[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Rules and Regulations]
[Pages 53190-53197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22596]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AG08


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2000-01 
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 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 September 1, 2000.

ADDRESSES: You 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. You should send communications regarding the 
documents to: Director (FWS/DMBM), U.S. Fish and Wildlife Service, ms 
63-ARLSQ, 1849 C Street, NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division 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,

[[Page 53191]]

purchased, shipped, carried, exported or transported.
    In the August 18, 2000, Federal Register (65 FR 50483), we proposed 
special migratory bird hunting regulations for the 2000-01 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 April 25, 2000, Federal Register (65 FR 24260), we requested 
that tribes desiring special hunting regulations in the 2000-01 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 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 August 18 Federal Register, we 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. As a result of these status, we have 
responded by proposing Flyway frameworks that are essentially the same 
as those of last season for the 2000-01 waterfowl hunting season 
(August 22, 2000, Federal Register, 65 FR 51174). The tribal seasons 
established below are commensurate with the population status.

Comments and Issues Concerning Tribal Proposals

    For the 2000-01 migratory bird hunting season, we proposed 
regulations for 25 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; 18 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 18, 2000, closed on August 28, 
2000. Because of the necessary brief comment period, we will respond to 
any comments received on the proposed rule and/or these late-season 
regulations not responded to herein in the September late-season final 
rule.
    We received one comment regarding the notice of intent published on 
April 25, 2000, which announced rulemaking on regulations for migratory 
bird hunting by American Indian tribal members. The Michigan Department 
of Natural Resources commented on the establishment of tribal 
regulations on 1836 Treaty areas. Michigan believed it was premature of 
the Service to establish waterfowl regulations in areas covered by the 
1835 Treaty until such time as the issue of 1836 Treaty hunting rights 
are affirmed by a court of competent jurisdiction.
    Service Response: Our position is that the Federal Government does 
recognize the Treaty of 1836 as reserving to the affected tribes or 
bands hunting rights in the ceded territory. Further, the Federal 
courts have already confirmed the retention of reserved fishing rights 
in the territory ceded by the Treaty of 1836 in United States v. 
Michigan, 471 F.Supp. 192 (W.D. Mich. 1979), remanded, 623 F.2d 448 
(6th Cir. 1980), order modified, 653 F.2d 277 (6th Cir. 1981), cert. 
denied, 454 U.S. 1124 (1981). That case and cases dealing with other 
treaty cessions, such as Lac Courte Oreilles v. Wisconsin (i.e., both 
the 1837 and the 1842 Treaties), provide persuasive precedent for the 
belief that hunting as well as fishing rights were reserved by the 
tribes in the Treaty of 1836. We have not altered our position on this 
matter.

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 53192]]

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 DMBM, 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 U.S. Department of Commerce's County Business Patterns from which 
it was estimated that migratory bird hunters would spend between $429 
million and $1,084 million at small businesses in 1998. Copies of the 
Analysis are available upon request.

Executive Order 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 Executive 
Order 12866. This rule is a small portion of the overall migratory bird 
hunting frameworks and was not individually submitted and reviewed by 
OMB under Executive Order 12866.

Small Business Regulatory Enforcement Fairness Act

    This rule is a major rule under 5 U.S.C. 804(2), the Small Business 
Regulatory Enforcement Fairness Act. For the reasons outlined above, 
this rule has 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. OMB has also approved the information 
collection requirements of the Sandhill Crane Harvest Questionnaire and 
assigned clearance number 1018-0023 (expires 7/31/2003). The 
information from this survey is used to estimate the magnitude, the 
geographical and temporal distribution of harvest, and the portion it 
constitutes of the total population. 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 Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not ``significantly or uniquely'' affect small 
governments, and will not produce a Federal mandate of $100 million or 
more in any given year on local or State government or private 
entities. Therefore, this proposed rule is not a ``significant 
regulatory action'' under the Unfunded Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that this rule will not unduly burden the judicial system and meets the 
requirements of 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. 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 Executive Order 
13132, 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.

[[Page 53193]]

However, by virtue of the tribal proposals received in response to the 
April 25, 2000, request for proposals and the August 18, 2000, 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 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, 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. 742a-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, 2000; then open 
November 17, 1999, close January 7, 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.
    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 16, close October 22, 2000.
    Daily Bag Limit: Three 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)

    All seasons in Minnesota, 1854 Treaty Zone:
Ducks and Mergansers
    Season Dates: Open September 15, close December 3, 2000.
    Daily Bag Limit for Ducks: 18 ducks, including no more than 12 
mallards (only 6 of which may be hens), 3 black ducks; 9 scaup; 6 wood 
ducks; 6 redheads, 3 pintails and 3 canvasbacks.
    Daily Bag Limit for Mergansers: 15 mergansers, including no more 
than 3 hooded merganser.
Geese
    Season Dates: Open September 1, close December 3, 2000.
    Daily Bag Limit: 12 geese.
Coots and Common Moorhens (Gallinule)
    Season Dates: Open September 15, close December 3, 2000.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
    Season Dates: Open September 1, close December 3, 2000.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate. The possession limit is 25.
Common Snipe and Woodcock
    Season Dates: Open September 1, close December 3, 2000.
    Daily Bag Limit: Eight snipe and three 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.

