Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1997-98 Late Season

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE14

Migratory Bird Hunting: Migratory Bird Hunting Regulations on

Certain Federal Indian Reservations and Ceded Lands for the 1997-98

Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule prescribes special late season migratory bird

hunting regulations for certain tribes on Federal Indian reservations,

off-reservation trust lands and ceded lands. This responds to tribal

requests for Service recognition of their authority to regulate hunting

under established guidelines. This rule allows the establishment of

seasons and bag limits and, thus, harvest at levels compatible with

populations and habitat conditions.

DATE: This rule takes effect on October 1, 1997.

ADDRESSES: The public may inspect comments received during normal

business hours in Room 634, Arlington Square Building, 4401 N. Fairfax

Drive, Arlington, Virginia. The public should send communications

regarding the documents 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, 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 11, 1997, Federal Register (62 FR 43042), the Service

proposed special migratory bird hunting regulations for the 1997-98

hunting season for certain Indian tribes, under the guidelines

described in the June 4, 1985, Federal Register (50 FR 23467). The

guidelines respond to tribal requests for Service recognition of their

reserved hunting rights, and for some tribes, recognition of their

authority to regulate hunting by both tribal members and nonmembers on

their reservations. The guidelines include possibilities for:

(1) on-reservation hunting by both tribal members and nonmembers,

with hunting by 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 must

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

the 1916 Migratory Bird Treaty with Canada.

In the March 13, 1997, Federal Register (62 FR 2054), the Service

requested that tribes desiring special hunting regulations in the 1997-

98 hunting season submit a proposal including 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 established by the State(s) in which an Indian reservation

is located. The Service has successfully used the guidelines since the

1985-86 hunting season. The Service finalized the guidelines beginning

with the 1988-89 hunting season (August 18, 1988, Federal Register [53

FR 31612]).

Although the proposed rule included generalized regulations for

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

late-season proposals. Early-season hunting was addressed in the

rulemaking published in the Federal Register on September 2, 1997 (62

FR 46420). As a general rule, early seasons begin during September each

year and have a primary emphasis on such species as mourning dove. Late

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

emphasis on waterfowl.

This year, the Service's annual breeding duck survey estimated

total ducks in the traditional survey area was 42.6 million, an

increase of 13 percent from that in 1996 and 31 percent higher than the

long-term average. The total duck fall flight forecast is approximately

92 million birds, compared to 90 million last year. This estimate is

the highest recorded since calculations were initiated in 1970. As a

result, the Service has responded by proposing Flyway frameworks that

are slightly expanded from those of last season for the 1997-98

waterfowl hunting season (August 25, 1997, Federal Register, 62 FR

45078). The tribal seasons established below generally reflect the

Flyway frameworks.

Tribal Proposals

For the 1997-98 migratory bird hunting season, the Service proposed

regulations for 20 tribes and/or Indian groups that followed the 1985

guidelines and were considered appropriate for final rulemaking. Some

of the proposals submitted by the tribes had both early- and late-

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

proposals are included in this final rulemaking; 15 tribes made

proposals with late seasons. Twelve tribes were represented in the

early-season regulations. Comments and revised proposals received to

date are addressed in the following section. The comment period for the

proposed rule, published on August 11, 1997, closed on August 21, 1997.

Public Comments On Tribal Proposals

The Service received a letter from the Washington Department of

Fish and Wildlife (WDFW), dated August 18, 1997, concerning the

potential impacts of proposed tribal member seasons on brant

populations. The WDFW was concerned that several tribes had proposed

long brant seasons that could potentially impact populations. The WDFW

encouraged a more conservative approach for all tribal brant hunting

seasons in Puget Sound by limiting seasons to the existing Federal

framework of 16 days.

In general, Flyway frameworks are liberally interpreted when

application is made to tribal member regulations. This results from the

special status of Native Americans and specific treaty rights. Seasons

for non-tribal members are established within the general Flyway

framework of 16 days with a daily bag

[[Page 50987]]

limit of 2 brant. While the Service shares the concern of the WDFW for

Pacific brant populations, we believe that current populations of brant

can support the tribes' limited harvest. Further, we note that most of

the tribes have very limited hunting opportunity for brant. However,

the Service will continue to monitor brant populations and encourages

the tribes to closely monitor their harvest.

