94-8318. Indian Moneys, Proceeds of Labor (IMPL)  

  • [Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-8318]
    
    
    [[Page Unknown]]
    
    [Federal Register: April 7, 1994]
    
    
    _______________________________________________________________________
    
    Part VII
    
    
    
    
    
    Department of the Interior
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Bureau of Indian Affairs
    
    
    
    _______________________________________________________________________
    
    
    
    25 CFR Part 113
    
    
    
    Indian Moneys, Proceeds of Labor;
    
    
    
    Proposed Rule
    DEPARTMENT OF THE INTERIOR
    
    Bureau of Indian Affairs
    
    25 CFR Part 113
    
    RIN: 1076-AC86
    
     
    
    Indian Moneys, Proceeds of Labor (IMPL)
    
    AGENCY: Bureau of Indian Affairs, Interior.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to delete the 
    regulations contained in the Code of Federal Regulations pursuant to 
    the public law which suspended all deposits to Indian Monies, Proceeds 
    of Labor (IMPL) accounts after September 30, 1982. The law eliminated 
    the use of IMPL accounts, and since these accounts are no longer in 
    use, they will be removed from the BIA accounting system.
    
    DATES: Comments must be received before May 9, 1994.
    
    ADDRESSES: Written comments should be directed to the Bureau of Indian 
    Affairs, Office of Trust Funds Management, 505 Marquette NW., suite 
    700, Albuquerque, NM 87102.
    
    FOR FURTHER INFORMATION CONTACT:
    Mr. Jim Parris, Bureau of Indian Affairs, Office of Trust Funds 
    Management, 505 Marquette NW., suite 700, Albuquerque, NM 87102, 
    Telephone Number 505-766-3233.
    
    SUPPLEMENTARY INFORMATION: This proposed rule is published in exercise 
    of authority delegated by the Secretary of the Interior to the 
    Assistant Secretary-Indian Affairs by 209 DM 8.
        This proposed rulemaking action will delete part 113 of subchapter 
    G of chapter I of title 25 of the Code of Federal Regulations, which 
    contains regulations governing Indian Monies, Proceeds of Labor (IMPL) 
    established under the Act of March 3, 1883, as amended (25 U.S.C. 155).
        Pursuant to the amendments contained in Public Law 197-257, title 
    I, section 100, 25 U.S.C. 155 B, which provided that, ``No funds shall 
    be deposited in such `Indian monies, proceeds of labor' (IMPL) accounts 
    after September 30, 1982,'' all deposits to IMPL accounts were 
    discontinued. The unobligated IMPL balances at the close of business on 
    September 30, 1982, including the income resulting from investment of 
    funds from such accounts prior to such date, were transferred to and 
    held in escrow accounts. After consultation with appropriate tribes and 
    individual Indians up to September 30, 1985, to determine the extent to 
    which the funds held in escrow accounts represented income from the 
    investment of ``special deposits'' relating to individual Indians or a 
    specific tribe, funds were transferred to appropriate trust accounts 
    for individual Indians and tribes during the period of October 1, 1985, 
    through September 30, 1987. The unobligated balances of the IMPL escrow 
    accounts as of the close of business on September 30, 1987, are to be 
    withdrawn and deposited into miscellaneous receipts of the U.S. 
    Treasury. The IMPL accounts are to be removed from the Bureau of Indian 
    Affairs trust accounting system and are no longer available for use.
        The policy of the Department of the Interior is, whenever 
    practical, to afford the public an opportunity to participate in the 
    rulemaking process. Accordingly, interested persons may submit written 
    comments regarding the proposed rule to the office identified in the 
    Addresses section of this document.
        The Department has certified to the Office of Management and Budget 
    that these proposed regulations meet the applicable standards provided 
    in sections 2(a) and 2(b)(2) of Executive Order 12778.
        The Department of the Interior has determined that this document is 
    not a significant rule under Executive Order 12866 and therefore will 
    not require the approval of the Office of Management and Budget.
        This rule will not have a significant economic impact on a 
    substantial number of small entities under the Regulatory Flexibility 
    Act (5 U.S.C. 601 et seq).
        In accordance with Executive Order 12630, the Department has 
    determined that this proposed rule does not have significant takings 
    implications.
        The Department has determined that this rule does not have 
    significant federalism effects.
        The Department has determined that this proposed rule does not 
    constitute a major federal action significantly affecting the quality 
    of the human environment and that no detailed statement is required 
    pursuant to the National Environmental Policy Act of 1969.
        There are no new information collection requirements requiring 
    approval of the Office of Management and Budget under 44 U.S.C. 3501 et 
    seq.
        The primary author of this proposed rule is Loren J. Farmer, 
    Policy, Analysis and Evaluation Staff, Bureau of Indian Affairs, Office 
    of Trust Funds Management, 505 Marquette NW., suite 700, Albuquerque, 
    NM 87102.
    
