[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23505]


[[Page Unknown]]

[Federal Register: September 22, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AA24

 

Migratory Bird Hunting: Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 1994-95 
Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule prescribes special late season migratory bird 
hunting regulations for certain tribes on Federal Indian reservations, 
off-reservation trust lands and ceded lands. This is in response to 
tribal requests for Service recognition of their authority to regulate 
hunting under established guidelines. This rule is necessary to allow 
establishment of season bag limits and, thus, harvest at levels 
compatible with populations and habitat conditions.

EFFECTIVE DATE: This rule takes effect on September 24, 1994.

ADDRESSES: Comments received on the tribal proposals and special 
hunting regulations are available for public inspection during normal 
business hours in Room 634, Arlington Square Building, 4401 N. Fairfax 
Drive, Arlington, VA. Communications regarding the documents should be 
sent to: Director (FWS/MBMO), U.S. Fish and Wildlife Service, 634 
ARLSQ, 1849 C St., NW, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Dr. Keith A. Morehouse, Office of 
Migratory Bird Management, U.S. Fish and Wildlife Service, Department 
of the Interior, 634 ARLSQ, 1849 C St., NW, Washington, DC 20240 (703/
358-1714).

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3, 
1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the 
Secretary of the Interior, having due regard for the zones of 
temperature and for the distribution, abundance, economic value, 
breeding habits, and times and lines of flight of migratory game birds, 
to determine when, to what extent, and by what means such birds or any 
part, nest or egg thereof may be taken, hunted, captured, killed, 
possessed, sold, purchased, shipped, carried, exported or transported.
    In the August 16, 1994 Federal Register (59 FR 42017), the U. S. 
Fish and Wildlife Service (Service) proposed special migratory bird 
hunting regulations for the 1994-95 hunting season for certain Indian 
tribes, under the guidelines described in the June 4, 1985, Federal 
Register (50 FR 23467). The guidelines were developed in response to 
tribal requests for Service recognition of their reserved hunting 
rights, and for some tribes, recognition of their authority to regulate 
hunting by both tribal members and nonmembers on their reservations. 
The guidelines include possibilities for: (1) On-reservation hunting by 
both tribal members and nonmembers, with hunting by nontribal members 
on some reservations to take place within Federal frameworks but on 
dates different from those selected by the surrounding State(s); (2) 
on-reservation hunting by tribal members only, outside of usual Federal 
frameworks for season dates and length, and for daily bag and 
possession limits; and (3) off-reservation hunting by tribal members on 
ceded lands, outside of usual framework dates and season length, with 
some added flexibility in daily bag and possession limits. In all 
cases, the regulations established under the guidelines would have to 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Convention on the Protection of Migratory Birds Between the 
U.S. and Great Britain (for Canada). Tribes that desired special 
hunting regulations in the 1994-95 hunting season were requested in the 
April 7, 1994, Federal Register (59 FR 16762) to submit a proposal that 
included details on: (1) requested season dates and other regulations 
to be observed; (2) harvest anticipated under the requested 
regulations; (3) methods that will be employed to measure or monitor 
harvest; (4) steps that will be taken to limit level of harvest, where 
it could be shown that failure to limit such harvest would impact 
seriously on the migratory bird resource; and (5) tribal capabilities 
to establish and enforce migratory bird hunting regulations. No action 
is required if a tribe wishes to observe the hunting regulations that 
are established by the State(s) in which an Indian reservation is 
located. The guidelines have been used successfully since the 1985-86 
hunting season, and they were made final beginning with the 1988-89 
hunting season (August 18, 1988; 53 FR 31612).
    Although the August 16, 1994, 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, 1994 (59 FR 45235). As a general rule, early seasons begin 
during September each year and have a primary emphasis on such species 
as mourning and white-winged dove. Late seasons are ordinarily those 
that begin in late-September or early-October, or later, each year and 
have a primary emphasis on waterfowl.
    In the August 16 proposed rule, and in the early season final rule, 
the Service pointed out that there was reason for cautious optimism 
with regard to liberalization of duck hunting regulations in the 1994-
95 season. However, at that time production information was not 
available and assessments could not be made on which to base final 
framework decisions. From survey data, it now appears that duck 
production is up on a continental basis, with a projected fall flight 
index of about 71 million ducks, and the Service has responded to this 
by making minor adjustments in regulations. Most notably, bag limit 
frameworks provide for one more duck than allowed last year, with an 
additional mallard drake. However, the restriction on mallard hens to 
one in the daily bag will remain in effect. A season on canvasbacks is 
optional nationwide. Other species restrictions are still in effect. 
The Service has eased, somewhat, the more restrictive regulations of 
past seasons because duck populations have generally rebounded from the 
lows of last year and several previous years. Duck populations recovery 
is closely linked to more favorable water conditions throughout most of 
the better duck production areas of the U.S. and Canada, as well as to 
more restrictive regulations imposed in the past. However, the Service 
has been conservative in this liberalization because the potential is 
there for a more complete recovery of populations in the future, 
compared to long-term averages, if water conditions stabilize and/or 
continue to improve. Length of season is considered to be a factor more 
closely associated with determining magnitude of harvest than is minor 
adjustment in bag limit so frameworks for season length across all four 
flyways will remain the same. The fact that some liberalization has 
occurred in bag limits and season length is considered in these final 
regulations, many of which were proposed before final decisions were 
made on late season frameworks for the States.