NEPA Consideration

NEPA considerations are covered by the programmatic document,

``Final Supplemental Environmental Impact Statement: Issuance of Annual

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

14),'' filed with EPA on June 9, 1988. The Service published a Notice

of Availability in the June 16, 1988, Federal Register (53 FR 22582).

The Service published its Record of Decision on August 18, 1988 (53 FR

31341). 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. Copies of

these documents are available from the Service at the address indicated

under the caption ADDRESSES.

Endangered Species Act Considerations

As in the past, the Service designs hunting regulations to remove

or alleviate chances of conflict between migratory game bird hunting

seasons and the protection and conservation of endangered and

threatened species. Consultations were conducted to ensure that actions

resulting from these regulatory proposals will not likely jeopardize

the continued existence of endangered or threatened species or result

in the destruction or adverse modification of their critical habitat.

Findings from these consultations are included in a biological opinion

and may have caused modification of some regulatory measures previously

proposed. The final frameworks reflect any modifications. The Service's

biological opinions resulting from its Section 7 consultation are

public documents available for public inspection in the Service's

Division of Endangered Species and MBMO, at the address indicated under

the caption ADDRESSES.

Executive Order (E.O.) 12866

Collectively, the rules covering the overall frameworks for

migratory bird hunting are economically significant and are reviewed by

the Office of Management and Budget (OMB) under E.O. 12866. This rule

is a small portion of the overall migratory bird hunting frameworks and

was not individually submitted and reviewed by the Office of Management

and Budget (OMB) under E.O. 12866.

Congressional Review

In accordance with Section 251 of the Small Business Regulatory

Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been

submitted to Congress and has been declared major. Because this rule

establishes hunting seasons, this rule qualifies for an exemption under

5 U.S.C. 808(1); therefore, the Department determines that this rule

shall take effect immediately.

Regulatory Flexibility Act

Overall, migratory bird hunting regulations have a significant

economic impact on a substantial number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq). In the March 13,

1997, Federal Register, the Service reported measures it took to comply

with requirements of the Act. One measure was to prepare a Small Entity

Flexibility Analysis (Analysis) in 1996 documenting the significant

beneficial economic effect on a substantial number of small entities.

The Analysis estimated that migratory bird hunters would spend between

$254 and $592 million at small businesses in 1996. Copies of the

Analysis are available upon request from the Office of Migratory Bird

Management.

Paperwork Reduction Act

The Department examined these regulations under the Paperwork

Reduction Act of 1995 and found no information collection requirements.

Regulations Promulgation

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

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

intends that the public be given the greatest possible opportunity to

comment on the regulations. Thus, when the preliminary proposed

rulemaking was published, the Service established what it believed were

the longest periods possible for public comment. In doing this, the

Service recognized that when the comment period closed, time would be

of the essence. That is, if there were a delay in the effective date of

these regulations after this final rulemaking, the tribes would have

insufficient time to communicate these seasons to their member and non-

tribal hunters and to establish and publicize the necessary regulations

and procedures to implement their decisions.

Therefore, the Service, 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.), 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.

The Service therefore finds that ``good cause'' exists, within the

terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and

these frameworks will, therefore, take effect immediately upon

publication.

Unfunded Mandates

The Service has determined and certifies in compliance with the

requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that

this rulemaking will not impose a cost of $100 million or more in any

given year on local or State government or private entities.

Civil Justice Reform--Executive Order 12988

The Department, in promulgating this final rule, has determined

that these regulations meet the applicable standards provided in

Sections 3(a) and 3(b)(2) of Executive Order 12988.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

Accordingly, part 20, subchapter B, chapter I of Title 50 of the

Code of Federal Regulations is amended as follows:

PART 20--[AMENDED]

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

Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a--j.

(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 amended by revising paragraphs (a), (c), (e),

(f), (h), (k) and (l); and by adding paragraphs (m), (n), (o), (p),

(q), (r), (s), and (t) to read as follows:

[[Page 50988]]

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

Indian reservations, Indian Territory, and ceded lands.

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

and Nontribal Hunters)

Doves

Season Dates: Open September 1, close September 15, 1997; then open

November 16, close January 15, 1998.

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

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

aggregate. For the late season, the daily bag limit is 10 mourning

doves. Possession limits are twice the daily bag limits.

Ducks (including mergansers)

Season Dates: Begin October 4, 1997, close January 5, 1998.

