[Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
[Rules and Regulations]
[Pages 46012-46016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21788]




[[Page 46011]]

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Part VIII





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting: Federal Indian Reservations and Ceded Lands; 
Final Rule

  Federal Register / Vol. 60, No. 170 / Friday, September 1, 1995 / 
Rules and Regulations  

[[Page 46012]]


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AC79


Migratory Bird Hunting: Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 1995-96 
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 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 1, 1995.
ADDRESSES: Comments received, if any, on the proposed special hunting 
regulations and tribal proposals 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, Room 634-ARLSQ, 1849 C Street, NW, Washington, DC 
20240.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel or Dr. Keith A. 
Morehouse, 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 17, 1995 Federal Register (60 FR 42960), the U.S. 
Fish and Wildlife Service (Service) proposed special migratory bird 
hunting regulations for the 1995-96 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 have to be 
consistent with the March 10-September 1 closed season mandated by the 
1916 Migratory Bird Treaty with Canada.
    Tribes that desired special hunting regulations in the 1995-96 
hunting season were requested in the March 24, 1995, Federal Register 
(60 FR 15642) 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 proposed rule includes generalized regulations for 
both early and late season hunting, this rulemaking addresses only the 
early season proposals. Late season hunting will be addressed in the 
rulemaking to follow in September 1995. 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 those 
that begin about October 1 or later each year and have a primary 
emphasis on waterfowl.

Comments and Issues Concerning Tribal Proposals

    For the 1995-96 migratory bird hunting season, the Service proposed 
regulations for seventeen 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 have both early and late 
season elements. However, as noted earlier, only those with early 
season proposals are included in this final rulemaking; 9 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 18, 1995, closed on August 28, 
1995. Because of the brief comment period that was necessary, any 
comments received on the proposed rule and/or these early season 
regulations not responded to herein will be addressed in the late 
season final rule to be published in September.

Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin

    To date, the Service has received one letter regarding the proposal 
of the Great Lakes Indian Fish and Wildlife Commission (GLIFWC). The 
State of Wisconsin Department of Natural Resources (WIDNR) July 6, 1995 
letter to the GLIFWC, was copied to the Service. In this letter, the 
WIDNR communicated concerns regarding: (1) Canada goose bag limits of 
10 per day, and concern for the harvest of local giant Canada geese. 
With regard to giant Canada geese, WIDNR cited 10 or more years of 
effort to restore breeding populations that could be jeopardized by 
overharvest locally; (2) the length of other goose seasons and bag 
limits for the GLIFWC in comparison to those required for non-tribal 
hunters by the State of Wisconsin. The WIDNR thought that GLIFWC goose 
seasons and bag limits should be consistent with those of the State; 
(3) the September 15 opening of the duck season. The WIDNR continues to 
oppose the early duck season opener in concern for late nesting hens 
and their broods that might still be in molt or just recovering from 
the molt that would make them especially vulnerable to harvest; (4) the 
proposed duck daily bag limit to 20. The WIDNR believes that the 
proposed bag limits may negatively impact efforts by the State and 
others, including the GLIFWC, to restore local duck breeding 
populations in northern Wisconsin; and (5) honoring the noon 

[[Page 46013]]
opening for shooting hours for the first day of the State's duck 
season.
    It is necessary to place this proposal by the GLIFWC in the context 
of a tribal entity having court established legal rights on ceded 
lands. Further, it is the policy of the Service to recognize treaty 
rights wherever there is substantial proof that they occur, e.g., more 
recently in the Michigan 1836 Treaty area. Thus, the GLIFWC proposal 
has as its umbrella the recognition by the Federal Government of those 
reserved rights by bands to an unquantified amount of any harvestable 
migratory bird surpluses in the ceded areas. Our position derives from 
the special status that Native Americans have with regard to the 
Federal Government's trust responsibility, as well as precedent setting 
court decisions in Wisconsin and elsewhere when these reserved treaty 
rights have been at issue.
    As to the details of the proposal comments, our response continues 
to be that while the Commission's proposed bag limits are somewhat 
greater than they were several years ago, we disagree that they are 
``inconsistent with past FWS harvest and population management 
strategies'' and ``excessive'' for geese. The Service's position is 
that the current populations of birds can support the limited harvest 
of the bands. In past years, the numbers of ducks and geese taken 
annually by the Commission's member bands have been about 2,000 and 
500, respectively. In 1994-95, under nearly identical regulations, 1901 
ducks and 719 geese were taken. Under the proposed regulations, the 
annual harvest is anticipated to be approximately 3,000 ducks and 900 
geese. Further, the Commission has proposed specific sex and species 
considerations, in line with current management concerns. If approved, 
the Commission will be obligated to monitor the harvest to ensure that 
local breeding populations of ducks are not being adversely affected.
    The September 15 opening date for the GLIFWC meets the framework 
the Service has established for approval of tribal duck seasons. This 
date should provide ample time for even late broods and molting ducks 
to be flighted. These referenced guidelines were originally established 
by the Service's Region 3 Office in the Twin Cities, Minnesota, for use 
in the Great Lakes areas but have been generally applied elsewhere in 
the States, as appropriate. The Service also requests that tribal 
members honor both the noon opening for shooting hours for the first 
day of the State's duck season and Wisconsin's open water hunting 
restrictions.
    As these regulations are being approved in this early season final 
rule, it is incumbent upon the GLIFWC to continue to closely monitor 
both the duck and goose harvests to ensure that local and/or regional 
breeding populations are not being negatively impacted by an increased 
harvest.
    In summary, this rule amends section 20.110 of 50 CFR to make 
current for the early 1995-96 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 improved status of ducks and the need to maintain somewhat 
restrictive regulations to reduce harvest on some migratory bird 
populations.

