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Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2003-04 Late Season
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 29, 2003 (Volume 68, Number 188)]
[Rules and Regulations]
[Page 56101-56110]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se03-30]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AI93
Migratory Bird Hunting; Regulations on Certain Federal Indian
Reservations and Ceded Lands for the 2003-04 Late Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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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 27, 2003.
ADDRESSES: You may inspect comments on the special hunting regulations
and tribal proposals during normal business hours in room 4107,
Arlington Square Building, 4501 N. Fairfax Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Tina Chouinard, Division of Migratory
Bird Management, U.S. Fish and Wildlife Service, (318/305-0643), or Ron
W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife
Service, (703/358-1967).
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 a proposed rule published in the August 8, 2003, Federal
Register (68 FR 47424), we proposed special migratory bird hunting
regulations for the 2003-04 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 a proposed rule published in the May 6, 2003, Federal Register
(68 FR 24324), we requested that tribes desiring special hunting
regulations in the 2003-04 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 the 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 August 8, 2003, proposed rule included generalized
regulations for both early- and late-season hunting, this rulemaking
addresses only the late-season proposals. Early-season proposals were
addressed in a final rule published in the August 29 Federal Register
(68 FR 55660). 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 September 24 or later each
year and have a primary emphasis on waterfowl.
Status of Populations
In the August 8, 2003, proposed rule, 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-winged teal, sandhill
cranes, woodcock, mourning doves, white-winged doves, white-tipped
doves, and band-tailed pigeons. The tribal seasons established below
are commensurate with the population status.
Comments and Issues Concerning Tribal Proposals
For the 2003-04 migratory bird hunting season, we proposed
regulations for 29 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; 19 tribes have
proposals with late seasons. Proposals are addressed in the following
section. The comment period for the proposed rule, published on August
8, 2003, closed on August 18, 2003, however, we did not receive any
comments. We received one comment regarding the notice of intent
published on May 6, 2003, which announced rulemaking on regulations for
migratory bird hunting by American Indian tribal members. We responded
to this comment in the August 29 final 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
[[Page 56103]]
22727). Copies of these documents are available from us at the address
indicated under 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 this Section 7
consultation are public documents available for public inspection in
the Service's Division of Endangered Species and MBM, at the address
indicated under ADDRESSES.
Executive Order 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 Executive
Order 12866. This rule is a small portion of the overall migratory bird
hunting frameworks and was not individually submitted and reviewed by
OMB under Executive Order 12866. As such, a cost/benefit analysis was
initially prepared in 1981. This analysis was subsequently revised
annually from 1990-96, and then updated in 1998. We will update again
in 2004. It is further discussed below under the heading Regulatory
Flexibility Act. Results from the 1998 analysis indicate that the
expected welfare benefit of the annual migratory bird hunting
frameworks is on the order of $50 to $192 million. Copies of the cost/
benefit analysis are available upon request from the address indicated
under 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 as part of the
1981 cost-benefit analysis discussed under Executive Order 12866. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996 and 1998 and will be updated in 2004. 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 1998 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 billion at small
businesses in 2003. Copies of the Analysis are available upon request
from the address indicated under ADDRESSES.
Energy Effects--Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This rule is not
expected to adversely affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
Small Business Regulatory Enforcement Fairness Act
The annual migratory bird hunting regulations constitute a major
rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement
Fairness Act. For the reasons outlined above, this series of rules has
an annual effect on the economy of $100 million or more. However,
because these rules establish hunting seasons, we do not plan to defer
the effective date of this rule 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 10/31/2004). This information is
used to provide a sampling frame for voluntary national surveys to
improve our harvest estmates 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 10/31/2004). The
information from this survey is used to estimate the magnitude and 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 it
will not unduly burden the judicial system and meets the requirements
of sections 3(a) and 3(B)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, the annual migratory bird
hunting 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.
[[Page 56104]]
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
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, in accordance with the President's
memorandum of April 29, 1994, ``Government-to-Government Relations with
Native American Tribal Governments'' (59 FR 22951), November 6, 2000,
(3 CFR 2000 Comp., p. 304), Executive Order 13175, 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 6, 2003, request for proposals and the August 8,
2003, 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 nontribal 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 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, Pub. L. 106-
108.
