[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Rules and Regulations]
[Pages 46200-46207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22034]



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Part VII





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting Regulations on Certain Federal Indian 
Reservations and Ceded Lands for the 2001-02 Early Season; Final Rule

  Federal Register / Vol. 66, No. 170 / Friday, August 31, 2001 / Rules 
and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AH-79


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2001-02 
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, 2001.

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/MBM), U.S. Fish and Wildlife Service, ms 
634-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, purchased, shipped, carried, exported or 
transported.
    In the August 14, 2001, Federal Register (66 FR 42712), we proposed 
special migratory bird hunting regulations for the 2001-02 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 30, 2001, Federal Register (66 FR 21298), we requested 
that tribes desiring special hunting regulations in the 2001-02 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 July 24, 2001 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 reports, we 
have responded by proposing Flyway frameworks that are essentially the 
same as those of last season for the 2001-02 waterfowl hunting season 
(July 24, 2001, Federal Register, 66 FR 38494). The tribal seasons 
established below are commensurate with the population status.

Comments and Issues Concerning Tribal Proposals

    For the 2001-02 migratory bird hunting season, we proposed 
regulations for 29 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; 21 tribes have 
proposals with early seasons. Comments and revised proposals received 
to date are addressed in the following section. The comment period for 
the proposed rule, published on August 14, 2001, closed on August 24, 
2001. 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 30, 2001, 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.

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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 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 MBM, 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 billion 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.

Energy Effects--E.O. 13211

    On May 18, 2001, the President issued E.O. 13211 on regulations 
that significantly affect energy supply, distribution, and use. E.O. 
13211 requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. While this rule is a significant 
regulatory action under E.O. 12866, it is not expected to adversely 
affect energy supplies, distribution, or use. Therefore, this action is 
not a significant energy action and no Statement of Energy Effects is 
required.

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 control 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

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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 E.O. 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) Executive Order 
13175 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 April 30, 2001, request for proposals and 
the August 14, 2001, 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, Pub L. 106-
108.

    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, 2001; then open 
November 16, 2001, close January 13, 2002.
    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 15, close October 21, 2001.
    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 possession limit is twice the daily bag 
limit. 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

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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 2, 2001.
    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 (All species)

    Season Dates: Open September 1, close December 17, 2001.
    Daily Bag Limit: 12 geese.

Coots and Common Moorhens (Gallinule)

    Season Dates: Open September 15, close December 2, 2001.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Sora and Virginia Rails

    Season Dates: Open September 1, close December 2, 2001.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate. There is no possession limit.

Common Snipe and Woodcock

    Season Dates: Open September 1, close December 2, 2001.
    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. There are no possession limits on any species, unless otherwise 
noted above. 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 15, 2001, close January 15, 2002.
    Daily Bag Limit: 12 ducks, which may include no more than 2 
pintail, 2 canvasback, 3 black ducks, 1 hooded merganser, 3 wood ducks, 
3 redheads, and 6 mallards (only 3 of which may be hens).

Canada Geese

    Season Dates: Open September 1, close November 30, 2001, and open 
January 1, 2002, close February 8, 2002.
    Daily Bag Limit: Five geese.

Other Geese (white-fronted geese, snow geese, and brant)

    Season Dates: Open September 20, close November 30, 2001.
    Daily Bag Limit: Five geese.

Sora Rails, Common Snipe, and Woodcock

    Season Dates: Open September 1, close November 14, 2001.
    Daily Bag Limit: Five rails, five snipe, and five woodcock.

Mourning Doves

    Season Dates: Open September 1, close November 14, 2001.
    Daily Bag Limit: Ten mourning doves.

General Conditions

    A valid Grand Traverse Band Tribal license is required 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 2, 2001.
    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 2, 2001.
    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 2, 2001.
    Daily Bag Limit: Five mergansers.
    Geese: All Ceded Areas.
    Season Dates: Begin September 1 and end December 2, 2001. 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 in aggregate.

