[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Rules and Regulations]
[Pages 49774-49781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24291]



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Part III





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 Late Season; Final rule

  Federal Register / Vol. 66, No. 189 / Friday, September 28, 2001 / 
Rules and Regulations  

[[Page 49774]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AH79


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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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, 2001.

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 a proposed rule published 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 a proposed rule published 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 the 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 August 14, 2001 proposed rule included generalized 
regulations for both early- and late-season hunting, this rulemaking 
addresses only the late-season proposals. Early-season proposals were 
addressed in a final rule published in the August 31 Federal Register 
(66 FR 46200). 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 a proposed rule published in the July 24, 2001 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 reports, we have responded by proposing for the 2001-02 
waterfowl hunting season Flyway frameworks that are essentially the 
same as those of last 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 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 late-season 
proposals are included in this final rulemaking; 20 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 14, 2001, closed on August 24, 2001.
    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. We responded to this 
comment in the August 31 final rule.

NEPA Consideration

    Pursuant to the requirements of section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final 
Environmental Statement for the Issuance of Annual Regulations 
Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed 
with the Council on Environmental Quality on June 6, 1975, and notice 
of availability was published in the Federal Register on June 13, 1975, 
(40 FR 25241). A supplement to the final environmental statement, the 
``Final

[[Page 49775]]

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 this 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. This rule 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

    The annual migratory bird hunting regulations constitute a major 
rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement 
Fairness Act. For the reasons outlined above, these series of rules has 
an annual effect on the economy of $100 million or more. However, 
because these rules establish hunting seasons, we do not plan to defer 
the effective date of this rule 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 it 
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 E.O. 12630, the annual migratory bird hunting 
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

[[Page 49776]]

reservations and ceded lands. This process preserves the ability of the 
States and Tribes to determine which seasons meet their individual 
needs. Any State or Tribe may be more restrictive than the Federal 
frameworks at any time. The frameworks are developed in a cooperative 
process with the States and the Flyway Councils. This allows States to 
participate in the development of frameworks from which they will make 
selections, thereby having an influence on their own regulations. These 
rules do not have a substantial direct effect on fiscal capacity, 
change the roles or responsibilities of Federal or State governments, 
or intrude on State policy or administration. Therefore, in accordance 
with E.O. 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), E. O. 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. Law 
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 amended by revising paragraphs (a), (b), (f), 
(h), (k), (l), (p), (q), (r), and (t), and by adding paragraphs (u) 
through (cc) to read as set forth below. (Current Sec. 20.110 was 
published at 66 FR 46200, August 31, 2001.)


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.

Ducks (including mergansers)

    Canvasbacks: Open October 6, close November 12, 2001.
    Other ducks: Open October 6, 2001, close January 6, 2002.
    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 (when open). 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: Open November 17, 2001, close January 13, 2002.
    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, but could include no more than six white 
geese or four dark geese.
    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.

Ducks

    Canvasbacks (Applies to Non-tribal Hunters Only): Open October 6, 
close October 30, 2001.
    Other ducks: Open October 6, close December 18, 2001.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (including no more than two female mallards), two 
redheads, one canvasback (when open), one pintail, three scaup, and two 
wood ducks. The possession limit is twice the daily bag limit.

[[Page 49777]]

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: Open October 20, 2001, close January 22, 2002.
    Daily Bag and Possession Limits: Three and six, respectively.

White-fronted Geese

    Season Dates: Open September 29, close December 23, 2001.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open September 29, 2001, close January 3, 2002.
    Daily Bag and Possession Limits: 20 geese daily, no possession 
limit.
    General Conditions: The waterfowl hunting regulations established 
by this final rule apply only to tribal and trust lands within the 
external boundaries of the reservation. Tribal and non-tribal hunters 
must comply with basic Federal migratory bird hunting regulations in 50 
CFR part 20 regarding shooting hours and manner of taking. In addition, 
each waterfowl hunter 16 years of age or over must carry on his/her 
person a valid Migratory Bird Hunting and Conservation Stamp (Duck 
Stamp) signed in ink across the stamp face. Special regulations 
established by the Crow Creek Sioux Tribe also apply on the 
reservation.
* * * * *

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

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.

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.

Non-tribal Hunters

Ducks

    Season Dates: Open September 29, 2001, close January 19, 2002. 
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, and four scaup. The 
season on canvasbacks is closed.

Geese

    Season Dates: Open September 1, 2001, close September 15, and begin 
September 29, close January 19, 2002. 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: 5 and 10, respectively during the 
early period and four geese, including four dark geese but not more 
than three light geese during the late period. The possession limit is 
twice the daily bag limit.
    General: Hunters must observe all State and Federal regulations, 
such as those contained in 50 CFR part 20 and including the possession 
of a validated Migratory Bird Hunting and Conservation Stamp.
* * * * *

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

Ducks

    Season Dates: Open September 29, close December 5, 2001.
    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: Open September 29, close December 5, 2001.
    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, 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 during the regular season.

