[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Proposed Rules]
[Pages 42960-42969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20447]
[[Page 42959]]
_______________________________________________________________________
Part III
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting; Federal Indian Reservations and Ceded Lands;
Proposed Rule
Federal Register / Vol. 60, No. 159 / Thursday, August 17, 1995 /
Proposed Rules
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[[Page 42960]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AC79
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 1995-96 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 1995-
96 migratory bird hunting season.
DATES: The comment period for these proposed regulations will end
August 28, 1995.
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 or Dr. Keith A.
Morehouse, Office of Migratory Bird Management, U.S. Fish and Wildlife
Service, (703/358-1714).
SUPPLEMENTARY INFORMATION: In the March 24, 1995, Federal Register (60
FR 15642), the Service requested proposals from Indian tribes that
wished to establish special migratory bird hunting regulations for the
1995-96 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 others 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
[[Page 42961]]
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. 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.
In summary, the purpose of this document is to propose 1995-96
season migratory bird hunting regulations for participating tribes.
Hunting Season Proposals from Indian Tribes and Organizations
For the 1995-96 hunting season, the Service received requests from
seventeen 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 Seminole Tribe
of Florida, the Grand Traverse Band of Ottawa and Chippewa Indians
(Michigan), and the Squaxin Island Tribe (Washington) are included in
the regulations this year for the first time.
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 1995 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 1995 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 were published in the Federal Register on July 21, 1995 (60
FR 37754); 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 seventeen tribes with proposals
that meet the established criteria are shown below.
1. 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
have full wildlife management authority.
In their 1995-96 proposal, dated June 26, 1995, the Colorado River
Indian Tribes are requesting split dove seasons. The early season is
proposed to begin on September 1 and end on September 10, 1995, with
the daily bag limits being 10 mourning or 10 white-winged doves either
singly or in the aggregate. The late season for doves is proposed to
open on November 25, 1995, and close on January 14, 1996, with a daily
bag limit of 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 season would run from October 15, 1995,
through November 12, 1995, and the second from December 9, 1995,
through January 7, 1996. The Tribes are proposing 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, 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 have proposed a season
of October 21, 1995, through January 21, 1996. 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.
Hunters are required to 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 would be required for waterfowl hunting.
The Service is proposing to approve the Colorado River Indian Tribes
regulations.
2. 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 30, 1995, proposal.
As in the past, tribal regulations for nontribal duck hunters 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. However, the Tribes propose a possible increase in the daily
bag limit of dark geese from 3 to 4 geese, given the results of 1995
Canada goose production data and discussions with the State of Montana
and the Pacific Flyway Council. The Tribes' requested dark goose daily
bag increase is prompted by increasing reports of goose depredation.
Shooting hours for waterfowl hunting on the Flathead Reservation
are sunrise
[[Page 42962]]
to sunset over the dates to be specified in the final regulations and
steel shot is the only legal shotgun load on the reservation for
waterfowl.
The requested season dates and bag limits are generally similar to
the regulations of the past five years, with the exception of geese,
and it is anticipated that there will be no significant changes in
harvest levels. 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.
Pending approval of the increased daily bag limit of geese by the
State of Montana and the Pacific Flyway Council, the Service proposes
to approve the Tribes' request for special migratory bird regulations
for the 1995-96 hunting season.
3. 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. Since the
1993-94 season, the tribe has selected special waterfowl hunting
regulations independent of the State of South Dakota. All basic
migratory bird hunting regulations contained in 50 CFR part 20 would be
observed by the tribe.
For the 1995-96 hunting season, the tribe, in a proposal dated June
1, 1995, requested duck season dates of October 28 to December 23,
1995, with the same daily bag and possession limits permitted by the
final Federal frameworks, to be announced. 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. Last year, estimated duck harvest was 48 birds
down from 67 in 1994-95.
