[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50940-50946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24817]



[[Page 50939]]


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Part V





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



50 CFR Part 20



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

  Federal Register / Vol. 61, No. 189 / Friday, September 27, 1996 / 
Rules and Regulations  

[[Page 50940]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

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 
Late Season

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.

-----------------------------------------------------------------------

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

EFFECTIVE DATE: This rule takes effect on September 28, 1996.

ADDRESSES: The public may inspect comments received 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 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 U. S. 
Fish and Wildlife Service (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 respond to tribal requests for 
Service recognition of their reserved hunting rights, and for some 
tribes, recognition of their authority to regulate hunting by both 
tribal members and nonmembers on their reservations. The guidelines 
include possibilities for:

(1) on-reservation hunting by both tribal members and nonmembers, with 
hunting by 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 in the 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 
late-season proposals. Early-season hunting was addressed in the 
rulemaking published in the Federal Register on August 30, 1996 (61 FR 
46352). 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 begin about October 1 or later each year and 
have a primary emphasis on waterfowl.
    This year, the Service's annual breeding duck survey estimated 
total ducks in the traditional survey area was 37.5 million, an 
increase of 5 percent from that in 1995 and 16 percent higher than the 
long-term average. The total duck fall flight forecast is approximately 
89.5 million birds, compared to 77 million last year. This estimate is 
the highest recorded since calculations were initiated in 1970 and 16 
percent higher than last year. As a result, the Service has responded 
by proposing Flyway frameworks similar to those of last season for the 
1996-97 waterfowl hunting season (August 15, 1996, Federal Register, 61 
FR 42506). The tribal seasons established below generally reflect the 
Flyway frameworks.

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 have both early- and late-
season elements. However, as noted earlier, only those with late-season 
proposals are included in this final rulemaking; 16 tribes made 
proposals with late seasons. Ten tribes were represented in the early-
season regulations. 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.

Public Comments On Tribal Proposals

    The Service received a letter from the Wisconsin Department of 
Natural Resources (WIDNR), dated August 26, 1996, concerning the 
proposed seasons for the Oneida Tribe of Indians of Wisconsin. The 
WIDNR generally supported the season proposals by the Oneidas. The 
WIDNR did not, however, support a September 1 duck season opening date 
and felt that tribal seasons and bag limits should be generally 
consistent with State seasons. Additionally, WIDNR believed that tribal 
members should not be exempt from the requirement to purchase a 
Migratory Waterfowl Hunting and Conservation Stamp (Duck Stamp) and the 
3-shotgun shell limit.

[[Page 50941]]

    As we have previously responded regarding other tribal proposals, 
we believe it is necessary to place the Oneida's proposal in the proper 
context. Generally, Flyway frameworks are liberally interpreted when 
application is made to tribal regulations. This results from the 
special status of Native Americans and specific treaty rights. We 
continue to believe that current populations of birds can support the 
tribe's limited harvest. Further, we note that the Oneida's September 
15 opening date for ducks meets the Service's established general 
framework for approval of tribal duck seasons. This date should provide 
ample time for even late broods and molting ducks to be flighted.
    Regarding WIDNR's beliefs that tribes should not be exempt from the 
purchase of a Duck Stamp or the 3-shotgun shell limit requirement, 
WIDNR must recognize that the tribal regulation-development process is 
a ``good faith'' effort on the part of the Service and the tribes to 
reach mutually agreeable regulations, always with the interest of the 
resource paramount. For the same reasons as stated above, the Service 
has accepted the Oneida's proposal.
    The Service addressed earlier-received comments regarding tribally 
proposed regulations in the August 30, 1996, early-season final rule.
    In summary, this rule amends section 20.110 of 50 CFR to make 
current for the late 1996-97 migratory bird hunting season the 
regulations that will apply on Federal Indian reservations, off-
reservation trust lands and ceded lands.

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). 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. Copies of 
these documents are available from the Service at the address indicated 
under the caption ADDRESSES.

Endangered Species Act Considerations

    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) 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 in 1996. Copies of the 
Analysis are available upon request from the Office of Migratory Bird 
Management. This rule was not subject to review by the Office of 
Management and Budget under E.O. 12866.
    The Department examined these 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, 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 tribes would have 
insufficient time to communicate these seasons to their member and non-
tribal hunters and to establish and publicize the necessary regulations 
and procedures to implement their decisions.
    Therefore, the Service, 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.), 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.
    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 final 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.

Dated: September 20, 1996.
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks.