Daily Bag and Possession Limits: 7 ducks, including no more than 2

pintails, 2 redheads, 2 Mexican ducks, 2 hen mallards, and 1

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

Coots and Common Moorhens

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25 coots and common moorhens,

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

limit.

Geese

Season Dates: Begin October 18, 1997, end January 18, 1998.

Daily Bag and Possession Limits: 5 geese, including no more than 2

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

possession limit is 5.

General Conditions: All persons 12 years and older must possess a

valid Colorado River Indian Reservation hunting permit 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.

* * * * *

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

Bay, Michigan (Tribal Members Only)

Ducks

Michigan, 1836 Treaty Zone:

Season Dates: Open September 20, 1997, close January 20, 1998.

Daily Bag Limit: 10 ducks, which may include no more than 1

pintail, 1 canvasback, 1 black duck, 1 hooded merganser, 2 wood ducks,

2 redheads, and 5 mallards (only 2 hen mallards).

Canada Geese

Michigan, 1836 Treaty Zone:

Season Dates: Open September 1, close November 30, 1997, and open

January 1, 1998, close February 8, 1998.

Daily Bag Limit: 5 geese.

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

Michigan, 1836 Treaty Zone:

Season Dates: Begin October 1, end November 30, 1997.

Daily Bag Limit: 5 geese.

Sora Rails

Michigan 1836 Treaty Zone:

Season Dates: Open September 1, close November 14, 1997.

Daily Bag Limit: 5 rails.

Common Snipe

Michigan 1836 Treaty Zone:

Season Dates: Open September 1, close November 14, 1997.

Daily Bag Limit: 5 snipe.

Woodcock

Michigan 1836 Treaty Zone:

Season Dates: Open September 1, close November 14, 1997.

Daily Bag Limit: 5 woodcock.

General Conditions: Persons twelve years and older must possess a

valid Grand Traverse Band Tribal license before taking any wildlife.

All other basic regulations contained in 50 CFR part 20 are valid.

Other tribal regulations apply, and may be obtained at the tribal

office in Suttons Bay, Michigan.

* * * * *

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

Members and Non-tribal Hunters).

Tribal Members Only

Ducks

Season Dates: Open September 15, 1997, close January 31, 1998.

Daily Bag and Possession Limits: 7 ducks, including no more than 3

pintails, 2 hen mallards, and 1 canvasback.

Geese

Season Dates: Open September 15, 1997, close January 31, 1998.

Daily Bag and Possession Limits: 4 geese, including 4 dark geese

but not more than 3 light geese. The possession limit is twice the

daily bag limit.

General: Tribal members must possess a validated Migratory Bird

Hunting and Conservation Stamp and a tribal ceded lands permit.

Non-tribal Hunters

Ducks

Season Dates: Open October 4, 1997, close January 18, 1998. During

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

weekends, holidays and for a continuous period in the month of

December. Nontribal hunters should contact the tribe for more detail on

hunting days.

Daily Bag and Possession Limits: 7 ducks, including no more than 3

pintails, 2 hen mallards, and 1 canvasback.

Geese

Season Dates: Begin October 4, 1997, close January 11, 1998.

Daily Bag and Possession Limits: 4 geese, including 4 dark geese

but not more than 3 light geese. The possession limit is twice the

daily bag limit.

General: Hunters must observe all State and Federal regulations,

such as those contained in 50 CFR part 20 and including the possession

of a validated Migratory Bird Hunting and Conservation Stamp.

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

and Nontribal Hunters)

Band-tailed Pigeons

Season Dates: Open September 1, close September 30, 1997.

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

Mourning Doves

Season Dates: Open September 1, close September 30, 1997.

Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (including mergansers)

Season Dates: Begin October 4, 1997, close January 18, 1998.

Daily Bag and Possession Limits: 7 ducks, including no more than 2

female mallards, 3 pintails, 1 canvasback and 2 redheads. The

possession limit is twice the daily bag limit.

Dark Geese

Season Dates: Begin October 4, 1997, end January 11, 1998.

Daily Bag and Possession Limits: 2 and 4 geese, respectively.

Coots and Common Moorhens

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25 coots and moorhens, singly or

in the aggregate.

