[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20038]
[[Page Unknown]]
[Federal Register: August 16, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AA24
Migratory Bird Hunting: Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 1994-95 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: This rule proposes special migratory bird hunting regulations
that would be established for certain tribes on Federal Indian
reservations, off-reservation trust lands and ceded lands for the 1994-
95 migratory bird hunting season.
DATES: The comment period for these proposed regulations will end
August 31, 1994.
ADDRESSES: Address Comments to: Director (FWS/MBMO), U.S. Fish and
Wildlife Service, 634 ARLSQ, 1849 C St., NW, Washington, DC 20240.
Comments received, if any, on these proposed special hunting
regulations and tribal proposals will be available for public
inspection during normal business hours in Room 634-Arlington Square
Building, 4401 N. Fairfax Drive, Arlington, VA.
FOR FURTHER INFORMATION CONTACT: Dr. Keith A. Morehouse, Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department
of the Interior, Room 634 ARLSQ, 1849 C St., NW, Washington, DC 20240
(703/358-1714).
SUPPLEMENTARY INFORMATION:
In the April 7, 1994 Federal Register (59 FR 16762), the Service
requested proposals from Indian tribes that wished to establish special
migratory bird hunting regulations for the 1994-95 hunting season,
under the guidelines described in the June 4, 1985 Federal Register (50
FR 23467). 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 non-tribal members on 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 March 10 to September 1 closed season mandated
by the 1916 Migratory Bird Treaty with Canada. The guidelines are
capable of application to those tribes that have recognized reserved
hunting rights on Federal Indian reservations (including off-
reservation trust lands) and on ceded lands. They also apply to
establishing 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 lands owned by non-Indians within
the reservation.
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.
Because of past questions regarding interpretation of what events
trigger the consultation process, as well as who initiates it, there is
a need to provide clarification here. The Service routinely provides
Federal Register copies of published proposed and final rulemakings and
other documents to all State Directors, tribes and other interested
parties. It is the responsibility of the States, tribes and others to
bring any concern for any feature(s) of any regulations to the
attention of the Service. Consultation will be initiated at the point
in time at which the Service is made aware of a concern. The Service
cannot presume to know beforehand what, if any, concerns will be voiced
regarding rulemakings.
The guidelines provide for the continuation of harvest of waterfowl
and other migratory game birds by tribal members on reservations where
it has been a customary practice. The Service does not oppose this
harvest, provided it does not take place during the closed season
defined by the 1916 Migratory Bird Convention with Canada, and it is
not so large as to adversely affect the status of the migratory bird
resource.
Before developing the guidelines, the Service reviewed available
information on the current status of migratory bird populations and the
current status of migratory bird hunting on Federal Indian reservations
and evaluated the impact that adoption of the guidelines likely would
have on migratory birds. The Service has concluded that the size of the
migratory bird harvest by tribal members hunting on their reservations
is normally too small to have significant impacts on the migratory bird
resource.
One area of interest in Indian migratory bird hunting regulations
relates to hunting seasons for nontribal members on dates that are
within Federal frameworks, but that are different from those
established by the State(s) in which a Federal Indian reservation is
located. A large influx of nontribal hunters onto a reservation at a
time when the season is closed in the surrounding State(s) could result
in adverse population impacts on one or more migratory bird species.
The guidelines make such an event unlikely, however, because tribal
proposals must include: (a) details on the harvest anticipated under
the requested regulations; (b) methods that will be employed to measure
or monitor harvest (bag checks, mail questionnaires, etc.); (c) steps
that will be taken to limit level of harvest, where it could be shown
that failure to limit such harvest would impact on the migratory bird
resource; and (d) tribal capabilities to establish and enforce
migratory bird hunting regulations. Based on a review of tribal
proposals, the Service may require modifications, and regulations may
be established experimentally, pending evaluation and confirmation of
harvest information obtained by the tribes.
The Service believes that the guidelines 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. The guidelines should
not be viewed as inflexible. In this regard, the Service notes that
they have been employed successfully since 1985 to establish special
hunting regulations for Indian tribes. Therefore, the Service believes
they have been tested adequately and they were made final beginning
with the 1988-89 hunting season (53 FR 31612). It should be stressed
here, however, that use of the guidelines is not mandatory and no
action is required if a tribe wishes to observe the hunting regulations
established by the State(s) in which the reservation is located.
It has been appropriate over the past several years to make a
statement in this proposed rule qualifying the Service's intent with
regard to approving duck seasons and limits because of the uncertainty
of production. Although the Service notes that survey results in the
1993-94 season indicated duck numbers were not significantly changed
from those of the previous few years, there is reason for cautious
optimism that the trend of poor reproduction caused by a long period of
drought in the Prairie Pothole Region of Canada and the United States
may be in the early stages of reversal. Certainly there are indications
that drought conditions are lessening, which may in turn set the stage
for improved duck production. The extended drought has been especially
severe in critical production areas, but in 1993-94 water conditions in
many important local production areas were good. Although 1994 spring
and early-summer ground water conditions appear to have improved
greatly in most areas of the Prairie Pothole Region, preliminary
results of breeding population surveys and production will not be known
for some time. Thus, although the situation is expected to be improved,
the Service will continue to assess production information as it
becomes available over the summer and make final decisions on 1994-95
regulatory frameworks when all the customary data are in.
In summary, the purpose of this document is to propose 1994-95
season migratory bird hunting regulations for participating tribes.
Hunting Season Proposals from Indian Tribes and Organizations
For the 1994-95 hunting season, the Service received requests from
fifteen tribes and Indian organizations that followed the 1985 proposal
guidelines and were appropriate for publication in the Federal Register
without further and/or alternative actions. The Lower Brule Sioux
(South Dakota), the Kalispel Tribe (Washington) and the Klamath Tribe
(Oregon) are included in the regulations this year for the first time.
