Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1998-99 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 responds to tribal

requests for U.S. Fish and Wildlife Service (hereinafter Service)

recognition of their authority to regulate hunting under established

guidelines. This rule allows the establishment of season bag limits

and, thus, harvest at levels compatible with populations and habitat

conditions.

DATES: This rule takes effect on September 1, 1998.

ADDRESSES: The public may inspect comments received, if any, on the

proposed special hunting regulations and tribal proposals 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, ms 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 14, 1998, Federal Register (63 FR 43854), the Service

proposed special migratory bird hunting regulations for the 1998-99

hunting season for certain Indian tribes, under the guidelines

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

guidelines respond to tribal requests for Service recognition of their

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

authority to regulate hunting by both tribal members and nonmembers on

their reservations. The guidelines include possibilities for:

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

with hunting by non-tribal members on some reservations to take place

within Federal frameworks but on dates different from those selected by

the surrounding State(s);

(2) On-reservation hunting by tribal members only, outside of usual

Federal frameworks for season dates and length, and for daily bag and

possession limits; and

(3) Off-reservation hunting by tribal members on ceded lands,

outside of usual framework dates and season length, with some added

flexibility in daily bag and possession limits.

In all cases, the regulations established under the guidelines must

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

the 1916 Migratory Bird Treaty with Canada.

In the March 20, 1998, Federal Register (63 FR 13748), the Service

requested that tribes desiring special hunting regulations in the 1998-

99 hunting season submit a proposal including details on:

(a) Harvest anticipated under the requested regulations;

(b) Methods that will be employed to measure or monitor harvest

(such as bag checks, mail questionnaires, etc.);

(c) Steps that will be taken to limit level of harvest, where it

could be shown that failure to limit such harvest would adversely

impact the migratory bird resource; and

(d) Tribal capabilities to establish and enforce migratory bird

hunting regulations.

No action is required if a tribe wishes to observe the hunting

regulations established by the State(s) in which an Indian reservation

is located. 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

early-season proposals. Late-season hunting will be addressed in late-

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

year and have a primary emphasis on such species as mourning and white-

winged dove. Late seasons begin about October 1 or later each year and

have a primary emphasis on waterfowl.

Status of Populations

In the July 19, 1998, Federal Register (63 FR 38700), the Service

reviewed the status for various populations for which early seasons

were proposed. This information included brief summaries of the May

Breeding Waterfowl and Habitat Survey and population status reports for

blue-wing teal, Canada goose populations hunted in September seasons,

sea ducks, sandhill cranes, woodcock, mourning doves, white-winged

doves, white-tipped doves, and band-tailed pigeons.

At an August 6 public hearing on proposed late seasons, the Service

presented a report on the status of waterfowl. This report is briefly

summarized here.

Most goose and swan populations in North America remain numerically

sound and the size of most fall flights will be similar to those of

last year. Nine of the 28 populations of geese and swans we report on

appear to have decreased since last year, 7 appear to have increased, 7

appear to have changed little, and no comparisons were possible for the

remaining 5. Spring estimates of several Canada goose populations that

nest near Hudson Bay declined this year; the declines may be at least

partly an artifact of survey timing. Forecasts for production of young

in 1998 varied regionally based largely on spring weather and habitat

conditions. Generally, spring phenology was earlier than normal in

northern Quebec and the Hudson Bay Lowlands, and this should lead to

greater-than-average rate of production for geese nesting there. In the

central and western Arctic, and along the west coast of Alaska, mostly

average production is expected from nesting geese and swans. In the

interior of Alaska, a mild spring with only minimal flooding should

lead to better-than-average production. Habitat conditions for nesting

geese deteriorated in much of south-central Canada since last spring,

but they remained mostly favorable in eastern Canada and much of the

contiguous U.S.

The 1998 estimate of total ducks in the traditional survey area was

39.1 million birds, an 8% decrease (P

0.04) their respective long-term averages, but northern pintail and 2

scaup species (combined) remained below their averages (P < 0.01). The

number of ponds in May (4.6 million) was 38% lower (P < 0.01) than last

year, and 6% lower (P = 0.06) than the long-term average. In eastern

areas of Canada and the U.S., the number of total ducks was similar (P

= 0.74) to that of last year and to the 1995-97 average (P = 0.85).

Habitats in the eastern area were somewhat drier than last year, but

conditions remained favorable for waterfowl production. The preliminary

estimate of the total-duck fall-flight index is 84 million birds,

compared to 92 million last year. The fall flight is predicted to

include 11.7 million mallards, 18% lower (P < 0.01) than the estimate

of 14.4 million in 1997.

