[Federal Register Volume 61, Number 160 (Friday, August 16, 1996)]
[Proposed Rules]
[Pages 42730-42740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20963]
[[Page 42729]]
_______________________________________________________________________
Part VI
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Proposed Migratory Bird Hunting Regulations on Certain Federal Indian
Reservations and Ceded Lands for the 1996-97 Season; Proposed Rule
Federal Register / Vol. 61, No. 160 / Friday, August 16, 1996 /
Proposed Rules
[[Page 42730]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 1996-97 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule proposes special migratory bird hunting regulations
for certain tribes on Federal Indian reservations, off-reservation
trust lands, and ceded lands for the 1996-97 migratory bird hunting
season.
DATES: The comment period for these proposed regulations will end
August 26, 1996.
ADDRESSES: Comments should be sent to: Chief, Office of Migratory Bird
Management, 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: Ron W. Kokel, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, (703/358-1714).
SUPPLEMENTARY INFORMATION: In the March 22, 1996, Federal Register (61
FR 11986), the Service requested proposals from Indian tribes wishing
to establish special migratory bird hunting regulations for the 1996-97
hunting season, under the guidelines described in the June 4, 1985,
Federal Register (50 FR 23467). The Service developed guidelines in
response to tribal requests for 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 must
be consistent with the March 10 to September 1 closed season mandated
by the 1916 Migratory Bird Treaty with Canada. The guidelines apply to
those tribes having 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
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, the
Service provides the following clarification. The Service routinely
provides copies of Federal Register publications to all State
Directors, tribes and others interested parties. It is the
responsibility of the States, tribes and others to notify the Service
of any concern regarding any feature(s) of any regulations to the
attention of the Service. When the Service receives such notification,
we will initiate consultation.
Service guidelines provide for the continued 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 does not
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;
reviewed the current status of migratory bird hunting on Federal Indian
reservations; and evaluated the potential impact of such guidelines on
migratory birds. The Service concluded that the impact of migratory
bird harvest by tribal members hunting on their reservations is
minimal.
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 which are different from those
established by the State(s) where the 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 this unlikely, however, because tribal proposals must
include:
(a) details on the harvest anticipated under the requested
regulations;
(b) methods to be used in measuring or monitoring harvest (such as
bag checks, mail questionnaires, etc.);
(c) steps to be used to limit level of harvest, where it could be
shown that failure to limit such harvest would adversely impact the
migratory bird resource; and
(d) the tribes ability to establish and enforce migratory bird
hunting regulations.
The Service may modify or establish regulations experimentally,
after evaluation and confirmation of harvest information obtained by
the tribes.
The Service believes 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. The Service believes they have been
tested adequately and therefore, made them final beginning with the
1988-89 hunting season. 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
[[Page 42731]]
State(s) in which the reservation is located.
In summary, this document proposes 1996-97 season migratory bird
hunting regulations for participating tribes.
Hunting Season Proposals from Indian Tribes and Organizations
For the 1996-97 hunting season, the Service received requests from
twenty tribes and Indian organizations in accordance with 1985 proposal
guidelines and appropriate for Federal Register publication. The Fond
du Lac Band of Lake Superior Chippewa Indians (Minnesota), the Point No
Point Treaty Tribes (Washington), and the Swinomish Indians
(Washington) are included in the regulations this year for the first
time.
The Service actively solicits regulatory proposals from other
tribal groups that have are interested in working cooperatively for the
benefit of waterfowl and other migratory game birds. The Service
encourages tribes to work with us to develop 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. A final rule will
be published later in an August 1996 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. A final rule will also be
published in a September 1996 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, 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 permitted by the State(s) in which the tribal hunting area is
located.
The proposed frameworks for early-season regulations were published
in the Federal Register on July 19, 1996 (61 FR 37994); 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 previously discussed, no action is required by tribes wishing to
observe migratory bird hunting regulations established by the State(s)
where they are located.
The proposed regulations for the twenty tribes with proposals that
meet the established criteria are shown below.
(a) Colorado River Indian Tribes, Colorado River Indian Reservation,
Parker, Arizona (Tribal Members and Non-tribal Hunters)
The Colorado River Indian Reservation is located in Arizona and
California. The tribes own almost all lands on the reservation, and
have full wildlife management authority.
In their 1996-97 proposal, dated June 21, 1996, the Colorado River
Indian Tribes requested split dove seasons. They propose their early
season begin September 1 and end September 15, 1996. Daily bag limits
would be 10 mourning or 10 white-winged doves either singly or in the
aggregate. The late season for doves is proposed to open November 16,
1996, and close January 15, 1997. A daily bag limit would be 10
mourning doves. The possession limit would be twice the daily bag
limit. Shooting hours would be from one-half hour before sunrise to
noon. Other special tribally set regulations would apply.