On June 17, the Mille Lacs Band of Chippewa Indians (Minnesota)
provided the Service with a proposal to continue with regulations for
the upcoming season as per the Memorandum of Understanding between the
Service and the band with regard to migratory bird hunting on the
reservation. (The Mille Lacs Band is currently litigating off-
reservation hunting and fishing rights with the State of Minnesota.)
The Service and the Mille Lacs Band have cooperated in this fashion
since the 1986-87 migratory bird hunting season. Similar agreements
have been reached with other tribes in other hunting seasons. The
Oneida Tribe of Indians of Wisconsin has indicated to the Service that
they will seek such an agreement in the future.
The Service actively solicits regulatory proposals from other
tribal groups that have an interest in working cooperatively for the
benefit of waterfowl and other migratory game birds. Also, tribes are
encouraged to work with the Service in developing agreements for
management of migratory bird resources on tribal lands.
It should be noted that this proposed rule includes generalized
regulations for both early and late season hunting. There will be a
final rule published later in an August 1994 Federal Register that will
include tribal regulations for the early hunting season. The early
season begins on September 1 each year and most commonly includes such
species as mourning doves and white-winged doves. There will also be a
final rule published in a September 1994 Federal Register that will
include regulations for late season hunting. The late season begins on
or around October 1 and most commonly includes waterfowl species. In
this current rulemaking, because of the compressed timeframe for
establishing regulations for Indian tribes and because final frameworks
dates and other specific information are not available, the regulations
for many tribal hunting seasons are described in relation to the season
dates, season length and limits that will be permitted when final
Federal frameworks are announced for early and late season regulations.
For example, the daily bag and possession limits for ducks on some
areas are shown as ``Same as permitted Pacific Flyway States under
final Federal frameworks,'' and limits for geese will be shown as the
same that will be permitted the State(s) in which the tribal hunting
area is located. The proposed frameworks for early-season regulations
will be published in the Federal Register in mid-July; early-season
final frameworks will be published in mid-August. Proposed late-season
frameworks for waterfowl and coots will be published in mid-August, and
the final frameworks for the late seasons will be published in mid-
September. The Service will notify affected tribes of season dates, bag
limits, etc., as soon as final frameworks are established.
As discussed earlier in this document, no action is required by
tribes that wish to observe the migratory bird hunting regulations
established by the State in which a reservation is located.
The proposed regulations for the fifteen tribes with proposals that
meet the established criteria are shown below.
1. Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico
The Jicarilla Apache Tribe has had special migratory bird hunting
regulations for tribal members and nonmembers since the 1986-87 hunting
season. The tribe owns all lands on the reservation and has recognized
full wildlife management authority. The proposed seasons and bag limits
would be more conservative than allowed by the Federal frameworks of
last season and more conservative than States in the Pacific Flyway.
In a May 2, 1994, proposal, the tribe proposed the earliest opening
date permitted Pacific Flyway States for ducks for the 1994-95 hunting
season and a closing date of November 30, 1994. Daily bag and
possession limits also would be the same as permitted Pacific Flyway
States. However, it is proposed again that no canvasbacks be allowed in
the bag. Also, the goose season would continue to be closed. Other
regulations specific to the Pacific Flyway guidelines for New Mexico
would be in effect.
The Jicarilla Game and Fish Department gives an annual estimate of
harvest, which continues to be relatively small--comparatively
speaking. In the 1993-94 season, estimated duck harvest was 1323, the
largest since recordkeeping began in 1986, with the greatest percentage
of this made up of mallards (31 percent), gadwall (27 percent) and teal
(16 percent). Because water conditions on the reservation are again
excellent, another good duck production and harvest year is expected.
The requested regulations are essentially the same as were
established last year, and the Service proposes to approve the tribe's
request for the 1994-95 hunting season.
2. White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona
The White Mountain Apache Tribe owns all reservation lands, and the
tribe has recognized full wildlife management authority. The White
Mountain Apache Tribe has requested regulations that are essentially
unchanged from those agreed to for the 1993-94 hunting year.
The hunting zone for waterfowl continues to be restricted and is
described as: the entire length of the Black and Salt Rivers forming
the southern boundary of the reservation; the White River, extending
from the Canyon Day Stockman Station to the Salt River; and all stock
ponds located within Wildlife Management Units 4, 6 and 7. All other
waters of the reservation would be closed to waterfowl hunting for the
1994-95 season.
The tribe is proposing a continuous duck, coot, merganser,
gallinule and moorhen hunting season, with an opening date of November
12, 1994, and a closing date of January 8, 1995. The tribe proposes a
daily duck bag limit of 3, which can have no more than: 1 redhead; 2
canvasbacks; 1 pintail; and 1 hen mallard. The daily bag limit for
mergansers is 3. The daily bag limit for coots, gallinules and moorhens
would be 25 singly, or in the aggregate.
For geese, the season is proposed to extend from November 12, 1994,
through January 8, 1995. Hunting would be limited to Canada geese, and
the daily bag limit is 2.
Season dates for band-tailed pigeons and mourning doves would run
concurrently from September 2 through September 11, 1994, in Wildlife
Management Units 7 and 10, only. Proposed daily bag limits for band-
tailed pigeons and mourning doves would be 3 and 8, respectively.
Possession limits for the above referenced species are twice the
daily bag limits. Shooting hours would be from one-half hour before
sunrise to sunset. There would be no open season for sandhill cranes,
rails and snipe on the White Mountain Apache lands under this proposal.
A number of special regulations apply to tribal and non-tribal hunters,
which may be obtained from the White Mountain Apache Tribe Game and
Fish Department.
The regulations requested by the tribe for the 1994-95 seasons are
as conservative as those established last year, and the Service
proposes to approve them.
3. Colorado River Indian Tribes, Colorado River Indian Reservation,
Parker, Arizona
The Colorado River Indian Reservation is located in Arizona and
California. The tribes own almost all lands on the reservation, and
they have full wildlife management authority.
