[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Rules and Regulations]
[Pages 58664-58671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25177]


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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 
Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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[[Page 58665]]

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 September 29, 2000.

ADDRESSES: You may inspect comments on the special hunting regulations 
and tribal proposals during normal business hours in Room 634, 
Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.

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, 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 the 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 
late-season proposals. Early-season proposals were was addressed in the 
September 1 Federal Register (65 FR 53190). 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 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 late-season 
proposals are included in this final rulemaking; 15 tribes have 
proposals with late seasons. Comments and proposals are addressed in 
the following section. The comment period for the proposed rule, 
published on August 18, 2000, closed on August 28, 2000.
    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. We responded to this 
comment in the September 1 Federal Register.

NEPA Consideration

    Under 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.

[[Page 58666]]

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, 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 our 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 (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 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 rule is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this 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 E.O. 12988.

Takings Implication Assessment

    Under 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

    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, under E.O. 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, under the President's memorandum 
of April 29, 1994, ``Government-to-Government Relations with Native 
American Tribal Governments'' (59 FR 22951) and 512

[[Page 58667]]

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 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. 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 amended by revising paragraphs (a), (b), (f), 
(g), (j), (o), (p) and (r), and by adding paragraphs (s) through (y) to 
read as set forth below. (Current Sec. 20.110 was published at 65 FR 
53193, September 1, 2000.)


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, 2000, close January 7, 2001.
    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 7, 2000, close January 21, 2001.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than one pintail, two redheads, two hen mallards, four scaup, two 
goldeneyes, two cinnamon teal, and one 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 18, 2000, end January 14, 2001.
    Daily Bag and Possession Limits: Four geese, including no more than 
two dark (Canada) geese and three white (snow, blue, Ross's) geese. The 
possession limit is eight.
    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.

Ducks

    Season Dates: Begin October 7, end December 19, 2000.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (including no more than two female mallards), one mottled 
duck, one canvasback, two redheads, one pintail, two scaup, and two 
wood ducks. The possession limit is twice the daily bag limit.

Mergansers

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Five mergansers, including no more 
than one hooded merganser. The possession limit is twice the daily bag 
limit.

Canada Geese

    Season Dates: Begin October 21, 2000, end January 23, 2001.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Begin September 30, end December 24, 2000.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Begin September 30, close December 24, 2000, 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

[[Page 58668]]

Crow Creek Sioux Tribe also apply on the reservation.
* * * * *

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

Tribal Members

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.

Non-Tribal Hunters

Ducks

    Season Dates: Open September 30, 2000, close January 21, 2001. 
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: Seven ducks, including no more 
than one pintail, two hen mallards, two redheads, four scaup, and one 
canvasback.

Geese

    Season Dates: Begin September 30, 2000, close January 21, 2001. 
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: Four geese, including four dark 
geese but not more than three 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.

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

Ducks

    Season Dates: Begin September 30, end November 28, 2000.
    Daily Bag Limits: Six ducks, including no more than four mallards 
(only one of which may be a hen), three scaup, one black duck, two 
redheads, two wood ducks, one pintail, and one canvasback.

Mergansers

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Five mergansers, including no more 
than one hooded merganser. The possession limit is twice the daily bag 
limit.

Coots and Common Moorhens (Common Gallinules)

    Season Dates: Begin September 30, end November 28, 2000.
    Daily Bag Limit: 15 coots and common moorhens (common gallinules), 
singly or in the aggregate.

Canada Geese

    Season Dates: Open September 1, close September 15, then open 
September 17, close October 4, 2000.
    Daily Bag Limits: Five geese in the first portion and two geese 
thereafter.

Other Geese

    Season Dates: Same as for ducks.
    Daily Bag Limits: Ten geese, including no more than two whitefronts 
or two brant.

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.
* * * * *

(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.

Ducks (Including Mergansers)

    Season Dates: Begin September 30, 2000, close January 14, 2001.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, four scaup, and two 
redheads. The possession limit is twice the daily bag limit.

Dark Geese

    Season Dates: Begin September 30, 2000, end January 7, 2001.
    Daily Bag and Possession Limits: Three and six 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 stamp face. Special regulations established by the 
Navajo Nation also apply on the reservation.
* * * * *

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

Tribal Members

Ducks/Coot

    Season Dates: Open September 15, 2000, and close February 1, 2001.
    Daily Bag and Possession Limits: 6 and 12 birds, 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 under 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.

Non-Tribal Hunters

Ducks

    Season Dates: Begin October 7, 2000, end January 21, 2001.

[[Page 58669]]

    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, four scaup, and two 
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 14, 2000, end January 21, 2001.
    Daily Bag and Possession Limits: Four geese, including four dark 
geese but no more than three light geese. The possession limit is twice 
the daily bag limit.

