[Federal Register Volume 68, Number 168 (Friday, August 29, 2003)]
[Rules and Regulations]
[Pages 51919-51928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22119]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AI93


Migratory Bird Hunting; Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2003-04 
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, 2003.

ADDRESSES: You may inspect comments received on the proposed special 
hunting regulations and tribal proposals during normal business hours 
in room 4107, Arlington Square Building, 4501 N. Fairfax Drive, 
Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Tina Chouinard, Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service, (318/201-0400), or Ron 
W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife 
Service, (703/358-1967).

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act (MBTA) 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

[[Page 51920]]

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 8, 2003, Federal Register (68 FR 47424), we proposed 
special migratory bird hunting regulations for the 2003-04 hunting 
season for certain Indian tribes, under the guidelines described in the 
June 4, 1985, Federal Register (50 FR 23467). The guidelines respond to 
tribal requests for Service recognition of their reserved hunting 
rights, and for some tribes, recognition of their authority to regulate 
hunting by both tribal members and nonmembers on their reservations. 
The guidelines include possibilities for:
    (1) On-reservation hunting by both tribal members and nonmembers, 
with hunting by non-tribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Migratory Bird Treaty with Canada.
    In the May 6, 2003, Federal Register (68 FR 24324), we requested 
that tribes desiring special hunting regulations in the 2003-04 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.

Population Status and Harvest

    The following paragraphs provide a brief summary of information on 
the status and harvest of waterfowl excerpted from various reports. For 
more detailed information on methodologies and results, you may obtain 
complete copies of the various reports at the address indicated under 
ADDRESSES or from our Web site at  http://migratorybirds.fws.gov.

Status of Ducks

    Federal, provincial, and State agencies conduct surveys each spring 
to estimate the size of breeding populations and to evaluate the 
conditions of the habitats. These surveys are conducted using fixed-
wing aircraft and encompass principal breeding areas of North America, 
and cover over 2.0 million square miles. The Traditional survey area is 
comprised of Alaska, Canada, and the northcentral United States, and 
includes approximately 1.3 million square miles. The Eastern survey 
area includes parts of Ontario, Quebec, Labrador, Newfoundland, Nova 
Scotia, Prince Edward Island, New Brunswick, New York, and Maine, an 
area of approximately 0.7 million square miles.
Breeding Ground Conditions
    Habitat conditions for breeding waterfowl have greatly improved 
over last year in most of the prairie survey areas. These improved 
conditions are reflected in the numbers of ponds counted this year. The 
estimate of May ponds (U.S. Prairies and Prairie and parkland Canada 
combined) of 5.2 +/- 0.2 [SE] million is 91% higher than last year (P < 
0.001) and 7% above the long-term average (P = 0.034). Numbers of ponds 
in Canada (3.5 +/- 0.2 million) and the United States (1.7 +/- 0.1 
million) were above 2002 estimates (+145% in Canada and +30% in the 
U.S.; P < 0.001). Canadian ponds were similar to the 1974-2002 average 
(P = 0.297), while ponds in the United States were 10% above the 1974-
2002 average (P = 0.037).
    Most prairie areas had warm temperatures and abundant rain this 
spring. Two areas of dramatic improvement over the past several years 
were south-central Alberta and southern Saskatchewan, where conditions 
went from poor to good after much-needed precipitation relieved several 
years of drought. Other areas in the prairies also improved compared 
with 2002, but to a lesser extent. However, years of dry conditions in 
parts of the United States and Canadian prairies, combined with 
agricultural practices, have reduced the quality and quantity of 
residual nesting cover and overwater nest sites in many regions. This 
could potentially limit production for both dabbling and diving ducks, 
if the warm spring temperatures and good moisture of 2003 do not result 
in rapid growth of new cover. Eastern South Dakota was the one area of 
the prairies where wetland habitat conditions were generally worse than 
last year, mostly due to low soil moisture, little winter 
precipitation, and no significant rains in April. This region received 
several inches of rain in May, but most birds had probably flown to 
other regions with more favorable wetland conditions.
    In the northern part of the traditional survey area, habitat was in 
generally good condition and most areas had normal water levels. The 
exception was northern Manitoba, where low water levels in small 
streams and beaver ponds resulted in overall breeding habitat 
conditions that were only fair. Warm spring temperatures arrived much 
earlier this year than the exceptionally late spring last year. 
However, a cold snap in early May may have hurt early nesting species 
such as mallards and pintails, particularly in the northern Northwest 
Territories.
    This spring, habitat conditions in the eastern survey area ranged 
from excellent to fair. In the southern and western part of this survey 
area, water and nesting cover were plentiful and temperatures were 
mild. Habitat quality decreased to the north, especially in northern 
and western Quebec, where many shallow marshes and bogs were either 
completely dry or reduced to mudflats. Beaver pond habitat was also 
noticeably less common than normal. To the east in Maine and most of 
the Maritime provinces, conditions were excellent, with adequate water 
and vegetation, and warm spring temperatures.
    Weather and habitat conditions during the summer months can