[[Page 53194]]

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 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)

    All seasons in Michigan, 1836 Treaty Zone:
Ducks
    Season Dates: Open September 20, 2000, close January 20, 2001.
    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
    Season Dates: Open September 1, close November 30, 2000, and open 
January 1, 2001, close February 8, 2001.
    Daily Bag Limit: Five geese.
Other Geese (white-fronted geese, snow geese, and brant)
    Season Dates: Open October 1, close November 30, 2000.
    Daily Bag Limit: Five geese.
Sora Rails, Common Snipe, and Woodcock
    Season Dates: Open September 1, close November 14, 2000.
    Daily Bag Limit: Five rails, Five snipe, and Five 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, 2000.
    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, 2000.
    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: All Ceded Areas
    Season Dates: Begin September 15 and end December 1, 2000.
    Daily Bag Limit: Five mergansers.
Geese: All Ceded Areas
    Season Dates: Begin September 1 and end December 1, 2000. In 
addition, any portion of the ceded territory which is open to State-
licensed hunters for goose hunting after December 1 shall also be open 
concurrently for tribal members.
    Daily Bag Limit: 10 geese.
Other Migratory Birds: All Ceded Areas
A. Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 15 and end December 1, 2000.
    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, 2000.
    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, 2000.
    Daily Bag Limit: Eight common snipe.
D. Woodcock
    Season Dates: Begin September 5 and end December 1, 2000.
    Daily Bag Limit: Five 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 
model ceded territory conservation codes approved by Federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. The respective Chapter 10 of these 
model codes regulate ceded territory migratory bird hunting. They 
parallel Federal requirements in 50 CFR Part 20 as to hunting methods, 
transportation, sale, exportation and other conditions generally 
applicable to migratory bird hunting. They also automatically 
incorporate by reference the Federal migratory bird regulations 
adopted.
    3. Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    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 that 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 that fall on reservation lands will not 
count as part of any off-reservation bag or possession limit.
    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, 2000, close January 31, 2001.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than one pintail, two hen mallards, four scaup, and one canvasback.
Geese
    Season Dates: Open September 1, 2000, close January 31, 2001.
    Daily Bag and Possession Limits: Four geese, including four dark 
geese but not more than three 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.

[[Page 53195]]

(g) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only)

Canada Geese
    Season Dates: Open September 1, close September 15, then open 
September 24, close October 8, 2000.
    Daily Bag Limits: Five geese in the first portion and two geese 
thereafter.
Rails, Snipe, and Woodcock
    Season Dates: Open September 15, close November 14, 2000.
    Daily Bag Limit: 25 rails, 8 snipe, and 3 woodcock.
    General: Possession limits are twice the daily bag limit, except 
for rails, which are equal to the daily bag limit.

(h) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan 
(Tribal Members Only)

Ducks
    Season Dates: Open September 20, close January 20, 2001.
    Daily Bag Limits: 10 ducks, including no more than 5 mallards (only 
2 of which may be hens), 2 black ducks, 2 redheads, 2 wood ducks, 1 
pintail, 1 hooded merganser, and 1 canvasback.
Geese
    Season Dates: Open September 1, close November 30, 2000, then open 
January 1, 2001, close February 8, 2001.
    Daily Bag Limits: Five geese.
Rails, Snipe, and Woodcock
    Season Dates: Open September 1, close November 14, 2000.
    Daily Bag Limit: Five rails, five snipe, and five woodcock.
    General: Possession limits are twice the daily bag limits.

(i) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only)

Ducks, Mergansers, and Coots
    Season Dates: Open September 16, close December 31, 2000.
    Daily Bag Limits: 10 birds.
Geese
    Season Dates: Open September 2, close December 31, 2000.
    Daily Bag Limits: 10 geese.
    General: Possession limits are twice the daily bag limits. Shooting 
hours are one-half hour before sunrise to one-half hour after sunset. 
Non-toxic shot is required.

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

Band-Tailed Pigeons
    Season Dates: Open September 1, close September 30, 2000.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
    Season Dates: Open September 1, close September 30, 2000.
    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.