For geese, the tribe requested a goose hunting season of October 7,
1995, through January 7, 1996, with the daily bag and possession limits
the same as those permitted by final Federal frameworks, to be
announced. The tribe estimates harvest for last season to be about 90
geese which represented less than half of the estimated harvest for the
previous hunting season. Harvest for this coming season should be
approximately the same as last season.
The Service proposes to approve the tribal requests for duck and
goose hunting regulations. As with all other groups, the Service asks
that the tribe continue to survey and report the harvest.
4. Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan
For the first time, in the 1995-96 migratory bird seasons, the
Grand Traverse Band of Ottawa and Chippewa Indians and the Service are
cooperating 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 which
ceded to the United States roughly one-third of the land base of the
present State of Michigan, 80 percent of Lake Michigan off the Michigan
shoreline to the center, northern Lake Huron, and the eastern end of
Lake Superior. 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 1995-96 season, the Grand Traverse Band of Ottawa and
Chippewa is proposing a tribal member duck season that would run from
October 1 through November 30, 1995. A daily bag limit of 5 would
include no more than 1 pintail, 1 canvasback, 1 black duck, 2 wood
ducks, and 1 hen mallard.
For Canada geese, the tribe proposes a September 1 through November
30, 1995, and a January 1 through February 7, 1996, season. For white-
fronted geese, brant, and snow geese, the tribe proposes a October 1
through November 30, 1995 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 tribes. All other Federal regulations
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 to
monitor 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's requested 1995-96 special migratory bird hunting
regulations.
5. 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 May 18, 1995, letter, the GLIFWC proposed off-reservation
special migratory bird hunting regulations for the 1995-96 seasons.
Details of the proposed regulations are shown below. In general, the
proposal is essentially identical to the regulations approved for the
1994-95 season for ducks (including mergansers) and geese for all of
the
[[Page 42963]]
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. 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 1994-95 hunter survey show that 1901 ducks and 719
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 1995-96 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 1995-96 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, 1995.
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, 1842 and 1854 Zones:
Season Dates: Begin September 15 and end November 7, 1995.
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, 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, 1995.
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, 1995.
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, 1995.
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, 1995.
Daily Bag Limit: The daily bag and possession limit is 25 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 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, singly or
in the aggregate.
Common Snipe
A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones:
Season Dates: Begin September 15 and end November 7, 1995.
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:
[[Page 42964]]
Season Dates: Begin September 5 and end November 30, 1995.
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.
6. 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. 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 4, 1995, proposal, the tribe proposed a 1995-96 waterfowl
season opening date of October 14 and a closing date of November 30,
1995. Daily bag and possession limits would be similar to Pacific
Flyway States. The tribe proposes, however, an additional duck in the
daily bag limit and a closed season on canvasbacks and geese. 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
waterfowl harvest, which continues to be relatively small--
comparatively speaking. In the 1994-95 season, estimated duck harvest
was 1,212, down from 1,323 in 1993-94. The species composition included
mallards (27 percent), gadwall (32 percent), teal (20 percent), and
wigeon (10 percent). Northern pintail comprised only 2 percent of the
total harvest.
The proposed regulations are essentially the same as were
established last year and the tribe anticipates the maximum 1995-96
waterfowl harvest would be around 2,100 ducks. However, the tribe's
requested shorter season, compared to past years, and the unlikelihood
that every hunter would harvest the maximum daily bag limit, probably
inflate the tribe's estimated harvest.
In large part, the Service agrees with the tribe's requested 1995-
96 hunting seasons. The Service is concerned, however, with the tribe's
request to increase the daily bag limit of ducks for nontribal members
over that allowed by Federal frameworks for States in the Pacific
Flyway. Generally, greater harvest accommodations provided to tribal
members stem from treaty rights, which are not held by nontribal
members. While the Service commends the tribe for its generally
conservative regulation- setting policy, a discrepancy of this nature
would not be in the best long-term interest of the well-established
cooperative tribal regulation-development process conducted between the
Jicarilla Apache Tribe and the Service since 1986. Therefore, the
Service proposes to approve the tribe's request for the 1995-96 hunting
season if the tribe agrees to adopt the same nontribal daily bag limit
for ducks as that allowed Pacific Flyway States by the Federal
frameworks.