In their 1994-95 proposal, dated May 17, 1994, the Colorado River
Indian Tribes are requesting split dove seasons with regulations as
follows. The early season is proposed to begin on September 1 and end
on September 11, 1994, with the bag limits being ten (10) mourning or
ten (10) white wing doves either singly or in the aggregate. The late
season for doves is proposed to open on November 21, 1994, and close on
January 8, 1995, with the bag limit being ten (10) mourning doves. The
possession limit would be twice the daily bag limit. Shooting hours
would be from one-half hour before sunrise to sunset, and other special
tribally set regulations would apply.
The Colorado River Indian Tribes are also proposing split duck
hunting seasons, the first running from October 14, 1994, through
November 10, 1994, and the second running from December 9, 1994,
through January 8, 1995. The Tribes are proposing the same dates for
coots and common moorhens. The daily bag limit for ducks, including
mergansers, would be 4, which would include no more than 2 redheads, 2
pintails, 1 canvasback or 1 Mexican duck. The possession limit would be
twice the daily bag limit, after the first day. The daily bag limit for
coots and common moorhens would be 25, singly or in the aggregate. The
possession limit for coots and common moorhens would be twice the daily
bag limit.
For geese, the Colorado River Indian Tribes has proposed a season
of October 22, 1994, through January 22, 1995. The daily bag and
possession limits for geese would be 5, which would include no more
than 3 white geese (snow and/or Ross and blue geese) and not more than
2 dark geese (Canada geese).
Under the proposed regulations described here, based upon past
seasons, the anticipated harvest is estimated to be less than 400 ducks
and 100 geese.
A valid Colorado River Indian Reservation hunting permit is
required before taking wildlife and to be in possession while hunting.
As in the past, the regulations would apply both to tribal and non-
tribal hunters. The Service is proposing to approve the Colorado River
Indian Tribes regulations.
4. Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
Since 1985, various bands of the Lake Superior Tribe of Chippewa
Indians have exercised judicially recognized off-reservation hunting
rights for migratory birds in Wisconsin. The specific regulations were
established by the Service in consultation with the Wisconsin
Department of Natural Resources and the Great Lakes Indian Fish and
Wildlife Commission (GLIFWC, which represents the various bands).
Beginning in 1986, a tribal season on ceded lands in the western
portion of the State's Upper Peninsula was developed in coordination
with the Michigan Department of Natural Resources, and the Service has
approved special regulations for tribal members in both Michigan and
Wisconsin since the 1986-87, hunting season. In 1987, the GLIFWC
requested and the Service approved special regulations to permit tribal
members to hunt on ceded lands in Minnesota, as well as in Michigan and
Wisconsin. The States of Michigan and Wisconsin concurred with the
regulations, although Wisconsin has raised some concerns each year.
Minnesota did not concur with the regulations, stressing that the State
would not recognize Chippewa Indian hunting rights in Minnesota's
treaty area until a court with jurisdiction over the State acknowledges
and defines the extent of these rights. The Service acknowledged the
State's concern, but pointed out that the United States Government has
recognized the Indian hunting rights decided in the Voigt case, and
that acceptable hunting regulations have been negotiated successfully
in both Michigan and Wisconsin even though the Voigt decision did not
specifically address ceded land outside Wisconsin. The Service believes
this is appropriate because the treaties in question cover ceded lands
in Michigan (and Minnesota), as well as in Wisconsin. Consequently, in
view of the above, the Service has approved special regulations since
the 1987-88 hunting season on ceded lands in all three States. In fact,
this recognition of the principle of reserved treaty rights for band
members to hunt and fish was pivotal in a decision by the Service to
approve a special season for the 1836 ceded area in Michigan for the
1991-92 migratory bird hunting seasons.
Recently, certain GLIFWC member bands have brought suit to resolve
the issue of hunting, fishing and gathering rights in the Minnesota
ceded areas covered under the 1837 and 1854 treaties. The Federal
Government has intervened in support of the bands.
In a June 3, 1994, letter, the GLIFWC proposed off-reservation
special migratory bird hunting regulations for the 1994-95 seasons.
Details of the proposed regulations are shown below. In general, the
proposal contains liberalizations in bag limits for ducks (including
mergansers) and geese from 1993-94 for all of the Minnesota and
Wisconsin ceded areas. Bag limits for ducks and geese in these areas
would be 20 and 10, respectively, although certain sex and species
restrictions would apply. Regulations proposed for the 1836 and 1842
Treaty areas located in Michigan will be the same as those permitted
for the State of Michigan, except for the daily bag limit of geese.
Last year, the request for increase of goose bag limits was objected to
by the Service in the belief that the Southern James Bay Population of
Canada Geese, a population that has declined dramatically in the past
several years, could potentially be further hurt by this action. We now
know that this goose population is not a major contributor to the
GLIFWC member band harvest; probably less than 25 geese from this
population are taken annually by the Bay Mills Community hunters.
The Service has met several times over the last three months with
the GLIFWC to explore the increase in duck and goose bag limit issue.
The 1994-95 GLIFWC proposal provided results from those meetings and
reflects the sensitivity to biological concerns acknowledged both by
the GLIFWC and the Service. Estimates indicate that the GLIFWC bands
have been harvesting less than 2000 ducks and 600 geese annually in
past years. Results of the 1993-94 hunter survey show that 1631 ducks
and 402 geese were actually harvested. Under the proposed regulations,
the increase in harvest is projected to not exceed 3000 ducks and 900
geese. The Service believes that regulations advanced by the GLIFWC for
the 1994-95 hunting season are biologically acceptable. The Service is
proposing to approve the GLIFWC regulations. If the regulations are
finalized as proposed, the Service would request that the GLIFWC
closely monitor the member band duck harvest and take any actions
necessary to reduce harvest if locally nesting populations are being
significantly impacted.
The Commission and the Service are parties to a Memorandum of
Agreement (MOA) designed to facilitate the ongoing enforcement of
Service-approved tribal migratory bird regulations. The MOA is intended
to have long-term cooperative application.
