Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1994-95 Early Season

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AA24

Migratory Bird Hunting: Migratory Bird Hunting Regulations on

Certain Federal Indian Reservations and Ceded Lands for the 1994-95

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 is in response to

tribal requests for Service recognition of their authority to regulate

hunting under established guidelines. This rule is necessary to allow

establishment of season bag limits and, thus, harvest at levels

compatible with populations and habitat conditions.

EFFECTIVE DATE: This rule takes effect on September 1, 1994.

ADDRESSES: Comments received, if any, on the proposed special hunting

regulations and tribal proposals are available for public inspection

during normal business hours in Room 634, Arlington Square Building,

4401 N. Fairfax Drive, Arlington, VA. Communications regarding the

documents should be sent to: Director (FWS/MBMO), U.S. Fish and

Wildlife Service, Room 634-ARLSQ, 1849 C Street, NW, Washington, DC

20240.

FOR FURTHER INFORMATION CONTACT: Dr. Keith A. Morehouse, Office of

Migratory Bird Management, U.S. Fish and Wildlife Service, Department

of the Interior, Room 634-ARLSQ, 1849 C Street, NW, Washington, DC

20240 (703/358-1714).

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3,

1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the

Secretary of the Department of the Interior, having due regard for the

zones of temperature and for the distribution, abundance, economic

value, breeding habits, and times and lines of flight of migratory game

birds, to determine when, to what extent, and by what means such birds

or any part, nest or egg thereof may be taken, hunted, captured,

killed, possessed, sold, purchased, shipped, carried, exported or

transported.

In the August 16, 1994 Federal Register (59 FR 42017), the U. S.

Fish and Wildlife Service (Service) proposed special migratory bird

hunting regulations for the 1994-95 hunting season for certain Indian

tribes, under the guidelines described in the June 4, 1985, Federal

Register (50 FR 23467). The guidelines were developed in response 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 nontribal 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 have to be

consistent with the March 10-September 1 closed season mandated by the

1916 Migratory Bird Treaty with Canada.

Tribes that desired special hunting regulations in the 1994-95

hunting season were requested in the April 7, 1994, Federal Register

(59 FR 16762) to submit a proposal that included details on: (1)

Requested season dates and other regulations to be observed; (2)

harvest anticipated under the requested regulations; (3) methods that

will be employed to measure or monitor harvest; (4) steps that will be

taken to limit level of harvest, where it could be shown that failure

to limit such harvest would impact seriously on the migratory bird

resource; and (5) tribal capabilities to establish and enforce

migratory bird hunting regulations. No action is required if a tribe

wishes to observe the hunting regulations that are established by the

State(s) in which an Indian reservation is located. The guidelines have

been used successfully since the 1985-86 hunting season, and they were

made final beginning with the 1988-89 hunting season (August 18, 1988;

53 FR 31612).

Although the proposed rule includes generalized regulations for

both early and late season hunting, this rulemaking addresses only the

early season proposals. Late season hunting will be addressed in the

rulemaking to follow in September 1994. 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 are those

that begin about October 1 or later each year and have a primary

emphasis on waterfowl.

In the proposed rule, the Service pointed out that there was reason

for cautious optimism with regard to liberalization of duck hunting

regulations in the 1994-95 season. However, at that time production

information was not available and assessments could not be made on

which to base final frameworks decisions. From survey data, it now

appears that duck production is up on a continental basis, with a

projected fall flight index of about 71 million ducks, and the Service

has responded to this by making minor adjustments in regulations. Most

notably, bag limit frameworks provide for one more duck than allowed

last year, with an additional mallard drake. However, the restriction

on mallard hens to one in the daily bag will remain in effect. A season

on canvasbacks is optional nationwide. Other species restrictions are

still in effect. The Service has eased off, somewhat, the more

restrictive regulations of past seasons because duck populations have

generally rebounded from the lows of last year and several previous

years. Duck populations recovery is closely linked to more favorable

water conditions throughout most of the better duck production areas of

the U.S. and Canada, as well as to more restrictive regulations imposed

in the past. However, the Service has been conservative in this

liberalization because the potential is there for a more complete

recovery of populations in the future, compared to long-term averages,

if water conditions stabilize and/or continue to improve. Length of

season is considered to be a factor more closely associated with

determining magnitude of harvest than is minor adjustment in bag limit

so frameworks for season length across all four flyways will remain the

same. The fact that some liberalization has occurred in bag limits is

considered in these final regulations, many of which were proposed

before final decisions were made on late season frameworks.