    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. 703-712 and 16 U.S.C. 742 a--j.(Editorial 
Note: The following annual hunting regulations provided for by 
Sec. 20.110 of 50 CFR Part 20 will not appear in the Code of Federal 
Regulations because of their seasonal nature.)
    2. Section 20.110 is amended by revising paragraphs (a), (c), (d), 
(e), (g), (j), and (k); and by adding paragraphs (l), (m), (n), (o), 
(p), (q), (r), (s), and (t) to read as follows:


[[Page 50942]]




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)

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.
Ducks (including mergansers)
    Season Dates: Begin October 13, end November 10, 1996; then open 
December 7, 1996, close January 5, 1997.
    Daily Bag and Possession Limits: 4 ducks, including 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: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and common moorhens, 
singly or in the aggregate. The possession limit is twice the daily bag 
limit.
Geese
    Season Dates: Begin October 19, 1996, end January 19, 1997.
    Daily Bag and Possession Limits: 5 geese, including no more than 2 
dark (Canada) geese and 3 white (snow, blue, Ross's) geese. The 
possession limit is 5.
    General Conditions: All persons 12 years and older must possess a 
valid Colorado River Indian Reservation hunting permit 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.
* * * * *

(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.
Other Geese (Brant, Blue, Snow, and White-fronted)
    Michigan, 1836 Treaty Zone:
    Season Dates: Begin October 1, end November 30, 1996.
    Daily Bag Limit: 5 geese.
    General Conditions: Persons twelve years and older must possess a 
valid Grand Traverse Band Tribal license 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.
    Michigan, 1842 Treaty Zone:
    Season Dates: Begin September 28, end November 16, 1996.
    Daily Bag Limit: 5 ducks, 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 2 redheads.
    Michigan, 1836 Treaty Zone:
    Season Dates: North Zone, begin September 28 and end November 16, 
1996; Middle Zone, begin October 5 and end November 23, 1996; South 
Zone, begin October 12 and end November 30, 1996.
    Daily Bag Limit: 5 ducks, 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 2 redheads.
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.
    Michigan, 1842 Treaty Zone:
    Season Dates: Same as ducks.
    Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
merganser.
    Michigan, 1836 Treaty Zone:
    Season Dates: Same as ducks.
    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.
    Michigan, 1842 Treaty Zone:
    Season Dates: Begin September 28, end October 17, 1996.
    Daily Bag Limit: 5 geese.
    Michigan, 1836 Treaty Zone:
    Season Dates: North Zone, begin September 28 and end October 17, 
1996; Middle Zone, begin October 5 and end October 24, 1996; South 
Zone, begin October 14 and end November 30, 1996.
    Daily Bag Limit: 1 goose in the South Zone and 2 in the North and 
Middle Zones.
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.
    Michigan, 1842 Treaty Zone:
    Season Dates: Begin September 28, end November 16, 1996.
    Daily Bag Limit: 7 geese, 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 28 and end November 16, 
1996; Middle Zone, begin October 5 and end November 23, 1996; South 
Zone, begin October 19 and end December 13, 1996.
    Daily Bag Limit: 7 geese, minus the number of Canada geese taken 
and including no more than 2 white-fronted geese.

[[Page 50943]]

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.
    Michigan, 1842 Treaty Zone:
    Season Dates: Same as ducks.
    Daily Bag Limit: 20 coots and moorhens, singly or in the aggregate.
    Michigan, 1836 Treaty Zone:
    Season Dates: Same as ducks.
    Daily Bag Limit: 20 coots and 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: (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 must comply with 
tribal codes that are no less restrictive than the provisions of 
Chapter 10 of the Model Off-Reservation Code. Except as 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 must 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 must comply with tribal codes that contain 
provisions parallel to M. S. 100.29, Subd. 18 (duck blinds and decoys). 
Tribal members hunting in Michigan must 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 are considered to have been taken on those lands unless tagged by 
a tribal or State conservation warden as having been taken on-
reservation. In Wisconsin, such tagging will comply with Sec. NR 19.12, 
Wis. Adm. Code. All migratory birds which fall on reservation lands 
will not count as part of any off-reservation bag or possession limit.

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

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.
Ducks
    Season Dates: Begin September 28, end December 29, 1996.
    Daily Bag and Possession Limits: 7 ducks, including no more than 1 
female mallard, 1 pintail, 1 canvasback and 2 redheads. The possession 
limit is twice the daily bag limit.
Dark Geese
    Season Dates: Begin September 28, 1996, end January 5, 1997.
    Daily Bag and Possession Limits: 2 and 4 geese, respectively.
Coots and Common Moorhens
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and moorhens, singly or 
in the aggregate.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR Part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (duck stamp) signed 
in ink across the stamp face. Special regulations established by the 
Navajo Nation also apply on the reservation.
* * * * *

(g) Point No Point Treaty Tribes, Kingston, Washington (Tribal 
Members 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.
Ducks (including Mergansers)
    Season Dates: Begin September 28, 1996, end December 29, 1996.
    Daily Bag and Possession Limits: 7 ducks, including no more than 1 
female mallard, 2 pintails, 1 canvasback and 2 redheads. The season is 
closed on wood ducks and harlequin ducks. The possession limit is twice 
the daily bag limit.
Geese
    Season Dates: Begin September 28, 1996, end January 5, 1997.
    Daily Bag and Possession Limits: 4 geese, including not more than 3 
light geese. The season is closed on Aleutian Canada geese and cackling 
Canada geese. The possession limit is twice the daily bag limit.
Brant
    Season Dates: Begin January 4, end January 19, 1997.
    Daily Bag and Possession Limits: 2 and 4 brant, respectively.
* * * * *

[[Page 50944]]

(j) Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members and Non-tribal Hunters)

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.