7. 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 1995-96 migratory bird hunting seasons, the Kalispel Tribe
proposed, in a June 27, 1995, letter, 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 frameworks, however, for ducks
and geese would run from October 1, 1995, through January 31, 1996. 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 66
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, and anticipated 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, will be observed.
The Service proposes to agree to the regulations requested by the
Kalispel Tribe.
8. 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
[[Page 42965]]
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 June 2, 1995, letter, the Klamath Tribe proposed season dates
that run from October 1, 1995, through January 28, 1996. 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. 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 1994 levels.
The Service proposes to approve the regulations of the Klamath
Tribe, provided an agreement can be reached on waterfowl sex and
species restrictions.
9. Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota
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. Although the tribe
is in litigation with the State of South Dakota regarding jurisdiction,
this MOA will continue to be in effect until settled by the Federal
District 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 1995-
96 season. This 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 1995-96 migratory bird hunting season, the Lower Brule
Sioux Tribe is proposing a duck season length of 51 days or the maximum
number of days in the High Plains Zone if greater. The tribe's proposed
season would run from October 7 through November 26, 1995 with any
additional days added after November 26. The daily bag limit would be 4
ducks, which could no more than 1 hen mallard, 1 redhead, 1 canvasback,
1 pintail, 1 hooded merganser, or 2 wood ducks, or the maximum daily
bag limit in South Dakota.
The tribe's proposed goose season would run from October 7 through
December 31, 1995, 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 1994-95 season, 234 hunters harvested an estimated 511 geese
(0.9 geese per hunter-day) and 396 ducks (0.7 ducks per hunter-day).
Duck species composition was primarily mallard (57 percent), gadwall
(10 percent), and green-winged teal (10 percent), while goose harvest
was 98 percent Canada geese. In addition, harvest at two tribal goose
camps totalled 3,105 geese of which over 97 percent were Canada geese.
With the tribe's proposed regulations for 1995-96, duck harvest is
anticipated to be approximately 500 birds (an increase of 25 percent),
while goose harvest is expected to be similar to last year. 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 Brule Sioux Tribe has an official Conservation Code that was
established by Tribal Council Resolution on June 1982 and updated in
1994.
The Service proposes to approve the tribe's proposed regulations
set out here for the Lower Brule Reservation.
10. 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 30, 1995, communication, the tribe proposed special
migratory bird hunting regulations on the reservation for both tribal
and nontribal members for the 1995-96 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 1995-96 migratory bird hunting seasons.
11. 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. 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 1, 1995, letter to the Service, the tribe proposed
special migratory bird hunting regulations. For ducks, geese, mourning
dove and woodcock, the Tribe described the ``outside dates'' (seasons)
as being September 1 through November 30, 1995, inclusive.
The Oneida Conservation Department is recommending a season quota
of 150 Canada geese. Canada goose bag limits would be 2 tribally tagged
geese per day and the tribe will reissue 2 tags as each 2 birds are
registered. The possession limit for Canada geese is 4. If the quota is
attained before the season concludes,
[[Page 42966]]
the Department recommends 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. The daily
bag and possession limits for mourning dove and woodcock would be 10/20
and 6/12, 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.
12. Seminole Tribe of Florida, Big Cypress Seminole Reservation,
Clewiston, Florida
For the first time, in the 1995-96 migratory bird seasons, the
Seminole Tribe of Florida and the Service are cooperating 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 enjoys full wildlife management
authority.
For the 1995-96 season, the Seminole Tribe is proposing to
establish a mourning dove season that would run from September 20,
1995, through January 15, 1996. Hunting would be by both tribal and
non-tribal members, however, hunting 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. All entry to the hunt area is controlled by the tribe and all
bag limits are checked by the Seminole Department of Law Enforcement.
