[Federal Register Volume 63, Number 169 (Tuesday, September 1, 1998)]
[Rules and Regulations]
[Pages 46558-46564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23563]



[[Page 46557]]

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Part VI





Department of the Interior





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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 1998-99 Early Season; Final Rule

  Federal Register / Vol. 63, No. 169 / Tuesday, September 1, 1998 / 
Rules and Regulations  

[[Page 46558]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE93


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 1998-99 
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.

DATES: This rule takes effect on September 1, 1998.

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, ms 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 14, 1998, Federal Register (63 FR 43854), the Service 
proposed special migratory bird hunting regulations for the 1998-99 
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 non-tribal 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 20, 1998, Federal Register (63 FR 13748), the Service 
requested that tribes desiring special hunting regulations in the 1998-
99 hunting season submit a proposal including details on:
    (a) Harvest anticipated under the requested regulations;
    (b) Methods that will be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (c) Steps that will be taken to limit level of harvest, where it 
could be shown that failure to limit such harvest would adversely 
impact the migratory bird resource; and
    (d) 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 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.

Status of Populations

    In the July 19, 1998, Federal Register (63 FR 38700), the Service 
reviewed the status for various populations for which early seasons 
were proposed. This information included brief summaries of the May 
Breeding Waterfowl and Habitat Survey and population status reports for 
blue-wing teal, Canada goose populations hunted in September seasons, 
sea ducks, sandhill cranes, woodcock, mourning doves, white-winged 
doves, white-tipped doves, and band-tailed pigeons.
    At an August 6 public hearing on proposed late seasons, the Service 
presented a report on the status of waterfowl. This report is briefly 
summarized here.
    Most goose and swan populations in North America remain numerically 
sound and the size of most fall flights will be similar to those of 
last year. Nine of the 28 populations of geese and swans we report on 
appear to have decreased since last year, 7 appear to have increased, 7 
appear to have changed little, and no comparisons were possible for the 
remaining 5. Spring estimates of several Canada goose populations that 
nest near Hudson Bay declined this year; the declines may be at least 
partly an artifact of survey timing. Forecasts for production of young 
in 1998 varied regionally based largely on spring weather and habitat 
conditions. Generally, spring phenology was earlier than normal in 
northern Quebec and the Hudson Bay Lowlands, and this should lead to 
greater-than-average rate of production for geese nesting there. In the 
central and western Arctic, and along the west coast of Alaska, mostly 
average production is expected from nesting geese and swans. In the 
interior of Alaska, a mild spring with only minimal flooding should 
lead to better-than-average production. Habitat conditions for nesting 
geese deteriorated in much of south-central Canada since last spring, 
but they remained mostly favorable in eastern Canada and much of the 
contiguous U.S.
    The 1998 estimate of total ducks in the traditional survey area was 
39.1 million birds, an 8% decrease (P < 0.01) from 1997 but still 20% 
higher (P < 0.01) than the long-term average. The estimate for mallards 
(Anas platyrhynchos) was 9.6 million, a value similar (P = 0.49) to 
that of last year.

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Abundances of green-winged teal (Anas crecca), northern shovelers (A. 
clypeata), northern pintails (A. acuta), and scaup (Aythya affinis and 
A. marila, combined) decreased (P < 0.04) from levels observed in 1997. 
Estimates for 7 of the 10 principal species were above (P  
0.04) their respective long-term averages, but northern pintail and 2 
scaup species (combined) remained below their averages (P < 0.01). The 
number of ponds in May (4.6 million) was 38% lower (P < 0.01) than last 
year, and 6% lower (P = 0.06) than the long-term average. In eastern 
areas of Canada and the U.S., the number of total ducks was similar (P 
= 0.74) to that of last year and to the 1995-97 average (P = 0.85). 
Habitats in the eastern area were somewhat drier than last year, but 
conditions remained favorable for waterfowl production. The preliminary 
estimate of the total-duck fall-flight index is 84 million birds, 
compared to 92 million last year. The fall flight is predicted to 
include 11.7 million mallards, 18% lower (P < 0.01) than the estimate 
of 14.4 million in 1997.
    As a result of this status, the Service has responded by proposing 
Flyway frameworks that are the same as those of last season for the 
1998-99 waterfowl hunting season (August 25, 1998, Federal Register, 63 
FR 43350). The tribal seasons established below are commensurate with 
the population status.