[[Page 51921]]

influence waterfowl production. Good wetland conditions increase 
renesting and brood survival. July wetland conditions were rated fair 
to good over most of Prairie Canada, the Dakotas, and eastern Montana, 
but poor conditions prevailed in eastern South Dakota, south-central 
Manitoba, central Saskatchewan, and north-central Montana.
    However, uniformly good conditions were found in the northern 
portions of the prairie provinces, and spring and summer rains made for 
good-to-excellent conditions along the border of Saskatchewan and 
eastern Montana. Results of the July Production Survey indicate that 
the number of ponds in Prairie Canada and the north-central United 
States combined was 2.5 +/- 0.1 million ponds. This was 35 percent 
above last year's estimate of 1.8 +/- 0.1 million ponds, but still 8 
percent below the long-term average. July ponds in Prairie Canada were 
estimated to be 1.5 +/- 0.1 million. This was 47 percent above last 
year's estimate of 1.0 +/- 0.1 million but 16 percent below the long-
term average. July ponds in the north-central United States were 
estimated at 1.0 +/- 0.1 million. This was 21 percent above last year's 
estimate of 0.8+/- 0.1 million, but similar to the long-term average.
Breeding Population Status
    In the traditional survey area, the total duck population estimate 
was 36.2 +/- 0.7 million birds, 16 percent above (P < 0.001) last 
year's estimate of 31.2 +/- 0.5 million birds, and 9 percent above (P < 
0.001) the 1955-2002 long-term average. Mallard abundance was 7.9 +/- 
0.3 million birds, which was similar to last year's estimate of 7.5 +/- 
0.2 million birds (P = 0.220) and the long-term average (P = 0.100). 
Blue-winged teal abundance was estimated to be 5.5 +/- 0.3 million 
birds. This value was 31 percent above last year's estimate of 4.2 +/- 
0.2 million birds (P<0.001) and 23 percent above the long-term average 
(P = 0.001). Estimates of shovelers (3.6 +/- 0.2 million; +56%) and 
pintails (2.6 +/- 0.2 million; +43%) were above 2002 estimates (P < 
0.001), while estimates of gadwall (2.5 +/- 0.2 million), wigeon (2.6 
+/- 0.2 million), green-winged teal (2.7 +/- 0.2 million), redheads 
(0.6 +/- 0.1 million), canvasbacks (0.6 +/- 0.1 million), and scaup 
(3.7 +/- 0.2 million) were unchanged from 2002 estimates (P 
= 0.149). Gadwall (+55%) and shovelers (+72%) were above 
their 1955-2002 averages (P < 0.001), as were green-winged teal (+46%; 
P < 0.001), which were at their second highest level since 1955. 
Pintails (-39%) and scaup (-29%) remained well below their long-term 
averages (P < 0.001). Wigeon, redheads, and canvasbacks were unchanged 
from their long-term averages (P = 0.582).
    The eastern survey area comprises strata 51-56 and 62-69. The 2003 
total duck population estimate for this area was 3.6 +/- 0.3 million 
birds. This estimate is 17 percent lower than that of last year (4.4 +/
- 0.3 million birds, P = 0.065), but is similar to the 1996-2002 
average (P = 0.266). Numbers of the individual species were similar to 
those of last year and the 1996-2002 average, with the exception of 
mergansers (0.6 +/- 0.1 million), which decreased 30 percent from the 
2002 estimate (P = 0.035).
Breeding Activity and Production
    The number of broods in the north-central United States and Prairie 
Canada combined was 434,900, 23 percent higher than last year, and 7 
percent below the long-term average. The number of broods in Prairie 
Canada and the north-central United States were 142 percent and 18 
percent above last year's estimates, respectively. Brood indices in 
Prairie Canada were 24 percent below the long-term average, while brood 
counts were 31 percent above the long-term average in the north-central 
United States. Reflecting the lower concentration of ducks in the 
Canadian boreal forest this year compared to 2002, the brood index in 
this region was 72 percent lower than last year, and 76 percent below 
the long-term average. The late-nesting index, that is, the number of 
pairs and lone drakes without broods seen during July surveys, was 17 
percent higher than last year, and 51 percent lower than the long-term 
average, for all areas combined. The late-nesting index was down 43 
percent and 30 percent relative to last year in boreal Canada and 
Prairie Canada, respectively, but up 67 percent in the north-central 
United States. Late nesting indices were below the long-term average by 
74 percent in boreal Canada, by 43 percent in the north-central United 
States, and by 46 percent in Prairie Canada.
Fall Flight Estimate
    The size of the mid-continent mallard population, which comprises 
mallards from the traditional survey area, plus Michigan, Minnesota, 
and Wisconsin, was 8.8 million birds. This is similar to that of 2002 
(8.6 million). The 2003 mid-continent mallard fall-flight estimate is 
10.3 million birds, statistically similar to the 2002 estimate of 9.1 
million birds. These estimates were based on revised mid-continent 
mallard population models and, therefore, differ from those previously 
published.
    For further discussion on the implications of this information for 
this year's selection of the appropriate hunting regulations in the 
United States, see the August 19, 2003, Federal Register (68 FR 50016).