Non-tribal Hunters

Ducks
    Season Dates: Begin October 19, 1996, end January 19, 1997.
    Daily Bag and Possession Limits: 7 ducks, 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: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.
Geese
    Season Dates: Begin October 12, 1996, end January 19, 1997.
    Daily Bag and Possession Limits: 4 geese, including 4 dark geese 
but no more than 3 light geese. The possession limit is twice the daily 
bag limit.
Brant
    Season Dates: Begin January 4, end January 19, 1997.
    Daily Bag and Possession Limits: 2 and 4 brant, respectively.
Snipe
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 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 possess 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.

(k) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal 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 must possess 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 possess 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.
Ducks (Including Mergansers)
    Season Dates: Begin November 9, 1996, end January 19, 1997.
    Daily Bag and Possession Limits: 3 ducks, 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: Same as ducks.
    Daily Bag and Possession Limits: 25 coots, moorhens, and 
gallinules, singly or in the aggregate. The possession limit is twice 
the daily bag limit.
Canada Geese
    Season Dates: Same as ducks.
    Bag and Possession Limits: 2 and 4 geese, respectively.
    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 are closed to waterfowl hunting during 
the 1996-97 hunting season.
    (2) Tribal and nontribal hunters must comply with all basic Federal 
migratory bird hunting regulations in 50 CFR Part 20 regarding shooting 
hours and manner of taking.
    (3) See other special regulations established by the White Mountain 
Apache Tribe that apply on the reservation, available from the 
reservation Game and Fish Department.

(l) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Nontribal Hunters)

Ducks (including mergansers)
    Season Dates: Begin September 28, end December 29, 1996.
    Daily Bag and Possession Limits: 7 ducks, 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: Same as ducks.
    Daily Bag and Possession Limits: The daily bag and possession limit 
is 25.
Geese
    Dark
    Season Dates: Begin September 28, 1996, end January 5, 1997.
    Daily Bag and Possession Limits: 4 and 8 geese, respectively.
    White
    Season Dates: Begin September 28, 1996, end January 5, 1997.
    Daily Bag and Possession Limits: 3 and 6 geese, respectively.
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations contained in 50 CFR Part 20 
regarding manner of taking. In addition, shooting hours are sunrise to 
sunset and each waterfowl hunter 16 years of age or older must carry on 
his/her person a valid Migratory Bird Hunting and Conservation Stamp 
(Duck Stamp) signed in ink across the stamp face.

[[Page 50945]]

Special regulations established by the Confederated Salish and Kootenai 
Tribes also apply on the reservation.

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

Ducks
    Season Dates: Begin October 26, end December 22, 1996.
    Daily Bag and Possession Limits: 5 ducks, including no more than 1 
female mallard, 1 mottled duck, 1 canvasback, 1 redhead, 1 pintail, and 
2 wood ducks. The possession limit is twice the daily bag limit.
Mergansers
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 5 mergansers, including no more 
than 1 hooded merganser. The possession limit is twice the daily bag 
limit.
Dark Geese
    Canada, Brant and White-fronted Geese
    Season Dates: Begin October 5, 1996, end January 5, 1997.
    Daily Bag and Possession Limits: 2 dark geese, including no more 
than 1 white-fronted goose (or brant). The possession limit is twice 
the daily bag limit.
Light Geese
    Season Dates: Begin October 5, 1996, end January 5, 1997.
    Daily Bag and Possession Limits: 10 and 20 geese, respectively.
    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 
must comply with basic Federal migratory bird hunting regulations in 50 
CFR Part 20 regarding shooting hours and manner of taking. In addition, 
each waterfowl hunter 16 years of age or over must carry on his/her 
person a valid Migratory Bird Hunting and Conservation Stamp (Duck 
Stamp) signed in ink across the stamp face. Special regulations 
established by the Crow Creek Sioux Tribe also apply on the 
reservation.

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

Ducks (including mergansers)
    Season Dates: Begin October 5, end November 30, 1996.
    Daily Bag and Possession Limits: The daily bag limit is 7, 
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 1996-97 goose season is closed.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR Part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Jicarilla Tribe also apply on the reservation.

