50986 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE14

Migratory Bird Hunting: Migratory Bird

Hunting Regulations on Certain

Federal Indian Reservations and

Ceded Lands for the 1997–98 Late

Season

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: This rule prescribes special

late season migratory bird hunting

regulations for certain tribes on Federal

Indian reservations, off-reservation trust

lands and ceded lands. This responds to

tribal requests for Service recognition of

their authority to regulate hunting under

established guidelines. This rule allows

the establishment of seasons and bag

limits and, thus, harvest at levels

compatible with populations and

habitat conditions.

DATE: This rule takes effect on October

1, 1997.

ADDRESSES: The public may inspect

comments received during normal

business hours in Room 634, Arlington

Square Building, 4401 N. Fairfax Drive,

Arlington, Virginia. The public should

send communications regarding the

documents to: Director (FWS/MBMO),

U.S. Fish and Wildlife Service, Room

634—ARLSQ, 1849 C Street, NW.,

Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Ron

W. Kokel, Office of Migratory Bird

Management, U.S. Fish and Wildlife

Service (703) 358–1714.

SUPPLEMENTARY INFORMATION: The

Migratory Bird Treaty Act of July 3,

1918 (40 Stat. 755; 16 U.S.C. 703 et

seq.), authorizes and directs the

Secretary of the Department of the

Interior, having due regard for the zones

of temperature and for the distribution,

abundance, economic value, breeding

habits, and times and lines of flight of

migratory game birds, to determine

when, to what extent, and by what

means such birds or any part, nest or

egg thereof may be taken, hunted,

captured, killed, possessed, sold,

purchased, shipped, carried, exported or

transported.

In the August 11, 1997, Federal

Register (62 FR 43042), the Service

proposed special migratory bird hunting

regulations for the 1997–98 hunting

season for certain Indian tribes, under

the guidelines described in the June 4,

1985, Federal Register (50 FR 23467).

The guidelines respond to tribal

requests for Service recognition of their

reserved hunting rights, and for some

tribes, recognition of their authority to

regulate hunting by both tribal members

and nonmembers on their reservations.

The guidelines include possibilities for:

(1) on-reservation hunting by both

tribal members and nonmembers, with

hunting by nontribal members on some

reservations to take place within Federal

frameworks but on dates different from

those selected by the surrounding

State(s);

(2) on-reservation hunting by tribal

members only, outside of usual Federal

frameworks for season dates and length,

and for daily bag and possession limits;

and

(3) off-reservation hunting by tribal

members on ceded lands, outside of

usual framework dates and season

length, with some added flexibility in

daily bag and possession limits.

In all cases, the regulations

established under the guidelines must

be consistent with the March 10 -

September 1 closed season mandated by

the 1916 Migratory Bird Treaty with

Canada.

In the March 13, 1997, Federal

Register (62 FR 2054), the Service

requested that tribes desiring special

hunting regulations in the 1997–98

hunting season submit a proposal

including details on:

(1) requested season dates and other

regulations to be observed;

(2) harvest anticipated under the

requested regulations;

(3) methods that will be employed to

measure or monitor harvest;

(4) steps that will be taken to limit

level of harvest, where it could be

shown that failure to limit such harvest

would impact seriously on the

migratory bird resource; and

(5) tribal capabilities to establish and

enforce migratory bird hunting

regulations.

No action is required if a tribe wishes

to observe the hunting regulations

established by the State(s) in which an

Indian reservation is located. The

Service has successfully used the

guidelines since the 1985–86 hunting

season. The Service finalized the

guidelines beginning with the 1988–89

hunting season (August 18, 1988,

Federal Register [53 FR 31612]).

Although the proposed rule included

generalized regulations for both earlyand late-season hunting, this

rulemaking addresses only the lateseason proposals. Early-season hunting

was addressed in the rulemaking

published in the Federal Register on

September 2, 1997 (62 FR 46420). As a

general rule, early seasons begin during

September each year and have a primary

emphasis on such species as mourning

dove. Late seasons begin about October

1 or later each year and have a primary

emphasis on waterfowl.