Status of Geese and Swans

    We provide information on the population status and productivity of 
North American Canada geese (Branta canadensis), brant (B. bernicla), 
snow geese (Chen caerulescens), Ross's geese (C. rossii), emperor geese 
(C. canagicus), white-fronted geese (Anser albifrons) and tundra swans 
(Cygnus columbianus). The timing of snowmelt and goose nesting 
activities in most areas of the Arctic and subarctic was near average 
in 2003. Only Alaska's North Slope, Banks and adjacent Arctic Islands, 
and Akimiski Island reported substantially delayed nesting phenology 
this year. Although Alaska's Yukon-Kuskokwim Delta experienced an early 
spring snowmelt, we observed poor production of young by brant, 
cackling Canada geese, and emperor geese, likely due to low wetland 
levels and high fox predation. Conditions in 2003 were especially 
favorable for greater snow geese. Of the 25 populations for which 
current primary population indices were available, 8 populations 
(Atlantic Population, Aleutian, Dusky, and 3 temperate-nesting 
populations of Canada geese; Pacific Population White-fronted Geese; 
and Eastern Population Tundra Swans) displayed significant positive 
trends, and only Short Grass Prairie Population Canada geese displayed 
a significant negative trend over the most recent 10-year period. 
Forecasts for production of geese and swans in North America in 2003 
varied regionally, but generally will be similar to or higher than in 
2002.

