[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Rules and Regulations]
[Pages 51664-51669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24811]



[[Page 51663]]

_______________________________________________________________________

Part IV





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



50 CFR Part 20



Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain 
Federal Indian Reservations and Ceded Lands for the 1999-2000 Late 
Season; Final Rule

  Federal Register / Vol. 64, No. 184 / Thursday, September 23, 1999 / 
Rules and Regulations  

[[Page 51664]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AF24


Migratory Bird Hunting: Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 1999-2000 
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 U.S. Fish and Wildlife Service (hereinafter Service or we) 
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 October 1, 1999.

ADDRESSES: You may inspect comments received, if any, on the special 
hunting regulations and tribal proposals during normal business hours 
in Room 634, Arlington Square Building, 4401 N. Fairfax Drive, 
Arlington, Virginia. You 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 13, 1999, Federal Register (64 FR 44384), we proposed 
special migratory bird hunting regulations for the 1999-2000 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 May 3, 1999, Federal Register (64 FR 23742), we requested 
that tribes desiring special hunting regulations in the 1999-2000 
hunting season submit a proposal including details on:
    (a) Harvest anticipated under the requested regulations;
    (b) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (c) Steps that would 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. We have successfully used the guidelines since the 1985-86 
hunting season. We 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 rule addresses only late-
seasons. Early-season hunting was addressed in the August 30, 1999, 
Federal Register (64 FR 47134). As a general rule, early seasons begin 
during September each year and have a primary emphasis on such species 
as mourning dove. Late seasons begin about October 1 or later each year 
and have a primary emphasis on waterfowl.

Tribal Proposals and Comments and Issues Concerning Tribal 
Proposals

    For the 1999-2000 migratory bird hunting season, we 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 late-season 
proposals are included in this final rulemaking; 14 tribes have 
proposals with late seasons. The comment period for the August 13 
proposed rule closed on August 23, 1999.
    We received two comments regarding the notice of intent published 
on May 3, 1999, which announced rulemaking on regulations for migratory 
bird hunting by American Indian tribal members. Both of these comments 
were addressed in the August 13 proposed rule.

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 us 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 same address.

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

[[Page 51665]]

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, we conducted consultations to ensure that actions 
resulting from these regulations would 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. Our 
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

    These regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual 
hunting regulations on small business entities in detail and issued a 
Small Entity Flexibility Analysis (Analysis) in 1998. The Analysis 
documented the significant beneficial economic effect on a substantial 
number of small entities. The primary source of information about 
hunter expenditures for migratory game bird hunting is the National 
Hunting and Fishing Survey, which is conducted at 5-year intervals. The 
Analysis was based on the 1996 National Hunting and Fishing Survey and 
the US Department of Commerce's County Business Patterns from which it 
was estimated that migratory bird hunters would spend between $429 and 
$1,084 million at small businesses in 1998. Copies of the Analysis are 
available upon request.

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.

Small Business Regulatory Enforcement Fairness Act

    This annual migratory bird hunting regulations are a major rule 
under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement 
Fairness Act. For the reasons outlined above, these rules have an 
annual effect on the economy of $100 million or more. However, because 
this rule establishes hunting seasons, we do not plan to defer the 
effective date under the exemption contained in 5 U.S.C. 808(1) and 
this rule will be effective immediately.

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995. We utilize the various recordkeeping and reporting requirements 
imposed under regulations established in 50 CFR part 20, Subpart K, in 
the formulation of migratory game bird hunting regulations. 
Specifically, OMB has approved the information collection requirements 
of the Migratory Bird Harvest Information Program and assigned 
clearance number 1018-0015 (expires 9/30/2001). This information is 
used to provide a sampling frame for voluntary national surveys to 
improve our harvest estimates for all migratory game birds in order to 
better manage these populations.
    A Federal agency 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

    We have determined and certify, 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--E.O. 12988

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

Takings Implication Assessment--E.O. 12630

    In accordance with E.O. 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--E.O. 12612

    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. We annually prescribe 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 regulations. 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 E.O. 12612, 
these regulations do not have significant federalism effects nor 
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 May 3 request for proposals and the August 13 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, we intend that 
the public be given the greatest possible opportunity to comment on the 
regulations. Thus, when the preliminary proposed rulemaking was 
published, we