This year, the Service’s annual

breeding duck survey estimated total

ducks in the traditional survey area was

42.6 million, an increase of 13 percent

from that in 1996 and 31 percent higher

than the long-term average. The total

duck fall flight forecast is approximately

92 million birds, compared to 90

million last year. This estimate is the

highest recorded since calculations were

initiated in 1970. As a result, the

Service has responded by proposing

Flyway frameworks that are slightly

expanded from those of last season for

the 1997–98 waterfowl hunting season

(August 25, 1997, Federal Register, 62

FR 45078). The tribal seasons

established below generally reflect the

Flyway frameworks.

Tribal Proposals

For the 1997–98 migratory bird

hunting season, the Service proposed

regulations for 20 tribes and/or Indian

groups that followed the 1985

guidelines and were considered

appropriate for final rulemaking. Some

of the proposals submitted by the tribes

had both early- and late-season

elements. However, as noted earlier,

only those with late-season proposals

are included in this final rulemaking; 15

tribes made proposals with late seasons.

Twelve tribes were represented in the

early-season regulations. Comments and

revised proposals received to date are

addressed in the following section. The

comment period for the proposed rule,

published on August 11, 1997, closed

on August 21, 1997.

Public Comments On Tribal Proposals

The Service received a letter from the

Washington Department of Fish and

Wildlife (WDFW), dated August 18,

1997, concerning the potential impacts

of proposed tribal member seasons on

brant populations. The WDFW was

concerned that several tribes had

proposed long brant seasons that could

potentially impact populations. The

WDFW encouraged a more conservative

approach for all tribal brant hunting

seasons in Puget Sound by limiting

seasons to the existing Federal

framework of 16 days.

In general, Flyway frameworks are

liberally interpreted when application is

made to tribal member regulations. This

results from the special status of Native

Americans and specific treaty rights.

Seasons for non-tribal members are

established within the general Flyway

framework of 16 days with a daily bag
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50987

limit of 2 brant. While the Service

shares the concern of the WDFW for

Pacific brant populations, we believe

that current populations of brant can

support the tribes’ limited harvest.

Further, we note that most of the tribes

have very limited hunting opportunity

for brant. However, the Service will

continue to monitor brant populations

and encourages the tribes to closely

monitor their harvest.

NEPA Consideration

NEPA considerations are covered by

the programmatic document, ‘‘Final

Supplemental Environmental Impact

Statement: Issuance of Annual

Regulations Permitting the Sport

Hunting of Migratory Birds (FSES 88–

14),’’ filed with EPA on June 9, 1988.

The Service published a Notice of

Availability in the June 16, 1988,

Federal Register (53 FR 22582). The

Service published its Record of Decision

on August 18, 1988 (53 FR 31341). In

addition, an August 1985 environmental

assessment titled ‘‘Guidelines for

Migratory Bird Hunting Regulations on

Federal Indian Reservations and Ceded

Lands’’ is available from the Service.

Copies of these documents are available

from the Service at the address

indicated under the caption ADDRESSES.

Endangered Species Act Considerations

As in the past, the Service designs

hunting regulations to remove or

alleviate chances of conflict between

migratory game bird hunting seasons

and the protection and conservation of

endangered and threatened species.

Consultations were conducted to ensure

that actions resulting from these

regulatory proposals will not likely

jeopardize the continued existence of

endangered or threatened species or

result in the destruction or adverse

modification of their critical habitat.

Findings from these consultations are

included in a biological opinion and

may have caused modification of some

regulatory measures previously

proposed. The final frameworks reflect

any modifications. The Service’s

biological opinions resulting from its

Section 7 consultation are public

documents available for public

inspection in the Service’s Division of

Endangered Species and MBMO, at the

address indicated under the caption

ADDRESSES.

Executive Order (E.O.) 12866

Collectively, the rules covering the

overall frameworks for migratory bird

hunting are economically significant

and are reviewed by the Office of

Management and Budget (OMB) under

E.O. 12866. This rule is a small portion

of the overall migratory bird hunting

frameworks and was not individually

submitted and reviewed by the Office of

Management and Budget (OMB) under

E.O. 12866.

Congressional Review

In accordance with Section 251 of the

Small Business Regulatory Enforcement

Fairness Act of 1996 (5 U.S.C. 8), this

rule has been submitted to Congress and

has been declared major. Because this

rule establishes hunting seasons, this

rule qualifies for an exemption under 5

U.S.C. 808(1); therefore, the Department

determines that this rule shall take

effect immediately.