    List of Subjects in 25 CFR Part 113
    
        Accounting, Indians--business and finance.
    
        For reasons set out in the preamble and under the authority of 
    Public Law 97-257, title I, section 100 (September 30, 1982, 96 Stat. 
    839), part 113 of title 25, chapter I of the Code of Federal 
    Regulations is proposed to be removed.
    
        Dated: February 4, 1994.
    Ada E. Deer,
    Assistant Secretary--Indian Affairs.
    [FR Doc. 94-8325 Filed 4-6-94; 8:45 am]
    BILLING CODE 4310-02-P
    _______________________________________________________________________
    
    Part VIII
    
    
    
    
    
    Department of the Interior
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Fish and Wildlife Service
    
    
    
    _______________________________________________________________________
    
    
    
    50 CFR Part 20
    
    
    
    Proposed 1994-1995 Migratory Game Bird Hunting Regulations 
    (Preliminary) With Requests for Indian Tribal Proposals; Proposed Rule
    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 20
    
    RIN 1018-AA24
    
    Migratory Bird Hunting; Proposed 1994-1995 Migratory Game Bird 
    Hunting Regulations (Preliminary) with Requests for Indian Tribal 
    Proposals
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Proposed rulemaking.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service) 
    proposes to establish annual hunting regulations for certain migratory 
    game birds. The Service also requests proposals from Indian Tribes that 
    wish to establish special migratory bird hunting regulations. These 
    regulations will permit the taking of the designated species during the 
    1994-95 season. The Service annually prescribes outside limits 
    (frameworks) within which States may select hunting seasons. The 
    Service has also employed guidelines to establish special migratory 
    bird hunting regulations on Federal Indian reservations and ceded 
    lands. These seasons provide hunting opportunities for recreation and 
    sustenance; aid Federal, State, and Tribal governments in the 
    management of migratory game birds; and are designed to permit harvests 
    at levels compatible with migratory bird population and habitat 
    conditions.
    
    DATES: Tribal proposals and related comments should be submitted by 
    June 3, 1994. The comment period for proposed early-season frameworks 
    will end on July 22, 1994; and for proposed late-season frameworks on 
    September 2, 1994. The public hearing for early-season frameworks will 
    be held on June 23, 1994, at 9 a.m. The public hearing for late-season 
    frameworks will be held on August 4, 1994, at 9 a.m.
    
    ADDRESSES: Both public hearings will be held in the Auditorium, 
    Department of the Interior Building, 1849 C Street NW., Washington, DC. 
    Written comments on the proposals and notice of intention to testify at 
    either hearing may be mailed to the Chief, Office of Migratory Bird 
    Management, U.S. Fish and Wildlife Service, Department of the Interior, 
    ms 634--ARLSQ, 1849 C Street, NW, Washington, DC 20240. Comments 
    received will be available for public inspection during normal business 
    hours in room 634, Arlington Square Building, 4401 N. Fairfax Drive, 
    Arlington, Virginia.
    