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), (h),
(k), (l), (o), (p), (q), and (s) and by adding paragraphs (t) through
(bb) to read as set forth below. (Current Sec. 20.110 was published at
68 FR 51923, August 29, 2003.)
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
Nontribal Hunters)
Doves
Season Dates: Open September 1, close September 15, 2003; then open
November 15, 2003, close December 29, 2004.
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: Open October 11, 2003, close January 25, 2004.
Daily Bag and Possession Limits: Seven ducks, including two hen
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon
teal, and four scaup. The seasons on canvasback and pintail are closed.
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: Open October 18, 2003, close January 25, 2004.
Daily Bag and Possession Limits: Four geese, including no more than
three dark (Canada) geese and three white (snow, blue, Ross's) geese.
The possession limit is six dark geese and six white geese.
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 Nontribal Hunters)
Sandhill Cranes
Season Dates: Open September 13, close October 19, 2003.
Daily Bag Limit: Three sandhill cranes.
[[Page 56105]]
Doves
Season Dates: Open September 1, close October 30, 2003
Daily Bag Limit: 15 mourning doves.
Permits: Each person participating in the sandhill crane season
must have a valid Federal sandhill crane hunting permit in their
possession while hunting.
Ducks
Pintail: Open October 4, close December 2, 2003.
Other ducks: Open October 4, close December 16, 2003.
Daily Bag and Possession Limits: Six ducks, including no more than
five mallards (including no more than two female mallards), two
redheads, one pintail (when open), three scaup, and two wood ducks. The
season on canvasbacks is closed. 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: Open October 18, 2003, close January 20, 2004.
Daily Bag and Possession Limits: Three and six, respectively.
White-Fronted Geese
Season Dates: Open September 27, close December 21, 2003.
Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
Season Dates: Open September 27, 2003, close January 1, 2004.
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 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.
* * * * *
(f) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal Hunters)
Nontribal Hunters on Reservation
Ducks
Season Dates: Open September 27, 2003, close January 25, 2004.
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 October and November. Nontribal hunters should contact the Tribe for
more detail on hunting days.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 4 scaup, and 2 redheads. The seasons on canvasbacks
and pintail are closed. The possession limit is twice the daily bag
limit.
Geese
Season Dates: Open September 1, 2003, close September 15, 2003, for
the early-season, and open October 4, 2003, close January 25, 2004, for
the late-season. During this period, days to be hunted are specified by
the Kalispel Tribe. Nontribal hunters should contact the Tribe for more
detail on hunting days.
Daily Bag and Possession Limits: 5 and 10, respectively, for the
early season, and 3 light geese and 4 dark geese, for the late season.
The daily bag limit is 2 brant and is in addition to dark goose limits
for the late-season. The possession limit is twice the daily bag limit.
Tribal Hunters Within Kalispel Ceded Lands
Ducks
Season Dates: Open September 15, 2003, close January 26, 2004.
Daily Bag and Possession Limits: 7 ducks, including no more than 2
female mallards, 4 scaup, and 2 redheads. The seasons on canvasbacks
and pintail are closed. The possession limit is twice the daily bag
limit.
Geese
Season Dates: Open September 1, 2003, close January 31, 2004.
Daily Bag and Possession Limits: 3 light geese and 4 dark geese.
The daily bag limit is 2 brant and is in addition to dark goose limits.
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. Hunters
must observe all State and Federal regulations, such as those contained
in 50 CFR part 20.
* * * * *
(h) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only)
Ducks
Season Dates: Open September 29, close December 5, 2003.
Daily Bag and Possession Limits: Eight ducks, including no more
than five mallards (only one of which may be a hen), three scaup, one
black duck, two redheads, two wood ducks, one canvasback, and one
pintail. 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, only two of which can be hooded mergansers.
Coots and Common Moorhens (Common Gallinules)
Season Dates: Open September 29, close December 5, 2003.
Daily Bag and Possession Limits: 12 coots and common moorhens
(common gallinules), singly or in the aggregate. The possession limit
is twice the daily bag limit.