Comments and Issues Concerning Tribal Proposals

    For the 1998-99 migratory bird hunting season, the Service proposed 
regulations for 19 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; 12 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 14, 1998, closed on August 24, 
1998. 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.
    The Service received two comments regarding the notice of intent 
published on March 20, 1998, which announced rulemaking on regulations 
for migratory bird hunting by American Indian tribal members.
    The South Dakota Department of Game, Fish, and Parks (South Dakota) 
commented on the proposal by the Lower Brule Sioux Tribes. South Dakota 
questioned whether a tundra swan permit would be required or whether 
all licensed waterfowl hunters would be allowed to take a swan during 
the Tribes' proposed tundra swan season. They further questioned 
whether hunters would be queried after the season to determine the 
harvest, age ratio, date and location of kill, and unretrieved kill. 
South Dakota also believed that any special youth season on tribal land 
should conform to the same framework allowed for the State's youth 
hunting season.
    The Wisconsin Department of Natural Resources (Wisconsin) commented 
on the Great Lakes Indian Fish and Wildlife Commission's (GLIFWC) 
proposal. Wisconsin suggested monitoring the impact of the daily bag 
limit on giant Canada goose restoration efforts and that the Service 
and GLIFWC initiate and complete studies to show that current GLIFWC 
duck regulations have no negative impact on local populations before 
expanding hunting opportunities during time periods when local birds 
are most vulnerable. Wisconsin also requested that tribal members honor 
the noon opening for shooting hours for the first day of the State's 
duck season and comply with the State's open water hunting 
restrictions.
    Service Response: Regarding South Dakota's comments on the Lower 
Brule Sioux Tribe's proposals, Federal frameworks for tundra swan 
hunting in South Dakota do not allow tundra swan seasons west of the 
Missouri River because of concerns for the potential harvest of 
trumpeter swans. Thus, the Service did not approve the Tribe's 
requested tundra swan season. Additionally, final Federal early-season 
frameworks published in the August 28, 1998, Federal Register, provided 
for a 1-day special youth waterfowl hunt. Any special youth waterfowl 
hunt for non-tribal members should conform to the final Federal 
frameworks.
    Regarding Wisconsin's comments, the Service can find no evidence 
that the tribes' harvest of giant Canada geese has negatively impacted 
giant Canada goose populations in Wisconsin. In fact, as the GLIFWC 
point out in their July 14, 1998, response, tribal harvest has never 
exceeded 365 geese since off-reservation hunting resumed in 1985 and 
has averaged less than 200 birds annually. Additionally, tribal goose 
harvest per trip has averaged 0.2 geese per trip since 1990 when daily 
bag limits were significantly less than the currently allowed 10 geese 
per day. While the Service believes that the current population status 
of giant Canada geese can easily support the tribes' limited harvest, 
it is incumbent upon the GLIFWC to continue to closely monitor both 
duck and goose harvest to ensure that local and/or regional breeding 
populations are not negatively impacted by harvest. Furthermore, as in 
the past, the Service again 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.

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). Copies of these documents are available 
from the Service at the address indicated under the caption ADDRESSES. 
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, consultations were 
conducted to ensure that actions resulting from these regulations would 
not likely jeopardize the continued existence of endangered or 
threatened

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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

    In the March 20, 1998, Federal Register, the Service reported 
measures it took to comply with requirements of the Regulatory 
Flexibility Act. One measure was to update the 1996 Small Entity 
Flexibility Analysis (Analysis) documenting the significant beneficial 
economic effect on a substantial number of small entities. The 1996 
Analysis estimated that migratory bird hunters would spend between $254 
and $592 million at small businesses. The Service has updated the 1996 
Analysis with information from the 1996 National Hunting and Fishing 
Survey. Nationwide, the Service now estimates that migratory bird 
hunters will spend between $429 and $1,084 million at small businesses 
in 1998. Copies of the 1998 Analysis are available upon request from 
the Office of Migratory Bird Management.

Executive Order (E.O.) 12866

    Collectively, the rules covering the overall frameworks for 
migratory bird hunting are economically significant and have been 
reviewed by the Office of Management and Budget (OMB) under E.O. 12866. 
This rule is a small portion of the overall migratory bird hunting 
frameworks and was not individually submitted and reviewed by OMB under 
E.O. 12866.

Congressional Review

    In accordance with Section 251 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been 
submitted to Congress and has been declared major. Because this rule 
establishes hunting seasons, it qualifies for an exemption under 5 
U.S.C. 808(1); therefore, the Department determines that this rule 
shall take effect immediately.