    FOR FURTHER INFORMATION CONTACT: For further information on tribal 
    proposals contact Keith A. Morehouse, for other issues regarding annual 
    migratory bird hunting regulations contact William O. Vogel. Both Dr. 
    Morehouse and Mr. Vogel may be contacted at: Office of Migratory Bird 
    Management, U.S. Fish and Wildlife Service, Department of the Interior, 
    ms 634--ARLSQ, 1849 C Street, NW, Washington, DC 20240 (703) 358-1714.
    
    SUPPLEMENTARY INFORMATION: For administrative purposes, this document 
    consolidates the notice of intent and request for Tribal proposals with 
    the preliminary proposals for the annual regulations-development 
    process. The remaining proposed and final rulemaking documents will be 
    published separately.
    
    Notice of Intent to Establish Open Seasons
    
        This notice announces the intention of the Director, U.S. Fish and 
    Wildlife Service, to establish open hunting seasons and daily bag and 
    possession limits for certain designated groups or species of migratory 
    game birds for 1994-1995 in the contiguous United States, Alaska, 
    Hawaii, Puerto Rico, and the Virgin Islands, under Secs. 20.101 through 
    20.107, 20.109, and 20.110 of subpart K of 50 CFR part 20.
        ``Migratory game birds'' are those bird species so designated in 
    conventions between the United States and several foreign nations for 
    the protection and management of these birds. For the 1994-95 hunting 
    season, regulations will be proposed for certain designated members of 
    the avian families Anatidae (ducks, geese, and swans); Columbidae 
    (doves and pigeons); Gruidae (cranes); Rallidae (rails, coots, 
    moorhens, and gallinules); and Scolopacidae (woodcock and snipe). These 
    proposals are described under Proposed 1994-95 Migratory Game Bird 
    Hunting Regulations (Preliminary) in this document. Definitions of 
    waterfowl flyways and mourning dove management units, as well as a 
    description of the data used in and the factors affecting the 
    regulatory process, were published in the March 14, 1990, Federal 
    Register (55 FR 9618).
    
    Regulatory Schedule for 1994-1995
    
        This is the first in a series of proposed and final rulemaking 
    documents for migratory game bird hunting regulations. Proposals 
    relating to the harvest of migratory game birds that may be initiated 
    after publication of this proposed rulemaking will be made available 
    for public review in supplemental proposed rulemakings to be published 
    in the Federal Register. Also, additional supplemental proposals will 
    be published for public comment in the Federal Register as population, 
    habitat, harvest, and other information becomes available.
        Because of the late dates when certain portions of these data 
    become available, it is anticipated that comment periods on some 
    proposals will necessarily be abbreviated. Special circumstances that 
    limit the amount of time which the Service can allow for public comment 
    are involved in the establishment of these regulations. Specifically, 
    two considerations compress the time in which the rulemaking process 
    must operate: the need, on one hand, to establish final rules at a time 
    early enough in the summer to allow resource agencies to select and 
    publish season dates and bag limits prior to the hunting seasons and, 
    on the other hand, the lack of current data on the status of most 
    migratory game birds until later in the summer.
        Because the process is strongly influenced by the times when 
    information is available for consideration, the overall regulations 
    process is divided into two segments. Early seasons are those seasons 
    that generally open prior to October 1, and include seasons in Alaska, 
    Hawaii, Puerto Rico, and the Virgin Islands. Late seasons are those 
    seasons opening in the remainder of the United States about October 1 
    and later, and include most of the waterfowl seasons.
        Major steps in the 1994-1995 regulatory cycle relating to public 
    hearings and Federal Register notifications are illustrated in the 
    accompanying diagram. Dates shown relative to publication of Federal 
    Register documents are target dates.
        Sections of this and subsequent documents which outline hunting 
    frameworks and guidelines are organized under numbered headings. These 
    headings are:
    1. Ducks
    2. Sea Ducks
    3. Mergansers
    4. Canada Geese
    5. White-fronted Geese
    6. Brant
    7. Snow and Ross's (Light) Geese
    8. Tundra Swans
    9. Sandhill Cranes
    10. Coots
    11. Moorhens and Gallinules
    12. Rails
    13. Snipe
    14. Woodcock
    15. Band-tailed Pigeons
    16. Mourning Doves
    17. White-winged and White-tipped Doves
    18. Alaska
    19. Hawaii
    20. Puerto Rico
    21. Virgin Islands
    22. Falconry
    23. Other
        Later sections of this and subsequent documents will refer only to 
    numbered items requiring attention. Therefore, items requiring no 
    attention will be omitted and the remaining numbered items will be 
    discontinuous and appear incomplete.
    
