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

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 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 24, 1994.

ADDRESSES: Comments received on the tribal proposals and special

hunting regulations 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, 634

ARLSQ, 1849 C St., 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, 634 ARLSQ, 1849 C St., 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 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 would have to

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

the 1916 Convention on the Protection of Migratory Birds Between the

U.S. and Great Britain (for 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 August 16, 1994, proposed rule included generalized

regulations for both early and late season hunting, this rulemaking

addresses only the late season proposals. Early season hunting was

addressed in the rulemaking published in the Federal Register on

September 1, 1994 (59 FR 45235). 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 ordinarily those

that begin in late-September or early-October, or later, each year and

have a primary emphasis on waterfowl.

In the August 16 proposed rule, and in the early season final 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

framework 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, 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 and season length is considered in these final

regulations, many of which were proposed before final decisions were

made on late season frameworks for the States.

Tribal Proposals

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

requests from 14 tribes and/or Indian groups that followed the June 4,

1985, guidelines and are appropriate for rulemaking. Some of the

proposals submitted by the tribes have both early and late season

elements. However, as noted earlier, only those with late season

proposals are included in this final rulemaking; 13 tribes have

proposals with late seasons. Six tribes are represented in the early

season regulations.

There have been no tribal comments or revised proposals for the

late seasons received since publication of the early season final rule.

However, tribal proposals were made before late-season final frameworks

for States were established. Thus, with the liberalization that has

occurred, changes have been made in some of the tribal seasons that are

not reflected in the earlier proposed rule document.

Public Comments on Tribal Proposals

The Service received a letter from the Michigan Department of

Natural Resources (MIDNR), dated August 30, 1994, that generally

supports the Great Lakes Indian Fish and Wildlife Commission (GLIFWC)

migratory bird hunting proposal in the 1836 and 1842 ceded areas of

Michigan. The MIDNR did advise that State rules had been modified to

limit the take of brant to no more than two daily within a daily bag of

seven geese. This was in response to a recent Mississippi Flyway

Council recommendation.

The Service's view on this is that the likelihood of a hunter

taking, or even seeing, a brant in an interior area is not very great

given that brant are almost exclusively a marine species. Although they

are seen on occasion, records indicate the occurrence of brant in

Michigan are on a ``rare'' to ``extremely rare'' basis. Establishment

of a guideline or regulation to restrict the daily bag limit of brant

to two is somewhat meaningless in that context. Nevertheless, as it

would seem that the regulation is in part designed to protect the

hunter, the Service will defer to the GLIFWC to decide for next season

how they will propose to respond to the Mississippi Flyway Council

recommendation and the State of Michigan establishment of regulations

for brant harvest. For this current season, after consultation with

both the MIDNR and the GLIFWC, the potential problem has been taken

care of through inclusion of brant in the ``Other Geese'' category of

the GLIFWC regulations.

Other comments from States regarding tribally proposed regulations,

received earlier, were addressed in the early season final rule

published on September 1, 1994.

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

current for the late 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 liberalization that the Service has determined is

biologically feasible for this current season, based on improved

production.

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, 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, the Service initiated

Section 7 consultation under the Endangered Species Act 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 Endangered Species Act may be inspected by the public in, and will

be available to the public from, the Division of Endangered Species and

Habitat Conservation and the Office of Migratory Bird Management, U.S.

Fish and Wildlife Service, Department of the Interior, Washington, D.C.

20240. Copies of these documents are available from the Service at the

address indicated under the caption ADDRESSES.

In an August 1994 opinion, the Division of Endangered Species

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. Hunting regulations

are designed, among other things, 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

action 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 final rule is Dr. Keith A. Morehouse,

Office of Migratory Bird Management.

Regulations Promulgation

The rulemaking process for migratory bird hunting must, by its very

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 16, 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 late hunting season beginning on

September 24, 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 24, 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, as amended (16 U.S.C. 703

et seq.).

(Editorial Note: The following annual 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) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,

New Mexico (Tribal Members and Nontribal Hunters)

Ducks (including mergansers).

Season Dates: Begin October 1, end November 30, 1994.

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

including no more than 4 mallards (of which only 1 may be a female), 1

pintail and 2 redheads. The possession limit is twice the daily bag

limit. No canvasbacks are allowed in the bag.

