[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Rules and Regulations]
[Pages 46352-46357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22249]


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DEPARTMENT OF THE INTERIOR
50 CFR Part 20

RIN 1018-AD69


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 1996-97 
Early Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule prescribes special early season migratory bird 
hunting regulations for certain tribes on Federal Indian reservations, 
off-reservation trust lands and ceded lands. This responds to tribal 
requests for U.S. Fish and Wildlife Service (hereinafter Service) 
recognition of their authority to regulate hunting under established 
guidelines. This rule allows the establishment of season bag limits 
and, thus, harvest at levels compatible with populations and habitat 
conditions.

EFFECTIVE DATE: This rule takes effect on September 1, 1996.

ADDRESSES: The public may inspect comments received, if any, on the 
proposed special hunting regulations and tribal proposals during normal 
business hours in Room 634, Arlington Square Building, 4401 N. Fairfax 
Drive, Arlington, Virginia. The public should send communications 
regarding the documents 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, 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 16, 1996, Federal Register (61 FR 42730), the Service 
proposed special migratory bird hunting regulations for the 1996-97 
hunting season for certain Indian tribes, under the guidelines 
described in the June 4, 1985, Federal Register (50 FR 23467). The 
guidelines responds 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 must 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Migratory Bird Treaty with Canada.
    In the March 22, 1996, Federal Register (61 FR 11986), the Service 
requested that tribes desiring special hunting regulations in the 1996-
97 hunting season submit a proposal including 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 established by the State(s) in which an Indian reservation 
is located. The Service has successfully used the guidelines since the 
1985-86 hunting season. The Service finalized the guidelines beginning 
with the 1988-89 hunting season (August 18, 1988, Federal Register [53 
FR 31612]).
    Although the proposed rule included generalized regulations for 
both early- and late-season hunting, this rulemaking addresses only the 
early-season proposals. Late-season hunting will be addressed in late-
September. As

[[Page 46353]]

a general rule, early seasons begin during September each year and have 
a primary emphasis on such species as mourning and white-winged dove. 
Late seasons begin about October 1 or later each year and have a 
primary emphasis on waterfowl.

Comments and Issues Concerning Tribal Proposals

    For the 1996-97 migratory bird hunting season, the Service proposed 
regulations for 22 tribes and/or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. Some 
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with early-
season proposals are included in this final rulemaking; 10 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 16, 1996, closed on August 26, 
1996. Because of the necessary brief comment period, the Service will 
respond to any comments received on the proposed rule and/or these 
early-season regulations not responded to herein in the September late-
season final rule.

Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin

    To date, the Service has received one comment letter. The Wisconsin 
Department of Natural Resources (WIDNR) July 5, 1996, letter to the 
Great Lakes Indian Fish and Wildlife Commission (GLIFWC), was copied to 
the Service. In this letter, the WIDNR communicated concerns regarding: 
(1) The suggested monitoring of harvest impacts on giant Canada geese; 
(2) the consistency between the length of other goose seasons and bag 
limits for the GLIFWC and the State of Wisconsin; (3) the initiation 
and completion of studies on the impacts of a September 15 duck season 
opening on local breeding populations; and (4) honoring the noon 
opening for shooting hours for the first day of the State's duck season 
and the State's open water hunting restrictions.
    The Service believes it is necessary to place this GLIFWC proposal 
in the context of a tribal entity having court established legal rights 
on ceded lands. Further, the Service's policy is 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 remains 
that the current populations of birds can support the bands' limited 
harvest. In past years, the GLIFWC's member bands have annually 
harvested about 2,000 and 500 ducks and geese, respectively. In 1995-
96, under nearly identical regulations, 2,747 ducks and 319 geese were 
harvested. Under the proposed regulations, the GLIFWC anticipates an 
annual harvest of approximately 3,000 ducks and 900 geese. Further, the 
GLIFWC's proposed specific sex and species considerations are in line 
with current management concerns. If approved, the GLIFWC is obligated 
to monitor harvest to ensure that local breeding populations of ducks 
are not being adversely affected.
    The September 15 opening date for the GLIFWC meets the Service's 
established framework for approval of tribal duck seasons. This date 
should provide ample time for even late broods and molting ducks to be 
flighted. Originally established by the Service's Region 3 Office in 
the Twin Cities, Minnesota, for use in the Great Lakes areas, these 
guidelines 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 the Service is approving these regulations in this early season 
final rule, it is incumbent upon the GLIFWC to continue to closely 
monitor both duck and goose harvests to ensure that local and/or 
regional breeding populations are not being negatively impacted by 
harvest.

