58664 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

to health or safety that may

disproportionately affect children.

Executive Order 12630 (Taking of

Private Property)

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Executive Order 13132 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13132 dated August 4, 1999, and it has

been determined this action does not

have a substantial direct effect or

sufficient federalism implications on

States that would limit the

policymaking discretion of the States.

Nothing in this document directly

preempts any State law or regulation.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.217,

Motor Carrier Safety. The regulations

implementing Executive Order 12372

regarding intergovernmental

consultation on Federal programs and

activities do not apply to this regulation.

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for the purposes of the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501–

3520.

National Environmental Policy Act

The agency has analyzed this

rulemaking for the purpose of the

National Environmental Policy Act of

1969 (42 U.S.C. 4321–4347), and has

determined that this action would not

have any effect on the quality of the

environment.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects

49 CFR Part 375

Advertising, Arbitration, Consumer

protection, Freight, Insurance, Motor

carriers, Moving of household goods,

Reporting and recordkeeping

requirements.

49 CFR Part 386

Administrative procedures,

Commercial motor vehicle safety,

Highway safety, Motor carriers.

Issued on: September 27, 2000.

Clyde J. Hart, Jr.,

Acting Deputy Administrator.

In consideration of the foregoing, the

FMCSA amends Title 49, Code of

Federal Regulations, Chapter III, parts

375 and 386 as set forth below:

PART 375—TRANSPORTATION OF

HOUSEHOLD GOODS IN INTERSTATE

OR FOREIGN COMMERCE

1. Revise the authority citation for

part 375 to read as follows:

Authority: 5 U.S.C. 553; 49 U.S.C. 13301

and 14104; and 49 CFR 1.73.

2. Revise § 375.1(b) to read as follows:

§ 375.1 Applicability and definitions.

* * * * *

(b) * * *

(1) Household goods. The term

‘‘household goods’’ means personal

effects and property used or to be used

in a dwelling when a part of the

equipment or supply of such dwelling

and such other similar property as the

FMCSA may provide by regulation;

except that this definition shall not

include property moving from a factory

or store, other than property that the

householder has purchased with the

intent to use in his or her dwelling and

is transported at the request of, and the

transportation charges are paid to the

carrier by the householder.

* * * * *

PART 386—RULES OF PRACTICE FOR

MOTOR CARRIER SAFETY AND

HAZARDOUS MATERIALS

PROCEEDINGS

3. The authority citation for part 386

is revised to read as follows:

Authority: 49 U.S.C. 113, Chapters 5, 51,

131–141, 145–149, 311 (Subchapter III), 313,

and 315, Pub. L. 104–134, title III, chapter 10,

Sec. 31001, par. (s), 110 Stat. 1321–373, and

49 CFR 1.45 and 1.73.

4. In § 386.72 revise paragraphs (a)

and (b)(1) to read as follows:

§ 386.72 Imminent hazard.

(a) Whenever it is determined that an

imminent hazard exists as a result of the

transportation by motor vehicle of a

particular hazardous material, the Chief

Counsel or Deputy Chief Counsel of the

FMCSA may bring, or request the

United States Attorney General to bring,

an action in the appropriate United

States District Court for an order

suspending or restricting the

transportation by motor vehicle of the

hazardous material or for such other

order as is necessary to eliminate or

ameliorate the imminent hazard, as

provided by 49 U.S.C. 5122. In this

paragraph, ‘‘imminent hazard’’ means

the existence of a condition that

presents a substantial likelihood that

death, serious illness, severe personal

injury, or a substantial endangerment to

health, property, or the environment

may occur before a notice of

investigation proceeding, or other

administrative hearing or formal

proceeding, to abate the risk of harm can

be completed.

(b)(1) Whenever it is determined that

a violation of 49 U.S.C. 31502 or the

Motor Carrier Safety Act of 1984, as

amended, or the Commercial Motor

Vehicle Safety Act of 1986, as amended,

or a regulation issued under such

section or Acts, or a combination of

such violations, poses an imminent

hazard to safety, the Director of the

Office of Enforcement and Compliance

or a State Director, or his or her

delegate, shall order a vehicle or

employee operating such vehicle out of

service, or order an employer to cease

all or part of the employer’s commercial

motor vehicle operations, as provided

by 49 U.S.C. 521(b)(5). In making any

such order, no restrictions shall be

imposed on any employee or employer

beyond that required to abate the

hazard. In this paragraph, ‘‘imminent

hazard’’ means any condition of vehicle,

employee, or commercial motor vehicle

operations which substantially increases

the likelihood of serious injury or death

if not discontinued immediately.