Tribal Proposals

    For the 1994-95 migratory bird hunting season, the Service received 
requests from 14 tribes and/or Indian groups that followed the June 4, 
1985, guidelines and are appropriate for rulemaking. Some of the 
proposals submitted by the tribes have both early and late season 
elements. However, as noted earlier, only those with late season 
proposals are included in this final rulemaking; 13 tribes have 
proposals with late seasons. Six tribes are represented in the early 
season regulations.
    There have been no tribal comments or revised proposals for the 
late seasons received since publication of the early season final rule. 
However, tribal proposals were made before late-season final frameworks 
for States were established. Thus, with the liberalization that has 
occurred, changes have been made in some of the tribal seasons that are 
not reflected in the earlier proposed rule document.

Public Comments on Tribal Proposals

    The Service received a letter from the Michigan Department of 
Natural Resources (MIDNR), dated August 30, 1994, that generally 
supports the Great Lakes Indian Fish and Wildlife Commission (GLIFWC) 
migratory bird hunting proposal in the 1836 and 1842 ceded areas of 
Michigan. The MIDNR did advise that State rules had been modified to 
limit the take of brant to no more than two daily within a daily bag of 
seven geese. This was in response to a recent Mississippi Flyway 
Council recommendation.
    The Service's view on this is that the likelihood of a hunter 
taking, or even seeing, a brant in an interior area is not very great 
given that brant are almost exclusively a marine species. Although they 
are seen on occasion, records indicate the occurrence of brant in 
Michigan are on a ``rare'' to ``extremely rare'' basis. Establishment 
of a guideline or regulation to restrict the daily bag limit of brant 
to two is somewhat meaningless in that context. Nevertheless, as it 
would seem that the regulation is in part designed to protect the 
hunter, the Service will defer to the GLIFWC to decide for next season 
how they will propose to respond to the Mississippi Flyway Council 
recommendation and the State of Michigan establishment of regulations 
for brant harvest. For this current season, after consultation with 
both the MIDNR and the GLIFWC, the potential problem has been taken 
care of through inclusion of brant in the ``Other Geese'' category of 
the GLIFWC regulations.
    Other comments from States regarding tribally proposed regulations, 
received earlier, were addressed in the early season final rule 
published on September 1, 1994.
    In summary, this rule amends section 20.110 of 50 CFR to make 
current for the late 1994-95 migratory bird hunting season the 
regulations that will apply on Federal Indian reservations, off-
reservation trust lands and ceded lands. These regulations take into 
account the liberalization that the Service has determined is 
biologically feasible for this current season, based on improved 
production.