Other Migratory Birds: All Ceded Areas except where noted below

A. Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 15 and end December 2, 2001.
    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 2, 2001.
    Daily Bag Limit: 25 sora and Virginia rails singly, or in the 
aggregate.
    Possession Limit: 25.
C. Common Snipe
    Season Dates: Begin September 15 and end December 2, 2001.
    Daily Bag Limit: Eight common snipe.
D. Woodcock
    Season Dates: Begin September 4 and end December 2, 2001.
    Daily Bag Limit: Five woodcock.
E. Mourning Doves: 1837 and 1842 Ceded Territories
    Season Dates: Begin September 1 and end October 30, 2001.
    Daily Bag Limit: Fifteen mourning doves.

[[Page 46204]]

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 territory migratory bird hunting. 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. Particular regulations of note include:
    A. Nontoxic shot will be required for all waterfowl hunting.
    B. 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.
    C. 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. All migratory birds that fall on reservation lands will 
not count as part of any off-reservation bag or possession limit.
    D. The tribe proposes that the baiting restrictions included in the 
respective sections 10.05 (2)(h) of the model ceded territory 
conservation codes be amended to include language which parallels that 
in place for non-tribal members as published in 64 FR 29804, June 3, 
1999.
    E. They also propose to remove the shell limit restrictions 
included in the respective sections 10.05(2)(b) of the model ceded 
territory conservation codes.
    5. Michigan--Duck Blinds and Decoys. Tribal members hunting in 
Michigan will comply with tribal codes that contain provisions that 
parallel applicable Michigan laws concerning duck blinds and/or decoys.

(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters).

Non-tribal Hunters on Reservation

Geese
    Season Dates: Open September 1, 2001, close September 15, 2001.
    Daily Bag and Possession Limits: 5 and 10, respectively.

Tribal Hunters Within Kalispel Ceded Lands

Ducks
    Season Dates: Open September 15, 2001, close January 31, 2002.
    Daily Bag Limit: 7 ducks, including no more than 2 female mallards, 
1 pintail, 4 scaup, 2 redheads. The season on canvasbacks is closed, 
except one canvasback may be included in the daily bag for 38 
consecutive days within the Pacific Flyway duck season.
Geese
    Season Dates: Open September 1, close January 31, 2002.
    Daily Bag Limit: 3 light geese and 4 dark geese. The daily bag 
limit is 2 brant and is in addition to dark goose limits.
    General: Tribal members must possess a validated Migratory Bird 
Hunting and Conservation Stamp and a tribal ceded lands permit.

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

Ducks

    Season Dates: Open September 15, close December 31, 2001.
    Daily Bag Limits: 10 birds.

Geese

    Season Dates: Open September 1, close December 31, 2001.
    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. Use of live decoys, bait, and commercial use of 
migratory birds are prohibited.

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

Canada Geese

    Season Dates: Open September 1, close September 15, 2001 early 
season, then open September 16, close December 2, 2001 regular season, 
and open February 2, close February 17, 2002 late season.
    Daily Bag Limits: Five geese in the early and late seasons and two 
geese in the regular portion of the season.

White-fronted Geese, Snow Geese, Blue Geese, and Brant

    Season Dates: Open September 16, close December 2, 2001.
    Daily Bag and Limits: 10 geese which could include no more than 2 
white-fronted geese and 2 two brant.

Rails, Snipe, and Woodcock

    Season Dates: Open September 15, close November 14, 2001.
    Daily Bag Limit: 25 rails, 8 snipe, and 3 woodcock.

General

    A. All tribal members will be required to obtain a valid tribal 
resource card and 2001-02 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    C. Particular regulations of note include:
    (1) Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    (2) 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 
parallels state regulations.
    (3) 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.
    D. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.

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

Ducks

    Season Dates: Open September 20, 2001, close January 20, 2002.
    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.

Canada Geese

    Season Dates: Open September 1, 2001, close January 20, 2002.
    Daily Bag and Possession Limits: Five geese.