Comments and Issues Concerning Tribal Proposals

    For the 2003-04 migratory bird hunting season, we proposed 
regulations for 28 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; 19 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 8, 2003, closed on August 18, 
2003. Because of the necessary brief comment period, we will respond to 
any

[[Page 51922]]

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 two comments regarding the notice of intent published 
on May 6, 2003, which announced rulemaking on regulations for migratory 
bird hunting by American Indian tribal members. The Wisconsin 
Department of Natural Resources endorsed the 2003 seasons proposed by 
the Great Lakes Indian Fish and Wildlife Commission. 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 1836 Treaty until such time as the issue of 1836 Treaty 
hunting rights are affirmed by a court of competent jurisdiction.
    Service Response: We have addressed this issue several times in the 
last few years. 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

    NEPA considerations are covered by the programmatic document, 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988. 
We published a Notice of Availability in the Federal Register on June 
16, 1988 (53 FR 22582) and our Record of Decision on August 18, 1988 
(53 FR 31341). Copies are available from the address indicated under 
ADDRESSES. In addition, an August 1985 Environmental Assessment titled 
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian 
Reservations and Ceded Lands'' is available under ADDRESSES.

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 at 
the address indicated under ADDRESSES.

Executive Order 12866

    Collectively, the rules covering the overall frameworks for 
migratory bird hunting are economically significant and have been 
reviewed by the Office of Management and Budget (OMB) under Executive 
Order 12866. This rule is a small portion of the overall migratory bird 
hunting frameworks and was not individually submitted and reviewed by 
OMB under Executive Order 12866. As such, a cost/benefit analysis was 
initially prepared in 1981. This analysis was subsequently revised 
annually from 1990-96, and then updated in 1998. We will update again 
in 2004. It is further discussed below under the heading Regulatory 
Flexibility Act. Results from the 1998 analysis indicate that the 
expected welfare benefit of the annual migratory bird hunting 
frameworks is on the order of $50 to $192 million. Copies of the cost/
benefit analysis are available upon request from the address indicated 
under 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 as part of the 
1981 cost-benefit analysis discussed under Executive Order 12866. This 
analysis was revised annually from 1990-95. In 1995, the Service issued 
a Small Entity Flexibility Analysis (Analysis). The Analysis was 
subsequently updated in 1996 and 1998 and will be updated again in 
2004. 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 1998 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 2003. Copies of the Analysis are 
available upon request from the address indicated under ADDRESSES.

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.

Energy Effects--Executive Order 13211

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

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 10/31/2004). This information is 
used to provide a sampling frame for voluntary national surveys to 
improve

[[Page 51923]]

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 10/31/2004). The information 
from this survey is used to estimate the magnitude and the geographical 
and temporal distribution of harvest, and the portion it constitutes of 
the total population. A Federal agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not ``significantly or uniquely'' affect small 
governments, and will not produce a Federal mandate of $100 million or 
more in any given year on local or State government or private 
entities. Therefore, this proposed rule is not a ``significant 
regulatory action'' under the Unfunded Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that this rule will not unduly burden the judicial system and meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, these rules, authorized 
by the MBTA, 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 MBTA. Annually, we prescribe frameworks from which the States make 
selections and employ guidelines to establish special regulations on 
Federal Indian reservations and ceded lands. We develop the frameworks 
in a cooperative process with the States and the Flyway Councils. This 
process allows States to participate in the development of frameworks 
from which they will ultimately make season selections, thereby having 
an influence on their own regulations. This process preserves the 
ability of the States and Tribes to determine which seasons meet their 
individual needs. Further, any State or Tribe may be more restrictive 
than the Federal frameworks at any time. 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 MBTA. 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 May 6, 2003, request for proposals and the August 8, 
2003, 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 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.

0
Accordingly, part 20, subchapter B, chapter I of Title 50 of the Code 
of Federal Regulations is amended as follows:

PART 20--[AMENDED]

0
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).