NEPA Consideration

    Pursuant to the requirements of section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final 
Environmental Statement for the Issuance of Annual Regulations 
Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed 
with the Council on Environmental Quality on June 6, 1975, and notice 
of availability was published in the Federal Register on June 13, 1975, 
(40 FR 25241). A supplement to the final environmental statement, the 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-
14)'' was filed on June 9, 1988, and notice of availability was 
published in the Federal Register on June 16, 1988 (53 FR 22582), and 
June 17, 1988 (53 FR 22727). In addition, an August 1985 environmental 
assessment titled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available from the 
Service.

Endangered Species Act Considerations

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded or carried out * * * is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat * * *'' Consequently, the Service initiated 
Section 7 consultation under the Endangered Species Act for the 
proposed migratory bird hunting seasons including those which occur on 
Federally recognized Indian reservations and ceded lands. The Service's 
biological opinion resulting from its consultation under Section 7 of 
the Endangered Species Act may be inspected by the public in, and will 
be available to the public from, the Division of Endangered Species and 
Habitat Conservation and the Office of Migratory Bird Management, U.S. 
Fish and Wildlife Service, Department of the Interior, Washington, D.C. 
20240. Copies of these documents are available from the Service at the 
address indicated under the caption ADDRESSES.
    In an August 1994 opinion, the Division of Endangered Species 
concluded that the proposed action is not likely to jeopardize the 
continued existence of listed species or result in the destruction or 
adverse modification of their critical habitats. Hunting regulations 
are designed, among other things, to remove or alleviate chances of 
conflict between seasons for migratory game birds and the protection 
and conservation of endangered and threatened species and their 
habitats.

Regulatory Flexibility Act, Executive Order 12866, and the Paperwork 
Reduction Act

    In the April 7 Federal Register, the Service reported measures it 
had undertaken to comply with requirements of the Regulatory 
Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and Executive Order 
12866. These included preparing an Analysis of Regulatory Effects, 
preparing a Small Entity Flexibility Analysis under the Regulatory 
Flexibility Act, and publishing a summary of the latter. This 
information is included in the present document by reference. This 
action was not subject to review by the Office of Management and Budget 
under Executive Order 12866. This rule does not contain any information 
collection requiring approval by the Office of Management and Budget 
under 44 U.S.C. 3504.

Authorship

    The primary author of this final rule is Dr. Keith A. Morehouse, 
Office of Migratory Bird Management.

Regulations Promulgation

    The rulemaking process for migratory bird hunting must, by its very 
nature, operate under severe time constraints. However, the Service is 
of the view that every attempt should be made to give the public the 
greatest possible opportunity to comment on the regulations. Thus, when 
the proposed hunting regulations for certain tribes were published on 
August 16, 1994, the Service established the longest possible period 
for public comments. In doing this, the Service recognized that time 
would be of the essence. However, the comment period provided the 
maximum amount of time possible while ensuring that this final rule 
would be published before the late hunting season beginning on 
September 24, 1994.
    Under the authority of the Migratory Bird Treaty Act of July 3, 
1918, as amended (40 Stat. 755; 16 U.S.C. 703 et seq.), the Service 
prescribes final hunting regulations for certain tribes on Federal 
Indian reservations (including off-reservation trust lands), and ceded 
lands. The regulations specify the species to be hunted and establish 
season dates, bag and possession limits, season length, and shooting 
hours for migratory game birds other than waterfowl.
    Therefore, for the reasons set out above, the Service finds that 
``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) of the 
Administrative Procedure Act, and this final rule will take effect on 
September 24, 1994.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

    Accordingly, Part 20, Subchapter B, Chapter I of Title 50 of the 
Code of Federal Regulations is amended as follows:

PART 20--[AMENDED]

    1. The authority citation for Part 20 continues to read as follows:

    Authority: Migratory Bird Treaty Act, as amended (16 U.S.C. 703 
et seq.).

    (Editorial Note: The following annual hunting regulations 
provided for by Sec. 20.110 of 50 CFR Part 20 will not appear in the 
Code of Federal Regulations because of their seasonal nature.)

