[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8318]


[[Page Unknown]]

[Federal Register: April 7, 1994]


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Part VII





Department of the Interior





_______________________________________________________________________



Bureau of Indian Affairs



_______________________________________________________________________



25 CFR Part 113



Indian Moneys, Proceeds of Labor;



Proposed Rule
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 113

RIN: 1076-AC86

 

Indian Moneys, Proceeds of Labor (IMPL)

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to delete the 
regulations contained in the Code of Federal Regulations pursuant to 
the public law which suspended all deposits to Indian Monies, Proceeds 
of Labor (IMPL) accounts after September 30, 1982. The law eliminated 
the use of IMPL accounts, and since these accounts are no longer in 
use, they will be removed from the BIA accounting system.

DATES: Comments must be received before May 9, 1994.

ADDRESSES: Written comments should be directed to the Bureau of Indian 
Affairs, Office of Trust Funds Management, 505 Marquette NW., suite 
700, Albuquerque, NM 87102.

FOR FURTHER INFORMATION CONTACT:
Mr. Jim Parris, Bureau of Indian Affairs, Office of Trust Funds 
Management, 505 Marquette NW., suite 700, Albuquerque, NM 87102, 
Telephone Number 505-766-3233.

SUPPLEMENTARY INFORMATION: This proposed rule is published in exercise 
of authority delegated by the Secretary of the Interior to the 
Assistant Secretary-Indian Affairs by 209 DM 8.
    This proposed rulemaking action will delete part 113 of subchapter 
G of chapter I of title 25 of the Code of Federal Regulations, which 
contains regulations governing Indian Monies, Proceeds of Labor (IMPL) 
established under the Act of March 3, 1883, as amended (25 U.S.C. 155).
    Pursuant to the amendments contained in Public Law 197-257, title 
I, section 100, 25 U.S.C. 155 B, which provided that, ``No funds shall 
be deposited in such `Indian monies, proceeds of labor' (IMPL) accounts 
after September 30, 1982,'' all deposits to IMPL accounts were 
discontinued. The unobligated IMPL balances at the close of business on 
September 30, 1982, including the income resulting from investment of 
funds from such accounts prior to such date, were transferred to and 
held in escrow accounts. After consultation with appropriate tribes and 
individual Indians up to September 30, 1985, to determine the extent to 
which the funds held in escrow accounts represented income from the 
investment of ``special deposits'' relating to individual Indians or a 
specific tribe, funds were transferred to appropriate trust accounts 
for individual Indians and tribes during the period of October 1, 1985, 
through September 30, 1987. The unobligated balances of the IMPL escrow 
accounts as of the close of business on September 30, 1987, are to be 
withdrawn and deposited into miscellaneous receipts of the U.S. 
Treasury. The IMPL accounts are to be removed from the Bureau of Indian 
Affairs trust accounting system and are no longer available for use.
    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding the proposed rule to the office identified in the 
Addresses section of this document.
    The Department has certified to the Office of Management and Budget 
that these proposed regulations meet the applicable standards provided 
in sections 2(a) and 2(b)(2) of Executive Order 12778.
    The Department of the Interior has determined that this document is 
not a significant rule under Executive Order 12866 and therefore will 
not require the approval of the Office of Management and Budget.
    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq).
    In accordance with Executive Order 12630, the Department has 
determined that this proposed rule does not have significant takings 
implications.
    The Department has determined that this rule does not have 
significant federalism effects.
    The Department has determined that this proposed rule does not 
constitute a major federal action significantly affecting the quality 
of the human environment and that no detailed statement is required 
pursuant to the National Environmental Policy Act of 1969.
    There are no new information collection requirements requiring 
approval of the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.
    The primary author of this proposed rule is Loren J. Farmer, 
Policy, Analysis and Evaluation Staff, Bureau of Indian Affairs, Office 
of Trust Funds Management, 505 Marquette NW., suite 700, Albuquerque, 
NM 87102.

List of Subjects in 25 CFR Part 113

    Accounting, Indians--business and finance.

    For reasons set out in the preamble and under the authority of 
Public Law 97-257, title I, section 100 (September 30, 1982, 96 Stat. 
839), part 113 of title 25, chapter I of the Code of Federal 
Regulations is proposed to be removed.

    Dated: February 4, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-8325 Filed 4-6-94; 8:45 am]
BILLING CODE 4310-02-P
_______________________________________________________________________

Part VIII





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



50 CFR Part 20



Proposed 1994-1995 Migratory Game Bird Hunting Regulations 
(Preliminary) With Requests for Indian Tribal Proposals; Proposed Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AA24

Migratory Bird Hunting; Proposed 1994-1995 Migratory Game Bird 
Hunting Regulations (Preliminary) with Requests for Indian Tribal 
Proposals

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rulemaking.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service) 
proposes to establish annual hunting regulations for certain migratory 
game birds. The Service also requests proposals from Indian Tribes that 
wish to establish special migratory bird hunting regulations. These 
regulations will permit the taking of the designated species during the 
1994-95 season. The Service annually prescribes outside limits 
(frameworks) within which States may select hunting seasons. The 
Service has also employed guidelines to establish special migratory 
bird hunting regulations on Federal Indian reservations and ceded 
lands. These seasons provide hunting opportunities for recreation and 
sustenance; aid Federal, State, and Tribal governments in the 
management of migratory game birds; and are designed to permit harvests 
at levels compatible with migratory bird population and habitat 
conditions.