    Hearings
    
        Two public hearings pertaining to 1994-1995 migratory game bird 
    hunting regulations are scheduled. Both hearings will be conducted in 
    accordance with 455 DM 1 of the Departmental Manual. On June 23, a 
    public hearing will be held at 9 a.m. in the Auditorium of the 
    Department of the Interior Building, 1849 C Street NW., Washington, DC. 
    This hearing is for the purpose of reviewing the status of migratory 
    shore and upland game birds. Proposed hunting regulations will be 
    discussed for these species plus regulations for migratory game birds 
    in Alaska, Puerto Rico, and the Virgin Islands; special September 
    waterfowl seasons in designated States; special sea duck seasons in the 
    Atlantic Flyway, and extended falconry seasons. On August 4, a public 
    hearing will be held at 9 a.m. in the Auditorium of the Department of 
    the Interior Building, address above. This hearing is for the purpose 
    of reviewing the status and proposed regulations for waterfowl not 
    previously discussed at the June 23 public hearing. The public is 
    invited to participate in both hearings. Persons wishing to make a 
    statement at these hearings should write to the address indicated under 
    the caption ADDRESSES.
    
    Requests for Tribal Proposals
    
    Background
    
        Beginning with the 1985-86 hunting season, the Service has employed 
    guidelines described in the June 4, 1985 Federal Register (50 FR 23467) 
    to establish special migratory bird hunting regulations on Federal 
    Indian reservations (including off-reservation trust lands) and ceded 
    lands. The guidelines were developed in response 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 and nontribal members throughout their reservations. The 
    guidelines include possibilities for: (1) on-reservation hunting by 
    both tribal and nontribal members, 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 would have to 
    be consistent with the annual March 10 to September 1 closed season 
    mandated by the 1916 Convention Between the United States and Great 
    Britain (for Canada) For the Protection of Migratory Birds 
    (Convention). The guidelines are capable of application to those tribes 
    that have reserved hunting rights on Federal Indian reservations 
    (including off-reservation trust lands) and ceded lands. They also 
    apply to the establishment of migratory bird hunting regulations for 
    nontribal members on all lands within the exterior boundaries of 
    reservations where tribes have full wildlife management authority over 
    such hunting, or where the tribes and affected States otherwise have 
    reached agreement over hunting by nontribal members on non-Indian 
    lands.
        Tribes usually have the authority to regulate migratory bird 
    hunting by nonmembers on Indian-owned reservation lands, subject to 
    Service approval. The question of jurisdiction is more complex on 
    reservations that include lands owned by non-Indians, especially when 
    the surrounding States have established or intend to establish 
    regulations governing hunting by non-Indians on these lands. In such 
    cases, the Service encourages the tribes and States to reach agreement 
    on regulations that would apply throughout the reservations. When 
    appropriate, the Service will consult with a tribe and State with the 
    aim of facilitating an accord. The Service also will consult jointly 
    with tribal and State officials in the affected States where tribes may 
    wish to establish special hunting regulations for tribal members on 
    ceded lands. As explained in previous rulemaking documents, it is 
    incumbent upon the tribe and/or the State to put forward a request for 
    consultation as a result of the proposal being published in the Federal 
    Register. The Service will not presume to make a determination, without 
    being advised by a tribe or a State, that any issue is/is not worthy of 
    formal consultation.
        One of the guidelines provides for the continuation of harvest of 
    migratory game birds by tribal members on reservations where it is a 
    customary practice. The Service does not oppose this harvest, provided 
    it does not take place during the closed season required by the 
    Convention, and it is not so large as to adversely affect the status of 
    the migratory bird resource. For several years, the Service has reached 
    annual agreement with tribes (for example, in Minnesota, the Mille Lacs 
    Band of Chippewa Indians) for hunting by tribal members on their lands 
    or on lands where they have reserved hunting rights. The Service will 
    continue to consult with tribes that wish to reach a mutual agreement 
    on hunting regulations for on-reservation hunting by tribal members.
        The guidelines should not be viewed as inflexible. Nevertheless, 
    the Service believes that they provide appropriate opportunity to 
    accommodate the reserved hunting rights and management authority of 
    Indian tribes while ensuring that the migratory bird resource receives 
    necessary protection. The conservation of this important international 
    resource is paramount. Use of the guidelines is not required if a tribe 
    wishes to observe the hunting regulations established by the State(s) 
    in which the reservation is located.
    
