[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50706-50711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24239]




[[Page 50705]]

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Part VII





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting Regulations on Certain Federal Indian 
Reservations and Ceded Lands for the 1995-96 Late Season; Final Rule

  Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / 
Rules and Regulations  

[[Page 50706]]


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 
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 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 seasons and bag limits and, thus, harvest at levels 
compatible with populations and habitat conditions.
EFFECTIVE DATE: This rule takes effect September 30, 1995.
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: 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 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 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 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 August 17, 1995, 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, 1995 (60 FR 46012). 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.
    This year, the Service's annual breeding duck survey recorded an 
estimated 35.9 million ducks, a 10 percent increase from 32.5 million 
last year. Breeding mallard populations rose 18 percent to 8.3 million, 
the highest level since 1972 and above the North American Waterfowl 
Management Plan's goal of 8.1 million. Based on survey and production 
data, the Service is projecting a fall-flight index of about 80 million 
ducks from the traditional surveyed areas, up 13 percent from last 
year's estimate of 71 million. As a result, the Service has responded 
by proposing Flyway frameworks including longer seasons and larger 
daily bag limits for the 1995-96 waterfowl hunting season (August 28, 
1995, Federal Register, 60 FR 44463). The fact that 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 1995-96 migratory bird hunting season, the Service proposed 
regulations for 17 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 late-season 
proposals are included in this final rulemaking; 14 tribes made 
proposals with late seasons. Nine tribes were 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 Arizona Game and Fish 
Department (AGFD), dated August 25, 1995, generally supporting the 
season proposals by Arizona tribes. The AGFD did, however, comment on 
aspects of the proposals from the Colorado River Tribes and the White 
Mountain Apache 

[[Page 50707]]
Tribe. In particular, AGFD was concerned about the apparent lack of a 
hen mallard restriction in the Colorado River Indian Tribes' proposal 
and the White Mountain Apache Tribe's proposal of 2 canvasbacks per day 
in the daily bag limit.
    While the above two proposals are not exactly in accordance with 
the Pacific Flyway's frameworks, the Service's position has generally 
been that there must be a certain amount of latitude and flexibility in 
the guidelines developed and established for tribal requests for 
special migratory bird hunting seasons. The 1985 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 and non-tribal 
members on their reservations. Specifically regarding the Colorado 
River Indian Tribes' and the White Mountain Apache Tribe's proposals, 
the Service points out that both tribes have established more 
conservative daily bag limits and seasons than those allowed in the 
proposed Pacific Flyway frameworks. The Colorado River Indian Tribes 
have selected a 4-bird daily bag limit and a 59-day season while the 
White Mountain Apache Tribe has selected a 3-bird daily bag limit and a 
58-day season. Pacific Flyway frameworks for the 1995-96 hunting season 
allow for a 93-day season and a 6-bird daily bag limit.
    Other comments from States regarding tribally proposed regulations, 
received earlier, were addressed in the early-season final rule 
published on September 1, 1995.
    In summary, this rule amends section 20.110 of 50 CFR to make 
current for the late 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 liberalization that the Service has determined is 
biologically feasible for this current season, based on the improved 
status of ducks.

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 Service at the address indicated 
under the caption ADDRESSES.
    In an August 1995 finding, 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. Among other things, 
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 March 24 Federal Register, 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 later. 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 final rule are Ron W. 
Kokel and 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 17, 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 late-hunting season beginning on or about 
September 30, 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 

[[Page 50708]]
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 30, 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 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) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and 
Nontribal Hunters)

Ducks (including mergansers)
    Season Dates: Begin October 15, end November 12, 1995; then open 
December 9, 1995, close January 7, 1996.
    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 15, end November 12, 1995; then open 
December 9, 1995, close January 7, 1996.
    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.
Geese
    Season Dates: Begin October 21, 1995, end January 22, 1996.
    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 for all persons 12 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) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Nontribal Hunters)

Ducks (including mergansers)
    Season Dates: Begin September 30, end December 31, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 6, 
including no more than 1 female mallard, 2 pintails, 1 canvasback and 2 
redheads. The possession limit is twice the daily bag limit.
Coots
    Season Dates: Begin September 30, end December 31, 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 September 30, 1995, end January 7, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 4. The 
possession limit is twice the daily bag limit.
    White
    Season Dates: Begin September 30, 1995, end January 7, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 3, and the 
possession limit is 6.
    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.