The tribes also propose split duck hunting seasons. The first
season would run from October 13, 1996, through November 10, 1996, and
the second from December 7, 1996, through January 5, 1997. The tribes
propose the same season dates for coots and common moorhens. The daily
bag limit for ducks, including mergansers, would be 4 birds, 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.
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 propose a season of
October 19, 1996, through January 19, 1997. 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 and, based upon past
seasons, the tribes estimate harvest will be less than 400 ducks and
100 geese.
Hunters must have a valid Colorado River Indian Reservation hunting
permit in their possession while hunting. As in the past, the
regulations would apply both to tribal and non-tribal hunters, and non-
toxic shot is required for waterfowl hunting. The Service proposes to
approve the Colorado River Indian Tribes regulations for the 1996-97
hunting season.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Non-tribal Hunters)
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. The tribes proposed special regulations for waterfowl
hunting were submitted to the Service in a May 28, 1996, proposal.
As in the past, tribal regulations for nontribal members would be
at least as restrictive as those established for the Pacific Flyway
portion of Montana. Goose season dates would also be at least as
restrictive as those established for the Pacific Flyway portion of
Montana.
Shooting hours for waterfowl hunting on the Flathead Reservation
are sunrise to sunset. Steel shot is the only legal shotgun load on the
reservation for waterfowl.
The requested season dates and bag limits are generally similar to
past regulations. Harvest levels are not expected to change
significantly. Standardized check station data from the 1993-94 and
1994-95 hunting seasons indicated no significant changes in harvest
levels and that the 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 1996-97 hunting season.
[[Page 42732]]
(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Non-tribal Hunters)
The Crow Creek Indian Reservation has a checkerboard pattern of
land ownership, with much of the land owned by non-Indians. Since the
1993-94 season, the tribe has selected special waterfowl hunting
regulations independent of the State of South Dakota. The tribe
observes migratory bird hunting regulations contained in 50 CFR part
20.
In a May 20, 1996, proposal, the tribe requested duck season dates
of October 26 to December 22, 1995, with the same daily bag and
possession limits permitted by the final Federal frameworks. The season
and bag limits would be essentially the same as last year, given the
final Federal frameworks, and harvest is again expected to be low
because of the small number of hunters. In 1994-95, duck harvest was 48
birds, down from 67 in 1993-94.
For geese, the tribe requested a goose hunting season of October 5,
1996, through January 5, 1997, with the daily bag and possession limits
the same as those permitted by final Federal frameworks. The tribe's
estimated harvest for last season has not been compiled, however, the
1994-95 harvest was 90 geese. This figure is less than half of the
estimated harvest for the previous hunting season. Harvest for the
1996-97 coming season should be approximately the same as that in 1994-
95.
The Service proposes to approve the tribal requests for duck and
goose hunting regulations. As with all other groups, the Service
requests the tribe continue to survey and report harvest.
(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only)
For the first time, the Service and the Fond du Lac Band of Lake
Superior Chippewa Indians are cooperating to establish special
migratory bird hunting regulations for tribal members. In the past, the
Service and the band established these special regulations under the
auspices of the Great Lakes Indian Fish and Wildlife Commission. The
Fond du Lac's May 29, 1996, proposal covers land ceded to the band
under the Treaty of 1854 in northeast Minnesota.
The band's proposal for 1996-97 is essentially the same as that
approved by the Service last year for the Great Lakes Indian Fish and
Wildlife Commission. For a more complete review of the history, and the
Service's position, surrounding the establishment of special migratory
bird hunting regulations on lands ceded under the Treaty of 1854, see
the proposal by the Great Lakes Indian Fish and Wildlife Commission
below.
Specifically, the Fond du Lac Band proposes a September 14 to
November 24, 1996, season on ducks, mergansers, geese, coots and
moorhens, sora and virginia rails, snipe, and woodcock. Proposed bag
limits would consist of the following:
Ducks
Daily Bag Limit: 20 ducks, including no more than 10 mallards (only
5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2
canvasbacks.
Mergansers
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Geese
Daily Bag Limit: 10 geese.
Coots and Common Moorhens (Common Gallinules)
Daily Bag Limit: 25 coots and common moorhens, singly or in the
aggregate.
Sora and Virginia Rails
Daily Bag and Possession Limit: 25 sora and Virginia rails singly,
or in the aggregate.