Regulatory Flexibility Act

Overall, migratory bird hunting

regulations have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq). In the March

13, 1997, Federal Register, the Service

reported measures it took to comply

with requirements of the Act. One

measure was to prepare a Small Entity

Flexibility Analysis (Analysis) in 1996

documenting the significant beneficial

economic effect on a substantial number

of small entities. The Analysis estimated

that migratory bird hunters would

spend between $254 and $592 million at

small businesses in 1996. Copies of the

Analysis are available upon request

from the Office of Migratory Bird

Management.

Paperwork Reduction Act

The Department examined these

regulations under the Paperwork

Reduction Act of 1995 and found no

information collection requirements.

Regulations Promulgation

The rulemaking process for migratory

game bird hunting must, by its nature,

operate under severe time constraints.

However, the Service intends that the

public be given the greatest possible

opportunity to comment on the

regulations. Thus, when the preliminary

proposed rulemaking was published,

the Service established what it believed

were the longest periods possible for

public comment. In doing this, the

Service recognized that when the

comment period closed, time would be

of the essence. That is, if there were a

delay in the effective date of these

regulations after this final rulemaking,

the tribes would have insufficient time

to communicate these seasons to their

member and non-tribal hunters and to

establish and publicize the necessary

regulations and procedures to

implement their decisions.

Therefore, the Service, under the

authority of the Migratory Bird Treaty

Act of July 3, 1918, as amended (40 Stat.

755; 16 U.S.C. 703 et seq.), prescribes

final hunting regulations for certain

tribes on Federal Indian reservations

(including off reservation trust lands),

and ceded lands. The regulations

specify the species to be hunted and

establish season dates, bag and

possession limits, season length, and

shooting hours for migratory game birds.

The Service therefore finds that ‘‘good

cause’’ exists, within the terms of 5

U.S.C. 553(d)(3) of the Administrative

Procedure Act, and these frameworks

will, therefore, take effect immediately

upon publication.

Unfunded Mandates

The Service has determined and

certifies in compliance with the

requirements of the Unfunded Mandates

Act, 2 U.S.C. 1502 et seq., that this

rulemaking will not impose a cost of

$100 million or more in any given year

on local or State government or private

entities.

Civil Justice Reform—Executive Order

12988

The Department, in promulgating this

final rule, has determined that these

regulations meet the applicable

standards provided in Sections 3(a) and

3(b)(2) of Executive Order 12988.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting

and recordkeeping requirements,

Transportation, Wildlife.

Accordingly, part 20, subchapter B,

chapter I of Title 50 of the Code of

Federal Regulations is amended as

follows:

PART 20—[AMENDED]

1. The authority citation for part 20

continues to read as follows:

AUTHORITY: 16 U.S.C. 703–712 and 16

U.S.C. 742 a—j.

(Editorial Note: The following annual

hunting regulations provided for by § 20.110

of 50 CFR part 20 will not appear in the Code

of Federal Regulations because of their

seasonal nature.)

2. Section 20.110 is amended by

revising paragraphs (a), (c), (e), (f), (h),

(k) and (l); and by adding paragraphs

(m), (n), (o), (p), (q), (r), (s), and (t) to

read as follows:
50988 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

§ 20.110 Seasons, limits and other

regulations for certain Federal Indian

reservations, Indian Territory, and ceded

lands.

(a) Colorado River Indian Tribes,

Parker, Arizona (Tribal Members and

Nontribal Hunters)

Doves

Season Dates: Open September 1,

close September 15, 1997; then open

November 16, close January 15, 1998.

Daily Bag and Possession Limits: For

the early season, daily bag limit is 10

mourning or 10 white-winged doves,

singly, or in the aggregate. For the late

season, the daily bag limit is 10

mourning doves. Possession limits are

twice the daily bag limits.

Ducks (including mergansers)

Season Dates: Begin October 4, 1997,

close January 5, 1998.

Daily Bag and Possession Limits: 7

ducks, including no more than 2

pintails, 2 redheads, 2 Mexican ducks,

2 hen mallards, and 1 canvasback. The

possession limit is twice the daily bag

limit.

Coots and Common Moorhens

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25

coots and common moorhens, singly or

in the aggregate. The possession limit is

twice the daily bag limit.

Geese

Season Dates: Begin October 18, 1997,

end January 18, 1998.

Daily Bag and Possession Limits: 5

geese, including no more than 2 dark

(Canada) geese and 3 white (snow, blue,

Ross’s) geese. The possession limit is 5.