As a result of this status, the Service has responded by proposing

Flyway frameworks that are the same as those of last season for the

1998-99 waterfowl hunting season (August 25, 1998, Federal Register, 63

FR 43350). The tribal seasons established below are commensurate with

the population status.

Comments and Issues Concerning Tribal Proposals

For the 1998-99 migratory bird hunting season, the Service proposed

regulations for 19 tribes and/or Indian groups that followed the 1985

guidelines and were considered appropriate for final rulemaking. Some

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

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

season proposals are included in this final rulemaking; 12 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 14, 1998, closed on August 24,

1998. Because of the necessary brief comment period, the Service will

respond to any comments received on the proposed rule and/or these

early-season regulations not responded to herein in the September late-

season final rule.

The Service received two comments regarding the notice of intent

published on March 20, 1998, which announced rulemaking on regulations

for migratory bird hunting by American Indian tribal members.

The South Dakota Department of Game, Fish, and Parks (South Dakota)

commented on the proposal by the Lower Brule Sioux Tribes. South Dakota

questioned whether a tundra swan permit would be required or whether

all licensed waterfowl hunters would be allowed to take a swan during

the Tribes' proposed tundra swan season. They further questioned

whether hunters would be queried after the season to determine the

harvest, age ratio, date and location of kill, and unretrieved kill.

South Dakota also believed that any special youth season on tribal land

should conform to the same framework allowed for the State's youth

hunting season.

The Wisconsin Department of Natural Resources (Wisconsin) commented

on the Great Lakes Indian Fish and Wildlife Commission's (GLIFWC)

proposal. Wisconsin suggested monitoring the impact of the daily bag

limit on giant Canada goose restoration efforts and that the Service

and GLIFWC initiate and complete studies to show that current GLIFWC

duck regulations have no negative impact on local populations before

expanding hunting opportunities during time periods when local birds

are most vulnerable. Wisconsin also requested that tribal members honor

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

duck season and comply with the State's open water hunting

restrictions.

Service Response: Regarding South Dakota's comments on the Lower

Brule Sioux Tribe's proposals, Federal frameworks for tundra swan

hunting in South Dakota do not allow tundra swan seasons west of the

Missouri River because of concerns for the potential harvest of

trumpeter swans. Thus, the Service did not approve the Tribe's

requested tundra swan season. Additionally, final Federal early-season

frameworks published in the August 28, 1998, Federal Register, provided

for a 1-day special youth waterfowl hunt. Any special youth waterfowl

hunt for non-tribal members should conform to the final Federal

frameworks.

Regarding Wisconsin's comments, the Service can find no evidence

that the tribes' harvest of giant Canada geese has negatively impacted

giant Canada goose populations in Wisconsin. In fact, as the GLIFWC

point out in their July 14, 1998, response, tribal harvest has never

exceeded 365 geese since off-reservation hunting resumed in 1985 and

has averaged less than 200 birds annually. Additionally, tribal goose

harvest per trip has averaged 0.2 geese per trip since 1990 when daily

bag limits were significantly less than the currently allowed 10 geese

per day. While the Service believes that the current population status

of giant Canada geese can easily support the tribes' limited harvest,

it is incumbent upon the GLIFWC to continue to closely monitor both

duck and goose harvest to ensure that local and/or regional breeding

populations are not negatively impacted by harvest. Furthermore, as in

the past, the Service again 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.

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). Copies of these documents are available

from the Service at the address indicated under the caption ADDRESSES.

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, consultations were

conducted to ensure that actions resulting from these regulations would

not likely jeopardize the continued existence of endangered or

threatened

[[Page 46560]]

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.

Regulatory Flexibility Act

In the March 20, 1998, Federal Register, the Service reported

measures it took to comply with requirements of the Regulatory

Flexibility Act. One measure was to update the 1996 Small Entity

Flexibility Analysis (Analysis) documenting the significant beneficial

economic effect on a substantial number of small entities. The 1996

Analysis estimated that migratory bird hunters would spend between $254

and $592 million at small businesses. The Service has updated the 1996

Analysis with information from the 1996 National Hunting and Fishing

Survey. Nationwide, the Service now estimates that migratory bird

hunters will spend between $429 and $1,084 million at small businesses

in 1998. Copies of the 1998 Analysis are available upon request from

the Office of Migratory Bird Management.

Executive Order (E.O.) 12866

Collectively, the rules covering the overall frameworks for

migratory bird hunting are economically significant and have been

reviewed by the Office of Management and Budget (OMB) under E.O. 12866.