Common Snipe
Daily Bag Limit: 8 common snipe.
Woodcock
Daily Bag Limit: 5 woodcock.
The following general conditions apply:
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 in 50 CFR Part
20 as to hunting methods, transportation, sale, exportation and other
conditions generally applicable to migratory bird hunting.
3. Band 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 band 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. All migratory birds which fall on reservation lands
will not count as part of any off-reservation bag or possession limit.
The band anticipates harvest will be fewer than 500 ducks and geese
and 150 coots. Estimated harvest is based on mail survey results from
the 1995 season.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Fond du Lac Band of Lake Superior
Chippewas.
(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995-96 migratory bird seasons, the Grand Traverse Band of
Ottawa and Chippewa Indians and the Service first cooperated to
establish special regulations for waterfowl. The Grand Traverse Band is
a self-governing, federally recognized tribe located on the west arm of
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse
Band is a signatory tribe of the Treaty of 1836. The Service has
approved special regulations for tribal members of the 1836 treaty's
signatory tribes on ceded lands in Michigan since the 1986-87 hunting
season.
For the 1996-97 season, the Grand Traverse Band of Ottawa and
Chippewa Indians proposes a tribal member duck season that would run
from September 15 through November 30, 1996. A daily bag limit of 7
would include no more than 1 pintail, 1 canvasback, 1 black duck, 2
wood ducks, 2 redheads, and 2 hen mallards.
For Canada geese, the tribe proposes a September 1 through November
30, 1996, and a January 1 through February 7, 1996, season. For white-
fronted geese, brant, and snow geese, the tribe proposes an October 1
through November 30, 1996, season. The daily bag limit for all geese
(including brant) would be 5 birds. Based on Service information, it is
unlikely that any Canada geese from the Southern James Bay Population
would be harvested by the tribe. All other Federal regulations
[[Page 42733]]
contained in 50 CFR part 20 would apply.
The tribe proposes to closely monitor harvest through game bag
checks, patrols, and mail surveys. In particular, the tribe proposes
monitoring the harvest of Southern James Bay Canada geese to assess any
impacts of tribal hunting on the population.
The Service proposes to approve the Grand Traverse Band of Ottawa
and Chippewa Indian's requested 1996-97 special migratory bird hunting
regulations.
(f) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
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 Service decision to approve a
special 1991-92 season for the 1836 ceded area in Michigan.
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 May 29, 1996, letter, the GLIFWC proposed off-reservation
special migratory bird hunting regulations for the 1996-97 seasons.
Details of the proposed regulations are shown below. In general, the
proposal is essentially identical to the regulations approved for the
1995-96 season for ducks (including mergansers) and geese 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 would be the same as those
permitted for the State of Michigan, except for the daily bag limit of
geese. In the past, the GLIFWC's request for increased 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.
Results of the 1995-96 hunter survey show that 2747 ducks and 391
geese were actually harvested. Under the proposed regulations, harvest
is expected to be similar to last year and most likely would not exceed
3000 ducks and 900 geese.
The Service believes that regulations advanced by the GLIFWC for
the 1996-97 hunting season are biologically acceptable and recommends
approval. 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. Its intent is to
provide 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
proposal.
The GLIFWC's proposed 1996-97 waterfowl hunting season regulations
are as follows:
Ducks
A. Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Begin September 15 and end November 7, 1996.
Daily Bag Limit: 20 ducks, including no more than 10 mallards (only
5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2
canvasbacks.
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 and 1842 Zones:
Season Dates: Begin September 15 and end November 7, 1996.
Daily Bag Limit: 5 mergansers.
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 and 1842 Zones:
Season Dates: Begin September 15 and end December 1, 1996.
Daily Bag Limit: 10 Canada geese, 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.
[[Page 42734]]
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 and 1842 Zones:
Season Dates: Begin September 15 and end December 1, 1996.
Daily Bag Limit: 10 geese, 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 geese, 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 geese, 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 and 1842 Zones:
Season Dates: Begin September 15 and end November 7, 1996.
Daily Bag Limit: 20 coots and common moorhens (common gallinules),
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 and 1842 Zones:
Season Dates: Begin September 15 and end November 7, 1996.
Daily Bag Limit: 25 sora and Virginia rails 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 and possession limit would be 25 sora and
Virginia rails 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 and possession limit would be 25 sora and
Virginia rails singly, or in the aggregate.
Common Snipe
A. Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Begin September 15 and end November 7, 1996.
Daily Bag Limit: 8 common snipe.
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 common snipe.
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 common snipe.