[[Page 46205]]

Sora Rails, Snipe, and Woodcock

    Season Dates: Open September 1, close November 14, 2001.
    Daily Bag Limit: Five rails, five snipe, and five woodcock.

General

    Possession limits are twice the daily bag limits.

(j) Makah Indian Tribe, Neah Bay, Washington (Tribal Members)

Ducks and Coots

    Season Dates: Open September 15, 2001 close January 13, 2002.
    Daily Bag Limit: Seven ducks including no more than one canvasback 
and one Redhead.

Geese

    Season Dates: Open September 8, 2001 close January 13, 2002.
    Daily Bag Limit: Four.

General

    All other Federal regulations contained in 50 CFR part 20 would 
apply. The following restrictions are also proposed by the tribe: (1) 
As per Makah Ordinace 44, only shotguns may be used to hunt any species 
of waterfowl. Additionally, shotguns must not be discharged within 0.25 
miles of an occupied area; (2) Hunters must be eligible, enrolled Makah 
tribal members and must carry their Indian Treaty Fishing and Hunting 
Identification Card while hunting. No tags or permits are required to 
hunt waterfowl; (3) The Cape Flattery area is open to waterfowl 
hunting, except in designated wilderness areas, or within one mile of 
Cape Flattery Trail, or in any area that is closed to hunting by 
another ordinance or regulation; (4) The use of live decoys and/or 
baiting to pursue any species of waterfowl is prohibited; (5) Steel or 
bismuth shot only for waterfowl is allowed, the use of lead shot is 
prohibited; (6) The use of dogs is permitted to hunt waterfowl.

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

Band-tailed Pigeons

    Season Dates: Open September 1, close September 30, 2001.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1, close September 30, 2001.
    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.

(l) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only).

Geese

    Season Dates: Open September 1, close November 16, open November 
26, close December 31, 2001.
    Daily Bag and Limits: Three Canada geese. Hunters will be issued 
three tribal tags for geese in order to monitor goose harvest. An 
additional three tags will be issued each time birds are registered. A 
season quota of 150 birds is adopted. If the quota is reached before 
the season concludes, the season will be closed at that time.

Woodcock

    Season Dates: Open September 1, close November 12, 2001.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.

General Conditions

    The tribe proposes shooting hours be one-half hour before sunrise 
to one-half hour after sunset. Nontribal members hunting on the 
Reservation or on lands under the jurisdiction of the tribe must comply 
to all State of Wisconsin regulations. Tribal members and nontribal 
members hunting on the Reservation or on lands under the jurisdiction 
of the tribe will observe all basic Federal migratory bird hunting 
regulations found in 50 CFR part 20, with the following exceptions: 
Indian hunters would be exempt from the purchase of the Migratory 
Waterfowl Hunting and Conservation Stamp (Duck Stamp); and shotgun 
capacity is not limited to three shells.

(m) Point No Point Treaty Tribes, Kingston, Washington (Tribal 
Members Only).

Ducks and Mergansers

    Season Dates: Open September 15, 2001, close February 28, 2002.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, two pintails, one canvasback, one harlequin, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 15, 2001, close February 28, 2002.
    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, 2001, close February 28, 2002.
    Daily Bag and Possession Limits: Two brant. Possession limit is 
twice the daily bag limit.

Coots

    Season Dates: Open September 15, 2001, close February 28, 2002.
    Daily Bag Limits: 25 coots.

Mourning Doves

    Season Dates: Open September 1, 2001, close January 15, 2002.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 15, 2001, close January 15, 2002.
    Daily Bag and Possession Limits: 10 and 20 snipe, respectively.

Band-tailed Pigeon

    Season Dates: Open September 1, 2001, close January 15, 2002.
    Daily Bag and Possession Limits: 5 and 10, 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.

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

Mourning Dove

    Season Dates: September 16, 2001, through January 20, 2002.
    Daily Bag Limit: 12.

General Conditions

    Hunting is on Sundays only. All other Federal regulations contained 
in 50 CFR part 20 apply.

