Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1998-99 Late Season

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.

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

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 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

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

rulemaking published in the Federal Register on September 1, 1998 (63

FR 46558). 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.

Tribal Proposals and Public 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 late-season

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

The Service received three 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 and the

August 14, 1998 proposed rule. Comments from the South Dakota

Department of Game, Fish, and Parks on the Lower Brule Sioux Tribes'

proposal and the Wisconsin Department of Natural Resources on the Great

Lakes Indian Fish and Wildlife Commission's proposal were addressed in

the September 1, 1998 final rule for early seasons.

The Arizona Game and Fish Department (Arizona) commented on the

proposal from the Colorado River Indian Tribes. Arizona pointed out

that Federal frameworks for Arizona and California call for a dark

goose daily bag and possession limit of 2 and 4, respectively, a white

goose daily bag and possession limit of 3 and 6, respectively and a

coot daily bag and possession limit of 25 birds.

Service Response: After consultation with the Colorado River Indian

Tribes, the Service has corrected the daily bag and possession limits

in this final rule to agree with Federal frameworks for the Pacific

Flyway. The Tribes' proposal was inadvertent and not an intentional

change from Pacific Flyway frameworks.

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

[[Page 52349]]

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 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

09/30/2001). 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 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 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

[[Page 52350]]

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 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, the Service amends part 20, subchapter B, chapter I of

Title 50 of the Code of Federal Regulations 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. Amend Sec. 20.110 by revising paragraphs (a), (b), (d), (f),

(g), (k) and (l); and by adding paragraphs (m), (n), (o), (p), (q),

(r), and (s) 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.

Ducks (Including Mergansers)

Season Dates: Begin October 3, 1998, close January 17, 1999.

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

pintail, 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.

Geese

Season Dates: Begin November 21, 1998, end January 17, 1999.

Daily Bag and Possession Limits: 4 geese, including no more than 2

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

possession limit is 8.

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)

Ducks

Season Dates: Begin October 17, end December 29, 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, 1 pintail, 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.

Canada Geese

Season Dates: Begin October 10, 1998, end January 10, 1999.

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

White-fronted Geese

Season Dates: Begin October 10, 1998, end January 3, 1999.

Daily Bag and Possession Limits: 1 and 2, respectively.

Light Geese

Season Dates: Begin October 10, 1998, close January 2, 1999, then

open February 17, close March 10, 1999.

Daily Bag and Possession Limits: 20 geese daily, no possession

limit.

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

[[Page 52351]]

Crow Creek Sioux Tribe also apply on the reservation.

* * * * *

(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.

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

Michigan, 1836 Treaty Zone:

Season Dates: Begin October 1, end November 30, 1998.

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.

* * * * *

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

Members and Non-tribal Hunters)

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.

Non-tribal Hunters

Ducks

Season Dates: Open October 3, 1998, close January 17, 1999. 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. Non-tribal hunters should contact the tribe for more detail

on hunting days.

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

pintail, 2 hen mallards, 2 redheads, and 1 canvasback.

Geese

Season Dates: Begin October 3, 1998, close January 10, 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: 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.

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

and Non-tribal Hunters)

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.

Ducks (Including Mergansers)

Season Dates: Begin October 3, 1998, close January 17, 1999.

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

female mallards, 1 pintail, 1 canvasback and 2 redheads. The possession

limit is twice the daily bag limit.

Dark Geese

Season Dates: Begin October 3, 1998, end January 10, 1999.

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.

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.

* * * * *

(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, 1998, and close February 1, 1999.

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.

Non-tribal Hunters

Ducks

Season Dates: Begin October 3, 1998, end January 17, 1999.

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

female mallards, 1 pintail, 1 canvasback and 2 redheads. The possession

limit is twice the daily bag limit.

[[Page 52352]]

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25 coots.

Geese

Season Dates: Begin October 10, 1998, end January 17, 1999.

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 2, end January 17, 1999.

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

Snipe

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 8 and 16 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 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.

Ducks (Including Mergansers)

Season Dates: Begin October 24, 1998, end January 17, 1999.

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: 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. In addition:

(1) The area open to waterfowl 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 1998-99 hunting season.

(2) Tribal and non-tribal 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 (Non-tribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 3, 1998, end January 17, 1999.

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

female mallards, 1 pintail, 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 3, 1998, end January 10, 1999.

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

Light Geese

Season Dates: Begin October 3, 1998, end January 10, 1999.

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

General Conditions: Non-tribal 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) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,

New Mexico (Tribal Members and Non-tribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 3, end November 30, 1998.

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

including no more than 2 female mallards, 1 pintail, 2 redheads, and 1

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

Geese

Season Dates: Begin October 3, 1998, end January 10, 1999.

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

light geese and 1 Canada goose. The possession limit is twice the daily

bag limit.

General Conditions: Tribal and non-tribal 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 Jicarilla Tribe also apply on the reservation.

[[Page 52353]]

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

Ducks

Season Dates: Begin October 1, 1998, end January 31, 1999.

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.

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

South Dakota (Tribal Members and Non-tribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 3, 1998, end January 7, 1999.

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

mallards (only 1 of which may be a hen), 1 pintail, 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 17, 1998, end January 10, 1999.

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

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

Light Geese

Season Dates: Begin October 17, 1998, end January 10, 1999.

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. Non-tribal 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.

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

Hall, Idaho (Non-tribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 3, 1998, end January 17, 1999.

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

female mallards, 1 pintail, 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 3, 1998, end January 10, 1999.

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: Non-tribal 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.

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

Members Only)

Ducks (Including Mergansers)

Season Dates: Begin October 3, 1998, end February 17, 1999.

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

female mallards, 1 pintail, 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.

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

Non-tribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 17, end December 29, 1998.

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

mallards (no more than 2 female mallards), 2 redheads, 1 pintail, 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 October 31, 1998, end January 31, 1999.

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.

Light Geese

Season Dates: Begin October 31, 1998, end January 24, 1999.

Daily Bag and Possession Limits: 20 geese, no possession limit.

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 non-tribal 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 Yankton Sioux

Tribe also apply on the reservation.

Dated: September 21, 1998.

Stephen C. Saunders,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 98-25989 Filed 9-29-98; 8:45 am]

BILLING CODE 4310-55-P