Geese. The 1994-95 goose season is closed.

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 older 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

Jicarilla Tribe also apply on the reservation.

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

Whiteriver, Arizona (Tribal Members and Nontribal Hunters)

Ducks (Including Mergansers).

Season Dates: Begin November 12, 1994, end January 8, 1995.

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

including no more than 4 mallards (only 1 female mallard), 1 redhead, 2

canvasbacks and 1 pintail. The possession limit is twice the daily bag

limit, but may not include more than 1 daily bag limit that has been

taken in any 1 day.

Coots, Moorhens and Gallinules.

Season Dates: Begin November 12, 1994, end January 8, 1995.

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

or in the aggregate. The possession limit is twice the daily bag limit,

but may not include more than 1 daily bag limit that has been taken in

any 1 day.

Canada Geese.

Season Dates: Begin November 12, 1994, end January 8, 1995.

Bag and Possession Limits: The daily bag limit is 2, and the

possession limit is 4 after the first day.

General Conditions: (1) The area open to hunting in the above

seasons consists of: The entire length of the Black and Salt Rivers

forming the southern boundary of the reservation; the Whiteriver,

extending from the Canyon Day Stockman Station to the Salt River; and

all stock ponds located within Wildlife Management Units 4, 6 and 7.

The remaining reservation waters will be closed to waterfowl hunting

during the 1994-95 hunting season.

(2) 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.

(3) See other special regulations established by the White Mountain

Apache Tribe that apply on the reservation, available from the

reservation Game and Fish Department.

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

and Nontribal Hunters).

Ducks.

Season Dates: Begin October 14, end November 10, 1994; then open

December 9, 1994, close January 8, 1995.

Daily Bag and Possession Limits: The daily bag limit is 4, which

may include no more than 2 pintails, 2 redheads, 1 Mexican duck and 1

canvasback. The possession limit is twice the daily bag limit.

Coots and Common Moorhens.

Season Dates: Begin October 14, end November 10, 1994; then open

December 9, 1994, close January 8, 1995.

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

possession limit is twice the daily bag limit.

Geese.

Season Dates: Begin October 22, 1994, end January 22, 1995.

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

in possession. The daily bag limit may not include more than 2 dark

(Canada) geese and 3 white (snow, blue, Ross's) geese.

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.

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

Wisconsin (Tribal Members Only).

Ducks.

Michigan, 1842 Treaty Zone.

Season Dates: Begin October 1 and end November 7, then begin

November 12 and end November 13, 1994.

Daily Bag Limit: The daily bag limit is 3, including no more than 2

mallards (only 1 of which may be a female), 1 black duck, 1 pintail, 2

wood ducks, 1 canvasback and 1 redhead.

Michigan, 1836 Treaty Zone.

Season Dates: North Zone, begin October 1 and end November 7, then

begin November 12 and end November 13, 1994; Middle Zone, begin October

1 and end November 6, then begin November 11 and end November 13; South

Zone, begin October 8 and end November 13, 1994, then begin November 25

and end November 27, 1994.

Daily Bag Limit: The daily bag limit is 3, including no more than 2

mallards (only 1 of which may be a female), 1 black duck, 1 pintail, 2

wood ducks, 1 canvasback and 1 redhead.

Mergansers.

Michigan, 1842 Treaty Zone.

Season Dates: Begin October 1 and end November 7, then begin

November 12 and end November 13, 1994.

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

hooded merganser.

Michigan, 1836 Treaty Zone.

Season Dates: North Zone, begin October 1 and end November 7, then

begin November 12 and end November 13, 1994; Middle Zone, begin October

1 and end November 6, then begin November 11 and end November 13; South

Zone, begin October 8 and end November 13, 1994, then begin November 25

and end November 27, 1994.

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

hooded merganser.

Canada Geese.

Michigan, 1842 Treaty Zone.

Season Dates: Begin September 24, end October 16, 1994.

Daily Bag Limit: The daily bag limit is 2.

Michigan, 1836 Treaty Zone.

Season Dates: North Zone, begin September 24 and end October 16,

1994; Middle Zone, begin October 1 and end October 23, 1994; South

Zone, begin October 8 and end November 6, 1994.