Also, as in recent seasons, the proposal contains references to
Chapter 10 of the Migratory Bird Harvesting Regulations of the Model
Off-Reservation Conservation Code. Chapter 10 regulations parallel
State and Federal regulations and, in effect, are not changed by this
change in reference.
The GLIFWC's proposed 1994-95 waterfowl hunting season regulations
are as follows:
Ducks
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:
Begin September 15 and end November 7, 1994.
Daily Bag Limit: 20 ducks, including no more than 10 mallards (only
5 of which may be hens), 4 black ducks, 4 redheads and 4 pintails. If a
season is offered in the Mississippi Flyway, 2 canvasbacks, otherwise
the taking of canvasbacks is prohibited.
B. Michigan, 1842 Treaty Zone: Same dates, season lengths, and
daily bag limits permitted the State of Michigan for this area under
final Federal frameworks.
C. Michigan, 1836 Treaty Zone: Same dates, season lengths, and
daily bag limits permitted the State of Michigan for this area under
final Federal frameworks.
Mergansers
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:
Begin September 15 and end November 7, 1994.
Daily Bag Limit: The daily bag limit would be 5, including no more
than 1 hooded merganser.
B. Michigan, 1842 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 5, including no more than 1
hooded merganser.
C. Michigan, 1836 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under Federal frameworks.
The daily bag limit would be 5, including no more than 1 hooded
merganser.
Geese: Canada Geese
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:
Begin September 15 and end December 1, 1994.
Daily Bag Limit: The daily bag limit would be 10, minus the number
of blue, snow or white-fronted geese taken.
B. Michigan, 1842 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 5.
C. Michigan, 1836 Treaty Zone: Same dates, season length and daily
bag limit permitted the State of Michigan for this area under final
Federal frameworks.
Geese: Blue, Snow and White-fronted Geese
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:
Begin September 15 and end December 1, 1994.
Daily Bag Limit: The daily bag limit would be 10, minus the number
of Canada geese taken.
B. Michigan, 1842 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 7, minus the number of Canada
geese taken and including no more than 2 white-fronted geese.
C. Michigan, 1836 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 7, minus the number of Canada
geese taken and including no more than 2 white-fronted geese.
Other Migratory Birds: Coots and Common Moorhens (Common Gallinules)
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:
Begin September 15 and end November 7, 1994.
Daily Bag Limit: The bag limit would be 20, singly or in the
aggregate.
B. Michigan, 1842 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 20, singly or in the
aggregate.
C. Michigan, 1836 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 20, singly or in the
aggregate.
Sora and Virginia Rails
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:
Begin September 15 and end November 7, 1994.
Daily Bag Limit: The daily bag limit is 25 singly, or in the
aggregate. The possession limit would be 25.
B. Michigan, 1842 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 25 singly, or in the
aggregate. The possession limit would be 25.
C. Michigan, 1836 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 25, singly or in the
aggregate. The possession limit would be 25.
Common Snipe
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:
Begin September 15 and end November 7, 1994.
Daily Bag Limit: The daily bag limit would be 8.
B. Michigan, 1842 Treaty Zone: Same dates and season length
permitted for the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 8.
C. Michigan, 1836 Treaty Zone: Same dates and season length
permitted for the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 8.
Woodcock
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:
Begin September 6 and end November 30, 1994.
Daily Bag Limit: The daily bag limit would be 5.
B. Michigan, 1842 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 5.
C. Michigan, 1836 Treaty Zone: Same dates and season length
permitted the State of Michigan for this area under final Federal
frameworks. The daily bag limit would be 5.
D. General Conditions
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid tribal waterfowl hunting permit.
2. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements, 50 CFR Part 20
and shooting hour regulations in 50 CFR Part 20, Subpart K, as to
hunting methods, transportation, sale, exportation and other conditions
generally applicable to migratory bird hunting.
3. Tribal members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
4. Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit, unless otherwise noted above.
Possession limits are applicable only to transportation and do not
include birds which are cleaned, dressed, and at a member's primary
residence. For purposes of enforcing bag and possession limits, all
migratory birds in the possession or custody of tribal members on ceded
lands will be considered to have been taken on those lands unless
tagged by a tribal or State conservation warden as having been taken
on-reservation. In Wisconsin, such tagging will comply with applicable
State laws. All migratory birds which fall on reservation lands will
not count as part of any off-reservation bag or possession limit.
5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members
hunting in Michigan and Minnesota will comply with tribal codes that
contain provisions that parallel applicable State laws concerning duck
blinds and/or decoys.
5. Kalispel Tribe, Kalispel Reservation, Usk, Washington
The Kalispel Reservation was established by Executive Order in
1914, and currently comprises approximately 4600 acres. All Reservation
land is owned by the tribe and it has full management authority.
Currently, the tribe has no recognized rights to hunt, fish or gather
off-reservation. The Kalispel Tribe has a fully developed wildlife
program with hunting and fishing codes. The tribe enjoys excellent
wildlife management relations with the State of Washington, with which
it has an operational Memorandum of Understanding with emphasis on
fisheries but also for wildlife. The seasons described below pertain to
non-tribal hunters that would be allowed to harvest waterfowl on a 176
acre waterfowl management unit. The tribe is utilizing this opportunity
to rehabilitate an area that needs protection because of past land use
practices, as well as to provide additional waterfowl hunting in the
area.
For the 1994-95 migratory bird hunting seasons, the Kalispel Tribe
is proposing duck and goose seasons that begin 2 weeks earlier and end
2 weeks later than those for the State of Washington in the same area.
The outside framework for ducks and geese would run from October 1,
1994, through January 29, 1995. In that period, non-tribal hunters
would be allowed to hunt on Wednesdays, weekends, holidays and for a
continuous period from November 28 through December 31; the total being
77 days. Hunters should obtain further information on days from the
Kalispel Tribe.