    2. Section 20.110 is revised to read as follows:


Sec. 20.110  Seasons, limits and other regulations for certain Federal 
Indian reservations, Indian Territory, and ceded lands.

    (a) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, 
New Mexico (Tribal Members and Nontribal Hunters)
    Ducks (including mergansers).
    Season Dates: Begin October 1, end November 30, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 5, 
including no more than 4 mallards (of which only 1 may be a female), 1 
pintail and 2 redheads. The possession limit is twice the daily bag 
limit. No canvasbacks are allowed in the bag.
    Geese. The 1994-95 goose season is closed.
    General Conditions. Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR Part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the face. Special regulations established by the 
Jicarilla Tribe also apply on the reservation.

    (b) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
    Ducks (Including Mergansers).
    Season Dates: Begin November 12, 1994, end January 8, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 5, 
including no more than 4 mallards (only 1 female mallard), 1 redhead, 2 
canvasbacks and 1 pintail. The possession limit is twice the daily bag 
limit, but may not include more than 1 daily bag limit that has been 
taken in any 1 day.
    Coots, Moorhens and Gallinules.
    Season Dates: Begin November 12, 1994, end January 8, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 25, singly 
or in the aggregate. The possession limit is twice the daily bag limit, 
but may not include more than 1 daily bag limit that has been taken in 
any 1 day.
    Canada Geese.
    Season Dates: Begin November 12, 1994, end January 8, 1995.
    Bag and Possession Limits: The daily bag limit is 2, and the 
possession limit is 4 after the first day.
    General Conditions: (1) The area open to hunting in the above 
seasons consists of: The entire length of the Black and Salt Rivers 
forming the southern boundary of the reservation; the Whiteriver, 
extending from the Canyon Day Stockman Station to the Salt River; and 
all stock ponds located within Wildlife Management Units 4, 6 and 7. 
The remaining reservation waters will be closed to waterfowl hunting 
during the 1994-95 hunting season.
    (2) Tribal and nontribal hunters will comply with all basic Federal 
migratory bird hunting regulations in 50 CFR Part 20 regarding shooting 
hours and manner of taking.
    (3) See other special regulations established by the White Mountain 
Apache Tribe that apply on the reservation, available from the 
reservation Game and Fish Department.
    (c) Colorado River Indian Tribes, Parker, Arizona (Tribal Members 
and Nontribal Hunters).
    Ducks.
    Season Dates: Begin October 14, end November 10, 1994; then open 
December 9, 1994, close January 8, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 4, which 
may include no more than 2 pintails, 2 redheads, 1 Mexican duck and 1 
canvasback. The possession limit is twice the daily bag limit.
    Coots and Common Moorhens.
    Season Dates: Begin October 14, end November 10, 1994; then open 
December 9, 1994, close January 8, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 25. The 
possession limit is twice the daily bag limit.
    Geese.
    Season Dates: Begin October 22, 1994, end January 22, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 5, with 5 
in possession. The daily bag limit may not include more than 2 dark 
(Canada) geese and 3 white (snow, blue, Ross's) geese.
    General Conditions: A valid Colorado River Indian Reservation 
hunting permit is required and must be in possession before taking any 
wildlife on tribal lands. Persons fourteen years and older are required 
to have a valid permit. 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.
    (d) Great Lakes Indian Fish and Wildlife Commission, Odanah, 
Wisconsin (Tribal Members Only).
    Ducks.
    Michigan, 1842 Treaty Zone.
    Season Dates: Begin October 1 and end November 7, then begin 
November 12 and end November 13, 1994.
    Daily Bag Limit: The daily bag limit is 3, including no more than 2 
mallards (only 1 of which may be a female), 1 black duck, 1 pintail, 2 
wood ducks, 1 canvasback and 1 redhead.
    Michigan, 1836 Treaty Zone.
    Season Dates: North Zone, begin October 1 and end November 7, then 
begin November 12 and end November 13, 1994; Middle Zone, begin October 
1 and end November 6, then begin November 11 and end November 13; South 
Zone, begin October 8 and end November 13, 1994, then begin November 25 