Woodcock
A. Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Begin September 3 and end November 30, 1996.
Daily Bag Limit: 5 woodcock.
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 woodcock.
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 woodcock.
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 in 50 CFR Part
20 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.
(g) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Non-tribal Hunters)
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. In general, the proposed seasons
would be more conservative than allowed by the Federal frameworks of
last season and by States in the Pacific Flyway.
In a May 15, 1996, proposal, the tribe proposed a 1996-97 waterfowl
season opening date of October 5 and a closing date of November 30,
1996. Daily bag and possession limits would be the same as Pacific
Flyway States. The tribe proposes, however, a closed season on
canvasbacks and Canada geese. Other regulations specific to the Pacific
Flyway guidelines for New Mexico would be in effect.
The Jicarilla Game and Fish Department's annual estimate of
waterfowl harvest is relatively small. In the 1995-96 season, estimated
duck harvest was 1,104, down from 1,212 in 1994-95. The species
composition in the past has included mainly mallards, gadwall, teal,
and wigeon. Northern pintail comprised only 2 percent of the total
harvest in 1994.
The proposed regulations are essentially the same as were
established last year and the tribe anticipates the maximum 1996-97
waterfowl harvest would be around 1,300 ducks. However, a severe
drought which occurred on the reservation could limit waterfowl hunting
opportunities and result in a significantly decreased harvest.
[[Page 42735]]
The Service proposes to approve the tribe's requested 1996-97
hunting seasons.
(h) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Non-tribal Hunters)
The Kalispel Reservation was established by Executive Order in
1914, and currently comprises approximately 4600 acres. The tribe owns
all Reservation land and has full management authority. The Kalispel
Tribe has a fully developed wildlife program with hunting and fishing
codes. The tribe enjoys excellent wildlife management relations with
the State. The tribe and the State have an operational Memorandum of
Understanding with emphasis on fisheries but also for wildlife. The
non-tribal member seasons described below pertain to 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 first time, the requested 1996-97 regulations also include
a proposal for Kalispel-member only migratory bird hunting on Kalispel-
ceded lands within Washington and Idaho.
For the 1996-97 migratory bird hunting seasons, the Kalispel Tribe
proposed, in a June 18, 1996, letter, tribal and non-tribal member
waterfowl seasons. For non-tribal members, the tribe requests seasons
which begin 2 weeks earlier and end 2 weeks later than those for the
State of Washington in the same area. The outside frameworks, however,
for ducks and geese would run from October 1, 1996, through January 31,
1997. In that period, non-tribal hunters would be allowed to hunt on
weekends, holidays and continuously in the month of December for a
total of 68 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. Harvest is expected to be
less than 200 geese and 250 ducks.
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, would be required.
For tribal members on Kalispel-ceded lands, the Kalispel proposes
outside frameworks for ducks and geese of October 1, 1996, through
January 31, 1997. However, during that period, the tribe proposes that
the season run continuously. Daily bag and possession limits would be
the same as those for the States of Washington and Idaho. Harvest is
expected to be less than 200 geese and 250 ducks.
Tribal members would be required to possess a signed Federal
migratory bird stamp and a tribal ceded lands permit.
The Service proposes to approve the regulations requested by the
Kalispel Tribe.
(i) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
The Klamath Tribe currently has no reservation, per se. However,
the Klamath Tribe has reserved hunting, fishing and gathering rights
within its 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 sets the seasons. The
tribal biological staff and tribal Regulatory Enforcement Officers
monitor tribal harvest by frequent bag checks and hunter interviews.
In a May 31, 1996, letter, the Klamath Tribe proposed season dates
that run from October 1, 1996, through January 31, 1997. Daily bag
limits would be 9 for ducks and 6 for geese with possession limits
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.
Based on the number of birds produced in the Klamath Basin, the
tribe expects that this year's duck harvest will be similar to last
year's while goose harvest will most likely be above 1995 levels.
Information on tribal harvest suggests that more than 70 percent of the
annual goose harvest is local birds produced in the Klamath basin.
The Service proposes to approve the regulations of the Klamath
Tribe.
(j) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Non-tribal Hunters)
The Lower Brule Sioux Tribe first established tribal migratory bird
hunting regulations for the Lower Brule Reservation in 1994. 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. The MOA provides the
tribe jurisdiction over fish and wildlife on reservation lands,
including deeded and Corps of Engineers taken lands. Although the tribe
is in litigation with the State of South Dakota regarding jurisdiction,
this MOA has continued to be in effect until ultimate settlement by the
Federal District Court. This year, the Federal District Court granted a
recent motion for a stay which will allow the existing MOA to continue.