General Conditions: All persons 12

years and older must possess a valid

Colorado River Indian Reservation

hunting permit before taking any

wildlife on tribal lands. Any person

transporting game birds off the Colorado

River Indian Reservation must have a

valid transport declaration form. Other

tribal regulations apply, and may be

obtained at the Fish and Game Office in

Parker, Arizona.

* * * * *

(c) Grand Traverse Band of Ottawa and

Chippewa Indians, Suttons Bay,

Michigan (Tribal Members Only)

Ducks

Michigan, 1836 Treaty Zone:

Season Dates: Open September 20,

1997, close January 20, 1998.

Daily Bag Limit: 10 ducks, which may

include no more than 1 pintail, 1

canvasback, 1 black duck, 1 hooded

merganser, 2 wood ducks, 2 redheads,

and 5 mallards (only 2 hen mallards).

Canada Geese

Michigan, 1836 Treaty Zone:

Season Dates: Open September 1,

close November 30, 1997, and open

January 1, 1998, close February 8, 1998.

Daily Bag Limit: 5 geese.

Other Geese (Brant, Blue, Snow, and

White-fronted)

Michigan, 1836 Treaty Zone:

Season Dates: Begin October 1, end

November 30, 1997.

Daily Bag Limit: 5 geese.

Sora Rails

Michigan 1836 Treaty Zone:

Season Dates: Open September 1,

close November 14, 1997.

Daily Bag Limit: 5 rails.

Common Snipe

Michigan 1836 Treaty Zone:

Season Dates: Open September 1,

close November 14, 1997.

Daily Bag Limit: 5 snipe.

Woodcock

Michigan 1836 Treaty Zone:

Season Dates: Open September 1,

close November 14, 1997.

Daily Bag Limit: 5 woodcock.

General Conditions: Persons twelve

years and older must possess a valid

Grand Traverse Band Tribal license

before taking any wildlife. All other

basic regulations contained in 50 CFR

part 20 are valid. Other tribal

regulations apply, and may be obtained

at the tribal office in Suttons Bay,

Michigan.

* * * * *

(e) Kalispel Tribe, Kalispel Reservation,

Usk, Washington (Tribal Members and

Non-tribal Hunters).

Tribal Members Only

Ducks

Season Dates: Open September 15,

1997, close January 31, 1998.

Daily Bag and Possession Limits: 7

ducks, including no more than 3

pintails, 2 hen mallards, and 1

canvasback.

Geese

Season Dates: Open September 15,

1997, close January 31, 1998.

Daily Bag and Possession Limits: 4

geese, including 4 dark geese but not

more than 3 light geese. The possession

limit is twice the daily bag limit.

General: Tribal members must possess

a validated Migratory Bird Hunting and

Conservation Stamp and a tribal ceded

lands permit.

Non-tribal Hunters

Ducks

Season Dates: Open October 4, 1997,

close January 18, 1998. During this

period, days to be hunted are specified

by the Kalispel Tribe as weekends,

holidays and for a continuous period in

the month of December. Nontribal

hunters should contact the tribe for

more detail on hunting days.

Daily Bag and Possession Limits: 7

ducks, including no more than 3

pintails, 2 hen mallards, and 1

canvasback.

Geese

Season Dates: Begin October 4, 1997,

close January 11, 1998.

Daily Bag and Possession Limits: 4

geese, including 4 dark geese but not

more than 3 light geese. The possession

limit is twice the daily bag limit.

General: Hunters must observe all

State and Federal regulations, such as

those contained in 50 CFR part 20 and

including the possession of a validated

Migratory Bird Hunting and

Conservation Stamp.

(f) Navajo Indian Reservation, Window

Rock, Arizona (Tribal Members and

Nontribal Hunters)

Band-tailed Pigeons

Season Dates: Open September 1,

close September 30, 1997.

Daily Bag and Possession Limits: 5

and 10 pigeons, respectively.

Mourning Doves

Season Dates: Open September 1,

close September 30, 1997.

Daily Bag and Possession Limits: 10

and 20 doves, respectively.

Ducks (including mergansers)

Season Dates: Begin October 4, 1997,

close January 18, 1998.

Daily Bag and Possession Limits: 7

ducks, including no more than 2 female

mallards, 3 pintails, 1 canvasback and 2

redheads. The possession limit is twice

the daily bag limit.