* * * * *

[FR Doc. 00–25260 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AG08

Migratory Bird Hunting; Migratory Bird

Hunting Regulations on Certain

Federal Indian Reservations and

Ceded Lands for the 2000–01 Late

Season

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58665

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 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 29, 2000.

ADDRESSES: You may inspect comments

on the special hunting regulations and

tribal proposals during normal business

hours in Room 634, Arlington Square

Building, 4401 N. Fairfax Drive,

Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Ron

W. Kokel, Division 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 18, 2000, Federal

Register (65 FR 50483), we proposed

special migratory bird hunting

regulations for the 2000–01 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 April 25, 2000, Federal

Register (65 FR 24260), we requested

that tribes desiring special hunting

regulations in the 2000–01 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 the 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 earlyand late-season hunting, this

rulemaking addresses only the lateseason proposals. Early-season

proposals were was addressed in the

September 1 Federal Register (65 FR

53190). 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 18 Federal Register, we

reviewed the status for various

populations for which 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, whitetipped 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 2000–01

waterfowl hunting season (August 22,

2000, Federal Register, 65 FR 51174).

The tribal seasons established below are

commensurate with the population

status.

Comments and Issues Concerning

Tribal Proposals

For the 2000–01 migratory bird

hunting season, we proposed

regulations for 25 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 have proposals with late seasons.

Comments and proposals are addressed

in the following section. The comment

period for the proposed rule, published

on August 18, 2000, closed on August

28, 2000.

We received one comment regarding

the notice of intent published on April

25, 2000, which announced rulemaking

on regulations for migratory bird

hunting by American Indian tribal

members. We responded to this

comment in the September 1 Federal

Register.

NEPA Consideration

Under 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.

58666 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

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 our Section 7

consultation are public documents

available for public inspection in the

Service’s Division of Endangered

Species and DMBM, 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

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

million 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 7/

31/2003). 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 Reform Act, 2

U.S.C. 1502 et seq., that this rulemaking

will not ‘‘significantly or uniquely’’

affect small governments, and will not

produce a Federal mandate of $100

million or more in any given year on

local or State government or private

entities. Therefore, this rule is not a

‘‘significant regulatory action’’ under

the Unfunded Mandates Reform Act.

Civil Justice Reform—Executive Order

12988

The Department, in promulgating this

rule, has determined that this rule will

not unduly burden the judicial system

and meets the requirements of sections

3(a) and 3(b)(2) of E.O. 12988.

Takings Implication Assessment

Under E.O. 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, under E.O.

13132, 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, under the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951) and 512

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58667

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

April 25, 2000, request for proposals

and the August 18, 2000, 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.

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.

(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 amended by

revising paragraphs (a), (b), (f), (g), (j),

(o), (p) and (r), and by adding

paragraphs (s) through (y) to read as set

forth below. (Current § 20.110 was

published at 65 FR 53193, September 1,

2000.)

§ 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, 2000; then open

November 17, 2000, close January 7,

2001.

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 7, 2000,

close January 21, 2001.

Daily Bag and Possession Limits:

Seven ducks, including no more than

one pintail, two redheads, two hen

mallards, four scaup, two goldeneyes,

two cinnamon teal, and one 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 18,

2000, end January 14, 2001.

Daily Bag and Possession Limits: Four

geese, including no more than two dark

(Canada) geese and three white (snow,

blue, Ross’s) geese. The possession limit

is eight.

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 16,

close October 22, 2000.

Daily Bag Limit: Three 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.

Ducks

Season Dates: Begin October 7, end

December 19, 2000.

Daily Bag and Possession Limits: Six

ducks, including no more than five

mallards (including no more than two

female mallards), one mottled duck, one

canvasback, two redheads, one pintail,

two scaup, and two wood ducks. The

possession limit is twice the daily bag

limit.