    Details Needed in Tribal Proposals
    
        Tribes that wish to use the guidelines to establish special hunting 
    regulations for the 1994-95 hunting season must submit a proposal that 
    includes: (1) The requested hunting season dates and other details 
    regarding regulations to be observed; (2) harvest anticipated under the 
    requested regulations; (3) methods that will be employed to measure or 
    monitor harvest (mail-questionnaire survey, bag checks, etc.); (4) 
    steps that will be taken to limit level of harvest, where it could be 
    shown that failure to limit such harvest would impact seriously on the 
    migratory bird resource; and (5) tribal capabilities to establish and 
    enforce migratory bird hunting regulations.
        A tribe that desires the earliest possible opening of the waterfowl 
    season should specify this in the proposal, rather than request a date 
    that might not be within the final Federal frameworks. Similarly, 
    unless a tribe wishes to set more restrictive regulations than Federal 
    regulations will permit, the proposal should request the same daily bag 
    and possession limits and season length for ducks and geese that 
    Federal regulations are likely to permit the States in the Flyway in 
    which the reservation is located.
    
    Proposal Procedures
    
        Pertinent details in proposals received from tribes will be 
    published for public review in later Federal Register documents. 
    Because of the time required for Service and public review, Indian 
    tribes that desire special migratory bird hunting regulations for the 
    1994-95 hunting season should submit their proposals as soon as 
    possible, but no later than June 3, 1994. Tribal inquiries regarding 
    the guidelines and proposals should be directed to the appropriate 
    Service Regional Office. Tribes that request special hunting 
    regulations for tribal members on ceded lands should send a courtesy 
    copy of the proposal to officials in the affected State(s).
    
    Public Comments Solicited
    
        The policy of the Department of the Interior is, whenever 
    practicable, to afford the public an opportunity to participate in the 
    rulemaking process. Accordingly, interested persons are invited to 
    submit written comments, suggestions, or recommendations regarding the 
    proposed regulations. Promulgation of final migratory game bird hunting 
    regulations will take into consideration all comments received by the 
    Service. Such comments, and any additional information received, may 
    lead to final regulations that differ from these proposals. Interested 
    persons are invited to participate in this rulemaking by submitting 
    written comments to the address indicated under the caption ADDRESSES.
        Comments received on the proposed annual regulations will be 
    available for public inspection during normal business hours at the 
    Service's office in room 634, 4401 North Fairfax Drive, Arlington, 
    Virginia. Specific comment periods will be established for each series 
    of proposed rulemakings. All relevant comments will be accepted through 
    the closing date of the comment period on the particular proposal under 
    consideration. The Service will consider, but possibly may not respond 
    in detail to, each comment. As in the past, the Service will summarize 
    all comments received during the comment period and respond to them 
    after the closing date.
    