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established what we believed were the longest periods possible for 
public comment. In doing this, we 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.
    We therefore find 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.
    Therefore, 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.), we 
prescribe 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.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.
    Accordingly, the Service amends part 20, subchapter B, chapter I of 
Title 50 of the Code of Federal Regulations 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. Amend Section 20.110 by revising paragraphs (a), (b), (d), (f), 
(h), (k), (m) and (o); and by adding paragraphs (p), (q), (r), (s), 
(t), (u), and (v) 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, 1999; then open 
November 19, 1999, close January 3, 2000.
    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 2, 1999, close January 16, 2000.
    Daily Bag and Possession Limits: 7 ducks, including no more than 1 
pintail, 2 redheads, 2 Mexican ducks, 2 hen mallards, 4 scaup, 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.
Geese
    Season Dates: Begin November 20, 1999, end January 16, 2000.
    Daily Bag and Possession Limits: 4 geese, including no more than 2 
dark (Canada) geese and 3 white (snow, blue, Ross's) geese. The 
possession limit is 8.
    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 18, close October 24, 1999.
    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.
Ducks
    Season Dates: Begin October 9, end December 21, 1999.
    Daily Bag and Possession Limits: 6 ducks, including no more than 5 
mallards (including no more than 2 female mallards), 1 mottled duck, 1 
canvasback, 2 redheads, 1 pintail, 3 scaup, 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.
Canada Geese
    Season Dates: Begin October 9, 1999, end January 9, 2000.
    Daily Bag and Possession Limits: 3 and 6, respectively.
White-fronted Geese
    Season Dates: Begin October 2, end December 12, 1999.
    Daily Bag and Possession Limits: 2 and 4, respectively.
Light Geese
    Season Dates: Begin October 2, close December 25, 1999, then open 
February 19, close March 10, 2000.
    Daily Bag and Possession Limits: 20 geese daily, no possession 
limit.
    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.
* * * * *

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

    All seasons in Michigan, 1836 Treaty Zone:
Ducks
    Season Dates: Open September 20, 1999, close January 20, 2000.
    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,

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and 5 mallards (only 2 of which may be hens).
Canada Geese
    Season Dates: Open September 1, close November 30, 1999, and open 
January 1, 2000, close February 8, 2000.
    Daily Bag Limit: 5 geese.
Other Geese (Brant, Blue, Snow, and White-fronted)
    Season Dates: Begin October 1, end November 30, 1999.
    Daily Bag Limit: 5 geese.
Sora Rails, Common Snipe, and Woodcock
    Season Dates: Open September 1, close November 14, 1999.
    Daily Bag Limit: 5 rails, 5 snipe, and 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.
* * * * *

(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Non-tribal Hunters).

    Tribal Members Only
Ducks
    Season Dates: Open September 15, 1999, close January 31, 2000.
    Daily Bag and Possession Limits: 7 ducks, including no more than 1 
pintail, 2 hen mallards, 4 scaup, and 1 canvasback.
Geese
    Season Dates: Open September 1, 1999, close January 31, 2000.
    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.

Non-tribal Hunters

Ducks
    Season Dates: Open October 2, 1999, close January 16, 2000. During 
this period, days to be hunted are specified by the Kalispel Tribe as 
weekends, holidays and for a continuous period in the months of 
December and January. Non-tribal hunters should contact the tribe for 
more detail on hunting days.
    Daily Bag and Possession Limits: 7 ducks, including no more than 1 
pintail, 2 hen mallards, 2 redheads, 4 scaup, and 1 canvasback.
Geese
    Season Dates: Begin October 2, 1999, close January 9, 2000.
    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.
* * * * *

(h) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and 
Non-tribal Hunters)

Band-tailed Pigeons
    Season Dates: Open September 1, close September 30, 1999.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, close September 30, 1999.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers)
    Season Dates: Begin October 2, 1999, close January 16, 2000.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 1 pintail, 1 canvasback, 4 scaup, and 2 redheads. The 
possession limit is twice the daily bag limit.
Dark Geese
    Season Dates: Begin October 2, 1999, end January 9, 2000.
    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 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.
* * * * *

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

Mourning Dove
    Season Dates: September 19, 1999, through January 20, 2000.
    Daily Bag Limit: 15 doves.
    General Conditions: Hunting is on Sundays only. All other Federal 
regulations contained in 50 CFR part 20 apply.
* * * * *

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

Tribal Members

Ducks/Coot
    Season Dates: Open September 15, 1999, and close February 1, 2000.
    Daily Bag and Possession Limits: 6 and 12 ducks, respectively; 
including no more than 1 pintail and 1 canvasback.
Geese
    Season Dates: Open September 15, 1999, and close February 1, 2000.
    Daily Bag and Possession Limits: 6 and 12 geese, respectively; 
including no more than 2 brant and 4 dark geese (cackling and dusky 
Canada geese). The tribes also set a maximum annual bag limit on ducks 
and geese for those tribal members who engage in subsistence hunting.