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 (ESA), 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...'' Thus, the Service initiated Section 7 
consultation 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 ESA may be inspected by the public in, and will 
be available from, the Service's address given under the caption 
ADDRESSES.
    In an August 1995 finding, the Service 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. Among other reasons, hunting regulations are 
designed 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 Federal Register dated March 24, 1995 (60 FR 15642), the 
Service reported measures it had undertaken to comply with requirements 
of the Regulatory Flexibility Act and the Executive Order. These 
included preparing an Analysis of Regulatory Effects and an updated 
Final Regulatory Impact Analysis (FRIA), and publication of a summary 
of the latter. Although a FRIA is no longer required, the economic 
analysis contained in the FRIA was reviewed and the Service determined 
that it met the requirements of E.O. 12866. In addition, the Service 
prepared a Small Entity Flexibility Analysis, under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq), which further document the 
significant beneficial economic effect on a substantial number of small 
entities. This rule was not subject to review by the Office of 
Management and Budget under E.O. 12866.
    These regulations contain no information collections subject to OMB 
review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.). However, the Service does utilize information acquired through 
other various information collections in the formulation of migratory 
game bird hunting regulations. These information collection 
requirements have been approved by OMB and assigned clearance numbers 
1018-0005, 1018-0006, 1018-0008, 1018-0009, 1018-0010, 1018-0015, 1018-
0019, and 1018-0023.

Authorship

    The primary authors of this early season final rule are Ron W. 
Kokel and Dr. Keith A. Morehouse, Office of Migratory Bird Management.


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Regulations Promulgation

    The rulemaking process for migratory bird hunting must, by its 
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 18, 1995, 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 beginning of the early hunting season 
beginning on September 1, 1995.
    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 1, 1995.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.
    Accordingly, Part 20, Subchapter B, Chapter I of Title 50 of the 
Code of Federal Regulations is amended as follows:

PART 20--[AMENDED]

    1. The authority citation for Part 20 continues to read as follows:
    Authority: 16 U.S.C. 703-711, 16 U.S.C. 712, and 16 U.S.C. 742 
a-j. (Editorial Note: The following 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) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and 
Nonmembers)

Doves
    Season Dates: Open September 1, close September 10, 1995; then open 
November 25, close January 14, 1996.
    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 per day. 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) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only)

Canada Geese
    Michigan, 1836 Treaty Zone:
    Season Dates: Open September 1, close November 30, 1995, and open 
January 1, close February 7, 1996.
    Daily Bag Limit: The daily bag limit is 5.
    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.

(c) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 
(Tribal Members Only)

Ducks
    Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
    Season Dates: Open September 15, close November 7, 1995.
    Daily Bag Limit: The daily bag limit is 20, including no more than 
10 mallards; only 5 of which may be hen mallards; 4 black ducks; 4 
redheads, 4 pintails and 2 canvasbacks.
Mergansers
    Wisconsin and Minnesota Zones:
    Season Dates: Open September 15, close November 7, 1995.
    Daily Bag Limit: The daily bag limit is 5.
Canada Geese
    Wisconsin and Minnesota Zones:
    Season Dates: Open September 15, close December 1, 1995.
    Daily Bag Limit: The daily bag limit is 10, minus the number of 
blue, snow or white-fronted geese taken.
    Michigan, 1842 Treaty Zone:
    Season Dates: Open September 1, close September 10, 1995.
    Daily Bag Limit: The daily bag limit is 5.
    Michigan, 1836 Treaty Zone:
    Season Dates: Open September 1, close September 10, 1995, except 
for that small portion of the ceded territory which coincides with the 
State of Michigan's Southern Zone will open September 1 and close on 
September 15.
    Daily Bag Limit: The daily bag limit is 5.
Other Geese (Blue, Snow, and White-fronted)
    Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
    Season Dates: Open September 15, close December 1, 1995.
    Daily Bag Limit: The daily bag limit is 10, minus the number of 
Canada geese taken.
Coots and Common Moorhens (Gallinule)
    Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
    Season Dates: Open September 15, close November 7, 1995.
    Daily Bag Limit: The daily bag limit is 20, singly or in the 
aggregate.
Sora and Virginia Rails
    Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
    Season Dates: Open September 15, close November 7, 1995.
    Daily Bag Limit: The daily bag limit is 25, singly or in the 
aggregate. The possession limit is 25.
    Michigan, 1842 and 1836 Zones:
    Season Dates: Open September 15, close November 14, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 25, singly 
or in aggregate. The possession limit is 25.
Common Snipe
    Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
    Season Dates: Open September 15, close November 7, 1995.
    Daily Bag Limit: The daily bag limit is 8.
    Michigan, 1842 and 1836 Zones:
    Season Dates: Open September 15, close November 14, 1995.
    Daily Bag Limit: The daily bag limit is 8.