    Flyway Council Meetings
    
        Departmental representatives will be present at the following 
    winter meetings of the various Flyway Councils:
        Date: March 20, 1994
    --Atlantic Flyway Council, 8:30 a.m.
    --Mississippi Flyway Council, 8:30 a.m.
    --Central Flyway Council, 8:00 a.m.
    --Pacific Flyway Council, 9:30 a.m.
    --National Waterfowl Council, 3:30 p.m.
        The Council meetings will be held at the Egan Civic and Convention 
    Center, Anchorage, Alaska.
    
    NEPA Consideration
    
        NEPA considerations are covered by the programmatic document, 
    ``Final Supplemental Environmental Impact Statement: Issuance of Annual 
    Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
    14)'', filed with the Environmental Protection Agency on June 9, 1988. 
    Notice of Availability was published in the Federal Register on June 
    16, 1988 (53 FR 22582). The Service's Record of Decision was published 
    on August 18, 1988 (53 FR 31341). In addition, an August 1985 
    environmental assessment entitled ``Guidelines for Migratory Bird 
    Hunting Regulations on Federal Indian Reservations and Ceded Lands'' is 
    available from the Service at the address indicated under the caption 
    ADDRESSES.
    
    Endangered Species Act Consideration
    
        Prior to issuance of the 1994-95 migratory game bird hunting 
    regulations, consideration will be given to provisions of the 
    Endangered Species Act of 1973, as amended, (16 U.S.C. 1531-1543; 
    hereinafter the Act) to ensure that hunting is not likely to jeopardize 
    the continued existence of any species designated as endangered or 
    threatened or modify or destroy its critical habitat and is consistent 
    with conservation programs for those species. Consultations under 
    section 7 of this Act may cause changes to be made to proposals in this 
    and future supplemental proposed rulemaking documents.
    
    Regulatory Flexibility Act and the Paperwork Reduction Act
    
        This document was reviewed under Executive Order 12866.
        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.). Therefore, in accordance with Office of Management 
    and Budget instructions, a Final Regulatory Impact Analysis (FRIA) was 
    prepared in 1981 and revised in 1990. Although a FRIA is no longer 
    required, the economic analysis contained in the FRIA has been reviewed 
    and the Service has determined that it meets the requirements of 
    Executive Order 12866. This analysis was updated for 1994. The FRIA 
    update included waterfowl hunter and harvest information from the 1992-
    93 season. The summary of the 1994 update follows:
        ``New information which can be compared to that appearing in the 
    1990 Final Regulatory Impact Analysis (FRIA) includes estimates of the 
    1992 fall flight of ducks from surveyed areas, and hunter activity and 
    harvest information from the 1992-93 hunting season. There was 
    essentially no change in the total fall flight of ducks, regulatory 
    frameworks, hunter numbers, number of hunting days, or total duck 
    harvest between the 1991-92 and the 1992-93 seasons.''
        Copies of the updated analysis are available upon request from the 
    Office of Migratory Bird Management. The address is indicated under the 
    caption ADDRESSES.
        These regulations contain no information collections subject to 
    Office of Management and Budget review under the Paperwork Reduction 
    Act of 1980 (44 U.S.C. 3501 et seq.).
    
    Authorship
    
        The primary authors of this proposed rule are Keith A. Morehouse 
    and William O. Vogel, Office of Migratory Bird Management, (703) 358-
    1714.
    
    List of Subjects in 50 CFR part 20
    
        Exports, Hunting, Imports, Reporting and recordkeeping 
    requirements, Transportation, Wildlife.
    