(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota (Tribal Members and Nontribal Hunters)

Ducks and mergansers
    Season Dates: Begin October 28, end December 23, 1995.
    Daily Bag and Possession Limits: The daily bag limit for ducks is 
5, which may include no more than 1 female mallard, 1 mottled duck, 1 
canvasback, 1 redhead, 1 pintail, and 2 wood ducks. The daily bag limit 
for mergansers is 5, which may include no more than 1 hooded merganser. 
The possession limit is twice the daily bag limit.
Dark Geese
    Canada, Brant and White-fronted Geese
    Season Dates: Begin October 7, 1995, end January 7, 1996.
    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 7, 1994, end January 7, 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.

(d) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only)

Ducks
    Michigan, 1836 Treaty Zone:
    Season Dates: Begin October 1, end November 30, 1995.
    Daily Bag Limit: The daily bag limit is 5, including no more than 4 
mallards (only 1 of which may be a female), 1 black duck, 1 pintail, 2 
wood ducks, and 1 canvasback.
Other Geese (Brant, Blue, Snow, and White-fronted)
    Michigan, 1836 Treaty Zone:
    Season Dates: Begin October 1, end November 30, 1995.
    Daily Bag Limit: The daily bag limit is 5.
    General Conditions: A valid Grand Traverse Band Tribal license is 
required and must be in possession before taking any wildlife. Persons 
twelve years and older are required to have a valid permit. All other 
basic regulations contained in 50 CFR part 20 are valid. Other tribal 
regulations apply, and may be obtained at the tribal office in Suttons 
Bay, Michigan. 

[[Page 50709]]


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

Ducks
    Michigan, 1842 Treaty Zone:
    Season Dates: Begin September 30, end November 18, 1995.
    Daily Bag Limit: The daily bag limit is 5, including no more than 4 
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 September 30 and end November 18, 
1995; Middle Zone, begin October 7 and end November 25, 1995; South 
Zone, begin October 14 and end December 2, 1995.
    Daily Bag Limit: The daily bag limit is 5, including no more than 4 
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 September 30, end November 18, 1995.
    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 September 30 and end November 18, 
1995; Middle Zone, begin October 7 and end November 25, 1995; South 
Zone, begin October 14 and end December 2, 1995.
    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 23, end November 1, 1995.
    Daily Bag Limit: The daily bag limit is 5.
    Michigan, 1836 Treaty Zone:
    Season Dates: North Zone, begin September 23 and end November 1, 
1995; Middle Zone, begin October 7 and end November 15, 1995; South 
Zone, begin October 14 and end December 2, 1995.
    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 23, end November 18, 1995.
    Daily Bag Limit: The daily bag limit is 7, minus the number of 
Canada geese taken and including no more than 2 white-fronted geese.
    Michigan, 1836 Treaty Zone:
    Season Dates: North Zone, begin September 23 and end November 18, 
1995; Middle Zone, begin October 7 and end November 25, 1995; South 
Zone, begin October 14 and end December 2, 1995.
    Daily Bag Limit: The daily bag limit is 7, minus the number of 
Canada geese taken and including no more than 2 white-fronted geese.
Coots and Common Moorhens (Gallinule)
    Michigan, 1842 Treaty Zone:
    Season Dates: Begin September 30, end November 18, 1995.
    Daily Bag Limit: The daily bag limit is 20, singly or in the 
aggregate.
    Michigan, 1836 Treaty Zone:
    Season Dates: North Zone, begin September 30 and end November 18, 
1995; Middle Zone, begin October 7 and end November 25, 1995; South 
Zone, begin October 14 and end December 2, 1995.
    Daily Bag Limit: The daily bag limit is 20, singly or in the 
aggregate.
    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.

(f) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Nontribal Hunters)

Ducks (including mergansers)
    Season Dates: Begin October 14, end November 30, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 6, 
including no more than 1 female mallard, 2 pintails and 2 redheads. The 
season on canvasbacks is closed. The possession limit is twice the 
daily bag limit.
Geese
    The 1995-96 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.

(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Nontribal 
Hunters)

Ducks
    Season Dates: Begin October 1, 1995, end January 31, 1996. During 
this period, days to be hunted are specified by the Kalispel Tribe as 
weekends, holidays and for a continuous period in the month of December 
for a total of 66 days. Nontribal hunters should contact the tribe for 
more detail on hunting days.
    Daily Bag and Possession Limits: The daily bag limit is 6 ducks, 
including no more than 1 female mallard, 2 pintails, 1 canvasback and 2 
redheads. The possession limit is twice the daily bag limit.
Geese
    Season Dates: Begin October 1, 1995, end January 31, 1996. During 
this period, days to be hunted are specified 

[[Page 50710]]
by the Kalispel Tribe as weekends, holidays and for a continuous period 
during the month of December for a total of 66 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 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.