Daily Bag Limit: The daily bag limit is 1 for the South Zone and 2

for the North and Middle Zones.

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

Michigan, 1842 Treaty Zone.

Season Dates: Begin September 24, end October 16, 1994.

Daily Bag Limit: The daily bag limit is 7, including no more than 2

white-fronted.

Michigan, 1836 Treaty Zone.

Season Dates: North Zone, begin September 24 and end October 16,

1994; Middle Zone, begin October 1 and end October 23, 1994; South

Zone, begin October 8 and end November 6, 1994.

Daily Bag Limit: The daily bag limit is 7, including no more than 2

white-fronted.

Coots and Common Moorhens (Gallinule).

Michigan, 1842 Treaty Zone.

Season Dates: Begin October 1 and end November 7, then begin

November 11 and end November 13, 1994.

Daily Bag Limit: The daily bag limit is 15, singly or in the

aggregate.

Michigan, 1836 Treaty Zone.

Season Dates: North Zone, begin October 1 and end November 7, then

begin November 12 and end November 13, 1994; Middle Zone, begin October

1 and end November 6, then begin November 11 and end November 13; South

Zone, begin October 8 and end November 13, 1994, then begin November 25

and end November 27, 1994.

Daily Bag Limit: The daily bag limit is 15.

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

may be modified by Service final rules adopted in response to a

proposed rule, 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.

(3) Tribal members in each zone will comply with State regulations

providing for closed and restricted waterfowl hunting areas.

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

hunting in Minnesota will comply with tribal codes that contain

provisions parallel to M. S. 100.29, Subd. 18 (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.

(5) 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.

(6) 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 Sec. NR

19.12, Wis. Adm. Code. All migratory birds which fall on reservation

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

limit.

(e) Kalispel Tribe, Kalispel Reservation, Usk, Washington

(Nontribal Hunters).

Ducks.

Season Dates: Begin October 1, 1994, end January 29, 1995. During

this period, days to be hunted are specified by the Kalispel Tribe as

Wednesdays, weekends, holidays and for a continuous period from

November 28 through December 31, 1994, the total of which is 77 days.

Nontribal hunters should contact the tribe for more detail on hunting

days.

Daily Bag and Possession Limits: The daily bag limit is 4 ducks,

including no more than 3 mallards (only 1 of which may be a female), 1

pintail, 1 canvasback and 2 redheads. The possession limit is twice the

daily bag limit.

Geese.

Dark Geese.

Season Dates: Begin October 1, 1994, end January 29, 1995. During

this period, days to be hunted are specified by the Kalispel Tribe as

Wednesdays, weekends, holidays and for a continuous period from

November 28 through December 31, 1994, the total of which is 77 days.

Nontribal hunters should contact the tribe for more detail on hunting

days.

Daily Bag and Possession Limits: The daily bag limit is 4 geese,

including 4 dark geese but not more than 2 white-fronted geese. The

possession limit is twice the daily bag limit.

Light Geese.

Season Dates: Begin October 1, 1994, end January 29, 1995. During

this period, days to be hunted are specified by the Kalispel Tribe as

Wednesdays, weekends, holidays and for a continuous period from

November 28 through December 31, 1994, the total of which is 77 days.

Nontribal hunters should contact the tribe for more detail on hunting

days.

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

geese. The possession limit is twice the daily bag limit.

General: 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, will be observed by hunters.

(f) Klamath Tribe, Chiloquin, Oregon (Tribal Members)

Ducks.

Season Dates: Begin October 1, 1994, end January 28, 1995.

Daily Bag and Possession Limits: The daily bag limit is 9. The

possession limit is twice the daily bag limit.

Coots.

Season Dates: Begin October 1, 1994, end January 28, 1995.

Daily Bag and Possession Limits: The daily bag and possession

limits are 25.

Geese.

Season Dates: Begin October 1, 1994, end January 28, 1995.

Daily Bag and Possession Limits: The daily bag limit is 6. The

possession limit is twice the daily bag limit.

General: The Klamath Tribe provides regulations enforcement

authority in its game management officers, biologists and wildlife

technicians, and has a court system with judges that hear cases and set

fines.

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

and Nontribal Hunters)

Ducks.

Season Dates: Begin October 1, end November 28, 1994.