and end November 27, 1994.
    Daily Bag Limit: The daily bag limit is 3, including no more than 2 
mallards (only 1 of which may be a female), 1 black duck, 1 pintail, 2 
wood ducks, 1 canvasback and 1 redhead.
    Mergansers.
    Michigan, 1842 Treaty Zone.
    Season Dates: Begin October 1 and end November 7, then begin 
November 12 and end November 13, 1994.
    Daily Bag Limit: The daily bag limit is 5, including no more than 1 
hooded merganser.
    Michigan, 1836 Treaty Zone.
    Season Dates: North Zone, begin October 1 and end November 7, then 
begin November 12 and end November 13, 1994; Middle Zone, begin October 
1 and end November 6, then begin November 11 and end November 13; South 
Zone, begin October 8 and end November 13, 1994, then begin November 25 
and end November 27, 1994.
    Daily Bag Limit: The daily bag limit is 5, including no more than 1 
hooded merganser.
    Canada Geese.
    Michigan, 1842 Treaty Zone.
    Season Dates: Begin September 24, end October 16, 1994.
    Daily Bag Limit: The daily bag limit is 2.
    Michigan, 1836 Treaty Zone.
    Season Dates: North Zone, begin September 24 and end October 16, 
1994; Middle Zone, begin October 1 and end October 23, 1994; South 
Zone, begin October 8 and end November 6, 1994.
    Daily Bag Limit: The daily bag limit is 1 for the South Zone and 2 
for the North and Middle Zones.
    Other Geese (Brant, Blue, Snow, and White-fronted).
    Michigan, 1842 Treaty Zone.
    Season Dates: Begin September 24, end October 16, 1994.
    Daily Bag Limit: The daily bag limit is 7, including no more than 2 
white-fronted.
    Michigan, 1836 Treaty Zone.
    Season Dates: North Zone, begin September 24 and end October 16, 
1994; Middle Zone, begin October 1 and end October 23, 1994; South 
Zone, begin October 8 and end November 6, 1994.
    Daily Bag Limit: The daily bag limit is 7, including no more than 2 
white-fronted.
    Coots and Common Moorhens (Gallinule).
    Michigan, 1842 Treaty Zone.
    Season Dates: Begin October 1 and end November 7, then begin 
November 11 and end November 13, 1994.
    Daily Bag Limit: The daily bag limit is 15, singly or in the 
aggregate.
    Michigan, 1836 Treaty Zone.
    Season Dates: North Zone, begin October 1 and end November 7, then 
begin November 12 and end November 13, 1994; Middle Zone, begin October 
1 and end November 6, then begin November 11 and end November 13; South 
Zone, begin October 8 and end November 13, 1994, then begin November 25 
and end November 27, 1994.
    Daily Bag Limit: The daily bag limit is 15.
    General Conditions: (1) While hunting waterfowl, a tribal member 
must carry on his/her person a valid tribal waterfowl hunting permit.
    (2) Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
may be modified by Service final rules adopted in response to a 
proposed rule, these amended regulations parallel Federal requirements, 
50 CFR Part 20, and shooting hour regulations in 50 CFR Part 20, 
subpart K, as to hunting methods, transportation, sale, exportation and 
other conditions generally applicable to migratory bird hunting.
    (3) Tribal members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    (4) Minnesota and Michigan--Duck Blinds and Decoys. Tribal members 
hunting in Minnesota will comply with tribal codes that contain 
provisions parallel to M. S. 100.29, Subd. 18 (duck blinds and decoys). 
Tribal members hunting in Michigan will comply with tribal codes that 
contain provisions parallel to Michigan law regarding duck blinds and 
decoys.
    (5) Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit.
    (6) Possession limits are applicable only to transportation and do 
not include birds which are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of tribal members on ceded 
lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as having been taken 
on-reservation. In Wisconsin, such tagging will comply with Sec. NR 
19.12, Wis. Adm. Code. All migratory birds which fall on reservation 
lands will not count as part of any off-reservation bag or possession 
limit.
    (e) Kalispel Tribe, Kalispel Reservation, Usk, Washington 
(Nontribal Hunters).
    Ducks.
    Season Dates: Begin October 1, 1994, end January 29, 1995. During 
this period, days to be hunted are specified by the Kalispel Tribe as 
Wednesdays, weekends, holidays and for a continuous period from 
November 28 through December 31, 1994, the total of which is 77 days. 
Nontribal hunters should contact the tribe for more detail on hunting 
days.
    Daily Bag and Possession Limits: The daily bag limit is 4 ducks, 