Canada Geese, White-Fronted Geese, Snow Geese, Ross Geese, and Brant
Season Dates: Open September 1, close November 30, 2003 for all
species, and open for Canada geese only, January 1, close February 7,
2004.
Daily Bag and Possession Limits: 5 Canada geese and a combination
of 10 of all other species. The possession limit is twice the daily bag
limit.
Rails, Snipe, and Woodcock
Season Dates: Open September 1, close November 14, 2003.
Daily Bag and Possession Limits: 10 rails, 10 snipe, and 5
woodcock. The possession limit is twice the daily bag limit.
Mourning Doves
Season Dates: Open September 15, close November 14, 2003.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
General:
A. All tribal members will be required to obtain a valid tribal
resource card and 2004-04 hunting license.
B. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20.
C. Particular regulations of note include:
[[Page 56106]]
(1) Nontoxic shot will be required for all waterfowl hunting by
tribal members.
(2) Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
(3) 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.
D. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
* * * * *
(k) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and
Nonmembers)
Band-Tailed Pigeons
Season Dates: Open September 1, close September 30, 2003.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 30, 2003.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers)
Pintails: Open September 27, 2003, close November 25, 2003.
Other ducks: Open September 27, 2003, close January 11, 2004.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail (when open), four scaup, and two
redheads. The season on canvasbacks is closed. 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 moorhens, singly or
in the aggregate.
Dark Geese
Season Dates: Open September 27, 2003, close January 5, 2004.
Daily Bag and Possession Limits: Four and eight geese,
respectively.
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.
(l) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only).
Ducks (Including Mergansers)
Season Dates: September 27, close November 21, 2003, and open
December 1, close December 7, 2003.
Daily Bag and Possession Limits: Six, including no more than six
mallards (three hen mallards), five wood ducks, one redhead, two
pintail, and one hooded merganser. The possession limit is twice the
daily bag limit.
Geese
Season Dates: Open September 1, close November 22, 2003, and open
December 1, close December 31, 2003.
Daily Bag and Possession Limits: Three and six Canada geese,
respectively. Hunters will be issued three tribal tags for geese in
order to monitor goose harvest. An additional three tags will be issued
each time birds are registered. 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 13, close November 16, 2003.
Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.
General Conditions: Tribal member shooting hours be one-half hour
before sunrise to one-half hour after sunset. Nontribal members hunting
on the Reservation or on lands under the jurisdiction of the Tribe must
comply with all State of Wisconsin regulations, including season dates,
shooting hours, and bag limits which differ from tribal member seasons.
Tribal members and nontribal members hunting on the Reservation or on
lands under the jurisdiction of the Tribe will observe all basic
Federal migratory bird hunting regulations found in 50 CFR part 20,
with the following exceptions: Tribal members are exempt from the
purchase of the Migratory Waterfowl Hunting and Conservation Stamp
(Duck Stamp); and shotgun capacity is not limited to three shells.
* * * * *
(o) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Nontribal Hunters)
Tribal Members
Ducks (Including Coots and Mergansers)
Season Dates: Open September 15, 2003, and close February 29, 2004.
Daily Bag and Possession Limits: 7 and 14 ducks, respectively,
except that bag and possession limits may include no more than 2 female
mallards, 1 pintail, 4 scaup, and 2 redheads. The season on canvasbacks
is closed.
Geese
Season Dates: Open September 15, 2003, and close February 29, 2004.
Daily Bag and Possession Limits: 7 and 14 geese, respectively;
except that the bag limits may not include more than 2 brant and 1
cackling Canada goose. The Tribes also set a maximum annual bag limit
on ducks and geese for those tribal members who engage in subsistence
hunting of 365 ducks and 365 geese.
Snipe
Season Dates: Open September 15, 2003, through February 29, 2004.
Daily Bag and Possession Limits: 8 and 16, respectively.
Nontribal Hunters
Ducks
Pintails: The season on pintails is the same as that established by
the State of Washington, under final Federal frameworks, to be
announced.
Other ducks: Open October 12, 2003, close January 26, 2004.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail (when open), four scaup, and two
redheads. The season on canvasbacks is closed. The possession limit is
twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 and 50, respectively.