Mergansers

Season Dates: Same as ducks.

Daily Bag and Possession Limits: Five

mergansers, including no more than one

hooded merganser. The possession limit

is twice the daily bag limit.

Canada Geese

Season Dates: Begin October 21, 2000,

end January 23, 2001.

Daily Bag and Possession Limits:

Three and six, respectively.

White-Fronted Geese

Season Dates: Begin September 30,

end December 24, 2000.

Daily Bag and Possession Limits: Two

and four, respectively.

Light Geese

Season Dates: Begin September 30,

close December 24, 2000, then open

February 19, close March 10, 2000.

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

58668 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

Crow Creek Sioux Tribe also apply on

the reservation.

* * * * *

(f) Kalispel Tribe, Kalispel Reservation,

Usk, Washington (Tribal Members and

Non-Tribal Hunters)

Tribal Members

Ducks

Season Dates: Open September 15,

2000, close January 31, 2001.

Daily Bag and Possession Limits:

Seven ducks, including no more than

one pintail, two hen mallards, four

scaup, and one canvasback.

Geese

Season Dates: Open September 1,

2000, close January 31, 2001.

Daily Bag and Possession Limits: Four

geese, including four dark geese but not

more than three 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 September 30,

2000, close January 21, 2001. During

this period, days to be hunted are

specified by the Kalispel Tribe as

weekends, holidays and for a

continuous period in the months of

December and January. Non-tribal

hunters should contact the tribe for

more detail on hunting days.

Daily Bag and Possession Limits:

Seven ducks, including no more than

one pintail, two hen mallards, two

redheads, four scaup, and one

canvasback.

Geese

Season Dates: Begin September 30,

2000, close January 21, 2001. During

this period, days to be hunted are

specified by the Kalispel Tribe as

weekends, holidays and for a

continuous period in the months of

December and January. Non-tribal

hunters should contact the tribe for

more detail on hunting days.

Daily Bag and Possession Limits: Four

geese, including four dark geese but not

more than three 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) Little River Band of Ottawa Indians,

Manistee, Michigan (Tribal Members

Only)

Ducks

Season Dates: Begin September 30,

end November 28, 2000.

Daily Bag Limits: Six ducks, including

no more than four mallards (only one of

which may be a hen), three scaup, one

black duck, two redheads, two wood

ducks, one pintail, and one canvasback.

Mergansers

Season Dates: Same as ducks.

Daily Bag and Possession Limits: Five

mergansers, including no more than one

hooded merganser. The possession limit

is twice the daily bag limit.

Coots and Common Moorhens (Common

Gallinules)

Season Dates: Begin September 30,

end November 28, 2000.

Daily Bag Limit: 15 coots and

common moorhens (common

gallinules), singly or in the aggregate.

Canada Geese

Season Dates: Open September 1,

close September 15, then open

September 17, close October 4, 2000.

Daily Bag Limits: Five geese in the

first portion and two geese thereafter.

Other Geese

Season Dates: Same as for ducks.

Daily Bag Limits: Ten geese, including

no more than two whitefronts or two

brant.

Rails, Snipe, and Woodcock

Season Dates: Open September 15,

close November 14, 2000.

Daily Bag Limit: 25 rails, 8 snipe, and

3 woodcock.

General: Possession limits are twice

the daily bag limit, except for rails,

which are equal to the daily bag limit.

* * * * *

(j) Navajo Indian Reservation, Window

Rock, Arizona (Tribal Members and

Nonmembers)

Band-Tailed Pigeons

Season Dates: Open September 1,

close September 30, 2000.

Daily Bag and Possession Limits: 5

and 10 pigeons, respectively.

Mourning Doves

Season Dates: Open September 1,

close September 30, 2000.

Daily Bag and Possession Limits: 10

and 20 doves, respectively.

Ducks (Including Mergansers)

Season Dates: Begin September 30,

2000, close January 14, 2001.

Daily Bag and Possession Limits:

Seven ducks, including no more than

two hen mallards, one pintail, one

canvasback, four scaup, and two

redheads. The possession limit is twice

the daily bag limit.