(h) Klamath Tribe, Chiloquin, Oregon (Tribal Members)

Ducks
    Season Dates: Begin October 1, 1995, end January 28, 1996.
    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, 1995, end January 28, 1996.
    Daily Bag and Possession Limits: The daily bag and possession 
limits are 25.
Geese
    Season Dates: Begin October 1, 1995, end January 28, 1996.
    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.

(i) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters)

Ducks (including mergansers)
    Season Dates: Begin October 7, end December 28, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 5, 
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 7, end December 31, 1995.
    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 7, end December 31, 1995.
    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.

(j) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and 
Nontribal Hunters)

Ducks
    Season Dates: Begin September 30, end December 31, 1995.
    Daily Bag and Possession Limits: The bag limit is 6, including no 
more than 1 female mallard, 1 pintail, 1 canvasback and 2 redheads. The 
possession limit is twice the daily bag limit for each sex and/or 
species.
Dark Geese
    Season Dates: Begin September 30, 1995, end January 7, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 2 and the 
possession limit is 4.
Coots and Common Moorhens
    Season Dates: Begin September 30, end December 31, 1995.
    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.

(k) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho (Nontribal Hunters)

Ducks (including Mergansers)
    Season Dates: Begin October 7, 1995, end January 7, 1996.
    Daily Bag and Possession Limits: The daily bag limit for ducks is 
6, including no more than 1 female mallard, 2 pintails, 1 canvasback 
and 2 redheads. The daily bag limit for mergansers is 5. The possession 
limit is twice the daily bag limit.
Coots
    Season Dates: Begin October 7, 1995, end January 7, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 10, and the 
possession limit is 20.
Geese
    Season Dates: Begin October 7, 1995, end January 14, 1996.
    Daily Bag and Possession Limits: The bag limit is 4 geese, 
including not more than 3 light geese and 2 white-fronted geese. The 
possession limit is twice the daily bag limit.
Common Snipe
    Season Dates: Begin October 7, 1995, end January 7, 1996.
    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.

(l) Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Nontribal Hunters)

Ducks
    Season Dates: Begin October 20, 1995, end January 21, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 6, which 
may include no more than 1 female mallard, 2 pintails, 1 canvasback and 
2 redheads. The possession limit is twice the daily bag limit.
Coots
    Season Dates: Begin October 20, 1995, end January 21, 1996.
    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 13, 1995, end January 21, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 4, 
including 4 dark geese but no more than 3 light geese. 

[[Page 50711]]
The possession limit is twice the daily bag limit.
Brant
    Season Dates: Begin January 6, 1996, end January 21, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 2, and the 
possession limit is 4.
Snipe
    Season Dates: Begin October 20, 1995, end January 21, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 8, and the 
possession limit is 16.
    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.

(m) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)

Ducks (Including Mergansers)
    Season Dates: Begin November 11, 1995, end January 7, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 3, 
including no more than 1 female mallard, 1 redhead, 2 canvasbacks and 1 
pintail. The possession limit is twice the daily bag limit.
Coots, Moorhens and Gallinules
    Season Dates: Begin November 11, 1995, end January 7, 1996.
    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.
Canada Geese
    Season Dates: Begin November 11, 1995, end January 7, 1996.
    Bag and Possession Limits: The daily bag limit is 2, and the 
possession limit is 4.
    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 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. 
The remaining reservation waters will be closed to waterfowl hunting 
during the 1995-96 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.

(n) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and 
Nontribal Hunters)

Ducks (including Mergansers)
    Season Dates: Begin November 4, end December 13, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 5 ducks, 
which may include no more than 1 female mallard, 1 redhead, 1 pintail, 
and 2 wood ducks. The merganser daily bag limit is 5, of which no more 
than 1 may be a hooded merganser. The possession limit is twice the 
daily bag limit.
Coots
    Season Dates: Begin November 4, end December 13, 1995.
    Daily Bag and Possession Limits: The daily bag limit is 15, and the 
possession limit is 30.
Dark Geese
    Season Dates: Begin October 14, 1995, end January 7, 1996.
    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
    Season Dates: Begin October 14, 1995, end January 7, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 10, and the 
possession limit is 20.
    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.

    Dated: September 25, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-24239 Filed 9-28-95; 8:45 am]
BILLING CODE 4310-55-F