The Service proposes to approve the Seminole Tribe's requested
1995-96 special migratory bird hunting regulations.
13. 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 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 it seemed likely that they would 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 1995-96 hunting season,
provided the duck and goose hunting season dates are the same as on the
reservation.
In a June 7, 1995, proposal, for the 1995-96 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 20 and
conclude it on December 20, 1995. 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 to 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, 1995, and a
closing date of January 8, 1996. The tribes anticipate harvest to 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, regarding 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 to approve them.
14. Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington
For the first time, in the 1995-96 migratory bird seasons, the
Squaxin Island Tribe of Washington and the Service are cooperating to
establish special tribal migratory bird hunting regulations for the
Squaxin Island Tribe. 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 1995-96 season, the Squaxin Island Tribe is proposing to
establish duck, coot, and snipe seasons that would run from September
15, 1995, through January 15, 1996. 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 to establish a season that would run
from September 15, 1995, through January 15, 1996. 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 to establish a September 15 to
December 31, 1995, season with a daily bag limits of 2 birds per day.
The tribe also proposes a September 15 to December 1, 1995, 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 to be
reported to the tribe's Natural Resources Office within 72 hours.
Under the proposed regulations, the tribe estimates the harvest for
the Reservation to be as follows: 400 ducks; 2,500 coots; 800 snipe;
400 geese; and 200 brant. Tribal regulations are enforced by the
tribe's Law Enforcement Department.
The Service proposes to approve the Squaxin Island Tribe's
requested 1995-96 special migratory bird hunting regulations.
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.
[[Page 42967]]
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 June 2, 1995, the Tulalip Tribes proposed tribal
and non-tribal hunting regulations for the 1995-96 seasons as follows:
For ducks and coot, the proposed season for tribal members would be
from September 15, 1995, through February 1, 1996. 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, 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, 1995, through February 1, 1996. 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 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, 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 Tribes also set 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 and coot detailed above. For both tribal and non-tribal hunters,
snipe daily bag and possession limits are proposed to 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
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.
16. 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 1994-95 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
1995-96 season.
The tribe is proposing a continuous duck, coot, merganser,
gallinule and moorhen hunting season, with an opening date of November
11, 1995, and a closing date of January 7, 1996. 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 11, 1995,
through January 7, 1996. 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 1 through September 10, 1995, 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 1995-96 seasons are
as conservative as those established last year, and the Service
proposes to approve them.
17. Yankton Sioux Tribe, Marty, South Dakota
On June 1, 1995, the Yankton Sioux Tribe submitted a waterfowl
hunting proposal for the 1995-96 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.
For duck (including mergansers) and coots, the Yankton Sioux Tribe
proposes season dates of November 4 to December 13, 1995. 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 of October 14, 1995,
to January 7, 1996. 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
nontribal hunters would have to comply with all basic Federal migratory
bird hunting regulations in 50 CFR Part 20, regarding shooting hours
and the manner of taking. Special regulations established by the
Yankton Sioux Tribe also apply on the reservation.
During the 1994-95 hunting season, the tribe reports that slightly
more than 100 geese were harvested by both tribal
[[Page 42968]]
and non-tribal members. The tribe further anticipates that the 1995-96
waterfowl harvest should be less than 150 geese and 50 ducks.
The Service proposes to concur with the Yankton Sioux proposal for
the 1995-96 hunting season, and requests that the tribe continue to
monitor and report the harvest of Canada, snow and white-fronted geese.
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 March 24, 1995, 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, 1995, 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 September 1, 1995 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 September 1, 1995 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 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 March 24 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 authors of this proposed rulemaking are Ron W. Kokel
and Dr. Keith A. Morehouse, Office of Migratory Bird Management.
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, 1995, 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 1995-96
hunting season are authorized under the Migratory Bird Treaty Act
(MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703
[[Page 42969]]
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 10, 1995.
Robert P. Davison,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-20447 Filed 8-16-95; 8:45 am]
BILLING CODE 4310-55-F