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

Ducks
    Season Dates: Open September 16, close November 17, 2000.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (only one of which may be a hen), five wood ducks, one 
canvasback, one redhead, two pintails, and one hooded merganser. 
Possession limit is twice the daily bag limit.
Geese and Brant
    Season Dates: Open September 1, close November 18, open November 
27, close December 31, 2000.
    Daily Bag and Limits: Five brant, three Canada geese, and five snow 
geese. Geese 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 16, close November 17, 2000.
    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 
three shells.

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

Ducks
    Season Dates: Open September 15, 2000, close January 15, 2001.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintails, one canvasback, two redheads, and 
one harlequin duck. Possession limit is twice the daily bag limit.
Geese
    Season Dates: Open September 15, 2000, close January 15, 2001.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.
Brant
    Season Dates: Open September 15, 2000, close January 15, 2001.
    Daily Bag and Possession Limits: Two brant. Possession limit is 
twice the daily bag limit.
Coots
    Season Dates: Open September 15, 2000, close January 15, 2001.
    Daily Bag Limits: 25 coots.
Mourning Doves
    Season Dates: Open September 1, close September 30, 2000.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
    Season Dates: Open September 15, close January 15, 2001.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: All hunters authorized to hunt migratory birds 
on the reservation must obtain a tribal hunting permit from the 
respective tribe. Hunters are also required to adhere to a number of 
special regulations available at the tribal office.

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

Mourning Dove
    Season Dates: September 17, 2000, through January 20, 2001.
    Daily Bag Limit: 15 doves.
    General Conditions: Hunting is on Sundays only. All other Federal 
regulations contained in 50 CFR part 20 apply.

[[Page 53196]]

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

Ducks
    Season Dates: Open September 15, 2000, close January 15, 2001.
    Daily Bag and Possession Limits: Five ducks, including no more than 
one canvasback. The season on harlequin ducks is closed. Possession 
limit is twice the daily bag limit.
Geese
    Season Dates: Open September 15, 2000, close January 15, 2001.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than two snow geese and one 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, 2000.
    Daily Bag and Possession Limits: Two and four brant, respectively.
Coots
    Season Dates: Open September 15, 2000, close January 15, 2001.
    Daily Bag Limits: 25 coots.
Snipe
    Season Dates: Open September 15, 2000, and close January 15, 2001.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Band-Tailed Pigeons
    Season Dates: Open September 15, close December 1, 2000.
    Daily Bag and Possession Limits: Two and four 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.

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

Ducks/Coot
    Season Dates: Open September 15, 2000, and close February 1, 2001.
    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, 2000, and close February 1, 2001.
    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.

(p) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only)

Geese
    Season Dates: Open September 19, 2000, and close January 20, 2001.
    Daily Bag and Possession Limits: 4 Canada geese and 15 snow geese.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Non-toxic shot is required. Tribal members will observe all 
basic Federal migratory bird hunting regulations contained in 50 CFR.

(q) White Earth Band of Chippewa, White Earth, Minnesota (Tribal 
Members Only)

Ducks and Mergansers
    Season Dates: Open September 16, close December 17, 2000.
    Daily Bag Limit for Ducks: Eight ducks, including no more than two 
mallards and one canvasback through September 22 and no more than two 
hen mallards and two canvasbacks thereafter.
    Daily Bag Limit for Mergansers: Five mergansers, including no more 
than four hooded mergansers.
Geese
    Season Dates: Open September 1, close December 17, 2000.
    Daily Bag Limit: Five geese.
Coots
    Season Dates: Open September 16, close December 17, 2000.
    Daily Bag Limit: 20 coots.
Sora and Virginia Rails
    Season Dates: Open September 9, close December 1, 2000.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate. The possession limit is 25.
Common Snipe and Woodcock
    Season Dates: Open September 9, close December 1, 2000.
    Daily Bag Limit: 10 snipe and 10 woodcock.
Mourning Dove
    Season Dates: Open September 9, close December 1, 2000.
    Daily Bag Limit: 25 doves.
    General Conditions: Shooting hours are one-half hour before sunrise 
to one-half hour after sunset. Non-toxic shot is required.

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

Band-Tailed Pigeons
    Season Dates: Open September 6, close September 20, 2000.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.
Mourning Doves
    Season Dates: Open September 6, close September 20, 2000.
    Daily Bag and Possession Limits: 10 and 20 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.


[[Page 53197]]


    Dated: August 29, 2000.
Stephen C. Saunders,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-22596 Filed 8-31-00; 8:45 am]
BILLING CODE 4310-55-U