[[Page 46206]]

(o) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members Only)

Ducks

    Season Dates: Open September 15, 2001, close January 15, 2002.
    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, 2001, close January 15, 2002.
    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, 2001.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

    Season Dates: Open September 15, 2001, close January 15, 2002.
    Daily Bag Limits: 25 coots.

Snipe

    Season Dates: Open September 15, 2001, and close January 15, 2002.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-tailed Pigeons

    Season Dates: Open September 1, close December 31, 2001.
    Daily Bag and Possession Limits: 5 and 10 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.

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

Ducks (Including Coots and Mergansers)

    Season Dates: Open September 15, 2001, and close February 1, 2002.
    Daily Bag and Possession Limits: 6 and 12 ducks, respectively per 
species for all species except that bag and possession limits may 
include no more than 2 female mallards, 1 pintail, 4 scaup, 2 redheads. 
The season on canvasbacks is closed, except one canvasback may be 
included in the daily bag for 38 consecutive days within the Pacific 
Flyway duck season.

Geese

    Season Dates: Open September 15, 2001, and close February 1, 2002.
    Daily Bag and Possession Limits: 6 and 12 geese, respectively; 
except that the bag limits may not include more than 2 brant and 1 
cackling Canada goose. The tribes also set a maximum annual bag limit 
on ducks and geese for those tribal members who engage in subsistence 
hunting of 365 ducks and 365 geese.

Snipe

    Season Dates: Open September 15, 2001, through February 1, 2002.
    Daily Bag and Possession Limits: 8 and 16, respectively.

General Conditions

    All hunters on Tulalip Tribal lands are required to adhere to 
shooting hour regulations set at one-half hour before sunrise to 
sunset, special tribal permit requirements, and a number of other 
tribal regulations enforced by the tribe. Nontribal hunters 16 years of 
age and older, hunting pursuant to Tulalip Tribes' Ordinance No. 67, 
must possess a valid Federal Migratory Bird Hunting and Conservation 
Stamp and a valid State of Washington Migratory Waterfowl Stamp. Both 
stamps must be validated by signing across the face of the stamp. Other 
tribal regulations apply, and may be obtained at the tribal office in 
Marysville, Washington.

(q) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only)

Mourning Dove

    Season Dates: Open September 1, end December 31, 2001.
    Daily Bag Limit: 12 mourning dove.
    Tribal members must have the tribal identification and harvest 
report card on their person to hunt. Tribal members hunting on the 
Reservation will observe all basic Federal migratory bird hunting 
regulations found in 50 CFR.

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

Geese

    Season Dates: Open September 15, 2001 and close September 22, 2001, 
and open November 3, 2001, close February 23, 2002.
    Daily Bag and Possession Limits: 5 Canada geese during the first 
period, 3 during the second, 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.

(s) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal 
Members Only)

Ducks and Mergansers

    Season Dates: Open September 15, close December 16, 2001.
    Daily Bag Limit for Ducks: 10 ducks, including no more than 2 
mallards and 2 canvasback.
    Daily Bag Limit for Mergansers: Five mergansers, including no more 
than two hooded mergansers.

Geese

    Season Dates: Open September 1, close December 16, 2001.
    Daily Bag Limit: Five geese.

Coots

    Season Dates: Open September 15, close December 16, 2001.
    Daily Bag Limit: 20 coots.

Sora and Virginia Rails

    Season Dates: Open September 8, close December 31, 2001.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Common Snipe and Woodcock

    Season Dates: Open September 8, close December 31, 2001.
    Daily Bag Limit: 10 snipe and 10 woodcock.

Mourning Dove

    Season Dates: Open September 8, close December 31, 2001.
    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.

(t) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters).

Band-tailed Pigeons

    Season Dates: Open September 5, close September 19, 2001.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.

Mourning Doves

    Season Dates: Open September 5, close September 19, 2001.

[[Page 46207]]

    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.

    Dated: August 27, 2001.
Marshall P. Jones, Jr.,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-22034 Filed 8-30-01; 8:45 am]
BILLING CODE 4310-55-P