Other Geese

    Season Dates: Open September 16, close December 2, 2001.
    Daily Bag Limits: Ten geese, including no more than two white-
fronted geese or 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 Conditions are as follows:
    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 
parallel 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.
* * * * *

(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.

[[Page 49778]]

Mourning Doves

    Season Dates: Open September 1, close September 30, 2001.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (including mergansers)

    Canvasbacks: Open September 29, close November 5, 2001.
    Other ducks: Open September 29, 2001, close January 13, 2002.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, four scaup, two redheads, and one 
canvasback (when open). 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 moorhens, singly or 
in the aggregate.

Dark Geese

    Season Dates: Open September 30, 2001, close January 7, 2002.
    Daily Bag and Possession Limits: Three and six geese, 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 stamp 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)

Ducks (including mergansers)

    Season Dates: Open September 29, close November 30, 2001.
    Daily Bag and Possession Limits: Six, including no more than six 
mallards (three hen mallards), five wood ducks, one canvasback, one 
redhead, two pintails, and one hooded merganser.

Geese

    Season Dates: Open September 1, close November 16, 2001, and open 
November 26, close December 31, 2001.
    Daily Bag and Possession 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 with 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.
* * * * *

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

Tribal Members

Ducks (Including Coots and Mergansers, excluding canvasback)

    Season Dates: Open September 15, 2001, and close February 28, 2002.
    Daily Bag and Possession Limits: 7 and 14 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, 
and one canvasback.

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, close February 1, 2002.
    Daily Bag and Possession Limits: 8 and 16, respectively.

Non-tribal Hunters

Ducks

    Canvasbacks: The season on canvasback is the same as those 
established by the State of Washington, under final Federal frameworks, 
to be announced.
    Other ducks: Open October 6, 2001, close January 20, 2002.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, four scaup, two redheads, and one 
canvasback (when open). 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: Open October 13, 2001, close January 20, 2002.
    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: Open January 5, close January 20, 2002.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Snipe

    Season Dates: Open September 15, 2001, close 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)

Ducks

    Season Dates: Open November 1, 2001, close February 8, 2002.
    Daily Bag and Possession Limits: 15 and 20, respectively.

Coots

    Season Dates: Open November 1, 2001, close February 8, 2002.
    Daily Bag and Possession Limits: 20 and 30, respectively.

[[Page 49779]]

Geese

    Season Dates: Open November 1, 2001, close February 8, 2002.
    Daily Bag and Possession Limits: Seven geese and five brant. The 
possession limit for geese and brant are 10 and 7, respectively.

Mourning Dove

    Season Dates: Open September 1, close 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)

Ducks

    Season Dates: Open October 27, 2001, and close February 23, 2002.
    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, 2001), 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 27, 2001, and close February 23, 2002.
    Daily Bag Limit: Seven ducks including no more than four of any one 
species.

Geese

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

Woodcock

    Season Dates: Open October 13, and close November 17, 2001.
    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.
* * * * *

(t) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Non-tribal 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.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (Including Mergansers)

    Canvasback: Open October 20, close November 25, 2001.
    Other ducks: Open October 20, 2001, close January 20, 2002.
    Daily Bag and Possession Limits: Four ducks, including no more than 
three mallards (including no more than one hen mallard), two redheads, 
one pintail, and one canvasback (when open). 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: Open October 20, 2001, close January 20, 2002.
    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, 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 2001-02 season. The length of the Black 
River east of the Black River/Bonito Creek confluence is closed to 
waterfowl hunting. All other waters of the reservation would be closed 
to waterfowl hunting for the 2001-02 season.

(u) Bois Forte Band of Chippewa, Nett Lake, Minnesota (Tribal 
Members and Non-tribal Hunters)

Ducks

    Canvasbacks (For non-tribal hunters only): Open October 13, close 
November 1, 2001.
    Other ducks: Open September 29, close November 28, 2001, except 
shooting hours on opening day and for every hunting day for the 
remainder of the season would be one-half hour before sunrise and 
continue to one-half hour after sunset for tribal members. Non-tribal 
shooting hours will go from one-half hour before sunrise to sunset on 
reservation.
    Daily Bag Limits and Possession Limits: Six ducks, including no 
more than one canvasback (nontribal hunters only when the season is 
open). The possession limit is twice the daily bag limit.
    The Band's Conservation Department regulates non-tribal harvest 
limits under the following regulations: (1) Non-tribal hunters must be 
accompanied at all times by a Band Member guide; (2) Non-tribal hunters 
must have in their possession a valid small game hunting license, a 
Federal migratory waterfowl stamp, and a Minnesota State waterfowl 
stamp; (3) Non-tribal hunters and Band Members must have only Service-
approved non-toxic shot in possession at all times; (4) Non-tribal 
hunters must conform to possession limits established and regulated by 
the State on Minnesota and the Bois Forte Band.