Daily bag and possession limits would be the same as those for the
State of Washington. All other State and Federal regulations contained
in 50 CFR Part 20, such as use of steel shot and possession of a signed
migratory bird hunting stamp, will be observed.
The Service proposes to agree to the regulations requested by the
Kalispel Tribe.
6. Klamath Tribe, Chiloquin, Oregon
The Klamath Tribe currently has no reservation, per se. However,
the Klamath Tribe has reserved hunting, fishing and gathering rights
within the former reservation boundary. This area of former
reservation, granted to the Klamaths by the Treaty of 1864, is over 1
million acres. Tribal natural resource management authority is derived
from the Treaty of 1864, and carried out cooperatively under the
judicially enforced Consent Decree of 1981. The parties to this Consent
Decree are the Federal Government, the State of Oregon and the
Klamaths. The Klamath Indian Game Commission conducts the setting of
seasons. Tribal harvest is monitored by both the tribal biological
staff and tribal Regulatory Enforcement Officers through frequent bag
checks and hunter interviews.
In a May 6, 1994, letter, the Klamath Tribe proposed season dates
that run from October 1, 1994, through January 28, 1995. Daily bag
limits would be 9 for ducks and 6 for geese; the possession limits
would be twice the daily bag limit. The daily bag and possession limit
for coots would be 25. Shooting hours would be one-half hour before
sunrise to one-half hour after sunset.
The Service proposes to approve the regulations of the Klamath
Tribe, provided an agreement can be reached on waterfowl sex and
species restrictions.
7. Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
Since 1985, the Service has established uniform migratory bird
hunting regulations for tribal members and nonmembers on the Navajo
Indian Reservation (in parts of Arizona, New Mexico, and Utah). The
tribe owns almost all lands on the reservation and has full wildlife
management authority.
In a June 18, 1994, communication, the tribe proposed special
migratory bird hunting regulations on the reservation for both tribal
and nontribal members for the 1994-95 hunting season for ducks
(including mergansers), Canada geese, coots, band tailed pigeons, and
mourning doves. For waterfowl, the Navajo Nation requests the earliest
opening dates and longest seasons, and the same daily bag and
possession limits, permitted Pacific Flyway States under final Federal
frameworks, to be announced. For both mourning dove and band-tailed
pigeons, the Navajo Nation proposes seasons of September 1 through 30.
The Navajo Nation also proposes daily bag limits of 10 and 5 for
mourning dove and band-tailed pigeon, respectively. Possession limits
would be twice the daily bag limits.
In addition, the tribe proposes to require tribal members and
nonmembers to comply with all basic Federal migratory bird hunting
regulations in 50 CFR Part 20 regarding shooting hours and manner of
taking. In addition, each waterfowl hunter 16 years of age or over must
carry on his/her person a valid Migratory Bird Hunting and Conservation
Stamp (Duck Stamp) signed in ink across the face. Special regulations
established by the Navajo Nation also apply on the reservation. The
Service proposes to approve the Navajo Nation request for these special
regulations for the 1994-95 migratory bird hunting seasons.
8. Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin
Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the
Service have cooperated to establish uniform regulations for migratory
bird hunting by tribal and non-tribal hunters within the original
Oneida Reservation boundaries. Since 1985, the Oneida Tribe's
Conservation Department has enforced their own hunting regulations
within those original reservation limits. However, the Oneida Tribe has
a good working relationship with the State of Wisconsin and the
majority of the seasons and limits are the same for both.
In a June 14, 1994, letter to the Service, the tribe proposed
special waterfowl hunting regulations. For ducks, geese, mourning dove
and woodcock, the Tribe described the ``outside dates'' (seasons) as
being September 1 through November 30, 1994, inclusive.
Canada goose bag limits would be 2 tribally tagged per day; the
tribe will reissue 2 tags as each 2 birds are registered. The
possession limit for Canada geese is 4. The Oneida Conservation
Department is recommending a season quota of 150 geese taken. If that
quota is attained before the season concludes, the Department
recommends closing the season early. For ducks, the daily bag limit is
5, which could include: no more than 3 mallards, with only 1 hen; 4
wood ducks; 1 canvasback; 1 redhead; and 1 hooded merganser. The daily
bag limits for mourning dove and woodcock would be 10 and 6,
respectively.
Shooting hours are proposed to be one-half hour before sunrise to
sunset. Indians and non-Indians hunting on the Oneida Indian
Reservation or on lands under the jurisdiction of the Oneida Nation
will observe all basic Federal migratory bird hunting regulations found
in 50 CFR, except that the tribe proposes to exempt Indian hunters from
the purchase of the Migratory Waterfowl Hunting and Conservation Stamp
(``Duck Stamp'') and the plugging of shotguns to limit capacity to 3
shells.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Oneida Tribe of Indians of Wisconsin
if the tribe requires tribal members to plug shotguns to limit capacity
to three shells.
9. Penobscot Indian Nation, Old Town, Maine
Since June 1985, the Service has approved a general migratory bird
hunting season for both Penobscot tribal members and nonmembers, under
regulations adopted by the State, and a sustenance season that applies
only to tribal members. At the Service's request, the tribe has
monitored black duck and other waterfowl harvest during each sustenance
season and has confirmed that it is negligible in size. The waterfowl
harvest in the 1993-94 sustenance season is assumed to be low and
similar to that of the previous seasons.
The Penobscot Nation usually outlines their migratory bird hunting
season proposal through the Service's Region 5 Office, however, this
year has not provided confirmatory information. The tribe normally
requests special sustenance regulations for tribal members in an area
of trust lands that includes but is much larger than the reservation.
These lands were acquired by the tribe in the 1980 Maine Indian Claims
Settlement. The tribe would be proposing a 1994-95 sustenance hunting
season of 75 days (September 17-November 30), with a daily bag limit of
4 ducks, including no more than 1 black duck and 2 wood ducks. The
daily bag limit for geese would include 3 Canada geese or 3 snow geese,
or 3 in the aggregate. When the sustenance and Maine's general
waterfowl season overlap, the daily bag limit for tribal members would
be only the larger of the two daily bag limits. All other Federal
regulations would be observed by tribal members, including that
shooting hours would be from one-half hour before sunrise to sunset.