        The rules that eventually will be promulgated for the 1994-95 
    hunting season are authorized under the Migratory Bird Treaty Act (July 
    3, 1918), as amended, (16 U.S.C. 703-711); the Fish and Wildlife 
    Improvement Act of 1978 (November 8, 1978), as amended, (16 U.S.C. 
    712); and the Fish and Wildlife Act of 1956 (August 8, 1956), as 
    amended, (16 U.S.C. 742 a-d and e-j).
    
        Dated: March 10, 1994.
    George T. Frampton,
    Assistant Secretary for Fish and Wildlife and Parks.
    
    Proposed 1994-1995 Migratory Game Bird Hunting Regulations 
    (Preliminary)
    
        Pending current information on populations, harvest, and habitat 
    conditions, and receipt of recommendations from the four Flyway 
    Councils; specific framework proposals (including opening and closing 
    dates, seasons lengths, and bag limits) may be deferred. Unless 
    otherwise specified, no change from the final 1993-94 frameworks of 
    August 23 and September 24, 1993, (58 FR 44590 and 50188) is proposed. 
    Specific preliminary proposals that vary from the 1993-94 frameworks 
    and issues requiring early discussion, action, or the attention of the 
    States or Tribes are contained below:
    
    1. Ducks.
    
    F. Zones and Splits.
    
        Temporary Zone in the Southern San Joaquin Valley of California. In 
    1993, the Service allowed the State of California an additional year to 
    modify its zoning proposal to conform more closely with the Service's 
    policy. The Service encourages a reopening of dialogue in order to 
    resolve this problem as soon as possible.
    
    G. Special seasons/species management.
    
    i. Canvasback Management.
        During 1983-92, annual sport-harvest regulations for this species 
    were guided by provisions in the environmental assessment ``Proposed 
    Hunting Regulations on Canvasback Ducks, 1983''. That document 
    acknowledged separate eastern and western populations and set breeding-
    population threshold levels for each, below which all possible actions, 
    including season closure, in the respective regions, would be 
    considered for canvasbacks. In 1993, after completing a review of 
    canvasback databases, the Service determined that currently there is 
    not sufficient evidence to warrant managing canvasbacks as separate 
    eastern and western populations. However, the Service did not adopt a 
    new harvest strategy to regulate the overall harvest of canvasbacks and 
    the allocation of that harvest. Rather, it continued to follow 
    guidelines set forth in the environmental assessment for a continental 
    population. Because the most recent 3-year average (482,000 birds) was 
    below the threshold identified in the assessment (500,000 birds), the 
    Service determined liberalizations were not warranted during 1993-94; 
    no changes in regulations from those which occurred during 1992-93 were 
    enacted.
        Although the Service delayed implementation of a revised harvest 
    strategy, the Service is not satisfied with an indefinite continuation 
    of the 1983 guidelines. The Service desires to build consensus on an 
    improved harvest-management strategy which ensures the welfare of the 
    canvasback population and preserves the historical emphasis on Flyway-
    based management.
        The Service has circulated to the Flyway Councils and Technical 
    Sections a draft harvest-management strategy to be considered for the 
    1994-95 hunting season and continues to welcome suggestions for 
    improving our capabilities to manage the harvests of this important 
    species. Copies of the draft harvest-management strategy are available 
    at the address indicated under the caption ADDRESSES.
    ii. September Teal Seasons.
        Evaluations of shooting hours for teal seasons were initiated in 
    several Mississippi and Central Flyway States in 1993, and more than 1 
    year likely will be required to achieve needed sample sizes. Provided 
    methods being employed are acceptable and the amount of progress being 
    made indicates a good-faith effort, we would recommend continuation of 
    presunrise shooting hours conditional upon satisfactory progress toward 
    completion of evaluations.
    iii. September Wood Duck/Teal Seasons.
        Evaluations of shooting hours for wood duck/teal seasons forwarded 
    to Service in 1993 were sufficient to allow continuation of presunrise 
    shooting hours in Florida, Kentucky, and Tennessee.
    