Daily Bag and Possession Limits: The bag limit is 5, including no

more than 4 mallards (only 1 of which may be a female), 1 pintail, 1

canvasback and 2 redheads. The possession limit is twice the daily bag

limit for each sex and/or species.

Canada Geese.

Season Dates: Begin October 1, 1994, end January 8, 1995.

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

possession limit is 6.

Coots and Common Moorhens.

Season Dates: Begin October 1, end November 28, 1994.

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

or in the aggregate, and the possession limit is restricted to the

daily bag limit (25).

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.

(h) Confederated Salish and Kootenai Tribes, Flathead Indian

Reservation, Pablo, Montana (Nontribal Hunters)

Ducks (including mergansers).

Season Dates: Begin October 1, end October 16; begin October 22,

end November 27; and begin December 17, 1994, end January 1, 1995.

Daily Bag and Possession Limits: The daily bag limit is 4,

including no more than 3 mallards (only 1 of which may be a female), 1

pintail, 1 canvasback and 2 redheads. The possession limit is twice the

daily bag limit.

Coots.

Season Dates: Begin October 1, end October 16; begin October 22,

end November 27; and begin December 18, 1994, end January 1, 1995.

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

possession limit is limited to the daily bag (25).

Geese.

Dark.

Season Dates: Begin October 1, 1994, end January 8, 1995.

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

may include no more than 2 white-fronted geese. The possession limit is

twice the daily bag limit.

White.

Season Dates: Begin October 1, 1994, end January 8, 1995.

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

possession limit is 6.

Special Exception For Geese: A special early closure for goose

hunting may begin at sunset, December 4, 1994, within the following

area or some portion therein: Beginning at Polson, then north along

U.S. Highway 93 to Irvine Flats Road, then west along Irvine Flats Road

to Irvine Divide, then south along the crest of the Salish Mountains

Divide to its intersection with the Ronan-Hot Springs Road, then east

to Sloan's Bridge, then east along Sloan Road to its intersection with

Round Butte Road, then east along Round Butte Road to Valley View Road,

then north along Valley View Road to its intersection with Kerr Dam

Road, then north and east to Polson, the point of beginning. Lands

outside those boundaries will close to Canada goose hunting at sunset

on January 8, 1995.

General Conditions. Nontribal hunters will 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 face. Special regulations

established by the Confederated Salish and Kootenai Tribes also apply

on the reservation.

(i) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort

Hall, Idaho (Nontribal Hunters)

Ducks.

Season Dates: Begin October 22, end December 19, 1994.

Daily Bag and Possession Limits: The daily bag limit is 4,

including no more than 3 mallards (only 1 of which may be a female), 1

pintail, 1 canvasback and 2 redheads. The possession limit is twice the

daily bag limit.

Mergansers.

Season Dates: Begin October 22, end December 19, 1994.

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

possession limit is 10.

Coots.

Season Dates: Begin October 22, end December 19, 1994.

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

possession limit is limited to the daily bag (25).

Geese.

Season Dates: Begin October 8, 1994, end January 8, 1995.

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

aggregate of all species, with no more than 2 white-fronted geese. The

possession limit is twice the daily bag limit.

Common Snipe.

Season Dates: Begin October 22, end December 19, 1994.

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

possession limit is 16.

General Conditions: 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 older must have in his/her possession a valid

Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed in

ink across the face. Other regulations established by the Shoshone-

Bannock Tribes also apply on the reservation.

(j) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort

Thompson, South Dakota (Tribal Members and Nontribal Hunters)

Ducks.

Season Dates: Begin October 29, end December 11, 1994.

Daily Bag and Possession Limits: The daily bag limit is 4, of

which: only 1 may be a female mallard; only 1 may be a canvasback, only

1 may be a redhead; only 1 may be a pintail; only 2 may be wood ducks;

and only 1 may be a hooded merganser. The possession limit is 8, the

makeup of which may be no more than twice each of the above.

Dark Geese.

Canada, Brant and White-fronted Geese.

Season Dates: Begin October 9, 1994, end January 1, 1995.

Daily Bag and Possession Limits: The daily bag limit is 2 dark

geese, which can include no more than 1 white-fronted goose (or brant).