Nontribal members hunting within Penobscot Indian Territory would
adhere to the seasons and bag limits established by the State of Maine.
The Service proposes to approve the 1994-95 regulations put forward
by the Penobscot Nation, provided the tribe provides the appropriate
confirmation copies of regulations for the seasons.
10. Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota
The Crow Creek Indian Reservation has a checkerboard pattern of
land ownership, with much of the land owned by non-Indians. Up until
the 1993-94 season, the tribe observed the waterfowl hunting
regulations established by the State of South Dakota. However, the
tribe is continuing to develop a wildlife management program, and in a
proposal dated June 13, 1994, requested that it set its own 1994-95
special waterfowl hunting regulations as it did for the 1993-94 hunting
season. These regulations would be in accordance with Federal
guidelines and independent of the State of South Dakota seasons. The
tribe would have a later, continuous duck season, beginning on October
29 and ending on December 11, 1994, and the same daily bag and
possession limits permitted by final Federal frameworks, to be
announced. The requested hunting season dates would probably not be
within Federal frameworks. The season and bag limits would be
essentially the same as last year, and harvest is again expected to be
low because of the small number of hunters. Estimated harvest, based on
hunter reports, for ducks last season was about 67, including 59
mallards. The tribe states there may be an increase in the success of
duck hunters in the 1994-95 season due to the shift in season dates.
The tribe requested that the goose hunting season begin on October
9, 1994, and extend through January 1, 1995. The daily bag and
possession limits would be those permitted by final Federal frameworks,
to be announced. Harvest for last season has been estimated at about
203, of which 191 were Canada geese. This harvest level is less than
half of the estimated harvest for the previous hunting season. Harvest
for this coming seasoning should be approximately the same as last
season.
The Service proposes to approve the tribal requests for duck and
goose hunting regulations. In the past, the duck regulations have been
continued on an experimental basis; the Service now considers these
regulations to be operational. However, as with all other groups, the
Service asks that the tribe continue to survey and report the harvest.
11. Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota
For the first time, in the 1994-95 migratory bird seasons, the
Lower Brule Sioux Tribe and the Service are cooperating to establish
regulations for the Lower Brule Reservation. The Lower Brule
Reservation is about 214,000 acres in size and is located on and
adjacent to the Missouri River, south of Pierre. Land ownership on the
reservation is mixed, however, the Lower Brule Tribe currently has full
management authority. On-reservation management authority over fish and
wildlife was established for the Lower Brule Sioux Tribe via a MOA with
the State of South Dakota, dated October 24, 1986. This MOA will
continue until settled by the court. The MOA provides the tribe
jurisdiction over fish and wildlife on reservation lands, including
deeded and Corps of Engineers taken lands. Recent meetings between the
Lower Brule Sioux Tribe, the South Dakota Department of Game, Fish and
Parks and the Service have yielded consensus on the implementation of
this Agreement for the 1994-95 season. This will allow the public a
clear understanding of the Lower Brule Sioux Wildlife Department
license requirements and regulations. The Lower Brule Reservation
waterfowl season is open to tribal and non-tribal hunters alike.
For the 1994-95 migratory bird hunting season, the Lower Brule
Sioux Tribe is proposing a duck season length of 51 days, which would
run from October 14 through December 3. The daily bag limit would be 4
ducks, which could include 4 mallards but no more than 1 hen mallard.
The goose season would run from October 14 through December 31, with
daily bag limits of 2 Canadas or 2 white-fronted geese, or 2 in the
aggregate. The daily bag limit for snow geese would be 10. Possession
limits for the above would be twice the daily bag limits.
For the 1993-94 season, calculations set the duck harvest at 136,
primarily mallards, and the goose harvest at 3,654, virtually all
Canada geese. With these proposed regulations, the duck harvest is
anticipated to increase by 90 and the goose harvest by 500. Estimates
of increase are based on conditions in 1994-95 being the same or
similar to the flight conditions in 1993-94. All basic Federal
regulations contained in 50 CFR Part 20, including the use of steel
shot, Migratory Waterfowl Hunting and Conservation Stamp, etc., would
be observed. The Lower Brule Sioux Tribe has an official Conservation
Code that was established by Tribal Council Resolution on June 1982.
The Service proposes to approve the regulations set out here for
the Lower Brule Reservation, provided the Service and the tribe can
come to agreement on restrictions relative to species of concern, e.g.,
wood ducks, redheads, canvasbacks, hooded mergansers and pintails.
12. Yankton Sioux Tribe, Marty, South Dakota
On May 31, 1994, the Yankton Sioux Tribe submitted a waterfowl
hunting proposal for the 1994-95 season. The Yankton Sioux tribal
waterfowl hunting season would be open to both tribal members and
nonmembers. The waterfowl hunting regulations to be established by this
proposal would apply to tribal and trust lands within the external
boundaries of the reservation.
The duck (including mergansers) and coot hunting regulations
proposed by the Yankton Sioux Tribe, including seasons and bag limits,
are as follows: Season limits would be October 29 to December 6, 1994.
The possession limits for ducks and coots would be twice the daily bag
limits, with only double the species restrictions. Daily bag limits
would be 4 for ducks and 15 for coots. For ducks, the daily bag limit
would include only 3 mallards (of which only 1 may be a hen), 1
redhead, 1 pintail, 2 wood ducks, 1 canvasback and 1 hooded merganser.
Swan season and bag limits would follow those set by the State of
South Dakota, for both tribal and nontribal hunters.
The tribe has requested a continuous Canada (including brant), snow
and white-fronted goose hunting season, beginning approximately October
1 and ending on December 18, 1994. The dark goose daily bag limit would
be 2 Canada geese and 1 white-fronted goose. For white geese, the daily
bag limit would be 10. Possession limits for geese are twice the daily
bag limit.