Comments and Issues Concerning Tribal Proposals

For the 1994-95 migratory bird hunting season, the Service proposed

regulations for fourteen tribes and/or Indian groups that followed the

1985 guidelines and were considered appropriate for final rulemaking.

In addition, the Penobscot Indian Nation had not submitted a proposal

but was expected to do so, as it had routinely in the past, and was

included in the proposed rule. The Penobscots have been excluded from

these final regulations because of a failure to submit the appropriate

materials. Some of the proposals submitted by the tribes have both

early and late season elements. However, as noted earlier, only those

with early season proposals are included in this final rulemaking; six

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 16, closed on

August 31, 1994. Because of the brief comment period that was

necessary, any comments received on the proposed rule and/or these

early season regulations not responded to herein will be addressed in

the late season final rule to be published in September.

Great Lakes Indian Fish and Wildlife Commission, Odanah, WI

To date, the Service has received two letters regarding the

proposal of the Great Lakes Indian Fish and Wildlife Commission

(GLIFWC). One dated July 22 from the State of Wisconsin Department of

Natural Resources (WIDNR) to the GLIFWC, was copied to the Service. In

this letter, the WIDNR communicated concerns regarding: (1) Canada

goose bag limits of 10 per day, and concern for the harvest of

Mississippi Valley Population (MVP) and giant Canada geese. The WIDNR

voiced concerns over the status of giant and MVP Canada geese, and

asked that the bag limit be returned to the 1992 level. The WIDNR cited

improvements in the population status of MVP Canada geese this past

spring resulting from major reductions in harvest by MVP States over

the past two seasons, but voiced apprehension over the likelihood of a

good production year in 1994 because of a late spring on the breeding

grounds. With regard to giant Canada geese, WIDNR cited 10 or more

years of effort to restore breeding populations that could be

jeopardized by overharvest locally; (2) the length of other goose

seasons and bag limits for the GLIFWC in comparison to those required

for non-tribal hunters by the State of Wisconsin. The WIDNR thought

that GLIFWC goose seasons and bag limits should be consistent with

those of the State; (3) the September 15 opening of the duck season.

The WIDNR continues to oppose the early duck season opener in concern

for late nesting hens and their broods that might still be in molt or

just recovering from the molt that would make them especially

vulnerable to harvest; (4) the increase in the proposed duck daily bag

limit to 20. The WIDNR believes that drastically increasing bag limits

may negatively impact efforts by the State and others, including the

GLIFWC, to restore local duck breeding populations in northern

Wisconsin; and (5) honoring the noon opening for shooting hours for the

first day of the State's duck season.

The second letter of comment, dated July 5, was provided directly

to the Service by the State of Minnesota Department of Natural

Resources (MNDNR). A direct reply to this letter has been provided to

the MNDNR. In their letter, the MNDNR referenced the practice of the

GLIFWC in some previous years to defer selection of bag limits until

after production is known. The MNDNR also commented that a bag limit of

20 ducks is ``inconsistent with current duck population status'' and

that a bag limit of 10 geese is ``excessive.''