Meetings between the Lower Brule Sioux Tribe, the South Dakota
Department of Game, Fish and Parks and the Service are continuing. For
the 1996-97 season, this stay will allow the public a clear
understanding of the Lower Brule Sioux Wildlife Department license
requirements and hunting season regulations. The Lower Brule
Reservation waterfowl season is open to tribal and non-tribal hunters.
For the 1996-97 migratory bird hunting season, the Lower Brule
Sioux Tribe proposes a duck season length of 83 days, the same number
of days as allowed in the High Plains Management Unit. The tribe's
proposed season would run from October 10 through December 31, 1996.
The daily bag limit would be the same as that allowed by South Dakota.
Possession limits would be twice the daily bag limits.
The tribe's proposed goose season would run from October 7 through
December 31, 1996, with a daily bag limit of 2 dark geese, which may
not include more than 1 white-fronted geese. The daily bag limit for
light geese would be 10. Possession limits would be twice the daily bag
limits.
In the 1995-96 season, hunters harvested an estimated 411 geese and
362 ducks. In 1994, duck harvest species composition was primarily
mallard (57 percent), gadwall (10 percent), and green-winged teal (10
percent). Goose harvest was 98 percent Canada geese. Additionally, 1995
tribal goose camp harvest was 2,511 geese. For the past 3 years, goose
camp harvest averaged approximately 3,000 geese. In 1994, 97 percent of
this traditional harvest was Canada geese.
The tribe anticipates a duck harvest of 500 birds and a goose
harvest similar to the 3-year average if its 1996-97 regulations are
approved. 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 by the tribe's proposed
regulations. In addition, the Lower
[[Page 42736]]
Brule Sioux Tribe has an official Conservation Code that was
established by Tribal Council Resolution on June 1982 and updated in
1996.
The Service proposes to approve the tribe's proposed regulations
for the Lower Brule Reservation.
(k) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Non-tribal Hunters)
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
nation owns almost all lands on the reservation and has full wildlife
management authority.
In a July 17, 1996, communication, the tribe proposed special
migratory bird hunting regulations on the reservation for both tribal
and non-tribal members for the 1996-97 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.
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 nation proposes to require tribal members and non-
members to comply with all basic Federal migratory bird hunting
regulations in 50 CFR Part 20 pertaining to 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 1996-97 migratory bird hunting seasons.
(l) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal
Members Only)
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. The Oneida Tribe also has a
good working relationship with the State of Wisconsin and the majority
of the seasons and limits are the same for the tribe and Wisconsin.
In a June 3, 1996, letter to the Service, the tribe proposed
special migratory bird hunting regulations. For ducks, geese, and
woodcock, the tribe described the general ``outside dates'' as being
September 1 through November 30, 1996, inclusive.
The tribe recommends a season quota of 150 Canada geese. Canada
goose bag limits would be 2 tribally tagged geese per day. The tribe
will reissue 2 tags when 2 birds are registered. The possession limit
for Canada geese is 4. If the quota is attained before the season
concludes, the tribe will recommend closing the season early.
For ducks, the tribe proposes a daily bag limit of 5 birds, which
could include no more than 3 mallards, 1 hen mallard, 4 wood ducks, 1
canvasback, 1 redhead, 2 pintails, and 1 hooded merganser.
For woodcock, the tribe proposes a daily bag and possession limit
of 6 and 12, respectively.
The tribe proposes shooting hours be one-half hour before sunrise
to sunset. Tribal members and non-tribal members hunting on the
Reservation or on lands under the jurisdiction of the tribe will
observe all basic Federal migratory bird hunting regulations found in
50 CFR, with the following exceptions. Indian hunters would be exempt
from the purchase of the Migratory Waterfowl Hunting and Conservation
Stamp (Duck Stamp); and shotgun capacity would not be limited to 3
shells.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Oneida Tribe of Indians of Wisconsin,
provided the tribe continues to delay the opening of their duck season
until September 15. The Oneida tribe has traditionally delayed the
opening of their duck season to September 15 to avoid possible
significant impacts on local nesting duck populations. The Service
commends the tribe for these conservation efforts.
(m) Point No Point Treaty Tribes, Kingston, Washington (Tribal Members
and Non-tribal Hunters)
For the first time, the Service and the Point No Point Treaty
Tribes, consisting of the Skokomish, Port Gamble Sklallam, Jamestown
Sklallam, and Elwha Sklallam tribes, are cooperating to establish
special regulations for migratory bird hunting. The four tribes have
reservations located on the Olympic Peninsula in Washington. All four
tribes have successfully administered tribal hunting regulations since
1985 and each tribe has a comprehensive hunting ordinance.