[[Page 50989]]

General Conditions: Tribal and nontribal hunters must comply with

all basic Federal migratory bird hunting regulations in 50 CFR part 20,

regarding shooting hours and manner of taking. In addition, each

waterfowl hunter 16 years of age or over must carry on his/her person a

valid Migratory Bird Hunting and Conservation Stamp (duck stamp) signed

in ink across the stamp face. Special regulations established by the

Navajo Nation also apply on the reservation.

* * * * *

(h) Point No Point Treaty Tribes, Kingston, Washington (Tribal

Members and Non-tribal Hunters)

Tribal Members Only

Ducks

Season Dates: Open September 15, 1997, close January 15, 1998.

Daily Bag and Possession Limits: 7 ducks, including no more than 1

female mallard, 2 pintails, 1 canvasback and 2 redheads. The season on

wood ducks and harlequin ducks is closed. Possession limit is twice the

daily bag limit.

Geese

Season Dates: Open September 15, 1997, close January 15, 1998.

Daily Bag and Possession Limits: 4 geese, and may include no more

than 3 light geese. The season on Aleutian and Cackling Canada geese is

closed. Possession limit is twice the daily bag limit.

Brant

Season Dates: Open September 15, close January 15, 1997.

Daily Bag and Possession Limits: 2 and 4 brant, respectively.

Coots

Season Dates: Open September 15, 1997, close January 15, 1998.

Daily Bag Limits: 25 coots.

Non-tribal Members

Mourning Doves

Season Dates: Open September 1, close September 30, 1997.

Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

Season Dates: Open September 1, close December 16, 1997.

Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Ducks (including Mergansers)

Season Dates: Begin October 4, 1997, end January 18, 1998.

Daily Bag and Possession Limits: 7 ducks, including no more than 2

female mallards, 3 pintails, 1 canvasback and 2 redheads. The season is

closed on wood ducks and harlequin ducks. The possession limit is twice

the daily bag limit.

Geese

Season Dates: Begin October 4, 1997, end January 11, 1998.

Daily Bag and Possession Limits: 4 geese, including not more than 3

light geese. The season is closed on Aleutian Canada geese and cackling

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

Brant

Season Dates: Begin January 3, end January 18, 1998.

Daily Bag and Possession Limits: 2 and 4 brant, respectively.

* * * * *

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

Marysville, Washington (Tribal Members and Non-tribal Hunters)

Tribal Members

Ducks/Coot

Season Dates: Open September 15, 1997, and close February 1, 1998.

Daily Bag and Possession Limits: 6 and 12 ducks, respectively;

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, 1997, and close February 1, 1998.

Daily Bag and Possession Limits: 6 and 12 geese, respectively;

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 15, 1997, and close February 1, 1998.

Daily Bag and Possession Limits: 6 and 12 snipe, respectively.

Non-tribal Hunters

Ducks

Season Dates: Begin October 4, 1997, end January 18, 1998.

Daily Bag and Possession Limits: 7 ducks, including no more than 2

female mallards, 3 pintails, 1 canvasback and 2 redheads. The

possession limit is twice the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25 coots.

Geese

Season Dates: Begin October 11, 1997, end January 18, 1998.

Daily Bag and Possession Limits: 4 geese, including 4 dark geese

but no more than 3 light geese. The possession limit is twice the daily

bag limit.

Brant

Season Dates: Begin January 3, end January 18, 1998.

Daily Bag and Possession Limits: 2 and 4 brant, respectively.

Snipe

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 8 and 12 snipe, respectively.

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 possess 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.

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

Whiteriver, Arizona (Tribal Members and Nontribal Hunters)

Band-tailed Pigeons

Season Dates: Open September 1, close September 10, 1997.

Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.

Mourning Doves

Season Dates: Open September 1, close September 10, 1996.

Daily Bag and Possession Limits: 8 and 16 doves, respectively.

General Conditions: All non-tribal hunters hunting band-tailed

pigeons and mourning doves on Reservation lands must possess a valid

White

[[Page 50990]]

Mountain Apache Daily or Yearly Small Game Permit. In addition to a

small game permit, all non-tribal hunters hunting band-tailed pigeons

must possess 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.

Ducks (Including Mergansers)

Season Dates: Begin October 25, 1997, end January 18, 1998.

Daily Bag and Possession Limits: 4 ducks, including no more than 3

mallards (including no more than 1 female mallard), 2 redheads or 1

canvasback and 1 redhead, and 1 pintail. The possession limit is twice

the daily bag limit.

