Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1999-2000 Early Season

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AF24

Migratory Bird Hunting; Migratory Bird Hunting Regulations on

Certain Federal Indian Reservations and Ceded Lands for the 1999-2000

Early Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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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 or we)

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, 1999.

ADDRESSES: You 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. You 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 13, 1999, Federal Register (64 FR 44384), we proposed

special migratory bird hunting regulations for the 1999-2000 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:

[[Page 47135]]

(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 May 3, 1999, Federal Register (64 FR 23742), we requested

that tribes desiring special hunting regulations in the 1999-2000

hunting season submit a proposal including details on:

(a) Harvest anticipated under the requested regulations;

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

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

(c) Steps that would 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. We have successfully used the guidelines since the 1985-86

hunting season. We 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 August 13 Federal Register, we 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. As a result of these status, we have

responded by proposing Flyway frameworks that are essentially the same

as those of last season for the 1999-2000 waterfowl hunting season

(August 27, 1999, Federal Register). The tribal seasons established

below are commensurate with the population status.

Comments and Issues Concerning Tribal Proposals

For the 1999-2000 migratory bird hunting season, we proposed

regulations for 22 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; 15 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 13, 1999, closed on August 23,

1999. Because of the necessary brief comment period, we 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.

We received two comments regarding the notice of intent published

on May 3, 1999, which announced rulemaking on regulations for migratory

bird hunting by American Indian tribal members. Both of these comments

were addressed in the August 13 proposed rule.

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 us 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 same address.

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, we conducted consultations

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. Our 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

These regulations have a significant economic impact on substantial

numbers of small entities under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). We analyzed the economic impacts of the annual

hunting regulations on small business entities in detail and issued a

Small Entity Flexibility Analysis (Analysis) in 1998. The Analysis

documented the significant beneficial economic effect on a substantial

number of small entities. The primary source of information about

hunter expenditures for migratory game bird hunting is the National

Hunting and Fishing Survey, which is conducted at 5-year intervals. The

Analysis was based on the 1996

[[Page 47136]]

National Hunting and Fishing Survey and the U.S. Department of

Commerce's County Business Patterns from which it was estimated that

migratory bird hunters would spend between $429 and $1,084 million at

small businesses in 1998. Copies of the Analysis are available upon

request.

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.

Small Business Regulatory Enforcement Fairness Act

This rule is a major rule under 5 U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act. For the reasons outlined above,

this rule has an annual effect on the economy of $100 million or more.

However, because this rule establishes hunting seasons, we do not plan

to defer the effective date under the exemption contained in 5 U.S.C.

808(1) and this rule will be effective immediately.

Paperwork Reduction Act

We examined these regulations under the Paperwork Reduction Act of

1995. We utilize the various recordkeeping and reporting requirements

imposed under regulations established in 50 CFR part 20, Subpart K, in

the formulation of migratory game bird hunting regulations.

Specifically, OMB has approved the information collection requirements

of the Migratory Bird Harvest Information Program and assigned

clearance number 1018-0015 (expires 9/30/2001). This information is

used to provide a sampling frame for voluntary national surveys to

improve our harvest estimates for all migratory game birds in order to

better manage these populations. OMB has also approved the information

collection requirements of the Sandhill Crane Harvest Questionnaire and

assigned clearance number 1018-0023 (expires 9/30/2000). The

information from this survey is used to estimate the magnitude, the

geographical and temporal distribution of harvest, and the portion it

constitutes of the total population. A Federal agency 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

We have determined and certify, 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 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. We annually prescribe 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 regulations. 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 May 3 request for proposals and the August 13 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, we intend that

the public be given the greatest possible opportunity to comment on the

regulations. Thus, when the preliminary proposed rulemaking was

published, we established what we believed were the longest periods

possible for public comment. In doing this, we 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.

We therefore find 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.

Therefore, 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.), we

prescribe 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.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

[[Page 47137]]

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, 1999; then open

November 19, 1999, close January 3, 2000.

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 18, close October 24, 1999.

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) All seasons in Minnesota, 1854 Treaty

Zone

Ducks and Mergansers

Season Dates: Open September 11, close November 23, 1999.

Daily Bag Limit for Ducks: 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.

Daily Bag Limit for Mergansers: 5 mergansers, including no more

than 1 hooded merganser.

Geese

Season Dates: Open September 1, close November 28, 1999.

Daily Bag Limit: 10 geese.

Coots and Common Moorhens (Gallinule)

Season Dates: Open September 11, close November 23, 1999.

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

aggregate.

Sora and Virginia Rails

Season Dates: Open September 1, close November 28, 1999.

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

aggregate. The possession limit is 25.

Common Snipe and Woodcock

Season Dates: Open September 1, close November 28, 1999.

Daily Bag Limit: 8 snipe and 3 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 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)

All seasons in Michigan, 1836 Treaty Zone:

Ducks

Season Dates: Open September 20, 1999, close January 20, 2000.

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

Season Dates: Open September 1, close November 30, 1999, and open

January 1, 2000, close February 8, 2000.

Daily Bag Limit: 5 geese.

Sora Rails, Common Snipe, and Woodcock

Season Dates: Open September 1, close November 14, 1999.

Daily Bag Limit: 5 rails, 5 snipe, and 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.

[[Page 47138]]

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

(Tribal Members Only)

Ducks

Wisconsin and Minnesota 1837 and 1842 Zones:

Season Dates: Begin September 15 and end December 1, 1999.