Brant

    Season Dates: Begin January 6, end January 21, 2001.
    Daily Bag and Possession Limits: Two and four brant, respectively.
    General Conditions: All waterfowl hunters, members and non-members, 
must obtain and possess while hunting a valid hunting permit from the 
Tulalip tribes. Also, non-tribal members sixteen years of age and 
older, hunting under 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)

Ducks

    Season Dates: Open October 10, 2000, and close January 20, 2001.
    Daily Bag and Possession Limits: Six ducks, including no more than 
two hen mallards, two black ducks (one black duck from December 2 to 
December 9, 2000), two mottled ducks, one fulvous whistling duck, four 
mergansers, three scaup, one hooded merganser, two wood ducks, one 
canvasback, two redheads, one pintail, and one hen eider. The season is 
closed for harlequin ducks. In addition to the daily duck bag limit, a 
daily bag limit of six teal is allowed.

Sea Ducks

    Season Dates: Open October 14, 2000, and close January 6, 2001.
    Daily Bag and Possession Limits: Seven ducks including no more than 
four of any one species.

Geese

    Season Dates: Open September 19, 2000, and close January 20, 2001.
    Daily Bag and Possession Limits: 4 Canada geese and 15 snow geese.

Woodcock

    Season Dates: Open October 14, and close November 15, 2000.
    Daily Bag and Possession Limits: Three woodcock.
    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 
part 20.
* * * * *

(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.

Ducks (Including Mergansers)

    Season Dates: Begin October 21, 2000, end January 21, 2001.
    Daily Bag and Possession Limits: Four ducks, including no more than 
three mallards (including no more than one hen mallard), two redheads 
or one canvasback and one redhead, and one 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: Begin October 21, 2000, end January 12, 2001.
    Bag and Possession Limits: Three and six, 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 entire length of the Black River west of the Bonito 
Creek and Black River confluence 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, 
5, 6, and 7. Tanks located below the Mogollon Rim, within Wildlife 
Management Units 2 and 3 will be open to waterfowl hunting during the 
2000-01 season. All other waters of the reservation will be closed to 
waterfowl hunting for the 2000-01 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.

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

Ducks (Including Mergansers)

    Season Dates: Begin September 30, 2000, end January 14, 2001.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, four scaup, and two 
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 September 30, 2000, end January 7, 2001.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.

Light Geese

    Season Dates: Begin September 30, 2000, end January 7, 2001.
    Daily Bag and Possession Limits: Three and six geese, respectively.

[[Page 58670]]

    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.

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

Ducks (Including Mergansers)

    Season Dates: Begin October 7, end November 30, 2000.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, one pintail, two redheads, 
four scaup, and one canvasback. The possession limit is twice the daily 
bag limit.

Canada Geese

    Season Dates: Begin October 7, end November 30, 2000.
    Daily Bag and Possession Limits: Two and four, 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.

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

Ducks

    Season Dates: Begin October 1, 2000, end January 28, 2001.
    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 its game management officers, 
biologists and wildlife technicians with regulations enforcement 
authority, and has a court system with judges that hear cases and set 
fines.

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

Ducks (Including Mergansers)

    Season Dates: Begin October 7, 2000, end January 11, 2001.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (only one of which may be a hen), one pintail, three 
scaup, one mottled duck, two redheads, one canvasback, two wood ducks, 
and one hooded merganser. The possession limit is twice the daily bag 
limit.

Canada Geese

    Season Dates: Begin October 14, 2000, end January 16, 2001.
    Daily Bag and Possession Limits: Three geese. The possession limit 
is twice the daily bag limit.

White-Fronted Geese

    Season Dates: Begin October 14, 2000, end January 7, 2001.
    Daily Bag and Possession Limits: Two geese. The possession limit is 
twice the daily bag limit.

Light Geese

    Season Dates: Begin October 14, 2000, end January 14, 2001, then 
begin February 24, end March 9, 2001.
    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 
Bird 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.

(w) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort 
Hall, Idaho (Non-Tribal Hunters)

Ducks (Including Mergansers)

    Season Dates: Begin October 7, 2000, end January 19, 2001.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one scaup, and two 
redheads. The possession limit is twice the daily bag limit.

Mergansers

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 5 and 10 mergansers, respectively.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 10 and 20 coots, respectively.

Geese

    Season Dates: Begin October 14, 2000, end January 19, 2001.
    Daily Bag and Possession Limits: Four geese, including not more 
than three light geese or two white-fronted geese. The possession limit 
is twice the daily bag limit.

Common Snipe

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: 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.

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

Ducks (Including Mergansers)

    Season Dates: Begin September 30, 2000, end February 21, 2001.
    Daily Bag and Possession Limits: 10 ducks, including no more than 2 
hen 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: Seven geese, including seven dark 
geese but no more than six 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.

[[Page 58671]]

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

Ducks (Including Mergansers)

    Season Dates: Begin October 14, end December 26, 2000.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (no more than two hen mallards), two redheads, one 
pintail, one hooded merganser, one canvasback, three scaup, and two 
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 28, 2000, end January 30, 2001.
    Daily Bag and Possession Limits: Three geese, including no more 
than one white-fronted goose (or brant). The possession limit is twice 
the daily bag limit.

Light Geese

    Season Dates: Begin October 28, 2000, end February 11, 2001.
    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 27, 2000.
Stephen C. Saunders,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-25177 Filed 9-27-00; 3:38 pm]
BILLING CODE 4310-55-P