It is necessary to place this proposal by the GLIFWC in the context

of a tribal entity having court established legal rights on ceded lands

in one instance (Wisconsin) and legal precedent for establishing those

rights on ceded lands in the other (Minnesota). Further, it is the

policy of the Service to recognize treaty rights wherever there is

substantial proof that they occur, e.g., more recently in the Michigan

1836 Treaty area. Thus, the GLIFWC proposal has as its umbrella the

recognition by the Federal Government of those reserved rights by bands

to an unquantified amount of any harvestable migratory bird surpluses

in the ceded areas. The above has been amplified in our response to the

MNDNR, which states that, ``As to the existence of treaty rights, it is

the Federal Government's position that they do exist until such time as

a Federal court says otherwise. Our position derives from the special

status that Native Americans have with regard to the Federal

Government's `trust responsibility,' as well as precedent setting court

decisions in Wisconsin and elsewhere when these reserved treaty rights

have been at issue.''

As to the details of the proposal comments, our response as stated

in the MNDNR letter continues to be that ``[W]hile the Commission's

proposed bag limits are somewhat greater than they have been in

previous years, I disagree that they are `inconsistent with current

duck population status' and `excessive' for geese. The Service's

position is that the current populations of birds can support the

limited harvest of the bands. In past years, the numbers of ducks and

geese taken annually by the Commission's member bands have been about

2,000 and 500, respectively. In 1993-94, 1631 ducks and 402 geese were

taken. Under the proposed regulations, the annual harvest is

anticipated to be approximately 3,000 ducks and 900 geese. Further, as

you state, the Commission has modified its original proposal with

regard to sex and species considerations, in line with current

management concerns. If approved, the Commission will be obligated to

monitor the harvest to ensure that local breeding populations of ducks

are not being adversely affected.''

Thus, although the first consideration for approval has been the

legal grounding of the request, the Service is also sensitive to the

inherent conservation issue. It should be emphasized here that the

willingness of the GLIFWC to compromise on the original bag limit

proposal to one which is biologically acceptable signals their

continuing responsibility and sensitivity to the status of the

waterfowl resource.

The September 15 opening date for the GLIFWC meets the framework

the Service has established for approval of tribal duck seasons. This

date should provide ample time for even late broods and molting ducks

to be flighted. These referenced guidelines were originally established

by the Service's Region 3 Office in the Twin Cities, Minnesota, for use

in the Great Lakes areas but have been generally applied elsewhere in

the States, as appropriate. The Service also requests that tribal

members honor both the noon opening for shooting hours for the first

day of the State's duck season and with Wisconsin's open water hunting

restrictions.

As these regulations are being approved in this early season final

rule, it is incumbent upon the GLIFWC to continue to closely monitor

both the duck and goose harvests to ensure that local and/or regional

breeding populations are not being negatively impacted by an increased

harvest.

In summary, this rule amends section 20.110 of 50 CFR to make

current for the early 1994-95 migratory bird hunting season the

regulations that will apply on Federal Indian reservations, off-

reservation trust lands and ceded lands. These regulations take into

account the improved production status of ducks and the need to

maintain somewhat restrictive regulations to continue the reduced

harvest of some migratory birds.

NEPA Consideration

Pursuant to the requirements of section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final

Environmental Statement for the Issuance of Annual Regulations

Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed

with the Council on Environmental Quality on June 6, 1975, and notice

of availability was published in the Federal Register on June 13, 1975

(40 FR 25241). A supplement to the final environmental statement, the

``Final Supplemental Environmental Impact Statement: Issuance of Annual

Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-

14)'' was filed on June 9, 1988, and notice of availability was

published in the Federal Register on June 16, 1988 (53 FR 22582), and

June 17, 1988 (53 FR 22727). 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

Service.

Endangered Species Act Considerations

Section 7 of the Endangered Species Act (ESA), 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 * * *'' Thus, the Service has initiated Section 7

consultation for the proposed migratory bird hunting seasons including

those which occur on Federally recognized Indian reservations and ceded

lands. The Service's biological opinion resulting from its consultation

under Section 7 of the ESA may be inspected by the public in, and will

be available from, the Service's address given under the caption

ADDRESSES.