Dark Geese

Season Dates: Begin October 4, 1997,

end January 11, 1998.

Daily Bag and Possession Limits: 2

and 4 geese, respectively.

Coots and Common Moorhens

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25

coots and moorhens, singly or in the

aggregate.
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50989

General Conditions: Tribal and

nontribal hunters must comply with all

basic Federal migratory bird hunting

regulations in 50 CFR part 20, regarding

shooting hours and manner of taking. In

addition, each waterfowl hunter 16

years of age or over must carry on his/

her person a valid Migratory Bird

Hunting and Conservation Stamp (duck

stamp) signed in ink across the stamp

face. Special regulations established by

the Navajo Nation also apply on the

reservation.

* * * * *

(h) Point No Point Treaty Tribes,

Kingston, Washington (Tribal Members

and Non-tribal Hunters)

Tribal Members Only

Ducks

Season Dates: Open September 15,

1997, close January 15, 1998.

Daily Bag and Possession Limits: 7

ducks, including no more than 1 female

mallard, 2 pintails, 1 canvasback and 2

redheads. The season on wood ducks

and harlequin ducks is closed.

Possession limit is twice the daily bag

limit.

Geese

Season Dates: Open September 15,

1997, close January 15, 1998.

Daily Bag and Possession Limits: 4

geese, and may include no more than 3

light geese. The season on Aleutian and

Cackling Canada geese is closed.

Possession limit is twice the daily bag

limit.

Brant

Season Dates: Open September 15,

close January 15, 1997.

Daily Bag and Possession Limits: 2

and 4 brant, respectively.

Coots

Season Dates: Open September 15,

1997, close January 15, 1998.

Daily Bag Limits: 25 coots.

Non-tribal Members

Mourning Doves

Season Dates: Open September 1,

close September 30, 1997.

Daily Bag and Possession Limits: 10

and 20 doves, respectively.

Snipe

Season Dates: Open September 1,

close December 16, 1997.

Daily Bag and Possession Limits: 8

and 16 snipe, respectively.

Ducks (including Mergansers)

Season Dates: Begin October 4, 1997,

end January 18, 1998.

Daily Bag and Possession Limits: 7

ducks, including no more than 2 female

mallards, 3 pintails, 1 canvasback and 2

redheads. The season is closed on wood

ducks and harlequin ducks. The

possession limit is twice the daily bag

limit.

Geese

Season Dates: Begin October 4, 1997,

end January 11, 1998.

Daily Bag and Possession Limits: 4

geese, including not more than 3 light

geese. The season is closed on Aleutian

Canada geese and cackling Canada

geese. The possession limit is twice the

daily bag limit.

Brant

Season Dates: Begin January 3, end

January 18, 1998.

Daily Bag and Possession Limits: 2

and 4 brant, respectively.

* * * * *

(k) Tulalip Tribes of Washington,

Tulalip Indian Reservation, Marysville,

Washington (Tribal Members and Nontribal Hunters)

Tribal Members

Ducks/Coot

Season Dates: Open September 15,

1997, and close February 1, 1998.

Daily Bag and Possession Limits: 6

and 12 ducks, respectively; except that

bag and possession limits are restricted

for blue-winged teal, canvasback,

harlequin, pintail, and wood duck to

those established for the Pacific Flyway

by final Federal frameworks, to be

announced.

Geese

Season Dates: Open September 15,

1997, and close February 1, 1998.

Daily Bag and Possession Limits: 6

and 12 geese, respectively; except that

the bag limits for brant and cackling and

dusky Canada geese are those

established for the Pacific Flyway in

accordance with final Federal

frameworks, to be announced. The

tribes also set a maximum annual bag

limit on ducks and geese for those tribal

members who engage in subsistence

hunting.

Snipe

Season Dates: Open September 15,

1997, and close February 1, 1998.

Daily Bag and Possession Limits: 6

and 12 snipe, respectively.

Non-tribal Hunters

Ducks

Season Dates: Begin October 4, 1997,

end January 18, 1998.

Daily Bag and Possession Limits: 7

ducks, including no more than 2 female

mallards, 3 pintails, 1 canvasback and 2

redheads. The possession limit is twice

the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25

coots.

Geese

Season Dates: Begin October 11, 1997,

end January 18, 1998.