The tribes' May 10, 1996, proposal requests seasons for ducks,
geese, brant, snipe, grebes, and mourning doves with the earliest
opening date available, and the same daily bag and possession limits
and season length allowed under final Federal frameworks for the
Pacific Flyway and the State of Washington in 1996. For conservation,
the tribes request a closed season on wood ducks, harlequin ducks,
Aleutian Canada geese, cackling Canada geese, band-tailed pigeons and
swans.
Anticipated tribal harvest under the proposed regulations is
approximately 300 to 350 birds for all four tribes. Harvest is
monitored using a mail survey after the season.
The Service proposes to approve the Point No Point Treaty Tribes
requested 1996-97 regulations.
(n) Seminole Tribe of Florida, Big Cypress Seminole Reservation,
Clewiston, Florida (Tribal Members and Non-tribal Hunters)
For the first time, in the 1995-96 migratory bird seasons, the
Seminole Tribe of Florida and the Service cooperated to establish
regulations for the 70,000 acre Big Cypress Seminole Reservation.
Located northwest of Miami, the Big Cypress Seminole Reservation is
totally tribally owned and the tribe has full wildlife management
authority.
For the 1996-97 season, the Seminole Tribe proposes establishing a
mourning dove season from September 22, 1996, through January 15, 1997.
Hunting would be allowed for tribal and non-tribal members, but would
be on Sundays only from 1:00 p.m. to sunset. Daily bag limits would be
the same as those allowed within the Federal frameworks for the State
of Florida. All other Federal regulations contained in 50 CFR part 20
would apply.
The tribe expects the harvest for the Reservation to be 6,000
doves, and will cease hunting after the anticipated harvest has been
reached. The tribe controls all entry to the hunt area.
The Service proposes to approve the Seminole Tribe's requested
1996-97 special migratory bird hunting regulations.
[[Page 42737]]
(o) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Non-tribal Hunters)
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 non-tribal 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 they seemed to provide additional protection
to mallards and pintails. The State of Idaho concurred with the zoning
arrangement. The Service has no objection to the State's use of this
zone again in the 1996-97 hunting season, provided the duck and goose
hunting season dates are the same as on the reservation.
In a May 22, 1996, proposal for the 1996-97 hunting season, the
Shoshone-Bannock Tribes 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. The tribes propose that, if the same number of
hunting days (93) are permitted as last year, the season would have an
opening date of October 8, 1996, and a closing date of January 8, 1997.
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 anticipate harvest will be between 2,000 and 5,000 ducks.
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 an opening date of October 8, 1996, and a
closing date of January 8, 1997. The tribes anticipate harvest will be
between 4,000 and 6,000 geese.
Non-tribal hunters must comply with all basic Federal migratory
bird hunting regulations in 50 CFR Part 20, pertaining to shooting
hours, use of steel shot, 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 they be approved for the
1996-97 hunting season.
(p) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only)
For the first time, in the 1995-96 migratory bird seasons, the
Squaxin Island Tribe of Washington and the Service cooperated to
establish special tribal migratory bird hunting regulations. These
special regulations would apply to tribal members on the Squaxin Island
Reservation, located in western Washington near Olympia, and all lands
within the traditional hunting grounds of the Squaxin Island Tribe.
For the 1996-97 season, the tribe proposes establishing duck, coot,
and snipe seasons that would run from September 15, 1996, through
January 15, 1997. The daily bag limit for ducks would be 5 per day and
could include only 1 canvasback. The season on harlequin ducks would be
closed. For coots and snipe, the daily bag limit would be 25 and 8,
respectively.
For geese, the tribe proposes establishing a season that would run
from September 15, 1996, through January 15, 1997. The daily bag limit
for geese would be 4 per day and could include only 2 snow geese and 1
dusky Canada goose. The season on Aleutian and Cackling Canada geese
would be closed.
For brant, the tribe proposes establishing a September 15 to
December 31, 1996, season with a daily bag limits of 2 birds per day.
The tribe also proposes a September 15 to December 1, 1996, season for
band-tailed pigeons with a daily bag limit of 2 per day.
In all cases, the possession limit would be twice the daily bag
limit. Shooting hours would be from one-half hour before sunrise to
one-half hour after sunset and steel shot would be required for
migratory bird hunting. Further, the tribe requires all harvest be
reported to their Natural Resources Office within 72 hours.