NEPA Consideration

    NEPA considerations are covered by the programmatic document, 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with EPA on June 9, 1988. The Service published a Notice 
of Availability in the June 16, 1988, Federal Register (53 FR 22582). 
The Service published its Record of Decision on August 18, 1988 (53 FR 
31341). Copies of these documents are available from the Service at the 
address indicated under the caption ADDRESSES.

Endangered Species Act Consideration

    As in the past, the Service designs hunting regulations to remove 
or alleviate chances of conflict between migratory game bird hunting 
seasons and the protection and conservation of endangered and 
threatened species. Consultations were conducted to ensure that actions 
resulting from these regulatory proposals will not likely jeopardize 
the continued existence of endangered or threatened species or result 
in the destruction or adverse modification of their critical habitat. 
Findings from these consultations are included in a biological opinion 
and may have caused modification of some regulatory measures previously 
proposed. The final frameworks reflect any modifications. The Service's 
biological opinions resulting from its Section 7 consultation are 
public documents available for public inspection in the Service's 
Division of Endangered Species and MBMO, at the address indicated under 
the caption ADDRESSES.

Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the 
Paperwork Reduction Act

    In the March 22, 1996, Federal Register, the Service reported 
measures it took to comply with requirements of the Regulatory 
Flexibility Act and E.O. 12866. One measure was to prepare a Small 
Entity Flexibility Analysis (Analysis) in 1995 documenting the 
significant beneficial economic effect on a substantial number of small 
entities. The Analysis estimated that migratory bird hunters would 
spend between $258 and $586 million at small businesses. Copies of the 
Analysis are available upon request from the Office of Migratory Bird 
Management. The Service is currently updating and expanding the 1995 
Analysis. This rule was not subject to review by the Office of 
Management and Budget under E.O. 12866.
    The Department examined these proposed regulations under the 
Paperwork Reduction Act of 1995 and found no information collection 
requirements.

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, the Service 
intends that the public be given the greatest possible opportunity to 
comment on the regulations. Thus, when the preliminary proposed 
rulemaking was published,

[[Page 46354]]

the Service established what it believed were the longest periods 
possible for public comment. In doing this, the Service recognized that 
when the comment period closed, time would be of the essence. That is, 
if there were a delay in the effective date of these regulations after 
this final rulemaking, the States would have insufficient time to 
select season dates and limits; to communicate those selections to the 
Service; and to establish and publicize the necessary regulations and 
procedures to implement their decisions.
    Therefore, the Service, under authority of the Migratory Bird 
Treaty Act (July 3, 1918), as amended, (16 U.S.C. 703-711), prescribes 
final frameworks setting forth the species to be hunted, the daily bag 
and possession limits, the shooting hours, the season lengths, the 
earliest opening and latest closing season dates, and hunting areas, 
from which State conservation agency officials may select hunting 
season dates and other options. Upon receipt of season and option 
selections from these officials, the Service will publish in the 
Federal Register a final rulemaking amending 50 CFR part 20 to reflect 
seasons, limits, and shooting hours for the conterminous United States 
for the 1996-97 season.
    The Service therefore finds that ``good cause'' exists, within the 
terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and 
these frameworks will, therefore, take effect immediately upon 
publication.

Unfunded Mandates

    The Service has determined and certifies in compliance with the 
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that 
this rulemaking will not impose a cost of $100 million or more in any 
given year on local or State government or private entities.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that these regulations meet the applicable standards provided in 
Sections 3(a) and 3(b)(2) of Executive Order 12988.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.
    1. The authority citation for part 20 continues to read as follows:

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

(Editorial Note: The following 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 
Non-Tribal Hunters)

Doves
    Season Dates: Open September 1, close September 15, 1996; then open 
November 16, close January 15, 1997.
    Daily Bag and Possession Limits: For the early season, daily bag 
limit is 10 mourning or 10 white-winged doves, singly, or in the 
aggregate. For the late season, the daily bag limit is 10 mourning 
doves. Possession limits are twice the daily bag limits.
    General Conditions: A valid Colorado River Indian Reservation 
hunting permit is required for all persons 14 years and older and must 
be in possession before taking any wildlife on tribal lands. Any person 
transporting game birds off the Colorado River Indian Reservation must 
have a valid transport declaration form. Other tribal regulations 
apply, and may be obtained at the Fish and Game Office in Parker, 
Arizona.