(o) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
and Nontribal Hunters)

Non-tribal Hunters

Ducks
    Season Dates: Begin October 1, 1996, end January 19, 1997. 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 68 days. Nontribal hunters should contact the tribe for 
more detail on hunting days.
    Daily Bag and Possession Limits: 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: Same as ducks.
    Daily Bag and Possession Limits: 4 geese, including 4 dark geese 
but not more than 3 light geese. The possession limit is twice the 
daily bag limit.
    General: Hunters must observe all State and Federal regulations, 
such as those contained in 50 CFR Part 20 and including the possession 
of a validated Migratory Bird Hunting and Conservation Stamp.

Tribal Members

Ducks
    Season Dates: Begin October 1, 1996, end January 31, 1997.
    Daily Bag and Possession Limits: 7 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: Same as ducks.
    Daily Bag and Possession Limits: 4 geese, including 4 dark geese 
but not more than 3 light geese. The possession limit is twice the 
daily bag limit.
    General: Tribal members must possess a validated Migratory Bird 
Hunting and Conservation Stamp and a tribal ceded lands permit.

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

Ducks
    Season Dates: Begin October 1, 1996, end January 31, 1997.
    Daily Bag and Possession Limits: 9 and 16 ducks, respectively.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 6 and 12 geese, respectively.
    General: The Klamath Tribe provides regulations enforcement 
authority in its game management officers, biologists and wildlife 
technicians, and has a court system with judges that hear cases and set 
fines.

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

Ducks (including mergansers)
    Season Dates: Begin October 10, end December 31, 1996.
    Daily Bag and Possession Limits: 5 ducks, 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, 1996.
    Daily Bag and Possession Limits: 2 geese, including no more than 1 
white-fronted goose (or 1 brant). The possession limit is twice the 
daily bag limit.
    White Geese
    Season Dates: Same as dark geese.
    Daily Bag and Possession Limits: 10 and 20 geese, respectively.
    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR Part 20, including the use 
of steel shot. Nontribal hunters must possess a validated Migratory 
Waterfowl Hunting and Conservation Stamp. The Lower Brule Sioux Tribe 
has an official Conservation Code that hunters must

[[Page 50946]]

adhere to when hunting in areas subject to control by the tribe.

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

Ducks (including Mergansers)
    Season Dates: Begin October 8, 1996, end January 8, 1997.
    Daily Bag and Possession Limits: 7 ducks, 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: Same as ducks.
    Daily Bag and Possession Limits: 10 and 20 coots, respectively.
Geese
    Season Dates: Begin October 8, 1996, end January 13, 1997.
    Daily Bag and Possession Limits: 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: Same as ducks.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must possess a valid Migratory Bird Hunting 
and Conservation Stamp (Duck Stamp) signed in ink across the stamp 
face. Other regulations established by the Shoshone-Bannock Tribes also 
apply on the reservation.

(s) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only)

Ducks (including mergansers)
    Season Dates: Begin September 28, 1996, end February 18, 1997.
    Daily Bag and Possession Limits: 10 ducks, 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: Same as ducks.
    Daily Bag and Possession Limits: 28 coots.
Geese
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 7 geese, including 7 dark geese 
but no more than 6 light geese. The possession limit is twice the daily 
bag limit.
Brant
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 5 and 10 brant, respectively.
    General Conditions: The Swinomish Tribal Community has established 
additional special regulations for on-reservation hunting. Tribal 
hunters should consult the tribal office for additional information.

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

Ducks (including Mergansers)
    Season Dates: Begin October 19, end December 30, 1996.
    Daily Bag and Possession Limits: 5 ducks, including no more than 1 
female mallard, 2 redheads, 1 pintail, 1 hooded merganser, and 2 wood 
ducks. The possession limit is twice the daily bag limit.
Coots
    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 15 and 30 coots, respectively.
Dark Geese
    Season Dates: Begin November 2, 1996, end January 31, 1997.
    Daily Bag and Possession Limits: 2 geese, including no more than 1 
white-fronted goose (or brant). The possession limit is twice the daily 
bag limit.
White Geese
    Season Dates: Same as dark geese.
    Daily Bag and Possession Limits: 10 and 20 geese, respectively.
    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 must comply with all basic Federal 
migratory bird hunting regulations in 50 CFR Part 20 regarding shooting 
hours and manner of taking. In addition, each waterfowl hunter 16 years 
of age or older must carry on his/her person a valid Migratory Bird 
Hunting and Conservation Stamp (Duck Stamp) signed in ink across the 
stamp face. Special regulations established by the Yankton Sioux Tribe 
also apply on the reservation.
[FR Doc. 96-24817 Filed 9-26-96; 8:45 am]
BILLING CODE 4310-55-F