This rule is a small portion of the overall migratory bird hunting

frameworks and was not individually submitted and reviewed by 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, it qualifies for an exemption under 5

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

shall take effect immediately.

Paperwork Reduction Act

The Service examined these regulations under the Paperwork

Reduction Act of 1995. The various recordkeeping and reporting

requirements imposed under hunting regulations established in 50 CFR

part 20, subpart K, are utilized in the formulation of migratory game

bird hunting regulations. Specifically, the information collection

requirements of the Migratory Bird Harvest Information Program have

been approved by OMB and assigned clearance number 1018-0015 (expires

08/31/1998). The renewal clearance packet was submitted to OMB July 22,

1998. This information is used to provide a sampling frame for

voluntary national surveys to improve Service harvest estimates for all

migratory game birds in order to better manage these populations. The

information collection requirements of the Sandhill Crane Harvest

Questionnaire have been approved by OMB and assigned clearance number

1018-0023 (expires 09/30/2000). The information from this survey is

used to estimate the magnitude, the geographical and temporal

distribution of harvest, and the portion its constitutes of the total

population. The Service may not conduct or sponsor, and a person is not

required to respond to a collection of information unless it displays a

currently valid OMB control number.

Unfunded Mandates Reform Act

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 proposed 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 proposed rule, has determined

that these regulations meet the applicable standards provided in

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

Takings Implication Assessment

In accordance with Executive Order 12630, these rules, authorized

by the Migratory Bird Treaty Act, do not have significant takings

implications and do not affect any constitutionally protected property

rights. These rules will not result in the physical occupancy of

property, the physical invasion of property, or the regulatory taking

of any property. In fact, these rules allow hunters to exercise

privileges that would be otherwise unavailable; and, therefore, reduce

restrictions on the use of private and public property.

Federalism Effects

Due to the migratory nature of certain species of birds, the

Federal government has been given responsibility over these species by

the Migratory Bird Treaty Act. The Service annually prescribes

frameworks from which the States make selections and employ guidelines

to establish special regulations on Federal Indian reservations and

ceded lands. This process preserves the ability of the States and

Tribes to determine which seasons meet their individual needs. Any

State or Tribe may be more restrictive than the Federal frameworks at

any time. The frameworks are developed in a cooperative process with

the States and the Flyway Councils. This allows States to participate

in the development of frameworks from which they will make selections,

thereby having an influence on their own regulation. These rules do not

have a substantial direct effect on fiscal capacity, change the roles

or responsibilities of Federal or State governments, or intrude on

State policy or administration. Therefore, in accordance with Executive

Order 12612, these regulations do not have significant federalism

effects and do not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

Due to the migratory nature of certain species of birds, the

Federal government has been given responsibility over these species by

the Migratory Bird Treaty Act. Thus, in accordance with the President's

memorandum of April 29, 1994, ``Government-to-Government Relations with

Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we

have evaluated possible effects on Federally recognized Indian tribes

and have determined that there are no effects on Indian trust

resources. However, by virtue of the tribal proposals received in

response to the March 20 request for proposals and the August 14

proposed rule, we have consulted with all the tribes affected by this

rule.

Regulations Promulgation

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

nature, operate under severe time constraints. However, 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

[[Page 46561]]

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 regulations will, therefore, take effect immediately upon

publication.

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:

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

(Note: The following hunting regulations provided for by 50 CFR

20.110 will not appear in the Code of Federal Regulations because of

their seasonal nature).

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

Non-tribal Hunters)

Doves

Season Dates: Open September 1, close September 15, 1998; then open

November 21, close January 4, 1999.

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

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

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

doves. Possession limits are twice the daily bag limits.

General Conditions: A valid Colorado River Indian Reservation

hunting permit is required 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) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort

Thompson, South Dakota (Tribal Members and Non-tribal Hunters)

Sandhill Cranes

Season Dates: Open September 19, close October 25, 1998.

Daily Bag Limit: 3 sandhill cranes.

Permits: Each person participating in the sandhill crane season

must have a valid Federal sandhill crane hunting permit in their

possession while hunting.

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 non-tribal hunters

must comply with basic Federal migratory bird hunting regulations in 50

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

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

person a valid Migratory Bird Hunting and Conservation Stamp (Duck

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

established by the Crow Creek Sioux Tribe also apply on the

reservation.

(c) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,

Minnesota (Tribal Members Only)

Ducks

Minnesota 1854 Zone

Season Dates: Open September 12, close November 29, 1998.