(b) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only)

Ducks
    Minnesota 1854 Zone:
    Season Dates: Open September 14, close November 24, 1996.
    Daily Bag Limit: 20 ducks, 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
    Minnesota 1854 Zone:
    Season Dates: Open September 14, close November 24, 1996.
    Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
merganser.
Geese
    Minnesota 1854 Zone:
    Season Dates: Open September 7, close November 24, 1996.
    Daily Bag Limit: 10 geese.
Coots and Common Moorhens (Gallinule)
    Minnesota 1854 Zone:
    Season Dates: Open September 14, close November 24, 1996.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
    Minnesota 1854 Zone:
    Season Dates: Open September 7, close November 24, 1996.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate. The possession limit is 25.
Common Snipe
    Minnesota 1854 Zone:
    Season Dates: Open September 1, close November 24, 1996.
    Daily Bag Limit: 8 snipe.
Woodcock
    Minnesota 1854 Zone:
    Season Dates: Open September 1, close November 24, 1996.
    Daily Bag Limit: 5 woodcock.
    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--Duck Blinds and Decoys. Tribal members hunting in 
Minnesota will comply with tribal codes that contain provisions 
parallel to applicable State statutes.
    (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

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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.

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

Ducks
    Michigan, 1836 Treaty Zone:
    Season Dates: Open September 15, close November 30, 1996.
    Daily Bag Limit: 7 ducks, which may include no more than 1 pintail, 
1 canvasback, 1 black duck, 2 wood ducks, 2 redheads, and 2 hen 
mallards.
Canada Geese
    Michigan, 1836 Treaty Zone:
    Season Dates: Open September 1, close November 30, 1996, and open 
January 1, close February 7, 1997.
    Daily Bag Limit: 5 geese.
    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.

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

Ducks
    Wisconsin and Minnesota 1837 and 1842 Zones:
    Season Dates: Open September 15, close November 7, 1996.
    Daily Bag Limit: 20 ducks, 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 1837 and 1842 Zones:
    Season Dates: Open September 15, close November 7, 1996.
    Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
merganser.
Canada Geese
    Wisconsin and Minnesota 1837 and 1842 Zones:
    Season Dates: Open September 15, close December 1, 1996.
    Daily Bag Limit: 10 geese, minus the number of blue, snow or white-
fronted geese taken.
    Michigan, 1842 Treaty Zone:
    Season Dates: Open September 1, close September 10, 1996.
    Daily Bag Limit: 5 geese.
    Michigan, 1836 Treaty Zone:
    Season Dates: Open September 1, close September 10, 1996, 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: 5 geese.
Other Geese (Blue, Snow, and White-fronted)
    Wisconsin and Minnesota 1837 and 1842 Zones:
    Season Dates: Open September 15, close December 1, 1996.
    Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
Coots and Common Moorhens (Gallinules)
    Wisconsin and Minnesota 1837 and 1842 Zones:
    Season Dates: Open September 15, close November 7, 1996.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
    Wisconsin and Minnesota 1837 and 1842 Zones:
    Season Dates: Open September 15, close November 7, 1996.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate. The possession limit is 25.
    Michigan, 1842 and 1836 Zones:
    Season Dates: Open September 15, close November 14, 1996.
    Daily Bag and Possession Limits: 25 sora and Virginia rails, singly 
or in aggregate. The possession limit is 25.
Common Snipe
    Wisconsin and Minnesota 1837 and 1842 Zones:
    Season Dates: Open September 15, close November 7, 1996.
    Daily Bag Limit: 8 snipe.
    Michigan, 1842 and 1836 Zones:
    Season Dates: Open September 15, close November 14, 1996.
    Daily Bag Limit: 8 snipe.
Woodcock
    Wisconsin and Minnesota 1837 and 1842 Zones:
    Season Dates: Open September 3, close November 30, 1996.
    Daily Bag Limit: 5 woodcock.
    Michigan, 1842 and 1836 Zones:
    Season Dates: Open September 15, close November 14, 1996.
    Daily Bag Limit: 5 woodcock.
    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.

