Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1995-96 Early Season

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, 1995.

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: Ron W. Kokel or Dr. Keith A.

Morehouse, Office of Migratory Bird Management, U.S. Fish and Wildlife

Service, (703/358-1714).

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

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

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

zones of temperature and for the distribution, abundance, economic

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

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

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

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

transported.

In the August 17, 1995 Federal Register (60 FR 42960), the U.S.

Fish and Wildlife Service (Service) proposed special migratory bird

hunting regulations for the 1995-96 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 1995-96

hunting season were requested in the March 24, 1995, Federal Register

(60 FR 15642) 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 1995. 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.

Comments and Issues Concerning Tribal Proposals

For the 1995-96 migratory bird hunting season, the Service proposed

regulations for seventeen 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 have both early and late

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

season proposals are included in this final rulemaking; 9 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 18, 1995, closed on August 28,

1995. 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, Wisconsin

To date, the Service has received one letter regarding the proposal

of the Great Lakes Indian Fish and Wildlife Commission (GLIFWC). The

State of Wisconsin Department of Natural Resources (WIDNR) July 6, 1995

letter 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 local giant Canada geese.

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

proposed duck daily bag limit to 20. The WIDNR believes that the

proposed 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

[[Page 46013]]

opening for shooting hours for the first day of the State's duck

season.

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. 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. 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 continues

to be that while the Commission's proposed bag limits are somewhat

greater than they were several years ago, we disagree that they are

``inconsistent with past FWS harvest and population management

strategies'' 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 1994-95, under nearly identical regulations, 1901

ducks and 719 geese were taken. Under the proposed regulations, the

annual harvest is anticipated to be approximately 3,000 ducks and 900

geese. Further, the Commission has proposed specific 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.

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 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 1995-96 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 status of ducks and the need to maintain somewhat

restrictive regulations to reduce harvest on some migratory bird

populations.

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 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 1995 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 Federal Register dated March 24, 1995 (60 FR 15642), the

Service reported measures it had undertaken to comply with requirements

of the Regulatory Flexibility Act and the Executive Order. These

included preparing an Analysis of Regulatory Effects and an updated

Final Regulatory Impact Analysis (FRIA), and publication of a summary

of the latter. Although a FRIA is no longer required, the economic

analysis contained in the FRIA was reviewed and the Service determined

that it met the requirements of E.O. 12866. In addition, the Service

prepared a Small Entity Flexibility Analysis, under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq), which further document the

significant beneficial economic effect on a substantial number of small

entities. This rule was not subject to review by the Office of

Management and Budget under E.O. 12866.

These regulations contain no information collections subject to OMB

review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et

seq.). However, the Service does utilize information acquired through

other various information collections in the formulation of migratory

game bird hunting regulations. These information collection

requirements have been approved by OMB and assigned clearance numbers

1018-0005, 1018-0006, 1018-0008, 1018-0009, 1018-0010, 1018-0015, 1018-

0019, and 1018-0023.

Authorship

The primary authors of this early season final rule are Ron W.

Kokel and Dr. Keith A. Morehouse, Office of Migratory Bird Management.

[[Page 46014]]

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 18, 1995, 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, 1995.

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, 1995.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

Accordingly, Part 20, Subchapter B, Chapter I of Title 50 of the

Code of Federal Regulations is amended as follows:

PART 20--[AMENDED]

1. The authority citation for Part 20 continues to read as follows:

Authority: 16 U.S.C. 703-711, 16 U.S.C. 712, and 16 U.S.C. 742

a-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) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and

Nonmembers)

Doves

Season Dates: Open September 1, close September 10, 1995; then open

November 25, close January 14, 1996.

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 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 for all persons 14 years and older and must

be in possession before taking any wildlife on tribal lands. Any person

transporting game birds off the Colorado River Indian Reservation must

have a valid transport declaration form. Other tribal regulations

apply, and may be obtained at the Fish and Game Office in Parker,

Arizona.