Paperwork Reduction Act

    The Service examined these regulations under the Paperwork 
Reduction Act of 1995. The various recordkeeping and reporting 
requirements imposed under hunting regulations established in 50 CFR 
part 20, subpart K, are utilized in the formulation of migratory game 
bird hunting regulations. Specifically, the information collection 
requirements of the Migratory Bird Harvest Information Program have 
been approved by OMB and assigned clearance number 1018-0015 (expires 
08/31/1998). The renewal clearance packet was submitted to OMB July 22, 
1998. This information is used to provide a sampling frame for 
voluntary national surveys to improve Service harvest estimates for all 
migratory game birds in order to better manage these populations. The 
information collection requirements of the Sandhill Crane Harvest 
Questionnaire have been approved by OMB and assigned clearance number 
1018-0023 (expires 09/30/2000). The information from this survey is 
used to estimate the magnitude, the geographical and temporal 
distribution of harvest, and the portion its constitutes of the total 
population. The Service may not conduct or sponsor, and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number.

Unfunded Mandates Reform Act

    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 proposed 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.

Takings Implication Assessment

    In accordance with Executive Order 12630, these rules, authorized 
by the Migratory Bird Treaty Act, do not have significant takings 
implications and do not affect any constitutionally protected property 
rights. These rules will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
privileges that would be otherwise unavailable; and, therefore, reduce 
restrictions on the use of private and public property.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal government has been given responsibility over these species by 
the Migratory Bird Treaty Act. The Service annually prescribes 
frameworks from which the States make selections and employ guidelines 
to establish special regulations on Federal Indian reservations and 
ceded lands. This process preserves the ability of the States and 
Tribes to determine which seasons meet their individual needs. Any 
State or Tribe may be more restrictive than the Federal frameworks at 
any time. The frameworks are developed in a cooperative process with 
the States and the Flyway Councils. This allows States to participate 
in the development of frameworks from which they will make selections, 
thereby having an influence on their own regulation. These rules do not 
have a substantial direct effect on fiscal capacity, change the roles 
or responsibilities of Federal or State governments, or intrude on 
State policy or administration. Therefore, in accordance with Executive 
Order 12612, these regulations do not have significant federalism 
effects and do not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

    Due to the migratory nature of certain species of birds, the 
Federal government has been given responsibility over these species by 
the Migratory Bird Treaty Act. Thus, in accordance with the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we 
have evaluated possible effects on Federally recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. However, by virtue of the tribal proposals received in 
response to the March 20 request for proposals and the August 14 
proposed rule, we have consulted with all the tribes affected by this 
rule.

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

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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 regulations will, therefore, take effect immediately upon 
publication.

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:

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

(Note: The following hunting regulations provided for by 50 CFR 
20.110 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, 1998; then open 
November 21, close January 4, 1999.
    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) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota (Tribal Members and Non-tribal Hunters)
Sandhill Cranes
    Season Dates: Open September 19, close October 25, 1998.
    Daily Bag Limit: 3 sandhill cranes.
    Permits: Each person participating in the sandhill crane season 
must have a valid Federal sandhill crane hunting permit in their 
possession while hunting.
    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 non-tribal 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.

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

Ducks
Minnesota 1854 Zone
    Season Dates: Open September 12, close November 29, 1998.
    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 
5 of which may be hens), 4 black ducks; 4 redheads, 4 pintails and 2 
canvasbacks.
Mergansers
Minnesota 1854 Zone
    Season Dates: Open September 12, close November 29, 1998.
    Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
merganser.
Geese
Minnesota 1854 Zone
    Season Dates: Open September 1, close November 29, 1998.
    Daily Bag Limit: 10 geese.
Coots and Common Moorhens (Gallinule)
Minnesota 1854 Zone
    Season Dates: Open September 12, close November 29, 1998.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
Minnesota 1854 Zone:
    Season Dates: Open September 1, close November 29, 1998.
    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 29, 1998.
    Daily Bag Limit: 8 snipe.
Woodcock
Minnesota 1854 Zone
    Season Dates: Open September 12, close November 29, 1998.
    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 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 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation and other 
conditions generally applicable to migratory bird hunting.
    3. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. 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 noted above. 
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

[[Page 46562]]

the possession or custody of band 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. All 
migratory birds which fall on reservation lands will not count as part 
of any off-reservation bag or possession limit.

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

Ducks
Michigan, 1836 Treaty Zone
    Season Dates: Open September 20, 1998, close January 20, 1999.
    Daily Bag Limit: 10 ducks, which may include no more than 1 
pintail, 1 canvasback, 2 black ducks, 1 hooded merganser, 2 wood ducks, 
2 redheads, and 5 mallards (only 2 of which may be hens).
Canada Geese
Michigan, 1836 Treaty Zone
    Season Dates: Open September 1, close November 30, 1998, and open 
January 1, 1999, close February 8, 1999.
    Daily Bag Limit: 5 geese.
Sora Rails
Michigan 1836 Treaty Zone
    Season Dates: Open September 1, close November 14, 1998.
    Daily Bag Limit: 5 rails.
Common Snipe
Michigan 1836 Treaty Zone
    Season Dates: Open September 1, close November 14, 1998.
    Daily Bag Limit: 5 snipe.
Woodcock
Michigan 1836 Treaty Zone
    Season Dates: Open September 1, close November 14, 1998.
    Daily Bag Limit: 5 woodcock.
    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.