Non-tribal Hunters

Ducks
    Season Dates: Begin October 9, 1999, end January 23, 2000.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 1 pintail, 1 canvasback, 4 scaup, 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 16, 1999, end January 23, 2000.
    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 8, end January 23, 2000.
    Daily Bag and Possession Limits: 2 and 4 brant, respectively.
    General Conditions: All waterfowl hunters, members and non-members,

[[Page 51668]]

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.
* * * * *

(o) 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 12, 1999.
    Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, close September 12, 1999.
    Daily Bag and Possession Limits: 8 and 16 doves, respectively.
Ducks (Including Mergansers)
    Season Dates: Begin October 23, 1999, end January 17, 2000.
    Daily Bag and Possession Limits: 4 ducks, including no more than 3 
mallards (including no more than 1 female mallard), 2 redheads or 1 
canvasback and 1 redhead, 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: 3 and 6, 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. In addition:
    (1) The area open to waterfowl hunting in the above seasons 
consists of: the lower portion of the Black River, beginning at the 
confluence of Big Bonito Creek and the Black River, and the entire 
length of the Salt River 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. Tanks located below the Mongollon Rim, 
within Wildlife Management Units 2 and 3 will be open to waterfowl 
hunting. The remaining reservation waters are closed to waterfowl 
hunting during the 1999-2000 hunting season.
    (2) Tribal and non-tribal 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.

(p) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Non-tribal Hunters)

Ducks (including mergansers)
    Season Dates: Begin October 2, 1999, end January 16, 2000.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 1 pintail, 1 canvasback, 4 scaup, 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 Geese
    Season Dates: Begin October 2, 1999, end January 9, 2000.
    Daily Bag and Possession Limits: 4 and 8 geese, respectively.
Light Geese
    Season Dates: Begin October 2, 1999, end January 9, 2000.
    Daily Bag and Possession Limits: 3 and 6 geese, respectively.
    General Conditions: Non-tribal 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. Special regulations 
established by the Confederated Salish and Kootenai Tribes also apply 
on the reservation.

(q) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Non-tribal Hunters)

Ducks (including mergansers)
    Season Dates: Begin October 2, end November 30, 1999.
    Daily Bag and Possession Limits: The daily bag limit is 7, 
including no more than 2 female mallards, 1 pintail, 2 redheads, 4 
scaup, and 1 canvasback. The possession limit is twice the daily bag 
limit.
Canada Geese
    Season Dates: Begin October 2, 1999, end November 30, 1999.
    Daily Bag and Possession Limits: 2 and 4, respectively.
    General Conditions: Tribal and non-tribal 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.

(r) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

Ducks
    Season Dates: Begin October 1, 1999, end January 31, 2000.
    Daily Bag and Possession Limits: 9 and 18 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.

[[Page 51669]]

(s) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Non-tribal Hunters)

Ducks (including mergansers)
    Season Dates: Begin October 2, 1999, end January 6, 2000.
    Daily Bag and Possession Limits: 6 ducks, including no more than 5 
mallards (only 1 of which may be a hen), 1 pintail, 3 scaup, 1 mottled 
duck, 2 redheads, 1 canvasback, 2 wood ducks, and 1 hooded merganser. 
The possession limit is twice the daily bag limit.
Canada Geese
    Season Dates: Begin October 16, 1999, end January 16, 2000.
    Daily Bag and Possession Limits: 3 geese. The possession limit is 
twice the daily bag limit.
White-fronted Geese
    Season Dates: Begin October 16, end December 26, 2000.
    Daily Bag and Possession Limits: 2 geese. The possession limit is 
twice the daily bag limit.
Light Geese
    Season Dates: Begin October 16, 1999, end January 16, 2000, begin 
February 25, end March 10, 2000.
    Daily Bag Limit: 20 geese.
    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. Non-tribal hunters must possess a validated Migratory 
Waterfowl Hunting and Conservation Stamp. The Lower Brule Sioux Tribe 
has an official Conservation Code that hunters must adhere to when 
hunting in areas subject to control by the tribe.

(t) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho (Non-tribal Hunters)

Ducks (including Mergansers)
    Season Dates: Begin October 2, 1999, end January 16, 2000.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 1 pintail, 1 canvasback, 4 scaup, 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 2, 1999, end January 9, 2000.
    Daily Bag and Possession Limits: 4 geese, including not more than 3 
light 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: Non-tribal 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.

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

Ducks (Including Mergansers)
    Season Dates: Begin October 2, 1999, end February 23, 2000.
    Daily Bag and Possession Limits: 10 ducks, including no more than 2 
female mallards, 1 pintail, 1 canvasback, 4 scaup, 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: 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.

(v) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Non-
tribal Hunters)

Ducks (including Mergansers)
    Season Dates: Begin October 9, end December 21, 1999.
    Daily Bag and Possession Limits: 6 ducks, including no more than 5 
mallards (no more than 2 female mallards), 2 redheads, 1 pintail, 1 
hooded merganser, 1 canvasback, 3 scaup, 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 October 30, 1999, end January 31, 2000.
    Daily Bag and Possession Limits: 3 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 30, 1999, end January 23, 2000.
    Daily Bag and Possession Limits: 20 geese, no possession limit.
    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 non-tribal 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.

    Dated: September 15, 1999.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-24811 Filed 9-22-99; 8:45 am]
BILLING CODE 4310-55-P