Daily Bag and Possession Limits: 4

geese, including 4 dark geese but no

more than 3 light geese. The possession

limit is twice the daily bag limit.

Brant

Season Dates: Begin January 3, end

January 18, 1998.

Daily Bag and Possession Limits: 2

and 4 brant, respectively.

Snipe

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 8

and 12 snipe, respectively.

General Conditions: All waterfowl

hunters, members and non-members,

must obtain and possess while hunting

a valid hunting permit from the Tulalip

tribes. Also, non-tribal members sixteen

years of age and older, hunting pursuant

to Tulalip Tribes’ Ordinance No. 67,

must possess a validated Federal

Migratory Bird Hunting and

Conservation Stamp and a validated

State of Washington Migratory

Waterfowl Stamp. All Tulalip tribal

members must possess while hunting,

or accompanying another, their valid

tribal identification card. All hunters are

required to adhere to a number of other

special regulations enforced by the

tribes and available at the tribal office.

(l) White Mountain Apache Tribe, Fort

Apache Indian Reservation, Whiteriver,

Arizona (Tribal Members and Nontribal

Hunters)

Band-tailed Pigeons

Season Dates: Open September 1,

close September 10, 1997.

Daily Bag and Possession Limits: 3

and 6 pigeons, respectively.

Mourning Doves

Season Dates: Open September 1,

close September 10, 1996.

Daily Bag and Possession Limits: 8

and 16 doves, respectively.

General Conditions: All non-tribal

hunters hunting band-tailed pigeons

and mourning doves on Reservation

lands must possess a valid White
50990 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

Mountain Apache Daily or Yearly Small

Game Permit. In addition to a small

game permit, all non-tribal hunters

hunting band-tailed pigeons must

possess a White Mountain Special

Band-tailed Pigeon Permit. Other

special regulations established by the

White Mountain Apache Tribe apply on

the reservation. Tribal and nontribal

hunters will comply with all basic

Federal migratory bird hunting

regulations in 50 CFR part 20 regarding

shooting hours and manner of taking.

Ducks (Including Mergansers)

Season Dates: Begin October 25, 1997,

end January 18, 1998.

Daily Bag and Possession Limits: 4

ducks, including no more than 3

mallards (including no more than 1

female mallard), 2 redheads or 1

canvasback and 1 redhead, and 1

pintail. The possession limit is twice the

daily bag limit.

Coots, Moorhens and Gallinules

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25

coots, moorhens, and gallinules, singly

or in the aggregate. The possession limit

is twice the daily bag limit.

Canada Geese

Season Dates: Same as ducks.

Bag and Possession Limits: 2 and 4

geese, respectively.

General Conditions:

(1) The area open to hunting in the

above seasons consists of: the entire

length of the Black and Salt Rivers

forming the southern boundary of the

reservation; the White River, extending

from the Canyon Day Stockman Station

to the Salt River; and all stock ponds

located within Wildlife Management

Units 4, 6 and 7. Tanks located below

the Mongollon Rim, within Wildlife

Management Units 2 and 3 will be open

to waterfowl hunting. The remaining

reservation waters are closed to

waterfowl hunting during the 1997–98

hunting season.

(2) Tribal and nontribal hunters must

comply with all basic Federal migratory

bird hunting regulations in 50 CFR part

20 regarding shooting hours and manner

of taking.

(3) See other special regulations

established by the White Mountain

Apache Tribe that apply on the

reservation, available from the

reservation Game and Fish Department.

(m) Confederated Salish and Kootenai

Tribes, Flathead Indian Reservation,

Pablo, Montana (Nontribal Hunters)

Ducks (including mergansers)

Season Dates: Begin October 4, 1997,

end January 18, 1998.

Daily Bag and Possession Limits: 7

ducks, including no more than 2 female

mallards, 3 pintails, 1 canvasback and 2

redheads. The possession limit is twice

the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: The

daily bag and possession limit is 25.

Geese

Dark Geese

Season Dates: Begin October 4, 1997,

end January 11, 1998.

Daily Bag and Possession Limits: 4

and 8 geese, respectively.

Light Geese

Season Dates: Begin October 4, 1997,

end January 11, 1998.

Daily Bag and Possession Limits: 3

and 6 geese, respectively.