including no more than 3 mallards (only 1 of which may be a female), 1 
pintail, 1 canvasback and 2 redheads. The possession limit is twice the 
daily bag limit.
    Geese. 
    Dark Geese.
    Season Dates: Begin October 1, 1994, end January 29, 1995. During 
this period, days to be hunted are specified by the Kalispel Tribe as 
Wednesdays, weekends, holidays and for a continuous period from 
November 28 through December 31, 1994, the total of which is 77 days. 
Nontribal hunters should contact the tribe for more detail on hunting 
days.
    Daily Bag and Possession Limits: The daily bag limit is 4 geese, 
including 4 dark geese but not more than 2 white-fronted geese. The 
possession limit is twice the daily bag limit.
    Light Geese.
    Season Dates: Begin October 1, 1994, end January 29, 1995. During 
this period, days to be hunted are specified by the Kalispel Tribe as 
Wednesdays, weekends, holidays and for a continuous period from 
November 28 through December 31, 1994, the total of which is 77 days. 
Nontribal hunters should contact the tribe for more detail on hunting 
days.
    Daily Bag and Possession Limits: The daily bag limit is 3 light 
geese. The possession limit is twice the daily bag limit.
    General: All State and Federal regulations, such as those contained 
in 50 CFR Part 20 and including the possession of a validated Migratory 
Bird Hunting and Conservation Stamp, will be observed by hunters.
    (f) Klamath Tribe, Chiloquin, Oregon (Tribal Members)
    Ducks.
    Season Dates: Begin October 1, 1994, end January 28, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 9. The 
possession limit is twice the daily bag limit.
    Coots.
    Season Dates: Begin October 1, 1994, end January 28, 1995.
    Daily Bag and Possession Limits: The daily bag and possession 
limits are 25.
    Geese.
    Season Dates: Begin October 1, 1994, end January 28, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 6. The 
possession limit is twice the daily bag limit.
    General: The Klamath Tribe provides regulations enforcement 
authority in its game management officers, biologists and wildlife 
technicians, and has a court system with judges that hear cases and set 
fines.
    (g) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members 
and Nontribal Hunters)
    Ducks.
    Season Dates: Begin October 1, end November 28, 1994.
    Daily Bag and Possession Limits: The bag limit is 5, including no 
more than 4 mallards (only 1 of which may be a female), 1 pintail, 1 
canvasback and 2 redheads. The possession limit is twice the daily bag 
limit for each sex and/or species.
    Canada Geese.
    Season Dates: Begin October 1, 1994, end January 8, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 3. The 
possession limit is 6.
    Coots and Common Moorhens.
    Season Dates: Begin October 1, end November 28, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 25 singly 
or in the aggregate, and the possession limit is restricted to the 
daily bag limit (25).
    General Conditions: Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR Part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (duck stamp) signed 
in ink across the face. Special regulations established by the Navajo 
Nation also apply on the reservation.
    (h) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Nontribal Hunters)
    Ducks (including mergansers).
    Season Dates: Begin October 1, end October 16; begin October 22, 
end November 27; and begin December 17, 1994, end January 1, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 4, 
including no more than 3 mallards (only 1 of which may be a female), 1 
pintail, 1 canvasback and 2 redheads. The possession limit is twice the 
daily bag limit.
    Coots.
    Season Dates: Begin October 1, end October 16; begin October 22, 
end November 27; and begin December 18, 1994, end January 1, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 25, and the 
possession limit is limited to the daily bag (25).
    Geese.
    Dark.
    Season Dates: Begin October 1, 1994, end January 8, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 3, which 
may include no more than 2 white-fronted geese. The possession limit is 
twice the daily bag limit.
    White.
    Season Dates: Begin October 1, 1994, end January 8, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 3, and the 
possession limit is 6.
    Special Exception For Geese: A special early closure for goose 
hunting may begin at sunset, December 4, 1994, within the following 