In an August 1994 finding, the Service concluded that the proposed

action is not likely to jeopardize the continued existence of listed

species or result in the destruction or adverse modification of their

critical habitats. Among other reasons, hunting regulations are

designed to remove or alleviate chances of conflict between seasons for

migratory game birds and the protection and conservation of endangered

and threatened species and their habitats.

Regulatory Flexibility Act, Executive Order 12866, and the Paperwork

Reduction Act

In the April 7 Federal Register, the Service reported measures it

had undertaken to comply with requirements of the Regulatory

Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and Executive Order

12866. These included preparing an Analysis of Regulatory Effects,

preparing a Small Entity Flexibility Analysis under the Regulatory

Flexibility Act, and publishing a summary of the latter. This

information is included in the present document by reference. This rule

was not subject to review by the Office of Management and Budget under

Executive Order 12866. This rule does not contain any information

collection requiring approval by the Office of Management and Budget

under 44 U.S.C. 3504.

Authorship

The primary author of this early season final rule is Dr. Keith A.

Morehouse, Staff Specialist, Office of Migratory Bird Management.

Regulations Promulgation

The rulemaking process for migratory bird hunting must, by its

nature, operate under severe time constraints. However, the Service is

of the view that every attempt should be made to give the public the

greatest possible opportunity to comment on the regulations. Thus, when

the proposed hunting regulations for certain tribes were published on

August 11, 1994, the Service established the longest possible period

for public comments. In doing this, the Service recognized that time

would be of the essence. However, the comment period provided the

maximum amount of time possible while ensuring that this final rule

would be published before the beginning of the early hunting season

beginning on September 1, 1994.

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.), the Service

prescribes 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 other than waterfowl.

Therefore, for the reasons set out above, the Service finds that

``good cause'' exists, within the terms of 5 U.S.C. 553(d)(3) of the

Administrative Procedure Act, and this final rule will take effect on

September 1, 1994.

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: Migratory Bird Treaty Act (July 3, 1918), as amended

(16 U.S.C. 703-711); the Fish and Wildlife Improvement Act of 1978

(November 8, 1978), as amended (16 U.S.C. 712); and the Fish and

Wildlife Act of 1956 (August 8, 1956), as amended (16 U.S.C. 742 a-d

and e-j).

(Editorial Note: The following hunting regulations provided for

by Sec. 20.110 of 50 CFR Part 20 will not appear in the Code of

Federal Regulations because of their seasonal nature.)

2. Section 20.110 is revised to read as follows:

Sec. 20.110 Seasons, limits and other regulations for certain Federal

Indian reservations, Indian Territory, and ceded lands.

(a) White Mountain Apache Tribe, Fort Apache Indian Reservation,

Whiteriver, Arizona (Tribal Members and Nonmembers).

Band-tailed Pigeons.

Season Dates: Open September 2, close September 11, 1994.

Daily Bag and Possession Limits: The daily bag limit is 3 and the

possession limit is 6.

Mourning Doves.

Season Dates: Open September 2, close September 11, 1994.

Daily Bag and Possession Limits: The daily bag limit is 8 and the

possession limit is 16.

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 nontribal hunters will comply with all basic

Federal migratory bird hunting regulations in 50 CFR Part 20 regarding

shooting hours and manner of taking.

(b) Colorado River Indian Tribes, Parker, Arizona (Tribal Members

and Nonmembers).

Doves.

Season Dates: Open September 1, close September 11, 1994; then open

November 21, close January 8, 1995.

Daily Bag and Possession Limits: For the early season, daily bag

limit is 10 mourning or 10 white-winged doves, or 10 in the aggregate

per day. 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 before taking any

wildlife on tribal lands. Persons fourteen years and older are required

to have a valid permit. 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.

(c) Great Lakes Indian Fish and Wildlife Commission, Odanah,

Wisconsin (Tribal Members Only).

Ducks.

Wisconsin and Minnesota 1837, 1842 and 1854 Zones:

Season Dates: Open September 15, close November 7, 1994.