General Conditions: Nontribal hunters

must comply with all basic Federal

migratory bird hunting regulations

contained in 50 CFR part 20 regarding

manner of taking. In addition, shooting

hours are sunrise to sunset and each

waterfowl hunter 16 years of age or

older must carry on his/her person a

valid Migratory Bird Hunting and

Conservation Stamp (Duck Stamp)

signed in ink across the stamp face.

Special regulations established by the

Confederated Salish and Kootenai

Tribes also apply on the reservation.

(n) Crow Creek Sioux Tribe, Crow

Creek Indian Reservation, Fort

Thompson, South Dakota (Tribal

Members and Nontribal Hunters)

Ducks

Season Dates: Begin October 4, 1997,

end January 8, 1998.

Daily Bag and Possession Limits: 6

ducks, including no more than 5

mallards (including no more than 2

female mallards), 1 mottled duck, 1

canvasback, 2 redheads, 3 pintails, and

2 wood ducks. The possession limit is

twice the daily bag limit.

Mergansers

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 5

mergansers, including no more than 1

hooded merganser. The possession limit

is twice the daily bag limit.

Dark Geese

Canada, Brant and White-fronted

Geese

Season Dates: Begin October 4, 1997,

end January 4, 1998.

Daily Bag and Possession Limits: 2

dark geese, including no more than 1

white-fronted goose (or brant). The

possession limit is twice the daily bag

limit.

Light Geese

Season Dates: Begin October 5, 1997,

close January 5, 1998, then open

February 25, close March 10, 1998.

Daily Bag and Possession Limits: 10

and 40 geese, respectively.

General Conditions: The waterfowl

hunting regulations established by this

final rule apply only to tribal and trust

lands within the external boundaries of

the reservation. Tribal and nontribal

hunters must comply with basic Federal

migratory bird hunting regulations in 50

CFR part 20 regarding shooting hours

and manner of taking. In addition, each

waterfowl hunter 16 years of age or over

must carry on his/her person a valid

Migratory Bird Hunting and

Conservation Stamp (Duck Stamp)

signed in ink across the stamp face.

Special regulations established by the

Crow Creek Sioux Tribe also apply on

the reservation.

(o) Jicarilla Apache Tribe, Jicarilla

Indian Reservation, Dulce, New Mexico

(Tribal Members and Nontribal

Hunters)

Ducks (including mergansers)

Season Dates: Begin October 4, end

November 30, 1997.

Daily Bag and Possession Limits: The

daily bag limit is 7, including no more

than 2 female mallards, 3 pintails, 2

redheads, and 1 canvasback. The

possession limit is twice the daily bag

limit.

Geese

Season Dates: Begin October 4, 1997,

end January 11, 1998.

Daily Bag and Possession Limits: 4

geese, including 4 dark geese but no

more than 3 light geese. The possession

limit is twice the daily bag limit. The

1997–98 Canada goose season is closed.

General Conditions: Tribal and

nontribal hunters must comply with all

basic Federal migratory bird hunting

regulations in 50 CFR part 20 regarding

shooting hours and manner of taking. In

addition, each waterfowl hunter 16

years of age or older must carry on his/

her person a valid Migratory Bird

Hunting and Conservation Stamp (Duck

Stamp) signed in ink across the stamp
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50991

face. Special regulations established by

the Jicarilla Tribe also apply on the

reservation.

(p) Klamath Tribe, Chiloquin, Oregon

(Tribal Members Only)

Ducks

Season Dates: Begin October 1, 1997,

end January 31, 1998.

Daily Bag and Possession Limits: 9

and 16 ducks, respectively.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 25

coots.

Geese

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 6

and 12 geese, respectively.

General: The Klamath Tribe provides

regulations enforcement authority in its

game management officers, biologists

and wildlife technicians, and has a

court system with judges that hear cases

and set fines.

(q) Lower Brule Sioux Tribe, Lower

Brule Reservation, Lower Brule, South

Dakota (Tribal Members and Nontribal

Hunters)

Ducks (including mergansers)

Season Dates: Begin October 4, 1997,

end January 8, 1997.

Daily Bag and Possession Limits: 6

ducks, including no more than 5

mallards (only 1 of which may be a

hen), 2 pintails, 1 mottled duck, 2

redheads, 1 canvasback, 2 wood ducks,

and 1 hooded merganser. The

possession limit is twice the daily bag

limit.