0
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 
Nontribal Hunters)

Doves

    Season Dates: Open September 1, close September 15, 2003; then open 
November 15, 2003, close December 29, 2003.
    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 and must be in possession of all persons 14 
years and older 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

[[Page 51924]]

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 Nontribal Hunters)

Sandhill Cranes

    Season Dates: Open September 13, close October 19, 2003.
    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.

Doves

    Season Dates: Open September 1, close October 30, 2003.
    Daily Bag Limit: 15 mourning doves.
    General Conditions: The possession limit is twice the daily bag 
limit. Tribal and nontribal hunters must comply with basic Federal 
migratory bird hunting regulations in 50 CFR part 20 regarding shooting 
hours and manner of taking. In addition, each waterfowl hunter 16 years 
of age or over must carry on his/her person a valid Migratory Bird 
Hunting and Conservation Stamp (Duck Stamp) signed in ink across the 
stamp face. Special regulations established by the Crow Creek Sioux 
Tribe also apply on the reservation.

(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only)

    All seasons in Minnesota, 1854 and 1837 Treaty Zones:

Ducks and Mergansers

    Season Dates: Open September 20, close December 1 2003.
    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 mergansers.

Geese (All species)

    Season Dates: Open September 2, close December 1, 2003.
    Daily Bag Limit: 12 geese.

Coots and Common Moorhens (Gallinule)

    Season Dates: Open September 20, close December 1, 2003.
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.

Sora and Virginia Rails

    Season Dates: Open September 20, close December 1, 2003.
    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 2, close December 1, 2003.
    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 that 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, 2003, close January 15, 2004.
    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, 2003, and open 
January 1, 2004, close February 8, 2004.
    Daily Bag Limit: Five geese.

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

    Season Dates: Open September 20, close November 30, 2003.
    Daily Bag Limit: Five geese.

Sora Rails, Common Snipe, and Woodcock

    Season Dates: Open September 1, close November 14, 2003.
    Daily Bag Limit: Ten rails, ten snipe, and five woodcock.

Mourning Doves

    Season Dates: Open September 1, close November 14, 2003.
    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 1, 2003.
    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 
5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2 
canvasbacks.
B. Michigan 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 2003.
    Daily Bag Limit: 10 ducks, including no more than 5 mallards (only 
2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1 
canvasback.
    Mergansers: All Ceded Areas.
    Season Dates: Begin September 15 and end December 1, 2003.
    Daily Bag Limit: Five mergansers.
    Geese: All Ceded Areas.
    Season Dates: Begin September 1 and end December 1, 2003. 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 1, 2003.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.

[[Page 51925]]

B. Sora and Virginia Rails
    Season Dates: Begin September 15 and end December 1, 2003.
    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 1, 2003.
    Daily Bag Limit: Eight common snipe.
D. Woodcock
    Season Dates: Begin September 2 and end December 1, 2003.
    Daily Bag Limit: Five woodcock.
E. Mourning Doves: 1837 and 1842 Ceded Territories
    Season Dates: Begin September 2 and end October 30, 2003.
    Daily Bag Limit: Fifteen mourning doves.

General Conditions

    A. All tribal members will be required to obtain a valid tribal 
waterfowl hunting permit.
    B. 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 Chapters 10 of these 
model codes regulate ceded territory migratory bird hunting. They 
parallel federal requirements as to hunting methods, transportation, 
sale, exportation and other conditions generally applicable to 
migratory bird hunting. They also automatically incorporate by 
reference the federal migratory bird regulations adopted in response to 
this proposal.
    C. Particular regulations of note include:
    1. Nontoxic shot will be required for all off-reservation 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. 
Possession limits are applicable only to transportation and do not 
include birds which are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession and 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 taken on reservation 
lands. All migratory birds which fall on reservation lands will not 
count as part of any off-reservation bag or possession limit.
    4. The baiting restrictions can be obtained at the Tribal office in 
the model ceded territory conservation codes. These codes will be 
amended to include language which parallels that in place for nontribal 
members as published in 64 FR 29804, June 3, 1999.
    5. The shell limit restrictions of the model ceded territory 
conservation codes will be removed.
    D. Michigan--Duck Blinds and Decoys. Tribal members hunting in 
Michigan will comply with tribal codes that contain provisions parallel 
to Michigan law regarding duck blinds and decoys.