Daily Bag Limit: 20 ducks, including no more than 10 mallards (only

5 of which may be hens), 4 black ducks; 4 redheads, 4 pintails and 2

canvasbacks.

Mergansers

Minnesota 1854 Zone

Season Dates: Open September 12, close November 29, 1998.

Daily Bag Limit: 5 mergansers, including no more than 1 hooded

merganser.

Geese

Minnesota 1854 Zone

Season Dates: Open September 1, close November 29, 1998.

Daily Bag Limit: 10 geese.

Coots and Common Moorhens (Gallinule)

Minnesota 1854 Zone

Season Dates: Open September 12, close November 29, 1998.

Daily Bag Limit: 20 coots and common moorhens, singly or in the

aggregate.

Sora and Virginia Rails

Minnesota 1854 Zone:

Season Dates: Open September 1, close November 29, 1998.

Daily Bag Limit: 25 sora and Virginia rails, singly or in the

aggregate. The possession limit is 25.

Common Snipe

Minnesota 1854 Zone

Season Dates: Open September 1, close November 29, 1998.

Daily Bag Limit: 8 snipe.

Woodcock

Minnesota 1854 Zone

Season Dates: Open September 12, close November 29, 1998.

Daily Bag Limit: 5 woodcock.

General Conditions

1. While hunting waterfowl, a tribal member must carry on his/her

person a valid tribal waterfowl hunting permit.

2. Except as otherwise noted, tribal members will be required to

comply with tribal codes that will be no less restrictive than the

provisions of Chapter 10 of the Model Off-Reservation Code. Except as

modified by the Service rules adopted in response to this proposal,

these amended regulations parallel Federal requirements in 50 CFR part

20 as to hunting methods, transportation, sale, exportation and other

conditions generally applicable to migratory bird hunting.

3. Band members in each zone will comply with State regulations

providing for closed and restricted waterfowl hunting areas.

4. Possession limits for each species are double the daily bag

limit, except on the opening day of the season, when the possession

limit equals the daily bag limit, unless otherwise noted above.

Possession limits are applicable only to transportation and do not

include birds which are cleaned, dressed, and at a member's primary

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

migratory birds in

[[Page 46562]]

the possession or custody of band members on ceded lands will be

considered to have been taken on those lands unless tagged by a tribal

or State conservation warden as having been taken on-reservation. All

migratory birds which fall on reservation lands will not count as part

of any off-reservation bag or possession limit.

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

Michigan (Tribal Members Only)

Ducks

Michigan, 1836 Treaty Zone

Season Dates: Open September 20, 1998, close January 20, 1999.

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

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

2 redheads, and 5 mallards (only 2 of which may be hens).

Canada Geese

Michigan, 1836 Treaty Zone

Season Dates: Open September 1, close November 30, 1998, and open

January 1, 1999, close February 8, 1999.

Daily Bag Limit: 5 geese.

Sora Rails

Michigan 1836 Treaty Zone

Season Dates: Open September 1, close November 14, 1998.

Daily Bag Limit: 5 rails.

Common Snipe

Michigan 1836 Treaty Zone

Season Dates: Open September 1, close November 14, 1998.

Daily Bag Limit: 5 snipe.

Woodcock

Michigan 1836 Treaty Zone

Season Dates: Open September 1, close November 14, 1998.

Daily Bag Limit: 5 woodcock.

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.

(e) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin

(Tribal Members Only)

Ducks

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 20 ducks, including no more than 10 mallards (only

5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2

canvasbacks.

B. Michigan 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 10 ducks, including no more than 5 mallards (only

2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1

canvasback.

Mergansers

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 5 mergansers.

B. Michigan 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 5 mergansers, including no more than 1 hooded

merganser.

Geese: Canada Geese

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or

white-fronted geese taken.

B. Michigan, 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1997. In

addition, the same dates and season length permitted the State of

Michigan during the Special September Canada goose Season.

Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or

white-fronted geese taken. In addition, the same bag limit permitted

the State of Michigan during the Special September Canada goose Season.

Geese: Blue, Snow and White-fronted Geese

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 10 geese, minus the number of Canada geese taken.

B. Michigan 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 10 geese, minus the number of Canada geese taken.

Other Migratory Birds: All Ceded Areas

A. Coots and Common Moorhens (Common Gallinules)

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 20 coots and common moorhens (common gallinules),

singly or in the aggregate.

B. Sora and Virginia Rails

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 25 sora and Virginia rails singly, or in the

aggregate.

C. Common Snipe

Season Dates: Begin September 15 and end December 1, 1998.

Daily Bag Limit: 8 common snipe.