DATES: Tribal proposals and related comments should be submitted by 
June 3, 1994. The comment period for proposed early-season frameworks 
will end on July 22, 1994; and for proposed late-season frameworks on 
September 2, 1994. The public hearing for early-season frameworks will 
be held on June 23, 1994, at 9 a.m. The public hearing for late-season 
frameworks will be held on August 4, 1994, at 9 a.m.

ADDRESSES: Both public hearings will be held in the Auditorium, 
Department of the Interior Building, 1849 C Street NW., Washington, DC. 
Written comments on the proposals and notice of intention to testify at 
either hearing may be mailed to the Chief, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Department of the Interior, 
ms 634--ARLSQ, 1849 C Street, NW, Washington, DC 20240. Comments 
received will be available for public inspection during normal business 
hours in room 634, Arlington Square Building, 4401 N. Fairfax Drive, 
Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: For further information on tribal 
proposals contact Keith A. Morehouse, for other issues regarding annual 
migratory bird hunting regulations contact William O. Vogel. Both Dr. 
Morehouse and Mr. Vogel may be contacted at: Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Department of the Interior, 
ms 634--ARLSQ, 1849 C Street, NW, Washington, DC 20240 (703) 358-1714.

SUPPLEMENTARY INFORMATION: For administrative purposes, this document 
consolidates the notice of intent and request for Tribal proposals with 
the preliminary proposals for the annual regulations-development 
process. The remaining proposed and final rulemaking documents will be 
published separately.

Notice of Intent to Establish Open Seasons

    This notice announces the intention of the Director, U.S. Fish and 
Wildlife Service, to establish open hunting seasons and daily bag and 
possession limits for certain designated groups or species of migratory 
game birds for 1994-1995 in the contiguous United States, Alaska, 
Hawaii, Puerto Rico, and the Virgin Islands, under Secs. 20.101 through 
20.107, 20.109, and 20.110 of subpart K of 50 CFR part 20.
    ``Migratory game birds'' are those bird species so designated in 
conventions between the United States and several foreign nations for 
the protection and management of these birds. For the 1994-95 hunting 
season, regulations will be proposed for certain designated members of 
the avian families Anatidae (ducks, geese, and swans); Columbidae 
(doves and pigeons); Gruidae (cranes); Rallidae (rails, coots, 
moorhens, and gallinules); and Scolopacidae (woodcock and snipe). These 
proposals are described under Proposed 1994-95 Migratory Game Bird 
Hunting Regulations (Preliminary) in this document. Definitions of 
waterfowl flyways and mourning dove management units, as well as a 
description of the data used in and the factors affecting the 
regulatory process, were published in the March 14, 1990, Federal 
Register (55 FR 9618).

Regulatory Schedule for 1994-1995

    This is the first in a series of proposed and final rulemaking 
documents for migratory game bird hunting regulations. Proposals 
relating to the harvest of migratory game birds that may be initiated 
after publication of this proposed rulemaking will be made available 
for public review in supplemental proposed rulemakings to be published 
in the Federal Register. Also, additional supplemental proposals will 
be published for public comment in the Federal Register as population, 
habitat, harvest, and other information becomes available.
    Because of the late dates when certain portions of these data 
become available, it is anticipated that comment periods on some 
proposals will necessarily be abbreviated. Special circumstances that 
limit the amount of time which the Service can allow for public comment 
are involved in the establishment of these regulations. Specifically, 
two considerations compress the time in which the rulemaking process 
must operate: the need, on one hand, to establish final rules at a time 
early enough in the summer to allow resource agencies to select and 
publish season dates and bag limits prior to the hunting seasons and, 
on the other hand, the lack of current data on the status of most 
migratory game birds until later in the summer.
    Because the process is strongly influenced by the times when 
information is available for consideration, the overall regulations 
process is divided into two segments. Early seasons are those seasons 
that generally open prior to October 1, and include seasons in Alaska, 
Hawaii, Puerto Rico, and the Virgin Islands. Late seasons are those 
seasons opening in the remainder of the United States about October 1 
and later, and include most of the waterfowl seasons.
    Major steps in the 1994-1995 regulatory cycle relating to public 
hearings and Federal Register notifications are illustrated in the 
accompanying diagram. Dates shown relative to publication of Federal 
Register documents are target dates.
    Sections of this and subsequent documents which outline hunting 
frameworks and guidelines are organized under numbered headings. These 
headings are:
1. Ducks
2. Sea Ducks
3. Mergansers
4. Canada Geese
5. White-fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Tundra Swans
9. Sandhill Cranes
10. Coots
11. Moorhens and Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-tailed Pigeons
16. Mourning Doves
17. White-winged and White-tipped Doves
18. Alaska
19. Hawaii
20. Puerto Rico
21. Virgin Islands
22. Falconry
23. Other
    Later sections of this and subsequent documents will refer only to 
numbered items requiring attention. Therefore, items requiring no 
attention will be omitted and the remaining numbered items will be 
discontinuous and appear incomplete.