    4. Canada Geese.
    
        In 1993, the Service announced that the administrative process for 
    setting hunting seasons does not permit the setting of regular seasons 
    that open prior to the Saturday nearest October 1 during the late-
    season regulations-development cycle. Those portions of seasons that 
    open earlier must be established during the early-season regulations-
    development cycle in June. The Service is concerned about setting 
    seasons in the absence of current status information. Because of this, 
    requests for regular Canada goose seasons that open earlier than the 
    Saturday nearest October 1 must include full justification of the need 
    for the early opening, which will be weighed against the risk of 
    establishing seasons prior to the time status information is available. 
    The Service proposed to implement these procedures beginning with the 
    1994-95 hunting season in order to allow those States desiring early-
    season dates for regular Canada goose seasons sufficient time to 
    prepare their proposals and to provide an opportunity for flyway 
    council review.
    
    7. Snow and Ross's (Light) Geese.
    
        In 1993, the Central Flyway Council recommended a review of 
    framework closing dates for light geese. The Service indicated it would 
    work with the Flyway Councils during the coming year to review its 
    policy of framework dates for light geese. At this time, the Service 
    requests that the States and Flyway Councils submit any pertinent 
    information for joint review and that the Service, States, Flyway 
    Councils, and other interested parties accelerate discussions regarding 
    closing dates for light geese in migration-terminus and other areas.
    
    9. Sandhill Cranes.
    
        The Service has clearly indicated that it does not believe it is 
    appropriate to increase harvest on the Mid-continent Population at this 
    time, and that there should be no increase or shift in harvest toward 
    the Gulf Coast Subpopulation, especially the greater-sandhill-crane 
    component. In recent years, the Central Flyway Council has requested 
    changes in the frameworks which would increase harvest pressure on this 
    population. The Service recognizes the desire of the Central Flyway 
    Council to liberalize regulations in certain areas, but concern for 
    greater sandhill cranes would preclude any increase under the current 
    approach to establishing frameworks.
        Because there is an east-west gradient in the distribution of the 3 
    subspecies managed as the Mid-continent Population, the Service would 
    be willing to consider an approach that would, in the future, provide 
    the ability to establish frameworks by geographic areas within the 
    Central Flyway. Such an approach of setting differential frameworks 
    would provide the ability to shift harvest toward the western portions 
    of the flyway, while limiting harvest in eastern portions. The Service 
    requests comments regarding such an approach.
    
    15. Band-tailed Pigeons.
    
        Evidence from three separate surveys suggests that the long-term 
    decline experienced by the Coastal Population may have subsided; and, 
    in fact, the overall and individual State population estimates appear 
    to have stabilized at low levels. Also, the status of the Interior 
    Population is not well understood. Efforts are underway to gather more 
    information about both populations. In 1993, all States having band-
    tailed pigeon hunting seasons either participated in the nationwide 
    Migratory Bird harvest Information Program or required band-tailed 
    pigeon hunters to obtain mandatory State permits to provide sampling 
    frames for obtaining more precise estimates of band-tailed pigeon 
    harvest. Those States issuing permits were required to conduct a 
    harvest survey and provide the results to the Service by June 1 of each 
    year. In addition, all States with band-tailed pigeon hunting seasons 
    are participating in a wing-collection survey to provide information on 
    annual recruitment. The Service will continue to closely monitor 
    population and harvest information from both populations and will 
    evaluate this information in June prior to making any decisions 
    regarding the 1994-95 seasons. Indian Tribes also should consider this 
    situation when proposing harvest regulations for this species.
    BILLING CODE 4310-55-F
    
    TP07AP94.015
    
    
    [FR Doc. 94-8318 Filed 4-6-94; 8:45 am]
    BILLING CODE 4310-55-C
    
    
    

Document Information

Published:
04/07/1994
Department:
Indian Affairs Bureau
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-8318
Dates:
Comments must be received before May 9, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 7, 1994
CFR: (1)
25 CFR 113