area or some portion therein: Beginning at Polson, then north along 
U.S. Highway 93 to Irvine Flats Road, then west along Irvine Flats Road 
to Irvine Divide, then south along the crest of the Salish Mountains 
Divide to its intersection with the Ronan-Hot Springs Road, then east 
to Sloan's Bridge, then east along Sloan Road to its intersection with 
Round Butte Road, then east along Round Butte Road to Valley View Road, 
then north along Valley View Road to its intersection with Kerr Dam 
Road, then north and east to Polson, the point of beginning. Lands 
outside those boundaries will close to Canada goose hunting at sunset 
on January 8, 1995.
    General Conditions. Nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations contained in 50 CFR Part 20 
regarding manner of taking. In addition, shooting hours are sunrise to 
sunset and each waterfowl hunter 16 years of age or older must carry on 
his/her person a valid Migratory Bird Hunting and Conservation Stamp 
(Duck Stamp) signed in ink across the face. Special regulations 
established by the Confederated Salish and Kootenai Tribes also apply 
on the reservation.
    (i) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort 
Hall, Idaho (Nontribal Hunters)
    Ducks.
    Season Dates: Begin October 22, end December 19, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 4, 
including no more than 3 mallards (only 1 of which may be a female), 1 
pintail, 1 canvasback and 2 redheads. The possession limit is twice the 
daily bag limit.
    Mergansers.
    Season Dates: Begin October 22, end December 19, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 5, and the 
possession limit is 10.
    Coots.
    Season Dates: Begin October 22, end December 19, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 25, and the 
possession limit is limited to the daily bag (25).
    Geese.
    Season Dates: Begin October 8, 1994, end January 8, 1995.
    Daily Bag and Possession Limits: The bag limit is 3 in the 
aggregate of all species, with no more than 2 white-fronted geese. The 
possession limit is twice the daily bag limit.
    Common Snipe.
    Season Dates: Begin October 22, end December 19, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 8, and the 
possession limit is 16.
    General Conditions: Nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must have in his/her possession a valid 
Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in 
ink across the face. Other regulations established by the Shoshone-
Bannock Tribes also apply on the reservation.
    (j) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota (Tribal Members and Nontribal Hunters)
    Ducks.
    Season Dates: Begin October 29, end December 11, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 4, of 
which: only 1 may be a female mallard; only 1 may be a canvasback, only 
1 may be a redhead; only 1 may be a pintail; only 2 may be wood ducks; 
and only 1 may be a hooded merganser. The possession limit is 8, the 
makeup of which may be no more than twice each of the above.
    Dark Geese.
    Canada, Brant and White-fronted Geese.
    Season Dates: Begin October 9, 1994, end January 1, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 2 dark 
geese, which can include no more than 1 white-fronted goose (or brant). 
The possession limit is twice the daily bag limit.
    Light Geese.
    Season Dates: Begin October 9, 1994, end January 1, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 10, and the 
possession limit is 20.
    General Conditions: The waterfowl hunting regulations established 
by this final rule apply only to tribal and trust lands within the 
external boundaries of the reservation. Tribal and nontribal hunters 
will comply with basic Federal migratory bird hunting regulations in 50 
CFR Part 20 regarding shooting hours and manner of taking. In addition, 
each waterfowl hunter 16 years of age or over must carry on his/her 
person a valid Migratory Bird Hunting and Conservation Stamp (Duck 
Stamp) signed in ink across the face. Special regulations established 
by the Crow Creek Sioux Tribe also apply on the reservation.
    (k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters)
    Ducks (including mergansers).
    Season Dates: Begin October 8, end November 27, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 4, 
including no more than 1 pintail, 1 mottled duck, 1 redhead, 1 
canvasback, 2 wood ducks, 1 female mallard and 1 hooded merganser. The 
possession limit is twice the daily bag limit.
    Geese.
    Dark Geese.