D. Woodcock

Season Dates: Begin September 8 and end December 1, 1998.

Daily Bag Limit: 5 woodcock.

General Conditions

1. While hunting waterfowl, a tribal member must carry on his/her

person a valid tribal waterfowl hunting permit.

2. Except as otherwise noted, tribal members will be required to

comply with tribal codes that will be no less restrictive than the

provisions of Chapter 10 of the Model Off-Reservation Code. Except as

modified by the Service rules adopted in response to this proposal,

these amended regulations parallel Federal requirements in 50 CFR Part

20 as to hunting methods, transportation, sale, exportation and other

conditions generally applicable to migratory bird hunting.

3. Tribal members in each zone will comply with State regulations

providing for closed and restricted waterfowl hunting areas.

4. Possession limits for each species are double the daily bag

limit, except on the opening day of the season, when the possession

limit equals the daily bag limit, unless otherwise noted above.

Possession limits are applicable only to transportation and do not

include birds which are cleaned, dressed, and at a member's primary

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

migratory birds in the possession 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 laws. All migratory birds which fall on reservation lands will

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

[[Page 46563]]

5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members

hunting in Michigan and Minnesota will comply with tribal codes that

contain provisions that parallel applicable State laws concerning duck

blinds and/or decoys.

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

Members Only)

Ducks

Season Dates: Open September 15, 1998, close January 31, 1999.

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

pintail, 2 hen mallards, and 1 canvasback.

Geese

Season Dates: Open September 1, 1998, close January 31, 1999.

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.

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

Nonmembers).

Band-tailed Pigeons

Season Dates: Open September 1, close September 30, 1998.

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

Mourning Doves

Season Dates: Open September 1, close September 30, 1998.

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

General Conditions: Tribal and non-tribal 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) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal

Members)

Ducks

Season Dates: Open September 19, close November 25, 1998.

Daily Bag and Possession Limits: 6 ducks, including no more than 4

mallards (only 1 of which may be a hen), 5 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 20, open November

30, close December 31, 1998.

Daily Bag and Limits: 3 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.

Woodcock

Season Dates: Open September 1, close November 15, 1998.

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

General Conditions: Tribal members and non-tribal members 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 part 20. Tribal 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.

(i) Point No Point Treaty Tribes, Kingston, Washington (Tribal Hunters)

Ducks

Season Dates: Open September 15, 1998, close January 15, 1999.

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

hen mallards, 3 pintails, 1 canvasback and 2 redheads. The season on

harlequin ducks is closed. Possession limit is twice the daily bag

limit.

Geese

Season Dates: Open September 15, 1998, close January 15, 1999.

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

than 2 brant or 3 light geese. The season on Aleutian and Cackling

Canada geese is closed. Possession limit is twice the daily bag limit.

Coots

Season Dates: Open September 15, 1998, close January 15, 1999.

Daily Bag Limits: 25 coots.

Mourning Doves

Season Dates: Open September 1, close September 30, 1998.

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

Snipe

Season Dates: Open September 1, close January 15, 1999.

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

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

Washington (Tribal Members)

Ducks

Season Dates: Open September 15, 1998, close January 15, 1999.

Daily Bag and Possession Limits: 5 ducks, 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, 1998, close January 15, 1999.

Daily Bag and Possession Limits: 4 geese, and may 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, 1998.

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

Coots

Season Dates: Open September 15, 1998, close January 15, 1999.

Daily Bag Limits: 25 coots.

Snipe

Season Dates: Open September 15, 1998, and close January 15, 1999.

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

Band-tailed Pigeons

Season Dates: Open September 15, close December 1, 1998.

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

General Conditions: All tribal hunters must obtain a Tribal Hunting

Tag and Permit from the tribe's Natural Resources Department and must

have the permit, along with the member's treaty enrollment card, on his

or her person while hunting. Shooting hours are one-half hour before

sunrise to one-half hour after sunset and steel shot is required for

all migratory bird hunting. Other special regulations are available at

the tribal office in Shelton, Washington.

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

Marysville, Washington (Tribal Members)

Ducks/Coot

Season Dates: Open September 15, 1998, and close February 1, 1999.

[[Page 46564]]

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, 1998, and close February 1, 1999.

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.

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.

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

Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)

Band-tailed Pigeons

Season Dates: Open September 1, close September 10, 1998.

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

Mourning Doves

Season Dates: Open September 1, close September 10, 1998.

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 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 non-tribal 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 26, 1998.

Donald Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 98-23563 Filed 8-28-98; 9:31 am]

BILLING CODE 4310-55-P