The possession limit is twice the daily bag limit.

Light Geese.

Season Dates: Begin October 9, 1994, end January 1, 1995.

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

possession limit is 20.

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 nontribal hunters

will 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 face. Special regulations established

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

(k) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,

South Dakota (Tribal Members and Nontribal Hunters)

Ducks (including mergansers).

Season Dates: Begin October 8, end November 27, 1994.

Daily Bag and Possession Limits: The daily bag limit is 4,

including no more than 1 pintail, 1 mottled duck, 1 redhead, 1

canvasback, 2 wood ducks, 1 female mallard and 1 hooded merganser. The

possession limit is twice the daily bag limit.

Geese.

Dark Geese.

Season Dates: Begin October 1, end December 25, 1994.

Daily Bag and Possession Limits: The daily bag limit is 2 Canada

geese or 1 Canada goose and 1 white-fronted goose (or 1 brant). The

possession limit is twice the daily bag limit.

White Geese.

Season Dates: Begin October 1, 1994, end December 25, 1994.

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

possession limit is 20.

General Conditions: All hunters shall comply with the basic Federal

migratory bird hunting regulations in 50 CFR Part 20, including the use

of steel shot. Nontribal hunters are required to have in their

possession a validated Migratory Waterfowl 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.

(l) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and

Nontribal Hunters)

Ducks including Mergansers.

Season Dates: Begin October 29, end December 6, 1994.

Daily Bag and Possession Limits: The daily bag limit is 4 ducks, of

which only 1 may be a female mallard; only 1 may be a redhead; only 1

may be a pintail; only 2 may be wood ducks; and only 1 may be a hooded

merganser. Other merganser species, than hooded, must be included in

the duck limit. The possession limit is 8, the makeup of which may be

no more than double each of the above daily bag limits.

Coots.

Season Dates: Begin October 29, end December 6, 1994.

Daily Bag and Possession Limits: The daily bag limit is 15, and the

possession limit is 30.

Dark Geese (Tribal and Nontribal).

Season Dates: Begin October 1, end December 18, 1994.

Daily Bag and Possession Limits: The daily bag limit is 2, which

may include no more than 1 white-fronted goose (or brant). The

possession limit is twice the daily bag limit.

White Geese (Tribal and Nontribal).

Season Dates: Begin October 1, end December 18, 1994.

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

possession limit is 20.

Special Season: For tribal and nontribal hunters, a special

extended goose season will be held in the Chalk Rock Colony area of the

Yankton Sioux Reservation. This season begins at the close of the

regular goose season, December 19, 1994, in Goose Hunting Unit 2 and

extends through January 8, 1995. Information on this special season,

including bag limits and other regulations, may be obtained from the

Bureau of Indian Affairs Office in Wagner, South Dakota.

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 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 older

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 Yankton Sioux Tribe also apply on the

reservation.

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

Marysville, Washington (Nontribal Hunters)

Ducks.

Season Dates: Begin November 13, 1994, end January 20, 1995.

Daily Bag and Possession Limits: The daily bag limit is 4, of which

no more than 3 may be mallards (including only 1 female), 1 pintail, 1

canvasback and 2 redheads. The possession limit is twice the daily bag

limit.

Coots.

Season Dates: Begin November 13, 1994, end January 20, 1995.

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

possession limit is restricted to the daily bag limit (25).

Geese.

Season Dates: Begin October 15, 1994, end January 22, 1995.

Daily Bag and Possession Limits: The daily bag limit is 4, and the

possession limit is 8. However, there are restrictions on white-fronted

(daily/possession limits, 2 and 4) and snow geese (daily/possession, 3

and 6) statewide.

Brant.

Season Dates: Begin January 7, 1994, end January 22, 1995.

Daily Bag and Possession Limits: The daily bag limit is 2, and the

possession limit is 4.

Snipe.

Season Dates: Begin November 13, 1994, end February 28, 1995.

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

possession limit is 16.

General Conditions: All hunters are required to adhere to shooting

hour regulations of one-half hour before sunrise to sunset, and a

number of other special regulations enforced by the tribes.

Dated: September 8, 1994.

George T. Frampton,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-23505 Filed 9-21-94; 8:45 am]

BILLING CODE 4310-55-P