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

Ducks (including mergansers)

    Canvasbacks: Open September 22-23, 2001, for Youth Waterfowl Season 
only, and open September 29, close November 5, 2001.
    Other ducks: Open September 29, 2001, close January 13, 2002.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, four scaup, two redheads, and one 
canvasback (when open). The

[[Page 49780]]

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: Open September 29, 2001, close January 6, 2002.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.

Light Geese

    Season Dates: Open September 29, 2001, close January 6, 2002.
    Daily Bag and Possession Limits: Three and six geese, respectively.

Youth Waterfowl Hunt

    Season Dates: September 22-23, 2001.
    Daily Bag and Possession Limits: Same as ducks but includes one 
canvasback.
    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.

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

Ducks (except canvasbacks but including mergansers)

    Canvasbacks (Applies to Non-tribal hunters only): Open October 6, 
close November 12, 2001.
    Other ducks: Open October 6, close November 30, 2001.
    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 (when open). The possession limit is 
twice the daily bag limit.

Canada Geese

    Season Dates: Open October 6, close November 30, 2001.
    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.

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

Ducks

    Season Dates: Open October 1, 2001, close January 28, 2002.
    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 regulatory enforcement 
authority, and has a court system with judges that hear cases and set 
fines.

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

Ducks

    Season Dates: Open October 6, 2001, close January 10, 2002.
    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, and two wood ducks. The season 
on canvasbacks is closed. The possession limit is twice the daily bag 
limit.

Mergansers

    Season Dates: Same as ducks.
    Daily bag Limits: Five, including no more than one hooded 
merganser.

Canada Geese

    Season Dates: Open October 20, 2001, close January 22, 2002.
    Daily Bag and Possession Limits: Three and six, respectively.

White-fronted Geese

    Season Dates: Open October 20, 2001, close January 13, 2002.
    Daily Bag and Possession Limits: Two geese. The possession limit is 
twice the daily bag limit.

Light Geese

    Season Dates: Open October 20, 2001, close January 19, 2002, then 
Open February 24, close March 10, 2002.
    Daily Bag Limit: 20 geese.

Youth Waterfowl Hunt

    Season Dates: Open September 29, close September 30, 2001.
    Daily Bag Limit: Same as above.
    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.

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

Ducks (including Mergansers)

    Season Dates: Open October 6, 2001, close January 18, 2002.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one scaup, and two redheads. The 
season on canvasbacks is closed. 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: Open October 6, 2001, close January 11, 2002.
    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.

[[Page 49781]]

Other regulations established by the Shoshone-Bannock Tribes also apply 
on the reservation.

(aa) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only)

Ducks (including mergansers)

    Season Dates: Open October 1, 2001, close January 31, 2002.
    Daily Bag and Possession Limits: 10 including no more than five hen 
mallards, four pintail, four canvasback, seven scaup, and five 
redheads. The possession limit is twice the daily bag limit.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Six and twelve, respectively. The 
season on brant is closed for conservation measures.

Snipe

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    Tribal members hunting on lands under this proposal will observe 
all basic Federal migratory bird hunting regulations found in 50 CFR 
part 20, which will be enforced by the Stillaguamish Tribal Law 
Enforcement. Tribal members are required to use steel shot or a non-
toxic shot as required by Federal regulations.

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

Off Reservation

Ducks (including mergansers)

    Season Dates: Open September 29, 2001, close February 19, 2002.
    Daily Bag and Possession Limits: 10 ducks, including no more than 5 
hen mallards, 4 pintail, 4 canvasback, 7 scaup, and 5 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.

On Reservation

Ducks (including mergansers)

    Season Dates: Open September 15, 2001, close March 9, 2002.
    Daily Bag and Possession Limits: 10 ducks, including no more than 5 
hen mallards, 4 pintail, 4 canvasback, 7 scaup, and 5 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: Steps will be taken to limit level of harvest, 
where it could be shown that failure to limit such harvest would 
seriously impact the migratory bird resource. Tribal members hunting on 
lands under this proposal will observe all basic Federal migratory bird 
hunting regulations found in 50 CFR part 20, which will be enforced by 
the Swinomish Tribal Fish and Game.

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

Ducks (including Mergansers)

    Canvasbacks: Open October 13, close November 6, 2001.
    Other ducks: Open October 13, close December 25, 2001.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (no more than two hen mallards), two redheads, one 
pintail, three scaup, two wood ducks, and one canvasback (when open). 
The daily bag limit for mergansers is five, of which no more than one 
can be a hooded merganser. 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: Open October 27, 2001, close January 31, 2002.
    Daily Bag and Possession Limits: Three geese, including no more 
than one white-fronted goose or brant. The possession limits is twice 
the daily bag limit.

Light Geese

    Season Dates: Open October 27, 2001, close January 20, 2002.
    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 19, 2001.
Joseph E. Doddridge,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-24291 Filed 9-27-01; 8:45 am]
BILLING CODE 4310-55-P