A special extended goose season is proposed within the Yankton
Sioux Reservation for both tribal and nontribal members. This season
would begin at the close of the regular goose season (December 19,
1994) and continue through January 8, 1995. During this extended
season, hunting for geese would be allowed only in the special hunting
zone established by the Yankton Sioux Tribe in the area commonly known
as the Chalk Rock Colony (Goose Hunting Unit 2). Bag limit and other
regulations information, as well as maps, for this zone would be
available at the Bureau of Indian Affairs Office in Wagner, South
Dakota.
All hunters would have to be in possession of a valid tribal
license while hunting on Yankton Sioux trust lands. Tribal and
nontribal hunters would have to comply with all basic Federal migratory
bird hunting regulations in 50 CFR Part 20, regarding shooting hours
and manner of taking. Special regulations established by the Yankton
Sioux Tribe also apply on the reservation.
The Service proposes to concur with the Yankton Sioux proposal for
the 1994-95 hunting season, and requests that the tribe continue to
monitor and report the harvest of Canada, snow and white-fronted geese.
13. Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana
For the past several years, the Confederated Salish and Kootenai
Tribes and the State of Montana have entered into cooperative
agreements for the regulation of hunting on the Flathead Indian
Reservation. The State and the Tribes are currently operating under a
cooperative agreement signed in 1990 that addresses fishing and hunting
management and regulation issues of mutual concern. This agreement
enables all hunters to utilize waterfowl hunting opportunities on the
reservation. Reservation proposed special regulations for waterfowl
hunting were submitted to the Service in a May 20, 1994, letter and
would follow regulations for the Montana area of the Pacific Flyway,
included in final Federal frameworks.
As in the past, tribal regulations for non-tribal duck and goose
hunters would be at least as restrictive as for the Pacific Flyway
portion of the State and, if circumstances warrant, would provide for
early closure of goose hunting. Early closure may occur on December 4,
1994, in the special goose management unit that will be described in a
later rulemaking. Shooting hours for waterfowl hunting on the Flathead
Reservation are sunrise to sunset over the dates to be specified in the
final regulations.
The requested season dates and bag limits are similar to the
regulations of the past five years and it is anticipated there will be
no significant changes in harvest levels. Data from check stations
indicate the estimated 1993-94 duck harvest to be 309 and the goose
harvest to be 120. A large majority of the harvest is by non-tribal
hunters.
The Service proposes to approve the tribes' request for special
migratory bird regulations for the 1994-95 hunting season.
14. Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho
Almost all of the Fort Hall Indian Reservation is tribally-owned.
The tribes claim full wildlife management authority throughout the
reservation, but the Idaho Fish and Game Department has disputed tribal
jurisdiction, especially for hunting by nontribal members on
reservation lands owned by non-Indians. As a compromise, since 1985,
the Service has established the same waterfowl hunting regulations on
the reservation and in a surrounding off-reservation State zone. The
regulations were requested by the tribes and provided for different
season dates than in the remainder of the State. The Service agreed to
the season dates because it seemed likely that they would provide
additional protection to mallards and pintails; the State concurred
with the zoning arrangement. The Service has no objection to the
State's use of this zone again in the 1994-95 hunting season, provided
the duck and goose hunting season dates are the same as on the
reservation. In a May 11, 1994, proposal, for the 1994-95 hunting
season, the Shoshone-Bannock Tribes have requested a continuous duck
(including mergansers) season with the maximum number of days and the
same daily bag and possession limits permitted Pacific Flyway States,
under final Federal frameworks to be announced. If 59 days are
permitted, as in last year, this could conceivably begin the season on
October 22 and conclude it on December 20, 1994, with a later opening
and a later closure. Coot and snipe season dates would be the same as
for ducks, with the same daily bag and possession limits permitted
Pacific Flyway States.
The tribes also requested a continuous goose season with the
maximum number of days and the same daily bag and possession limits
permitted Idaho under Federal frameworks. The tribes propose that, if
the same number of hunting days (93) are permitted as in previous
years, the season would have a later opening (October 8, 1994) and a
later closing date (January 8, 1995) than last year.
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. Special regulations established by the Shoshone-
Bannock Tribes also apply on the reservation.
The Service notes that the requested regulations are nearly
identical to those of last year and proposes to approve them.
15. The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington
The Tulalip Tribes are the successors in interest to the Snohomish,
Snoqualmie and Skykomish tribes and other tribes and bands signatory to
the Treaty of Point Elliott of January 22, 1855. The Tulalip Tribes
government is located on the Tulalip Indian Reservation at Marysville,
Washington. The tribes or individual tribal members own all of the land
on the reservation, and they have full wildlife management authority.
All lands within the boundaries of the Tulalip Tribes Reservation are
closed to non-member hunting unless opened by Tulalip Tribal
regulations.
In a letter dated May 13, 1994, the Tulalip Tribes proposed tribal
and non-tribal hunting regulations for the 1994-95 seasons as follows:
For ducks and coot, the proposed season for tribal members would be
from September 15, 1994, through February 1, 1995. In the case of non-
tribal hunters hunting on the reservation, the season would be the
latest closing date and the longest period of time allowed for the
State of Washington under final Federal frameworks, to be announced.
Daily bag and possession limits for Tulalip Tribal members would be 6
and 12 ducks, respectively, except that for blue-winged teal,
canvasback, harlequin, pintail and wood duck the bag and possession
limits would be the same as those established for the State of
Washington in accordance with final Federal frameworks. For non-tribal
hunters, bag and possession limits would be the same as those permitted
the State of Washington under final Federal frameworks, to be
announced. It would be necessary for non-tribal hunters to check with
the Tulalip tribal authorities for additional conservation measures
which may apply for specific species managed within the ``region.''