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

Band-tailed Pigeons
    Season Dates: Open September 1, close September 30, 1996.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, close September 30, 1996.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

[[Page 46356]]

    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.

(f) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members)

Ducks
    Season Dates: Open September 15, close November 30, 1996.
    Daily Bag and Possession Limits: 5 ducks, 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, 1996.
    Daily Bag and Limits: 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, 1996.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Woodcock
    Season Dates: Open September 1, close November 30, 1996.
    Daily Bag and Possession Limits: 6 and 12 woodcock, respectively.
    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.

(g) Point No Point Treaty Tribes, Kingston, Washington (Tribal and Non-
Tribal Hunters)

Mourning Doves
    Season Dates: Open September 1, close September 15, 1996.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe
    Season Dates: Open September 1, close December 16, 1996.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

(h) Seminole Tribe of Florida, Big Cypress Seminole Reservation, 
Clewiston, Florida (Tribal and Non-Tribal Hunters)

Mourning Doves
    Season Dates: Open September 22, 1996, close January 15, 1997.
    Daily Bag and Possession Limits: 12 and 24 doves, respectively.
    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.

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

Ducks
    Season Dates: Open September 15, 1996, close January 15, 1997.
    Daily Bag and Possession Limits: 5 ducks, including no more than 1 
canvasback. The season on harlequin ducks is closed. Possession limit 
is twice the daily bag limit.

Geese
    Season Dates: Open September 15, 1996, close January 15, 1997.
    Daily Bag and Possession Limits: 4 geese, and may include no more 
than 2 snow geese and 1 dusky Canada goose. The season on Aleutian and 
Cackling Canada geese is closed. Possession limit is twice the daily 
bag limit.

Brant
    Season Dates: Open September 15, close December 31, 1996.
    Daily Bag and Possession Limits: 2 and 4 brant, respectively.

Coots
    Season Dates: Open September 15, 1996, close January 15, 1997.
    Daily Bag Limits: 25 coots.

Snipe
    Season Dates: Open September 15, 1996, and close January 15, 1997.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-tailed Pigeons
    Season Dates: Open September 15, close December 1, 1996.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General Conditions: All tribal hunters must obtain a Tribal Hunting 
Tag and Permit from the tribe's Natural Resources Department and must 
have the permit, along with the member's treaty enrollment card, on his 
or her person while hunting. Shooting hours are one-half hour before 
sunrise to one-half hour after sunset and steel shot is required for 
all migratory bird hunting. Other special regulations are available at 
the tribal office in Shelton, Washington.

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

Ducks/Coot
    Season Dates: Open September 15, 1996, and close February 1, 1997.
    Daily Bag and Possession Limits: 6 and 12 ducks, respectively; 
except that bag and possession limits are restricted for blue-winged 
teal, canvasback, harlequin, pintail and wood duck to those established 
for the Pacific Flyway by final Federal frameworks, to be announced.

Geese
    Season Dates: Open September 15, 1996, and close February 1, 1997.
    Daily Bag and Possession Limits: 6 and 12 geese, respectively; 
except that the bag limits for brant and cackling and dusky Canada 
geese are those established for the Pacific Flyway in accordance with 
final Federal frameworks, to be announced. The tribes also set a 
maximum annual bag limit on ducks and geese for those tribal members 
who engage in subsistence hunting.

Snipe
    Season Dates: Open September 15, 1996, and close February 1, 1997.
    Daily Bag and Possession Limits: 6 and 12 snipe, respectively.
    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

[[Page 46357]]

enforced by the tribes and available at the tribal office.

(k) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)

Band-Tailed Pigeons
    Season Dates: Open September 6, close September 15, 1996.
    Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.

Mourning Doves
    Season Dates: Open September 6, close September 15, 1996.
    Daily Bag and Possession Limits: 8 and 16 doves, respectively.
    General Conditions: All non-tribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all non-tribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and 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 27, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-22249 Filed 8-29-96; 8:45 am]
BILLING CODE 4310-55-F