Coots, Moorhens and Gallinules

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25 coots, moorhens, and

gallinules, singly or in the aggregate. The possession limit is twice

the daily bag limit.

Canada Geese

Season Dates: Same as ducks.

Bag and Possession Limits: 2 and 4 geese, respectively.

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 White River, extending from the Canyon

Day Stockman Station to the Salt River; and all stock ponds located

within Wildlife Management Units 4, 6 and 7. Tanks located below the

Mongollon Rim, within Wildlife Management Units 2 and 3 will be open to

waterfowl hunting. The remaining reservation waters are closed to

waterfowl hunting during the 1997-98 hunting season.

(2) Tribal and nontribal hunters must 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.

(m) Confederated Salish and Kootenai Tribes, Flathead Indian

Reservation, Pablo, Montana (Nontribal Hunters)

Ducks (including mergansers)

Season Dates: Begin October 4, 1997, end January 18, 1998.

Daily Bag and Possession Limits: 7 ducks, including no more than 2

female mallards, 3 pintails, 1 canvasback and 2 redheads. The

possession limit is twice the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: The daily bag and possession limit

is 25.

Geese

Dark Geese

Season Dates: Begin October 4, 1997, end January 11, 1998.

Daily Bag and Possession Limits: 4 and 8 geese, respectively.

Light Geese

Season Dates: Begin October 4, 1997, end January 11, 1998.

Daily Bag and Possession Limits: 3 and 6 geese, respectively.

General Conditions: Nontribal hunters must comply with all basic

Federal migratory bird hunting regulations contained in 50 CFR part 20

regarding manner of taking. In addition, shooting hours are sunrise to

sunset and each waterfowl hunter 16 years of age or older must carry on

his/her person a valid Migratory Bird Hunting and Conservation Stamp

(Duck Stamp) signed in ink across the stamp face. Special regulations

established by the Confederated Salish and Kootenai Tribes also apply

on the reservation.

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

Thompson, South Dakota (Tribal Members and Nontribal Hunters)

Ducks

Season Dates: Begin October 4, 1997, end January 8, 1998.

Daily Bag and Possession Limits: 6 ducks, including no more than 5

mallards (including no more than 2 female mallards), 1 mottled duck, 1

canvasback, 2 redheads, 3 pintails, and 2 wood ducks. The possession

limit is twice the daily bag limit.

Mergansers

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 5 mergansers, including no more

than 1 hooded merganser. The possession limit is twice the daily bag

limit.

Dark Geese

Canada, Brant and White-fronted Geese

Season Dates: Begin October 4, 1997, end January 4, 1998.

Daily Bag and Possession Limits: 2 dark geese, including no more

than 1 white-fronted goose (or brant). The possession limit is twice

the daily bag limit.

Light Geese

Season Dates: Begin October 5, 1997, close January 5, 1998, then

open February 25, close March 10, 1998.

Daily Bag and Possession Limits: 10 and 40 geese, respectively.

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

must comply with basic Federal migratory bird hunting regulations in 50

CFR part 20 regarding shooting hours and manner of taking. In addition,

each waterfowl hunter 16 years of age or over must carry on his/her

person a valid Migratory Bird Hunting and Conservation Stamp (Duck

Stamp) signed in ink across the stamp face. Special regulations

established by the Crow Creek Sioux Tribe also apply on the

reservation.

(o) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,

New Mexico (Tribal Members and Nontribal Hunters)

Ducks (including mergansers)

Season Dates: Begin October 4, end November 30, 1997.

Daily Bag and Possession Limits: The daily bag limit is 7,

including no more than 2 female mallards, 3 pintails, 2 redheads, and 1

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

Geese

Season Dates: Begin October 4, 1997, end January 11, 1998.

Daily Bag and Possession Limits: 4 geese, including 4 dark geese

but no more than 3 light geese. The possession limit is twice the daily

bag limit. The 1997-98 Canada goose season is closed.

General Conditions: Tribal and nontribal hunters must comply with

all basic Federal migratory bird hunting regulations in 50 CFR part 20

regarding shooting hours and manner of taking. In addition, each

waterfowl hunter 16 years of age or older must carry on his/her person

a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)

signed in ink across the stamp

[[Page 50991]]

face. Special regulations established by the Jicarilla Tribe also apply

on the reservation.