Geese

Dark Geese

Season Dates: Begin October 18, 1997,

end January 11, 1997.

Daily Bag and Possession Limits: 3

geese, including no more than 1 whitefronted goose. The possession limit is

twice the daily bag limit.

White Geese

Season Dates: Begin October 18, 1997,

end January 11, 1998, open February 18,

end March 10, 1998.

Daily Bag and Possession Limits: 10

and 20 geese, respectively.

General Conditions: All hunters must

comply with the basic Federal migratory

bird hunting regulations in 50 CFR part

20, including the use of steel shot.

Nontribal hunters must possess a

validated Migratory Waterfowl Hunting

and Conservation Stamp. The Lower

Brule Sioux Tribe has an official

Conservation Code that hunters must

adhere to when hunting in areas subject

to control by the tribe.

(r) Shoshone-Bannock Tribes, Fort Hall

Indian Reservation, Fort Hall, Idaho

(Nontribal Hunters)

Ducks (including Mergansers)

Season Dates: Begin October 4, 1997,

end January 17, 1998.

Daily Bag and Possession Limits: 7

ducks, including no more than 2 female

mallards, 3 pintails, 1 canvasback and 2

redheads. The possession limit is twice

the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 10

and 20 coots, respectively.

Geese

Season Dates: Begin October 4, 1997,

end January 11, 1998.

Daily Bag and Possession Limits: 4

geese, including not more than 3 light

geese and 2 white-fronted geese. The

possession limit is twice the daily bag

limit.

Common Snipe

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 8

and 16 snipe, respectively.

General Conditions: Nontribal hunters

must comply with all basic Federal

migratory bird hunting regulations in 50

CFR part 20 regarding shooting hours

and manner of taking. In addition, each

waterfowl hunter 16 years of age or

older must possess a valid Migratory

Bird Hunting and Conservation Stamp

(Duck Stamp) signed in ink across the

stamp face. Other regulations

established by the Shoshone-Bannock

Tribes also apply on the reservation.

(s) Swinomish Indian Tribal

Community, LaConner, Washington

(Tribal Members Only)

Ducks (including mergansers)

Season Dates: Begin October 4, 1997,

end February 18, 1998.

Daily Bag and Possession Limits: 10

ducks, including no more than 2 female

mallards, 3 pintails, 1 canvasback and 2

redheads. The possession limit is twice

the daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 28

coots.

Geese

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 7

geese, including 7 dark geese but no

more than 6 light geese. The possession

limit is twice the daily bag limit.

Brant

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 5

and 10 brant, respectively.

General Conditions: The Swinomish

Tribal Community has established

additional special regulations for onreservation hunting. Tribal hunters

should consult the tribal office for

additional information.

(t) Yankton Sioux Tribe, Marty, South

Dakota (Tribal Members and Nontribal

Hunters)

Ducks (including Mergansers)

Season Dates: Begin October 18, end

December 30, 1997.

Daily Bag and Possession Limits: 6

ducks, including no more than 5

mallards (no more 2 female mallards), 2

redheads, 3 pintails, 1 hooded

merganser, 1 canvasback, and 2 wood

ducks. The possession limit is twice the

daily bag limit.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 15

and 30 coots, respectively.

Dark Geese

Season Dates: Begin November 1,

1997, end January 31, 1998.

Daily Bag and Possession Limits: 2

geese, including no more than 1 whitefronted goose (or brant). The possession

limit is twice the daily bag limit.

White Geese

Season Dates: Begin November 1,

1997, end January 25, 1998, then open

February 18, close March 10, 1998.

Daily Bag and Possession Limits: 10

and 40 geese, respectively.

General Conditions: (1) The waterfowl

hunting regulations established by this

final rule apply to tribal and trust lands

within the external boundaries of the

reservation.

(2) Tribal and nontribal hunters must

comply with all basic Federal migratory

bird hunting regulations in 50 CFR part

20 regarding shooting hours and manner

of taking. In addition, each waterfowl

hunter 16 years of age or older must

carry on his/her person a valid

Migratory Bird Hunting and

Conservation Stamp (Duck Stamp)

signed in ink across the stamp face.

Special regulations established by the
50992 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

Yankton Sioux Tribe also apply on the

reservation.

Dated: September 22, 1997.

Donald J. Barry,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

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

BILLING CODE 4310–55–F