Geese
Season Dates: Open October 19, 2003, close January 26, 2004.
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: Open January 11, 2004, close January 26, 2004.
[[Page 56107]]
Daily Bag and Possession Limits: Two and four brant, respectively.
Snipe
Season Dates: Open November 14, 2003, close February 28, 2004.
Daily Bag and Possession Limits: 8 and 16, respectively.
General Conditions: All hunters on Tulalip Tribal lands are
required to adhere to shooting hour regulations set at one-half hour
before sunrise to sunset, special tribal permit requirements, and a
number of other tribal regulations enforced by the Tribe. Nontribal
hunters 16 years of age and older, hunting pursuant to Tulalip Tribes'
Ordinance No. 67, must possess a valid Federal Migratory Bird Hunting
and Conservation Stamp and a valid State of Washington Migratory
Waterfowl Stamp. Both stamps must be validated by signing across the
face of the stamp. Other tribal regulations apply, and may be obtained
at the tribal office in Marysville, Washington.
(p) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only)
Pintails
Season Dates: Open November 1, 2003, close December 30, 2003.
Ducks
Season Dates: Open November 1, 2003, close February 8, 2004.
Daily Bag and Possession Limits: 15 and 20, respectively. The
season on canvasbacks is closed.
Coots
Season Dates: Open November 1, 2003, close February 8, 2004.
Daily Bag and Possession Limits: 20 and 30, respectively.
Geese
Season Dates: Open November 1, 2003, close February 8, 2004.
Daily Bag and Possession Limits: The daily bag limits are seven
geese and five brant. The possession limits for geese and brant are
seven and five, respectively.
Mourning Dove
Season Dates: Open September 1, end December 31, 2003.
Daily Bag and Possession Limits: 12 and 20 mourning doves,
respectively.
Tribal members must have the tribal identification and harvest
report card on their person to hunt. Tribal members hunting on the
Reservation will observe all basic Federal migratory bird hunting
regulations found in 50 CFR, except shooting hours would be one-half
hour before official sunrise to one-half hour after official sunset.
(q) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)
Teal
Season Dates: Open October 18, 2003, close January 31, 2004.
Daily Bag Limit: Six Teal.
Ducks
Season Dates: Open November 1, 2003, and close February 28, 2004.
Daily Bag Limit: Six ducks, including no more than two hen
mallards, two black ducks, 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.
Sea Ducks
Season Dates: Open October 18, 2003, and close February 28, 2004.
Daily Bag Limit: Seven ducks including no more than four of any one
species.
Geese
Season Dates: Open September 13, 2003, and close September 27,
2003, and open November 1, 2003, close February 28, 2004.
Daily Bag Limits: 5 Canada geese during the first period, 3 during
the second, and 15 snow geese.
Woodcock
Season Dates: Open October 18, 2003, and close November 29, 2003.
Daily Bag Limit: Three woodcock.
General Conditions: Shooting hours are one-half hour before sunrise
to sunset. Nontoxic shot is required. Tribal members will observe all
basic Federal migratory bird hunting regulations contained in 50 CFR.
* * * * *
(s) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 in Wildlife Management Unit 7, Only)
Season Dates: Open September 3, close September 17, 2003.
Daily Bag and Possession Limits: Three and six pigeons,
respectively.
Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 in
Wildlife Management Unit 7, Only)
Season Dates: Open September 3, close September 17, 2003.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks (Including Mergansers)
Pintails and Canvasbacks: Open October 11, 2003, close December 9,
2003.
Other ducks: Open October 11, 2003, close January 25, 2004.
Daily Bag and Possession Limits: Four ducks, including no more than
three mallards (including no more than one hen mallard), two redheads,
one canvasback (when open), and one pintail (when open). 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: Open October 11, 2003, close January 25, 2004.
Bag and Possession Limits: Three and six, respectively.
General Conditions: All nontribal 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 nontribal 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 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, 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 2003-04 season. The length of the Black
River east of the Black River/Bonito Creek confluence is closed to
waterfowl
[[Page 56108]]
hunting. All other waters of the reservation would be closed to
waterfowl hunting for the 2003-04 season.