Under the proposed regulations, the tribe estimates the harvest for
the Reservation will be as follows: 400 ducks; 2,500 coots; 800 snipe;
400 geese; and 200 brant. In 1995, the tribe reports that there was no
harvest of any species. Tribal regulations are enforced by the tribe's
Law Enforcement Department.
The Service proposes to approve the Squaxin Island Tribe's
requested 1996-97 special migratory bird hunting regulations.
(q) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Non-tribal Hunters)
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 June 19, 1996, letter, the Tulalip Tribes proposed tribal and
non-tribal hunting regulations for the 1996-97 seasons as follows:
For ducks and coot, the proposed season for tribal members would be
from September 15, 1996, through February 1, 1997. 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 Pacific Flyway Federal frameworks.
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. Non-tribal
members should check with the Tulalip tribal authorities regarding
additional conservation measures which may apply to specific species
managed within the region.
For geese, tribal members are proposed to be allowed to hunt from
September 15, 1996, through February 1, 1997. Non-tribal hunters would
be allowed the longest season and the latest closing date permitted for
the State of Washington under final Federal frameworks. For tribal
hunters, the goose daily bag and possession limits would 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. For non-tribal
hunters hunting on reservation lands,
[[Page 42738]]
the daily bag and possession limits would be those established in
accordance with final Federal frameworks for the State of Washington.
The Tulalip Tribes also set a maximum annual bag limit on ducks and
geese for those tribal members who engage in subsistence hunting.
Snipe open seasons would follow seasons proposed for ducks and coot
detailed above. For both tribal and non-tribal hunters, snipe daily bag
and possession limits would be 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
tribal 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 by signing across the face.
Although the season length requested by the Tulalip Tribes appears
to be quite liberal, 1990-92 harvest information indicates a total take
by tribal and non-tribal hunters under 1,000 ducks and 500 geese,
annually. The Service proposes approval of the Tulalip Tribes request
for the above seasons. The Service requests that harvest be monitored
closely and regulations be reevaluated for future years if harvest
becomes too great in relation to population numbers.
(r) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)
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 1995-96 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
1996-97 season.
For non-tribal hunters, the tribe proposes a continuous duck, coot,
merganser, gallinule and moorhen hunting season, with an opening date
of November 9, 1996, and a closing date of January 19, 1997. For tribal
members, the tribe proposes a closing date of February 2, 1997. 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 proposing a non-tribal hunter season from
November 9, 1996, through January 19, 1997. For tribal members, the
tribe is proposing a closing date of February 2, 1997. Hunting would be
limited to Canada geese, and the daily bag limit would be 2.
Season dates for band-tailed pigeons and mourning doves would run
concurrently from September 6 through September 15, 1996, 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 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 Service proposes to approve the regulations requested by the
tribe for the 1996-97 seasons.
(s) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Non-
tribal Hunters)
On May 30, 1996, the Yankton Sioux Tribe submitted a waterfowl
hunting proposal for the 1996-97 season. The Yankton Sioux tribal
waterfowl hunting season would be open to both tribal members and non-
tribal hunters. The waterfowl hunting regulations would apply to tribal
and trust lands within the external boundaries of the reservation.
For duck (including mergansers) and coots, the Yankton Sioux Tribe
proposes a season starting October 19, 1996, and running for the
maximum amount of days allowed under the final Federal frameworks.
Daily bag and possession limits would be the same as those adopted by
the State of South Dakota.
For geese, the tribe has requested a dark geese (Canada geese,
brant, white-fronts) and snow geese hunting season starting November 2,
1996, and ending January 31, 1997. Daily bag and possession limits
would be the same as those adopted by the State of South Dakota.
All hunters would have to be in possession of a valid tribal
license while hunting on Yankton Sioux trust lands. Tribal and non-
tribal hunters must comply with all basic Federal migratory bird
hunting regulations in 50 CFR Part 20, pertaining to shooting hours and
the manner of taking. Special regulations established by the Yankton
Sioux Tribe also apply on the reservation.
During the 1995-96 hunting season, the tribe reported that 34 non-
tribal hunters took 75 Canada geese, 10 snow geese, and 25 ducks.
Tribal members harvested less than 50 geese. For the 1996-97 season,
the tribe anticipates a harvest of less than 150 geese and 50 ducks.
The Service concurs with the Yankton Sioux proposal for the 1996-97
hunting season, and requests that the tribe continue monitoring and
reporting the harvest of Canada, snow and white-fronted geese.