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

Ducks
    A. Wisconsin and Minnesota 1837 and 1842 Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 
5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2 
canvasbacks.
B. Michigan 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 10 ducks, including no more than 5 mallards (only 
2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1 
canvasback.
Mergansers
A. Wisconsin and Minnesota 1837 and 1842 Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 5 mergansers.
B. Michigan 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
merganser.
Geese: Canada Geese
A. Wisconsin and Minnesota 1837 and 1842 Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or 
white-fronted geese taken.
B. Michigan, 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 1997. In 
addition, the same dates and season length permitted the State of 
Michigan during the Special September Canada goose Season.
    Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or 
white-fronted geese taken. In addition, the same bag limit permitted 
the State of Michigan during the Special September Canada goose Season.
Geese: Blue, Snow and White-fronted Geese
A. Wisconsin and Minnesota 1837 and 1842 Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
B. Michigan 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
Other Migratory Birds: All Ceded Areas
A. Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
B. Sora and Virginia Rails
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 25 sora and Virginia rails singly, or in the 
aggregate.
C. Common Snipe
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 8 common snipe.
D. Woodcock
    Season Dates: Begin September 8 and end December 1, 1998.
    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 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 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR Part 
20 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. 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 noted above. 
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 laws. All migratory birds which fall on reservation lands will 
not count as part of any off-reservation bag or possession limit.

[[Page 46563]]

    5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members 
hunting in Michigan and Minnesota will comply with tribal codes that 
contain provisions that parallel applicable State laws concerning duck 
blinds and/or decoys.

(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members Only)

Ducks
    Season Dates: Open September 15, 1998, close January 31, 1999.
    Daily Bag and Possession Limits: 7 ducks, including no more than 1 
pintail, 2 hen mallards, and 1 canvasback.
Geese
    Season Dates: Open September 1, 1998, close January 31, 1999.
    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.

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

Band-tailed Pigeons
    Season Dates: Open September 1, close September 30, 1998.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, close September 30, 1998.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal and non-tribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR Part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed 
in ink across the face. Special regulations established by the Navajo 
Nation also apply on the reservation.

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

Ducks
    Season Dates: Open September 19, close November 25, 1998.
    Daily Bag and Possession Limits: 6 ducks, including no more than 4 
mallards (only 1 of which may be a hen), 5 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 20, open November 
30, close December 31, 1998.
    Daily Bag and Limits: 3 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.
Woodcock
    Season Dates: Open September 1, close November 15, 1998.
Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
    General Conditions: Tribal members and non-tribal members 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 part 20. Tribal 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.

(i) Point No Point Treaty Tribes, Kingston, Washington (Tribal Hunters)

Ducks
    Season Dates: Open September 15, 1998, close January 15, 1999.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
hen mallards, 3 pintails, 1 canvasback and 2 redheads. The season on 
harlequin ducks is closed. Possession limit is twice the daily bag 
limit.
Geese
    Season Dates: Open September 15, 1998, close January 15, 1999.
    Daily Bag and Possession Limits: 4 geese, and may include no more 
than 2 brant or 3 light geese. The season on Aleutian and Cackling 
Canada geese is closed. Possession limit is twice the daily bag limit.
Coots
    Season Dates: Open September 15, 1998, close January 15, 1999.
    Daily Bag Limits: 25 coots.
Mourning Doves
    Season Dates: Open September 1, close September 30, 1998.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 1, close January 15, 1999.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

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

Ducks
    Season Dates: Open September 15, 1998, close January 15, 1999.
    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, 1998, close January 15, 1999.
    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, 1998.
    Daily Bag and Possession Limits: 2 and 4 brant, respectively.
Coots
    Season Dates: Open September 15, 1998, close January 15, 1999.
    Daily Bag Limits: 25 coots.
Snipe
    Season Dates: Open September 15, 1998, and close January 15, 1999.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-tailed Pigeons
    Season Dates: Open September 15, close December 1, 1998.
    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.

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

Ducks/Coot
    Season Dates: Open September 15, 1998, and close February 1, 1999.

[[Page 46564]]

    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, 1998, and close February 1, 1999.
    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.
    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.
    (l) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)
Band-tailed Pigeons
    Season Dates: Open September 1, close September 10, 1998.
    Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, close September 10, 1998.
    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 non-tribal 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 26, 1998.
Donald Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-23563 Filed 8-28-98; 9:31 am]
BILLING CODE 4310-55-P