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

Ducks

Season Dates: Begin October 1, 1997, end January 31, 1998.

Daily Bag and Possession Limits: 9 and 16 ducks, respectively.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25 coots.

Geese

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 6 and 12 geese, respectively.

General: The Klamath Tribe provides 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.

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

South Dakota (Tribal Members and Nontribal Hunters)

Ducks (including mergansers)

Season Dates: Begin October 4, 1997, end January 8, 1997.

Daily Bag and Possession Limits: 6 ducks, including no more than 5

mallards (only 1 of which may be a hen), 2 pintails, 1 mottled duck, 2

redheads, 1 canvasback, 2 wood ducks, and 1 hooded merganser. The

possession limit is twice the daily bag limit.

Geese

Dark Geese

Season Dates: Begin October 18, 1997, end January 11, 1997.

Daily Bag and Possession Limits: 3 geese, including no more than 1

white-fronted goose. The possession limit is twice the daily bag limit.

White Geese

Season Dates: Begin October 18, 1997, end January 11, 1998, open

February 18, end March 10, 1998.

Daily Bag and Possession Limits: 10 and 20 geese, respectively.

General Conditions: All hunters must comply with the basic Federal

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

of steel shot. Nontribal hunters must possess 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.

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

Hall, Idaho (Nontribal Hunters)

Ducks (including Mergansers)

Season Dates: Begin October 4, 1997, end January 17, 1998.

Daily Bag and Possession Limits: 7 ducks, including no more than 2

female mallards, 3 pintails, 1 canvasback and 2 redheads. The

possession limit is twice the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 10 and 20 coots, respectively.

Geese

Season Dates: Begin October 4, 1997, end January 11, 1998.

Daily Bag and Possession Limits: 4 geese, including not more than 3

light geese and 2 white-fronted geese. The possession limit is twice

the daily bag limit.

Common Snipe

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

General Conditions: Nontribal hunters must comply with all basic

Federal migratory bird hunting regulations in 50 CFR part 20 regarding

shooting hours and manner of taking. In addition, each waterfowl hunter

16 years of age or older must possess a valid Migratory Bird Hunting

and Conservation Stamp (Duck Stamp) signed in ink across the stamp

face. Other regulations established by the Shoshone-Bannock Tribes also

apply on the reservation.

(s) Swinomish Indian Tribal Community, LaConner, Washington (Tribal

Members Only)

Ducks (including mergansers)

Season Dates: Begin October 4, 1997, end February 18, 1998.

Daily Bag and Possession Limits: 10 ducks, including no more than 2

female mallards, 3 pintails, 1 canvasback and 2 redheads. The

possession limit is twice the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 28 coots.

Geese

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 7 geese, including 7 dark geese

but no more than 6 light geese. The possession limit is twice the daily

bag limit.

Brant

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 5 and 10 brant, respectively.

General Conditions: The Swinomish Tribal Community has established

additional special regulations for on-reservation hunting. Tribal

hunters should consult the tribal office for additional information.

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

Nontribal Hunters)

Ducks (including Mergansers)

Season Dates: Begin October 18, end December 30, 1997.

Daily Bag and Possession Limits: 6 ducks, including no more than 5

mallards (no more 2 female mallards), 2 redheads, 3 pintails, 1 hooded

merganser, 1 canvasback, and 2 wood ducks. The possession limit is

twice the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 15 and 30 coots, respectively.

Dark Geese

Season Dates: Begin November 1, 1997, end January 31, 1998.

Daily Bag and Possession Limits: 2 geese, including no more than 1

white-fronted goose (or brant). The possession limit is twice the daily

bag limit.

White Geese

Season Dates: Begin November 1, 1997, end January 25, 1998, then

open February 18, close March 10, 1998.

Daily Bag and Possession Limits: 10 and 40 geese, respectively.

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 must comply with all basic Federal

migratory bird hunting regulations in 50 CFR part 20 regarding shooting

hours and manner of taking. In addition, each waterfowl hunter 16 years

of age or older must carry on his/her person a valid Migratory Bird

Hunting and Conservation Stamp (Duck Stamp) signed in ink across the

stamp face. Special regulations established by the

[[Page 50992]]

Yankton Sioux Tribe also apply on the reservation.

Dated: September 22, 1997.

Donald J. Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-25743 Filed 9-26-97; 8:45 am]

BILLING CODE 4310-55-F