Daily Bag Limit: The daily bag limit is 20, including no more than

10 mallards; only 5 of which may be hen mallards; 4 black ducks; 4

redheads, 4 pintails and 2 canvasbacks.

Mergansers.

Wisconsin and Minnesota Zones:

Season Dates: Open September 15, close November 7, 1994.

Daily Bag Limit: The daily bag limit is 5, including no more than 1

hooded merganser.

Canada Geese.

Wisconsin and Minnesota Zones:

Season Dates: Open September 15, close December 1, 1994.

Daily Bag Limit: The daily bag limit is 10, minus the number of

blue, snow or white-fronted geese taken.

Michigan, 1842 Treaty Zone:

Season Dates: Open September 1, close September 10, 1994.

Daily Bag Limit: The daily bag limit is 5.

Michigan, 1836 Treaty Zone:

Season Dates: Open September 1, close September 10, 1994, except

for that small portion of the ceded territory which coincides with the

State of Michigan's Southern Zone will open September 1 and close on

September 15.

Daily Bag Limit: The daily bag limit is 5.

Other Geese (Blue, Snow, and White-fronted).

Wisconsin and Minnesota 1837, 1842 and 1854 Zones:

Season Dates: Open September 15, close December 1, 1994.

Daily Bag Limit: The daily bag limit is 10, minus the number of

Canada geese taken.

Coots and Common Moorhens (Gallinule).

Wisconsin and Minnesota 1837, 1842 and 1854 Zones:

Season Dates: Open September 15, close November 7, 1994.

Daily Bag Limit: The daily bag limit is 20, singly or in the

aggregate.

Sora and Virginia Rails.

Wisconsin and Minnesota 1837, 1842 and 1854 Zones:

Season Dates: Open September 15, close November 7, 1994.

Daily Bag Limit: The daily bag limit is 25, singly or in the

aggregate. The possession limit is 25.

Michigan, 1842 and 1836 Zones:

Season Dates: Open September 15, close November 14, 1994.

Daily Bag and Possession Limits: The daily bag limit is 25, singly

or in aggregate. The possession limit is 25.

Common Snipe.

Wisconsin and Minnesota 1837, 1842 and 1854 Zones:

Season Dates: Open September 15, close November 7, 1994.

Daily Bag Limit: The daily bag limit is 8.

Michigan, 1842 and 1836 Zones:

Season Dates: Open September 15, close November 14, 1994.

Daily Bag Limit: The daily bag limit is 8.

Woodcock.

Wisconsin and Minnesota 1837, 1842 and 1854 Zones:

Season Dates: Open September 6, close November 30, 1994.

Daily Bag Limit: The daily bag limit is 5.

Michigan, 1842 and 1836 Zones:

Season Dates: Open September 15, close November 14, 1994.

Daily Bag Limit: The daily bag limit is 5.

General Conditions: (i) While hunting waterfowl, a tribal member

must carry on his/her person a valid tribal waterfowl hunting permit.

(ii) 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. This Model

Code was the subject of the stipulation in Lac Courte Oreilles v. State

of Wisconsin regarding migratory bird hunting. Except as modified

herein, these amended regulations parallel Federal requirements, 50 CFR

Part 20, and shooting hour regulations in 50 CFR Part 20, subpart K, as

to hunting methods, transportation, sale, exportation and other

conditions generally applicable to migratory bird hunting.

(iii) Tribal members in each zone will comply with State

regulations providing for closed and restricted waterfowl hunting

areas.

(iv) Minnesota and Michigan--Duck Blinds and Decoys. Tribal members

hunting in Minnesota will comply with tribal codes that contain

provisions parallel to applicable State statutes. Tribal members

hunting in Michigan will comply with tribal codes that contain

provisions parallel to Michigan law regarding duck blinds and decoys.

(v) 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 specified.

