 scaup, 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 2, 1999, end January 9, 2000.

    Daily Bag and Possession Limits: 4 and 8 geese, respectively.

Light Geese

    Season Dates: Begin October 2, 1999, end January 9, 2000.

    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.



(q) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 

Mexico (Tribal Members and Non-tribal Hunters)



Ducks (including mergansers)

    Season Dates: Begin October 2, end November 30, 1999.

    Daily Bag and Possession Limits: The daily bag limit is 7, 

including no more than 2 female mallards, 1 pintail, 2 redheads, 4 

scaup, and 1 canvasback. The possession limit is twice the daily bag 

limit.

Canada Geese

    Season Dates: Begin October 2, 1999, end November 30, 1999.

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

    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.



(r) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)



Ducks

    Season Dates: Begin October 1, 1999, end January 31, 2000.

    Daily Bag and Possession Limits: 9 and 18 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.



[[Page 51669]]



(s) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 

South Dakota (Tribal Members and Non-tribal Hunters)



Ducks (including mergansers)

    Season Dates: Begin October 2, 1999, end January 6, 2000.

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

mallards (only 1 of which may be a hen), 1 pintail, 3 scaup, 1 mottled 

duck, 2 redheads, 1 canvasback, 2 wood ducks, and 1 hooded merganser. 

The possession limit is twice the daily bag limit.

Canada Geese

    Season Dates: Begin October 16, 1999, end January 16, 2000.

    Daily Bag and Possession Limits: 3 geese. The possession limit is 

twice the daily bag limit.

White-fronted Geese

    Season Dates: Begin October 16, end December 26, 2000.

    Daily Bag and Possession Limits: 2 geese. The possession limit is 

twice the daily bag limit.

Light Geese

    Season Dates: Begin October 16, 1999, end January 16, 2000, begin 

February 25, end March 10, 2000.

    Daily Bag Limit: 20 geese.

    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.



(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 

Idaho (Non-tribal Hunters)



Ducks (including Mergansers)

    Season Dates: Begin October 2, 1999, end January 16, 2000.

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

female mallards, 1 pintail, 1 canvasback, 4 scaup, 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 2, 1999, end January 9, 2000.

    Daily Bag and Possession Limits: 4 geese, including not more than 3 

light 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.



(u) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 

Members Only)



Ducks (Including Mergansers)

    Season Dates: Begin October 2, 1999, end February 23, 2000.

    Daily Bag and Possession Limits: 10 ducks, including no more than 2 

female mallards, 1 pintail, 1 canvasback, 4 scaup, 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: 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.



(v) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Non-

tribal Hunters)



Ducks (including Mergansers)

    Season Dates: Begin October 9, end December 21, 1999.

    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, 3 scaup, 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 30, 1999, end January 31, 2000.

    Daily Bag and Possession Limits: 3 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 30, 1999, end January 23, 2000.

    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 15, 1999.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 99-24811 Filed 9-22-99; 8:45 am]

BILLING CODE 4310-55-P