(b) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,

Michigan (Tribal Members Only)

Canada Geese

Michigan, 1836 Treaty Zone:

Season Dates: Open September 1, close November 30, 1995, and open

January 1, close February 7, 1996.

Daily Bag Limit: The daily bag limit is 5.

General Conditions: A valid Grand Traverse Band Tribal license is

required for all persons 12 years and older 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.

(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, 1995.

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, 1995.

Daily Bag Limit: The daily bag limit is 5.

Canada Geese

Wisconsin and Minnesota Zones:

Season Dates: Open September 15, close December 1, 1995.

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, 1995.

Daily Bag Limit: The daily bag limit is 5.

Michigan, 1836 Treaty Zone:

Season Dates: Open September 1, close September 10, 1995, 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, 1995.

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, 1995.

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, 1995.

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, 1995.

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, 1995.

Daily Bag Limit: The daily bag limit is 8.

Michigan, 1842 and 1836 Zones:

Season Dates: Open September 15, close November 14, 1995.

Daily Bag Limit: The daily bag limit is 8.

[[Page 46015]]

Woodcock

Wisconsin and Minnesota 1837, 1842 and 1854 Zones:

Season Dates: Open September 5, close November 30, 1995.

Daily Bag Limit: The daily bag limit is 5.

Michigan, 1842 and 1836 Zones:

Season Dates: Open September 15, close November 14, 1995.

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, 1995.

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, 1995.

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, 1995.

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

more than 3 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 1, close November 30, 1995.

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, 1995.

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, 1995.

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 a Migratory Waterfowl Hunting and Conservation

Stamp (Duck Stamp) and the plugging of shotgun to limit capacity to 3

shells.

(f) Seminole Tribe of Florida, Big Cypress Seminole Reservation,

Clewiston, Florida (Tribal and Non-tribal Members).

Mourning Doves

Season Dates: Open September 20, 1995, close January 15, 1996.

Daily Bag and Possession Limits: The daily bag limit is 12 and the

possession limit is 24.

General Conditions: Hunting would be on Sundays only from 1:00 p.m.

to sunset. All other Federal regulations contained in 50 CFR part 20

would apply.

(g) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,

Washington (Tribal Members)

Ducks

Season Dates: Open September 15, 1995, close January 15, 1996.

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

more than 1 canvasback. The season on harlequin ducks is closed.

Possession limit is twice the daily bag limit.

Geese

Season Dates: Open September 15, 1995, close January 15, 1996.

Daily Bag and Possession Limits: Daily bag limit is 4 birds per day

and can include no more than 2 snow geese and 1 dusky Canada goose. The

season on Aleutian and Cackling Canada geese is closed. Possession

limit is twice the daily bag limit.

Brant

Season Dates: Open September 15, close December 31, 1995.

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

possession limit is 4.

Coots

Season Dates: Open September 15, 1995, close January 15, 1996.

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

[[Page 46016]]

Snipe

Season Dates: Open September 15, 1995, and close January 15, 1996.

Daily Bag and Possession Limits: The daily bag limit is 8, with 16

in possession.

Band-tailed Pigeons

Season Dates: Open September 15, close December 1, 1995.

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

possession limit is 4.

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.

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

Marysville, Washington (Tribal Members)

Ducks/Coot

Season Dates: Open September 15, 1995, and close February 1, 1996.

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, 1995, and close February 1, 1996.

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, 1995, and close February 1, 1996.

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.

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

Whiteriver, Arizona (Tribal Members and Nonmembers).

Band-tailed Pigeons

Season Dates: Open September 1, close September 10, 1995.

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

possession limit is 6.

Mourning Doves

Season Dates: Open September 1, close September 10, 1995.

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.

Dated: August 29, 1995

George T. Frampton, Jr.,

George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95-21788 Filed 8-31-95; 8:45 am]

BILLING CODE 4310-55-F