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

Nontribal Hunters on Reservation

Geese
    Season Dates: Open September 1, 2003, close September 15, 2003.
    Daily Bag Limits: 5 and 10, respectively.

Tribal Hunters Within Kalispel Ceded Lands

Ducks
    Season Dates: Open September 15, 2003, close January 26, 2004.
    Daily Bag Limit: 7 ducks, including no more than 2 female mallards, 
1 canvasback, 1 pintail, 4 scaup, and 2 redheads.
Geese
    Season Dates: Open September 1, 2003, close January 31, 2004.
    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 13, close December 31, 2003.
    Daily Bag Limits: 10 birds.

Geese

    Season Dates: Open September 1, close December 31, 2003.
    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. 
Nontoxic shot is required. Use of live decoys, bait, and commercial use 
of migratory birds are prohibited. Waterfowl may not be pursued or 
taken while using motorized craft.

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

Canada Geese, White-fronted Geese, Snow Geese, Ross Geese, and Brant

    Season Dates: Open September 1, close November 30, 2003, for all 
species, and open for Canada geese only, January 1, close February 7, 
2004.
    Daily Bag and Possession Limits: 5 Canada geese and a combination 
of 10 of all other species. The possession limit is twice the daily bag 
limit.

Rails, Snipe, and Woodcock

    Season Dates: Open September 1, close November 14, 2003.
    Daily Bag and Possession Limits: 10 rails, 10 snipe, and 5 
woodcock. The possession limit is twice the daily bag limit.

Mourning Doves

    Season Dates: Open September 15, close November 14, 2003.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General:
    A. All tribal members are required to obtain a valid tribal 
resource card and 2003-04 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.

[[Page 51926]]

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

Ducks

    Season Dates: Open September 15, 2003, close January 20, 2004.
    Daily Bag Limits: 12 ducks, including no more than 6 mallards (only 
3 of which may be hens), 3 black ducks, 3 redheads, 3 wood ducks, 2 
pintail, 1 hooded merganser, and 2 canvasback.

Canada Geese

    Season Dates: Open September 1, 2003, close November 30, 2003, and 
open January 1, 2004, close February 7, 2004.
    Daily Bag Limit: Five geese.

White-fronted Geese, Snow Geese, and Brant

    Season Dates: Open September 1, close November 30, 2003.
    Daily Bag Limit: 10 of each species.

Sora Rails, Snipe, and Mourning Doves

    Season Dates: Open September 1, close November 14, 2003.
    Daily Bag Limit: 10 of each species.

Woodcock

    Season Dates: Open September 1, close November 14, 2003.
    Daily Bag Limit: Five woodcock.
    General: Possession limits are twice the daily bag limits.

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

Band-Tailed Pigeons

    Season Dates: Open September 1, 2003, close October 31, 2003.
    Daily Bag Limit: Two band-tailed pigeons.

Ducks and Coots

    Season Dates: Open September 15, 2003, close January 13, 2004.
    Daily Bag Limit: Seven ducks including no more than one redhead and 
one canvasback. The seasons on wood duck and harlequin are closed.

Geese

    Season Dates: Open September 15, 2003, close January 13, 2004.
    Daily Bag Limit: Four. The seasons on Aleutian and dusky Canada 
geese are closed.

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 Ordinance 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 1 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, 2003.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1, close September 30, 2003.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal and nontribal 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 22, 2003, and open 
December 1, close December 31, 2003.
    Daily Bag and Possession Limits: Three and Six Canada geese, 
respectively. 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 13, close November 16, 2003.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
    General Conditions: Tribal member 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, including season dates, 
shooting hours, and bag limits which differ from tribal member seasons. 
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: Tribal members are 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, 2003, close March 10, 2004.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 15, 2003, close March 10, 2004.
    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 November 1, 2003, close March 10, 2004.
    Daily Bag and Possession Limits: Two brant. Possession limit is 
twice the daily bag limit.