(t) Bois Forte Band of Chippewa, Nett Lake, Minnesota (Tribal Members
and Nontribal Hunters)
Ducks
Pintails and Canvasbacks (For nontribal hunters only): Open
September 27, 2003, close October 26, 2003.
Other ducks: Open September 27, 2003, close November 25, 2003,
except shooting hours on opening day and for every hunting day for the
remainder of the season would be one-half hour before sunrise and
continue to one-half hour after sunset for tribal members. Nontribal
shooting hours will go from one-half hour before sunrise to sunset on
reservation.
Daily Bag Limits and Possession Limits: The daily bag limit is 6
ducks, including no more than 4 mallards (no more than 2 of which may
be females), 3 mottled ducks, 3 scaup, 1 black duck, 1 pintail, 1
canvasback, 2 wood ducks, and 2 redheads. The possession limit is twice
the daily bag limit.
The Band's Conservation Department regulates nontribal harvest
limits under the following regulations: (1) Nontribal hunters must be
accompanied at all times by a Band Member guide; (2) Nontribal hunters
must have in their possession a valid small game hunting license, a
Federal migratory waterfowl stamp, and a Minnesota State waterfowl
stamp; (3) Nontribal hunters and Band Members must have only Service-
approved nontoxic shot in possession at all times; (4) Nontribal
hunters must conform to possession limits established and regulated by
the State of Minnesota and the Bois Forte Band.
(u) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Nontribal Hunters)
Ducks (Including Mergansers)
Pintails and Canvasbacks: Open October 4, close December 2, 2003.
Other ducks: Open October 4, 2003, close January 16, 2004.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail (when open), four scaup, and two
redheads. The season on canvasback is closed. 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: Open October 4, 2003, close January 16, 2004.
Daily Bag and Possession Limits: Four and eight geese,
respectively.
Light Geese
Season Dates: Open October 4, 2003, close January 16, 2004.
Daily Bag and Possession Limits: Three and six geese, respectively.
Youth Waterfowl Hunt
Season Dates: September 27-28, 2003.
Daily Bag and Possession Limits: Same as ducks but includes one
pintail.
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.
(v) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)
Pintail
Season Dates: Open September 27, close November 25, 2003.
Other Ducks (Including Mergansers)
Season Dates: Open September 27, close November 30, 2003.
Daily Bag and Possession Limits: The daily bag limit is seven,
including no more than two hen mallards, one pintail, two redheads, and
four scaup. The season on canvasbacks is closed. The possession limit
is twice the daily bag limit.
Canada Geese
Season Dates: Open September 27, close November 30, 2003.
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.
(w) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
Ducks
Season Dates: Open October 1, 2003, close January 28, 2004.
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 regulatory enforcement
authority, and has a court system with judges that hear cases and set
fines.
(x) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
Tribal Members
Ducks (Including Mergansers and Coots)
Season Dates: Open October 4, 2003, close March 9, 2004.
Daily Bag and Possession Limits: Six ducks, including no more than
five mallards (only one of which may be a hen), three scaup, one
mottled duck, two redheads, two wood ducks, one canvasback, and one
pintail. Coot daily bag limit is 15. Merganser daily bag limit is five,
including no more than one hooded merganser. The possession limit is
twice the daily bag limit.
Canada Geese
Season Dates: Open October 18, 2003, close March 9, 2004.
Daily Bag and Possession Limits: Three and six, respectively.
White-Fronted Geese
Season Dates: Open October 18, 2003, close March 9, 2004.
Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
Season Dates: Open October 18, 2003, close March 9, 2004.
Daily Bag and Possession Limits: 20 and 40, respectively.
Youth Waterfowl Hunt
Season Dates: Open September 27, close September 28, 2003.
Daily Bag and Possession Limits: Same as above.
[[Page 56109]]
Nontribal Hunters
Pintail
Season Dates: Open October 4, 2003, close November 11, 2003.
Other Ducks (Including Mergansers and Coots)
Season Dates: Open October 4, 2003, close January 8, 2004.