(t) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
For the first time, the Service and the Swinomish Indian Tribal
Community are cooperating to establish special regulations for
migratory bird hunting. The Swinomish Indian Tribal Community is a
federally recognized Indian tribe consisting of the Suiattle, Skagit,
and Kikialos tribes. The Swinomish Reservation was established by the
Point Elliott Treaty of 1855 and lies in the Puget Sound area north of
Seattle, Washington.
The Tribal Community proposes an off-reservation duck, merganser,
Canada goose, brant, and coot season opening on the earliest possible
date allowed by the final Federal frameworks for the Pacific Flyway and
closing 30 days after the State of Washington closes. Daily bag and
possession limits would be the same as those allowed by the State
except that the Swinomish request an additional three birds of each
species over that allowed by the State.
The Community anticipates that the proposed regulations will result
in the harvest of approximately 200 to 300 ducks, 25 to 50 Canada
geese, 75 mergansers, 100 brant, and 50 coot. The Swinomish propose a
tag and permit system to monitor harvest and will implement steps to
limit harvest where conservation is needed. All tribal regulations will
be enforced by tribal fish and game officers.
[[Page 42739]]
On reservation, the Tribal Community proposes a hunting season for
the above mentioned species beginning on the earliest possible opening
date and closing March 9, 1997. The Swinomish propose to manage harvest
by a tagging system and anticipate harvest will be similar to that
expected off reservation.
The Service believes the estimated harvest by the Swinomish will be
minimal and will not adversely effect migratory bird populations. The
Service proposes to approve the Tribal Community's proposed regulations
for the 1996-97 season.
Public Comment
The Service intends that adopted final rules be as responsive as
possible to all concerned interests and wants to obtain comments from
all interested areas of the public, as well as other government
agencies. Such comments, and any additional information received, may
lead to final regulations that differ from these proposals.
However, special circumstances involved in the establishment of
these regulations limit the amount of time the Service can allow for
public comment. Specifically, two considerations compress the time in
which the rulemaking process must operate: the need to establish final
rules before September 1, 1995, and the unavailability until late July
of specific reliable data for each year's status of waterfowl.
Therefore, the Service believes allowing comment periods past the dates
specified is contrary to the public interest.
No public comment was provided to the Service regarding the Notice
of Intent published on March 22, 1996, which announced rulemaking on
regulations for migratory bird hunting by American Indian tribal
members.
Comment Procedure
It is the policy of the Department of the Interior to afford the
public an opportunity to participate in the rulemaking process,
whenever practical. Accordingly, interested persons may participate by
submitting written comments 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, D.C. 20240. The public
may inspect comments during normal business hours at the Service's
office in Room 634, Arlington Square Building, 4401 N. Fairfax Drive,
Arlington, VA. The Service will consider all comments received and will
try to acknowledge received comments, but may not provide an individual
response to each commenter.
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). Copies of these documents are available
from the Service at the address indicated under the caption ADDRESSES.
In addition, an August 1985 environmental assessment titled
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian
Reservations and Ceded Lands'' is available from the 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.
Findings from these consultations will be included in a biological
opinion and may cause modification of some regulatory measures proposed
in this document. The final rule will reflect any modifications. The
Service's biological opinion resulting from its Section 7 consultation
are public documents available for public inspection in the Service's
Division of Endangered Species and Office of Migratory Bird Management,
U.S. Fish and Wildlife Service, at the address indicated under the
caption ADDRESSES.
Regulatory Flexibility Act, Executive Order 12866, and the
Paperwork Reduction Act
In the March 22 Federal Register, the Service reported measures it
took to comply with requirements of the Regulatory Flexibility Act and
Executive Order 12866. One measure was to prepare a Small Entity
Flexibility Analysis (Analysis) in 1995 documenting the significant
beneficial economic effect on a substantial number of small entities.
The Analysis estimated that migratory bird hunters would spend between
$258 and $586 million at small businesses. Copies of the Analysis are
available from the Office of Migratory Bird Management. The Service is
currently updating and expanding the 1995 Analysis.
This rule was not subject to review by the Office of Management and
Budget under Executive Order 12866.
The Service has examined these proposed regulations under the
Paperwork Reduction Act of 1995 and found no information collection
requirements.
Unfunded Mandates
The Service has determined and certifies in compliance with the
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that
this rulemaking will not impose a cost of $100 million or more in any
given year on local or State government or private entities.
Civil Justice Reform - Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that these regulations meet the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive Order 12988.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
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, 1996, 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 members
or for both tribal and non-tribal members may differ from those
established by States in which the
[[Page 42740]]
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 1996-97
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 12, 1996
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-20963 Filed 8-15-96; 8:45 am]
BILLING CODE 4310-55-F