Coots

    Season Dates: Open September 15, 2003, close March 10, 2004.
    Daily Bag Limits: 25 coots.

Mourning Doves

    Season Dates: Open September 1, 2003, close March 10, 2004.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

[[Page 51927]]

Snipe

    Season Dates: Open September 15, 2003, close March 10, 2004.
    Daily Bag and Possession Limits: 10 and 20 snipe, respectively.

Band-Tailed Pigeon

    Season Dates: Open September 1, 2003, close March 10, 2004.
    Daily Bag and Possession Limits: 2 and 4, 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) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members Only)

Ducks

    Season Dates: Open September 15, 2003, close January 15, 2004.
    Daily Bag and Possession Limits: Five ducks, which may include only 
one canvasback. The season on harlequin ducks is closed. Possession 
limit is twice the daily bag limit.

Geese

    Season Dates: Open September 15, 2003, close January 15, 2004.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than two snow geese. 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, 2004.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Coots

    Season Dates: Open September 15, 2003, close January 15, 2004.
    Daily Bag Limits: 25 coots.

Snipe

    Season Dates: Open September 15, 2003, and close January 15, 2004.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeons

    Season Dates: Open September 1, close December 31, 2003.
    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.

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

Tribal Members

Ducks (Including Coots and Mergansers)
    Season Dates: Open September 15, 2003, and close February 29, 2004.
    Daily Bag and Possession Limits: 7 and 14 ducks, respectively, 
except that bag and possession limits may include no more than 2 female 
mallards, 1 pintail, 4 scaup, and 2 redheads.
Geese
    Season Dates: Open September 15, 2003, and close February 29, 2004.
    Daily Bag and Possession Limits: 7 and 14 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, 2003, through February 29, 2004.
    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.

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

Mourning Dove

    Season Dates: Open September 1, end December 31, 2003.
    Daily Bag and Possession Limits: 12 and 20 mourning doves, 
respectively.
    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, except shooting hours would be one-half 
hour before official sunrise to one-half hour after official sunset.

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

Geese

    Season Dates: Open September 13, 2003, and close September 27, 
2003, and open November 1, 2003, close February 28, 2004.
    Daily Bag 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. Nontoxic shot is required. All basic Federal migratory bird 
hunting regulations contained in 50 CFR will be observed.

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

Ducks and Mergansers

    Season Dates: Open September 13, close December 14, 2003.
    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 14, 2003.
    Daily Bag Limit: Five geese.

Coots

    Season Dates: Open September 7, close December 31, 2003.
    Daily Bag Limit: 20 coots.

Sora and Virginia Rails

    Season Dates: Open September 7, close December 31, 2003.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

Common Snipe and Woodcock

    Season Dates: Open September 7, close December 31, 2003.
    Daily Bag Limit: 10 snipe and 10 woodcock.

Mourning Dove

    Season Dates: Open September 7, close December 31, 2003.
    Daily Bag Limit: 25 doves.
    General Conditions: Shooting hours are one-half hour before sunrise 
to one-

[[Page 51928]]

half hour after sunset. Nontoxic shot is required.

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

Band-tailed Pigeons (Wildlife Management Unit 10 and areas south of Y-
70 in Wildlife Management Unit 7, only)

    Season Dates: Open September 3, close September 17, 2003.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.

Mourning Doves (Wildlife Management Unit 10 and areas south of Y-70 in 
Wildlife Management Unit 7, only)

    Season Dates: Open September 3, close September 17, 2003.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: All nontribal 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 nontribal 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 nontribal 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 22, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-22119 Filed 8-28-03; 8:45 am]
BILLING CODE 4310-55-P