Dark Geese

Season Dates: Begin September 30,

2000, end January 7, 2001.

Daily Bag and Possession Limits:

Three and six 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 nontribal 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 stamp

face. Special regulations established by

the Navajo Nation also apply on the

reservation.

* * * * *

(o) Tulalip Tribes of Washington,

Tulalip Indian Reservation, Marysville,

Washington (Tribal Members and NonTribal Hunters)

Tribal Members

Ducks/Coot

Season Dates: Open September 15,

2000, and close February 1, 2001.

Daily Bag and Possession Limits: 6

and 12 birds, 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,

2000, and close February 1, 2001.

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 under

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 7, 2000,

end January 21, 2001.

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58669

Daily Bag and Possession Limits:

Seven ducks, including no more than

two hen mallards, one pintail, one

canvasback, four scaup, and two

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 14, 2000,

end January 21, 2001.

Daily Bag and Possession Limits: Four

geese, including four dark geese but no

more than three light geese. The

possession limit is twice the daily bag

limit.

Brant

Season Dates: Begin January 6, end

January 21, 2001.

Daily Bag and Possession Limits: Two

and four brant, 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 under

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.

(p) Wampanoag Tribe of Gay Head,

Aquinnah, Massachusetts (Tribal

Members Only)

Ducks

Season Dates: Open October 10, 2000,

and close January 20, 2001.

Daily Bag and Possession Limits: Six

ducks, including no more than two hen

mallards, two black ducks (one black

duck from December 2 to December 9,

2000), two mottled ducks, one fulvous

whistling duck, four mergansers, three

scaup, one hooded merganser, two

wood ducks, one canvasback, two

redheads, one pintail, and one hen

eider. The season is closed for harlequin

ducks. In addition to the daily duck bag

limit, a daily bag limit of six teal is

allowed.

Sea Ducks

Season Dates: Open October 14, 2000,

and close January 6, 2001.

Daily Bag and Possession Limits:

Seven ducks including no more than

four of any one species.

Geese

Season Dates: Open September 19,

2000, and close January 20, 2001.

Daily Bag and Possession Limits: 4

Canada geese and 15 snow geese.

Woodcock

Season Dates: Open October 14, and

close November 15, 2000.

Daily Bag and Possession Limits:

Three woodcock.

General Conditions: Shooting hours

are one-half hour before sunrise to

sunset. Non-toxic shot is required.

Tribal members will observe all basic

Federal migratory bird hunting

regulations contained in 50 CFR part 20.

* * * * *

(r) White Mountain Apache Tribe, Fort

Apache Indian Reservation, Whiteriver,

Arizona (Tribal Members and NonTribal Hunters)

Band-Tailed Pigeons

Season Dates: Open September 6,

close September 20, 2000.

Daily Bag and Possession Limits:

Three and six pigeons, respectively.

Mourning Doves

Season Dates: Open September 6,

close September 20, 2000.

Daily Bag and Possession Limits: 10

and 20 doves, respectively.

Ducks (Including Mergansers)

Season Dates: Begin October 21, 2000,

end January 21, 2001.

Daily Bag and Possession Limits: Four

ducks, including no more than three

mallards (including no more than one

hen mallard), two redheads or one

canvasback and one redhead, and one

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: Begin October 21, 2000,

end January 12, 2001.

Bag and Possession Limits: Three and

six, 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 River west

of the Bonito Creek and Black River

confluence and the entire length of the

Salt River 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, 5, 6, and 7. Tanks

located below the Mogollon Rim, within

Wildlife Management Units 2 and 3 will

be open to waterfowl hunting during the

2000–01 season. All other waters of the

reservation will be closed to waterfowl

hunting for the 2000–01 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.

(s) Confederated Salish and Kootenai

Tribes, Flathead Indian Reservation,

Pablo, Montana (Non-Tribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin September 30,

2000, end January 14, 2001.

Daily Bag and Possession Limits:

Seven ducks, including no more than

two hen mallards, one pintail, one

canvasback, four scaup, and two

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 September 30,

2000, end January 7, 2001.

Daily Bag and Possession Limits: Four

and eight geese, respectively.