(vi) Possession limits are applicable only to transportation and do

not include birds which are cleaned, dressed, and at a member's primary

residence. For purposes of enforcing bag and possession limits, all

migratory birds in the possession or custody of tribal members on ceded

lands will be considered to have been taken on those lands unless

tagged by a tribal or State conservation warden as having been taken

on-reservation. In Wisconsin, such tagging will comply with applicable

State statutes. All migratory birds which fall on reservation lands

will not count as part of any off-reservation bag or possession limit.

(d) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members

and Nonmembers).

Band-tailed Pigeons.

Season Dates: Open September 1, close September 30, 1994.

Daily Bag and Possession Limits: The daily bag limit is 5 and the

possession limit is 10.

Mourning Doves.

Season Dates: Open September 1, close September 30, 1994.

Daily Bag and Possession Limits: The daily bag limit is 10 and the

possession limit is 20.

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.

(e) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal

Members).

Ducks.

Season Dates: Open September 15, close November 30, 1994.

Daily Bag and Possession Limits: Daily bag limit is 6, including no

more than 4 mallards (only 1 of which can be a mallard hen), 4 wood

ducks, 1 canvasback, 1 redhead, 2 pintails, and 1 hooded merganser.

Possession limit is twice the daily bag limit.

Geese.

Season Dates: Open September 15, close November 30, 1994.

Daily Bag and Possession Limits: Daily bag limit is 2 Canada geese,

that must be tagged after harvest with tribal tags. The tribe will

reissue tags upon registration of the daily bag limit. A season quota

of 150 birds is adopted. If the quota is reached before the season

concludes, the season will be closed at that time.

Mourning Dove.

Season Dates: Open September 1, close November 30, 1994.

Daily Bag and Possession Limits: Daily bag limit is 10, and the

possession limit is 20.

Woodcock.

Season Dates: Open September 1, close November 30, 1994.

Daily Bag and Possession Limits: Daily bag limit is 6, and the

possession limit is 12.

General Conditions: Indians and non-Indians hunting on the Oneida

Indian Reservation or on lands under the jurisdiction of the Oneida

Nation will observe all basic Federal migratory bird hunting

regulations found in 50 CFR. Indian hunters are exempt from the

requirement to purchase of a Migratory Waterfowl Hunting and

Conservation Stamp (Duck Stamp).

(f) Tulalip Tribes of Washington, Tulalip Indian Reservation,

Marysville, Washington (Tribal Members).

Ducks/Coot.

Season Dates: Open September 15, 1994, and close February 1, 1995.

Daily Bag and Possession Limits: The daily bag limit is 6, with 12

in possession; except that bag and possession limits are restricted for

blue-winged teal, canvasback, harlequin, pintail and wood duck to those

established for the Pacific Flyway by final Federal frameworks, to be

announced.

Geese.

Season Dates: Open September 15, 1994, and close February 1, 1995.

Daily Bag and Possession Limits: The daily bag limit is 6, with 12

in possession; except that the bag limits for brant and cackling and

dusky Canada geese are those established for the Pacific Flyway in

accordance with final Federal frameworks, to be announced. The tribes

also set a maximum annual bag limit on ducks and geese for those tribal

members who engage in subsistence hunting.

Snipe.

Season Dates: Open September 1, 1994, and close February 1, 1995.

Daily Bag and Possession Limits: The daily bag limit is 6, with 12

in possession.

General Conditions: All waterfowl hunters, members and non-members,

must obtain and possess while hunting a valid hunting permit from the

Tulalip tribes. Also, non-tribal members sixteen years of age and

older, hunting pursuant to Tulalip Tribes' Ordinance No. 67, must

possess a validated Federal Migratory Bird Hunting and Conservation

Stamp and a validated State of Washington Migratory Waterfowl Stamp.

All Tulalip tribal members must have in their possession while hunting,

or accompanying another, their valid tribal identification card. All

hunters are required to adhere to a number of other special regulations

enforced by the tribes and available at the tribal office.

Dated: August 25, 1994.

George T. Frampton,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-21761 Filed 8-31-94; 8:45 am]

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