[[Page 46015]]

Woodcock
    Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
    Season Dates: Open September 5, close November 30, 1995.
    Daily Bag Limit: The daily bag limit is 5.
    Michigan, 1842 and 1836 Zones:
    Season Dates: Open September 15, close November 14, 1995.
    Daily Bag Limit: The daily bag limit is 5.
    General Conditions:
    (i) While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    (ii) 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. This Model 
Code was the subject of the stipulation in Lac Courte Oreilles v. State 
of Wisconsin regarding migratory bird hunting. Except as modified 
herein, 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.
    (iii) Tribal members in each zone will comply with State 
regulations providing for closed and restricted waterfowl hunting 
areas.
    (iv) Minnesota and Michigan--Duck Blinds and Decoys. Tribal members 
hunting in Minnesota will comply with tribal codes that contain 
provisions parallel to applicable State statutes. Tribal members 
hunting in Michigan will comply with tribal codes that contain 
provisions parallel to Michigan law regarding duck blinds and decoys.
    (v) 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 specified.
    (vi) 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 statutes. All migratory birds which fall on reservation lands 
will not count as part of any off-reservation bag or possession limit.

(d) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and 
Nonmembers).

Band-tailed Pigeons
    Season Dates: Open September 1, close September 30, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 5 and the 
possession limit is 10.
Mourning Doves
    Season Dates: Open September 1, close September 30, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 10 and the 
possession limit is 20.
    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.

(e) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members).

Ducks
    Season Dates: Open September 15, close November 30, 1995.
    Daily Bag and Possession Limits: Daily bag limit is 5, including no 
more than 3 mallards (only 1 of which can be a mallard hen), 4 wood 
ducks, 1 canvasback, 1 redhead, 2 pintails, and 1 hooded merganser. 
Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 1, close November 30, 1995.
    Daily Bag and Possession Limits: Daily bag limit is 2 Canada geese, 
that 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.
Mourning Dove
    Season Dates: Open September 1, close November 30, 1995.
    Daily Bag and Possession Limits: Daily bag limit is 10, and the 
possession limit is 20.
Woodcock
    Season Dates: Open September 1, close November 30, 1995.
    Daily Bag and Possession Limits: Daily bag limit is 6, and the 
possession limit is 12.
    General Conditions: Indians and non-Indians 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. Indian 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.

(f) Seminole Tribe of Florida, Big Cypress Seminole Reservation, 
Clewiston, Florida (Tribal and Non-tribal Members).

Mourning Doves
    Season Dates: Open September 20, 1995, close January 15, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 12 and the 
possession limit is 24.
    General Conditions: Hunting would be on Sundays only from 1:00 p.m. 
to sunset. All other Federal regulations contained in 50 CFR part 20 
would apply.

(g) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members)

Ducks
    Season Dates: Open September 15, 1995, close January 15, 1996.
    Daily Bag and Possession Limits: Daily bag limit is 5, 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, 1995, close January 15, 1996.
    Daily Bag and Possession Limits: Daily bag limit is 4 birds per day 
and can 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, 1995.
    Daily Bag and Possession Limits: Daily bag limit is 2, and the 
possession limit is 4.
Coots
    Season Dates: Open September 15, 1995, close January 15, 1996.
    Daily Bag and Possession Limits: Daily bag limit is 25.

[[Page 46016]]

Snipe
    Season Dates: Open September 15, 1995, and close January 15, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 8, with 16 
in possession.
Band-tailed Pigeons
    Season Dates: Open September 15, close December 1, 1995.
    Daily Bag and Possession Limits: Daily bag limit is 2, and the 
possession limit is 4.
    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.

(h) Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members)

Ducks/Coot
    Season Dates: Open September 15, 1995, and close February 1, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 6, with 12 
in possession; 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, 1995, and close February 1, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 6, with 12 
in possession; except that the bag limits for brant and cackling and 
dusky Canada geese are those established for the Pacific Flyway in 
accordance with final Federal frameworks, to be announced. The tribes 
also set a maximum annual bag limit on ducks and geese for those tribal 
members who engage in subsistence hunting.
Snipe
    Season Dates: Open September 1, 1995, and close February 1, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 6, with 12 
in possession.
    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.

(i) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nonmembers).

Band-tailed Pigeons
    Season Dates: Open September 1, close September 10, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 3 and the 
possession limit is 6.
Mourning Doves
    Season Dates: Open September 1, close September 10, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 8 and the 
possession limit is 16.
    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 nontribal 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 29, 1995
George T. Frampton, Jr.,
George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 95-21788 Filed 8-31-95; 8:45 am]
BILLING CODE 4310-55-F