Light Geese

Season Dates: Begin September 30,

2000, end January 7, 2001.

Daily Bag and Possession Limits:

Three and six geese, respectively.

58670 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

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.

(t) Jicarilla Apache Tribe, Jicarilla

Indian Reservation, Dulce, New Mexico

(Tribal Members and Non-Tribal

Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 7, end

November 30, 2000.

Daily Bag and Possession Limits: The

daily bag limit is seven, including no

more than two hen mallards, one

pintail, two redheads, four scaup, and

one canvasback. The possession limit is

twice the daily bag limit.

Canada Geese

Season Dates: Begin October 7, end

November 30, 2000.

Daily Bag and Possession Limits: Two

and four, respectively.

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

face. Special regulations established by

the Jicarilla Tribe also apply on the

reservation.

(u) Klamath Tribe, Chiloquin, Oregon

(Tribal Members Only)

Ducks

Season Dates: Begin October 1, 2000,

end January 28, 2001.

Daily Bag and Possession Limits: 9

and 18 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

its game management officers, biologists

and wildlife technicians with

regulations enforcement authority, and

has a court system with judges that hear

cases and set fines.

(v) Lower Brule Sioux Tribe, Lower

Brule Reservation, Lower Brule, South

Dakota (Tribal Members and NonTribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 7, 2000,

end January 11, 2001.

Daily Bag and Possession Limits: Six

ducks, including no more than five

mallards (only one of which may be a

hen), one pintail, three scaup, one

mottled duck, two redheads, one

canvasback, two wood ducks, and one

hooded merganser. The possession limit

is twice the daily bag limit.

Canada Geese

Season Dates: Begin October 14, 2000,

end January 16, 2001.

Daily Bag and Possession Limits:

Three geese. The possession limit is

twice the daily bag limit.

White-Fronted Geese

Season Dates: Begin October 14, 2000,

end January 7, 2001.

Daily Bag and Possession Limits: Two

geese. The possession limit is twice the

daily bag limit.

Light Geese

Season Dates: Begin October 14, 2000,

end January 14, 2001, then begin

February 24, end March 9, 2001.

Daily Bag Limit: 20 geese.

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 Bird 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.

(w) Shoshone-Bannock Tribes, Fort

Hall Indian Reservation, Fort Hall,

Idaho (Non-Tribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 7, 2000,

end January 19, 2001.

Daily Bag and Possession Limits:

Seven ducks, including no more than

two hen mallards, one pintail, one

canvasback, one scaup, and two

redheads. The possession limit is twice

the daily bag limit.

Mergansers

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 5

and 10 mergansers, respectively.

Coots

Season Dates: Same as ducks.

Daily Bag and Possession Limits: 10

and 20 coots, respectively.

Geese

Season Dates: Begin October 14, 2000,

end January 19, 2001.

Daily Bag and Possession Limits: Four

geese, including not more than three

light geese or two 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.

(x) Swinomish Indian Tribal

Community, LaConner, Washington

(Tribal Members Only)

Ducks (Including Mergansers)

Season Dates: Begin September 30,

2000, end February 21, 2001.

Daily Bag and Possession Limits: 10

ducks, including no more than 2 hen

mallards, 1 pintail, 1 canvasback, 4

scaup, 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: Same as ducks.

Daily Bag and Possession Limits:

Seven geese, including seven dark geese

but no more than six 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.

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58671

(y) Yankton Sioux Tribe, Marty, South

Dakota (Tribal Members and NonTribal Hunters)

Ducks (Including Mergansers)

Season Dates: Begin October 14, end

December 26, 2000.

Daily Bag and Possession Limits: Six

ducks, including no more than five

mallards (no more than two hen

mallards), two redheads, one pintail,

one hooded merganser, one canvasback,

three scaup, and two 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 28, 2000,

end January 30, 2001.

Daily Bag and Possession Limits:

Three geese, including no more than

one white-fronted goose (or brant). The

possession limit is twice the daily bag

limit.

Light Geese

Season Dates: Begin October 28, 2000,

end February 11, 2001.

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 27, 2000.

Stephen C. Saunders,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 00–25177 Filed 9–27–00; 3:38 pm]

BILLING CODE 4310–55–P