Daily Bag and Possession Limits: Six ducks, including no more than
five mallards (only one of which may be a hen), three scaup, one
mottled duck, two redheads, two wood ducks, and one pintail (when
open). The season on canvasbacks is closed. Coot daily bag limit is 15.
Merganser daily bag limit is five, including no more than one hooded
merganser. The possession limit is twice the daily bag limit.
Canada Geese
Season Dates: Open October 18, 2003, close January 20, 2004.
Daily Bag and Possession Limits: Three and six, respectively.
White-Fronted Geese
Season Dates: Open October 18, 2003, close January 11, 2004.
Daily Bag and Possession Limits: Two and four, respectively.
Light Geese
Season Dates: Open October 18, 2003, close January 17, 2004, and
February 26, 2004, close March 10, 2004.
Daily Bag and Possession Limits: 20 and 40, respectively.
Youth Waterfowl Hunt
Season Dates: Open September 27, close September 28, 2003.
Daily Bag and Possession Limits: Same as above.
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.
(y) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Nontribal Hunters)
Pintails and Canvasbacks
Season Dates: Open October 4, 2003, close December 2, 2003.
Other Ducks
Season Dates: Open October 4, 2003, close January 11, 2004.
Daily Bag and Possession Limits: Seven ducks, including no more
than two hen mallards, one pintail (when open), one canvasback (when
open), 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: Open October 4, 2003, close January 4, 2004.
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: 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.
(z) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only)
Pintails
Season dates: Open October 1, 2003, close November 30, 2003.
Ducks (Including Mergansers)
Season Dates: Open October 1, 2003, close January 31, 2004.
Daily Bag and Possession Limits: 10 including no more than five hen
mallards, two pintail, seven scaup, and five redheads. The season on
canvasbacks is closed. The possession limit is twice the daily bag
limit.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: Six and twelve, respectively. The
daily bag limit on brant is three.
Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 10 and 20, respectively.
Tribal members hunting on lands under this proposal will observe
all basic Federal migratory bird hunting regulations found in 50 CFR
part 20, which will be enforced by the Stillaguamish Tribal Law
Enforcement. Tribal members are required to use steel shot or a
nontoxic shot as required by Federal regulations.
(aa) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
Off Reservation
Ducks (Including Mergansers)
Season Dates: Open September 27, 2003, close February 25, 2004.
Daily Bag and Possession Limits: 10 ducks, including no more than 5
hen mallards, 4 pintail, 7 scaup, and 5 redheads. The season on
canvasbacks is closed. 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.
On Reservation
Ducks (Including Mergansers)
Season Dates: Open September 27, 2003, close March 9, 2004.
Daily Bag and Possession Limits: 10 ducks, including no more than 5
hen mallards, 4 pintail, 7 scaup, and 5 redheads. The season on
canvasbacks is closed. 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.
[[Page 56110]]
Daily Bag and Possession Limits: 5 and 10 brant, respectively.
General Conditions: Steps will be taken to limit level of harvest,
where it could be shown that failure to limit such harvest would
seriously impact the migratory bird resource. Tribal members hunting on
lands under this proposal will observe all basic Federal migratory bird
hunting regulations found in 50 CFR part 20, which will be enforced by
the Swinomish Tribal Fish and Game.
(bb) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)
Ducks (Including Mergansers)
Pintails and Canvasbacks: Open October 9, close November 16, 2003.
Other ducks: Open October 9, close December 21, 2003.
Daily Bag and Possession Limits: Six ducks, including no more than
five mallards (no more than two hen mallards), two redheads, one
canvasback (when open), one pintail (when open), three scaup, and two
wood ducks. The daily bag limit for mergansers is five, of which no
more than one can be a hooded merganser. The possession limit is twice
the daily bag limit.
Coots
Season Dates: Same as other ducks.
Daily Bag and Possession Limits: 15 and 30 coots, respectively.
Dark Geese
Season Dates: Open October 29, 2003, close January 31, 2004.
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: Open October 29, 2003, close January 19, 2004.
Daily Bag and Possession Limits: 20 geese daily, 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 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 Yankton Sioux Tribe
also apply on the reservation.
Dated: September 15, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-24424 Filed 9-26-03; 8:45 am]
BILLING CODE 4310-55-P