For geese, tribal members are proposed to be allowed to hunt from
September 15, 1994, through February 1, 1995. Non-tribal hunters would
be allowed the longest season and the latest closing date permitted for
the State of Washington under final Federal frameworks, to be
announced. For tribal hunters, the goose daily bag and possession
limits are proposed to be 6 and 12, respectively, except that the bag
limits for brant, cackling Canada geese and dusky Canada geese would be
those established for the Pacific Flyway in accordance with final
Federal frameworks, to be announced. For non-tribal hunters hunting on
reservation lands, the daily bag and possession limits would be those
established in accordance with final Federal frameworks for the State
of Washington, to be announced. The Tulalip Tribe also sets a maximum
annual bag limit on ducks and geese for those tribal members who engage
in subsistence hunting.
For snipe, the proposed open seasons follow those regulations for
ducks, coot and geese given above. For both tribal and non-tribal
hunters, snipe daily bag and possession limits are proposed to be set
at 6 and 12, respectively.
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
regulations enforced by the tribe. Non-tribal hunters sixteen 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 through signature across the face in ink.
Although the season length requested by the Tulalip Tribes appears
to be quite liberal, a rough estimate of past harvests indicates a
total take by tribal and non-tribal hunters under 1,000 ducks and 500
geese, annually. The Service intends to concur with the Tulalip Tribes
request for the above seasons and requests that the harvest be
monitored closely and regulations be reevaluated for future years if
harvest becomes too great in relation to population numbers.
Public Comment
The Director intends that finally adopted rules be as responsive as
possible to all concerned interests. Therefore, she desires to obtain
the comments and suggestions on these proposals from the public, other
concerned governmental agencies, tribal and other Indian organizations,
and private interests, and she will take into consideration any
reasonable comments received. Such comments, and any additional
information received, may lead the Director to adopt final regulations
differing from these proposals.
No public comment has been provided to the Service for the Notice
of Intent published on April 7, 1994, to promulgate a rulemaking with
regard to regulations for migratory bird hunting by American Indian
tribal members.
Comment Procedure
Special circumstances in the establishment of these regulations
limit the amount of time that the Service can allow for public comment.
Two considerations compress the time in which this rulemaking process
must operate: the need, on the one hand, for tribes and the Service to
establish final regulations before September 1, 1994, and on the other
hand, the unavailability until late July of specific reliable data for
each year's status of waterfowl. Therefore, the Service believes that
to allow a comment period past August 31, 1994 is impracticable in
terms of publishing timely rulemakings and contrary to the public
interest.
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may participate by
submitting written comments to the Director, (FWS/MBMO), U.S. Fish and
Wildlife Service, Department of the Interior, 634 ARLSQ, 1849 C St.,
NW, Washington, D.C. 20240. Comments received will be available for
public inspection during normal business hours at the Service's Office
of Migratory Bird Management in Room 634, Arlington Square Building,
4401 N. Fairfax Drive, Arlington, VA 22203. All relevant comments on
the proposals received no later than August 31, 1994 will be
considered.
NEPA Consideration
Pursuant to the requirements of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final
Environmental Statement for the Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed
with the Council on Environmental Quality on June 6, 1975, and notice
of availability was published in the Federal Register on June 13, 1975,
(40 FR 25241). A supplement to the final environmental statement, the
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-
14)'' was filed on June 9, 1988, and notice of availability was
published in the Federal Register on June 16, 1988 (53 FR 22582), and
June 17, 1988 (53 FR 22727). In addition, an August 1985 environmental
assessment titled ``Guidelines for Migratory Bird Hunting Regulations
on Federal Indian Reservations and Ceded Lands'' is available from the
Service.
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, the Service has initiated
Section 7 consultation under the Endangered Species Act for the
proposed migratory bird hunting seasons including those which occur on
Federally recognized Indian reservations and ceded lands. When
completed, the Service's biological opinion resulting from its
consultation under Section 7 of the Endangered Species Act may be
inspected by the public in, and/or are available to the public from,
the Division of Endangered Species and Habitat Conservation and the
Office of Migratory Bird Management, U.S. Fish and Wildlife Service,
Department of the Interior, Washington, D.C. 20240. Copies of these
documents are available from the Service at the address indicated under
the caption ADDRESSES.
Regulatory Flexibility Act, Executive Order 12866, and the
Paperwork Reduction Act
In the April 7 Federal Register, the Service reported measures it
had undertaken to comply with requirements of the Regulatory
Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and Executive Order
12866. These included preparing an Analysis of Regulatory Effects,
preparing a Small Entity Flexibility Analysis under the Regulatory
Flexibility Act, and publishing a summary of the latter. This
information is included in the present document by reference. This
action was not subject to review by the Office of Management and Budget
under Executive Order 12866. This rule does not contain any information
collection requiring approval by the Office of Management and Budget
under 44 U.S.C. 3504.
Authorship
The primary author of this proposed rulemaking is Dr. Keith A.
Morehouse, Office of Migratory Bird Management.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Transportation, Wildlife.
Based on the results of soon to be completed migratory game bird
studies, and having due consideration for any data or views submitted
by interested parties, this proposed rulemaking may result in the
adoption of special hunting regulations for migratory birds beginning
as early as September 1, 1994, on certain Federal Indian reservations,
off-reservation trust lands, and ceded lands. Taking into account both
reserved hunting rights and the degree to which tribes have full
wildlife management authority, the regulations only for tribal or for
both tribal and nontribal members may differ from those established by
States in which the reservations, off-reservation trust lands, and
ceded lands are located. The regulations will specify open seasons,
shooting hours, and bag and possession limits for rails, coot,
gallinules (including moorhen), woodcock, common snipe, band-tailed
pigeons, mourning doves, white-winged doves, ducks (including
mergansers) and geese.
The rules that eventually will be promulgated for the 1994-95
hunting season are authorized under the Migratory Bird Treaty Act
(MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), as
amended. The MBTA authorizes and directs the Secretary 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.
Dated: August 1, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-20038 Filed 8-15-94; 8:45 am]
BILLING CODE 4310-55-P