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.

Michigan 1836 and 1842 Treaty Zones:

Season Dates: Begin September 15 and end December 1, 1999.

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

Wisconsin and Minnesota 1837 and 1842 Zones:

Season Dates: Begin September 15 and end December 1, 1999.

Daily Bag Limit: 5 mergansers.

Michigan 1836 and 1842 Treaty Zones:

Season Dates: Begin September 15 and end December 1, 1999.

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

merganser.

Geese

All Ceded Areas:

Season Dates: Begin September 1 and end December 1, 1999.

Daily Bag Limit: 10 geese.

Other Migratory Birds: All Ceded Areas.

Coots and Common Moorhens (Common Gallinules)

Season Dates: Begin September 15 and end December 1, 1999.

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

singly or in the aggregate.

Sora and Virginia Rails

Season Dates: Begin September 15 and end December 1, 1999.

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

aggregate.

Common Snipe

Season Dates: Begin September 15 and end December 1, 1999.

Daily Bag Limit: 8 common snipe.

Woodcock

Season Dates: Begin September 7 and end December 1, 1999.

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.

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, 1999, close January 31, 2000.

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

pintail, 2 hen mallards, 4 scaup, and 1 canvasback.

Geese

Season Dates: Open September 1, 1999, close January 31, 2000.

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) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members

Only)

Ducks

Season Dates: Open September 25, close November 28, 1999.

Daily Bag Limits: 10 ducks.

Geese

Season Dates: Open September 25, close November 28, 1999.

Daily Bag Limits: 10 geese.

General: Possession limits are twice the daily bag limits. Shooting

hours are one-half hour before sunrise to one-half hour after sunset.

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

Nonmembers)

Band-tailed Pigeons

Season Dates: Open September 1, close September 30, 1999.

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

Mourning Doves

Season Dates: Open September 1, close September 30, 1999.

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.

(i) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal

Members)

Ducks

Season Dates: Open September 18, close November 19, 1999.

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

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 and Brant

Season Dates: Open September 1, close November 19, open November

29, close December 31, 1999.

[[Page 47139]]

Daily Bag and Limits: 5 brant, 3 Canada geese, and 5 snow geese.

Geese 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 11, close November 19, 1999.

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.

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

Ducks

Season Dates: Open September 15, 1999, close January 15, 2000.

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

hen mallards, 2 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, 1999, close January 15, 2000.

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

than 3 light geese. The season on Aleutian Canada geese is closed.

Possession limit is twice the daily bag limit.

Brant

Season Dates: Open September 15, 1999, close January 15, 2000.

Daily Bag and Possession Limits: 2 brant. Possession limit is twice

the daily bag limit.

Coots

Season Dates: Open September 15, 1999, close January 15, 2000.

Daily Bag Limits: 25 coots.

Mourning Doves

Season Dates: Open September 1, close September 30, 1999.

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

Snipe

Season Dates: Open September 15, close January 15, 2000.

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

General Conditions: All hunters authorized to hunt migratory birds

on the reservation must obtain a tribal hunting permit from the

respective tribe. Hunters are also required to adhere to a number of

special regulations available at the tribal office.

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

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

Mourning Dove

Season Dates: September 18, 1999, through January 20, 2000.

Daily Bag Limit: 15 doves.

General Conditions: Hunting is on Saturdays only. All other Federal

regulations contained in 50 CFR part 20 apply.

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

Washington (Tribal Members)

Ducks

Season Dates: Open September 15, 1999, close January 15, 2000.

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, 1999, close January 15, 2000.

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, 1999.

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

Coots

Season Dates: Open September 15, 1999, close January 15, 2000.

Daily Bag Limits: 25 coots.

Snipe

Season Dates: Open September 15, 1999, and close January 15, 2000.

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

Band-tailed Pigeons

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

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.

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

Marysville, Washington (Tribal Members)

Ducks/Coot

Season Dates: Open September 15, 1999, and close February 1, 2000.

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, 1999, and close February 1, 2000.

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.

(n) White Earth Band of Chippewa, White Earth, Minnesota (Tribal

Members Only)

Ducks and Mergansers

Season Dates: Open September 18, close November 30, 1999.

Daily Bag Limit for Ducks: 7 ducks, including no more than 2

mallards and

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1 canvasback through September 24 and no more than 2 hen mallards and 2

canvasbacks thereafter.

Daily Bag Limit for Mergansers: 5 mergansers, including no more

than 2 hooded mergansers.

Geese

Season Dates: Open September 1, close November 30, 1999.

Daily Bag Limit: 5 geese.

Coots

Season Dates: Open September 18, close November 30, 1999.

Daily Bag Limit: 20 coots.

Sora and Virginia Rails

Season Dates: Open September 11, close December 1, 1999.

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

aggregate. The possession limit is 25.

Common Snipe and Woodcock

Season Dates: Open September 11, close December 1, 1999.

Daily Bag Limit: 10 snipe and 10 woodcock.

Mourning Dove

Season Dates: Open September 11, close December 1, 1999.

Daily Bag Limit: 25 doves.

General Conditions: Shooting hours are one-half hour before sunrise

to one-half hour after sunset. Non-toxic shot is required.

(o) 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 12, 1999.

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

Mourning Doves

Season Dates: Open September 1, close September 12, 1999.

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 24, 1999.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 99-22383 Filed 8-27-99; 8:45 am]

BILLING CODE 4310-55-P