    Season Dates: Begin October 1, end December 25, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 2 Canada 
geese or 1 Canada goose and 1 white-fronted goose (or 1 brant). The 
possession limit is twice the daily bag limit.
    White Geese.
    Season Dates: Begin October 1, 1994, end December 25, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 10, and the 
possession limit is 20.
    General Conditions: All hunters shall comply with the basic Federal 
migratory bird hunting regulations in 50 CFR Part 20, including the use 
of steel shot. Nontribal hunters are required to have in their 
possession a validated Migratory Waterfowl Hunting and Conservation 
Stamp. The Lower Brule Sioux Tribe has an official Conservation Code 
that hunters must adhere to when hunting in areas subject to control by 
the tribe.
    (l) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and 
Nontribal Hunters)
    Ducks including Mergansers.
    Season Dates: Begin October 29, end December 6, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 4 ducks, of 
which only 1 may be a female mallard; only 1 may be a redhead; only 1 
may be a pintail; only 2 may be wood ducks; and only 1 may be a hooded 
merganser. Other merganser species, than hooded, must be included in 
the duck limit. The possession limit is 8, the makeup of which may be 
no more than double each of the above daily bag limits.
    Coots.
    Season Dates: Begin October 29, end December 6, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 15, and the 
possession limit is 30.
    Dark Geese (Tribal and Nontribal).
    Season Dates: Begin October 1, end December 18, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 2, which 
may include no more than 1 white-fronted goose (or brant). The 
possession limit is twice the daily bag limit.
    White Geese (Tribal and Nontribal).
    Season Dates: Begin October 1, end December 18, 1994.
    Daily Bag and Possession Limits: The daily bag limit is 10, and the 
possession limit is 20.
    Special Season: For tribal and nontribal hunters, a special 
extended goose season will be held in the Chalk Rock Colony area of the 
Yankton Sioux Reservation. This season begins at the close of the 
regular goose season, December 19, 1994, in Goose Hunting Unit 2 and 
extends through January 8, 1995. Information on this special season, 
including bag limits and other regulations, may be obtained from the 
Bureau of Indian Affairs Office in Wagner, South Dakota.
    General Conditions: (1) The waterfowl hunting regulations 
established by this final rule apply to tribal and trust lands within 
the external boundaries of the reservation. (2) Tribal and nontribal 
hunters will comply with all basic Federal migratory bird hunting 
regulations in 50 CFR Part 20 regarding shooting hours and manner of 
taking. In addition, each waterfowl hunter 16 years of age or older 
must carry on his/her person a valid Migratory Bird Hunting and 
Conservation Stamp (Duck Stamp) signed in ink across the face. Special 
regulations established by the Yankton Sioux Tribe also apply on the 
reservation.
    (m) Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Nontribal Hunters)
    Ducks.
    Season Dates: Begin November 13, 1994, end January 20, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 4, of which 
no more than 3 may be mallards (including only 1 female), 1 pintail, 1 
canvasback and 2 redheads. The possession limit is twice the daily bag 
limit.
    Coots.
    Season Dates: Begin November 13, 1994, end January 20, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 25, and the 
possession limit is restricted to the daily bag limit (25).
    Geese.
    Season Dates: Begin October 15, 1994, end January 22, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 4, and the 
possession limit is 8. However, there are restrictions on white-fronted 
(daily/possession limits, 2 and 4) and snow geese (daily/possession, 3 
and 6) statewide.
    Brant.
    Season Dates: Begin January 7, 1994, end January 22, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 2, and the 
possession limit is 4.
    Snipe.
    Season Dates: Begin November 13, 1994, end February 28, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 8, and the 
possession limit is 16.
    General Conditions: All hunters are required to adhere to shooting 
hour regulations of one-half hour before sunrise to sunset, and a 
number of other special regulations enforced by the tribes.

    Dated: September 8, 1994.
George T. Frampton,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-23505 Filed 9-21-94; 8:45 am]
BILLING CODE 4310-55-P