Hearings

    Two public hearings pertaining to 1994-1995 migratory game bird 
hunting regulations are scheduled. Both hearings will be conducted in 
accordance with 455 DM 1 of the Departmental Manual. On June 23, a 
public hearing will be held at 9 a.m. in the Auditorium of the 
Department of the Interior Building, 1849 C Street NW., Washington, DC. 
This hearing is for the purpose of reviewing the status of migratory 
shore and upland game birds. Proposed hunting regulations will be 
discussed for these species plus regulations for migratory game birds 
in Alaska, Puerto Rico, and the Virgin Islands; special September 
waterfowl seasons in designated States; special sea duck seasons in the 
Atlantic Flyway, and extended falconry seasons. On August 4, a public 
hearing will be held at 9 a.m. in the Auditorium of the Department of 
the Interior Building, address above. This hearing is for the purpose 
of reviewing the status and proposed regulations for waterfowl not 
previously discussed at the June 23 public hearing. The public is 
invited to participate in both hearings. Persons wishing to make a 
statement at these hearings should write to the address indicated under 
the caption ADDRESSES.

Requests for Tribal Proposals

Background

    Beginning with the 1985-86 hunting season, the Service has employed 
guidelines described in the June 4, 1985 Federal Register (50 FR 23467) 
to establish special migratory bird hunting regulations on Federal 
Indian reservations (including off-reservation trust lands) and ceded 
lands. The guidelines were developed in response to tribal requests for 
Service recognition of their reserved hunting rights, and for some 
tribes, recognition of their authority to regulate hunting by both 
tribal and nontribal members throughout their reservations. The 
guidelines include possibilities for: (1) on-reservation hunting by 
both tribal and nontribal members, with hunting by nontribal members on 
some reservations to take place within Federal frameworks, but on dates 
different from those selected by the surrounding State(s); (2) on-
reservation hunting by tribal members only, outside of usual Federal 
frameworks for season dates and length, and for daily bag and 
possession limits; and (3) off-reservation hunting by tribal members on 
ceded lands, outside of usual framework dates and season length, with 
some added flexibility in daily bag and possession limits. In all 
cases, the regulations established under the guidelines would have to 
be consistent with the annual March 10 to September 1 closed season 
mandated by the 1916 Convention Between the United States and Great 
Britain (for Canada) For the Protection of Migratory Birds 
(Convention). The guidelines are capable of application to those tribes 
that have reserved hunting rights on Federal Indian reservations 
(including off-reservation trust lands) and ceded lands. They also 
apply to the establishment of migratory bird hunting regulations for 
nontribal members on all lands within the exterior boundaries of 
reservations where tribes have full wildlife management authority over 
such hunting, or where the tribes and affected States otherwise have 
reached agreement over hunting by nontribal members on non-Indian 
lands.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, the Service encourages the tribes and States to reach agreement 
on regulations that would apply throughout the reservations. When 
appropriate, the Service will consult with a tribe and State with the 
aim of facilitating an accord. The Service also will consult jointly 
with tribal and State officials in the affected States where tribes may 
wish to establish special hunting regulations for tribal members on 
ceded lands. As explained in previous rulemaking documents, it is 
incumbent upon the tribe and/or the State to put forward a request for 
consultation as a result of the proposal being published in the Federal 
Register. The Service will not presume to make a determination, without 
being advised by a tribe or a State, that any issue is/is not worthy of 
formal consultation.
    One of the guidelines provides for the continuation of harvest of 
migratory game birds by tribal members on reservations where it is a 
customary practice. The Service does not oppose this harvest, provided 
it does not take place during the closed season required by the 
Convention, and it is not so large as to adversely affect the status of 
the migratory bird resource. For several years, the Service has reached 
annual agreement with tribes (for example, in Minnesota, the Mille Lacs 
Band of Chippewa Indians) for hunting by tribal members on their lands 
or on lands where they have reserved hunting rights. The Service will 
continue to consult with tribes that wish to reach a mutual agreement 
on hunting regulations for on-reservation hunting by tribal members.
    The guidelines should not be viewed as inflexible. Nevertheless, 
the Service believes that they provide appropriate opportunity to 
accommodate the reserved hunting rights and management authority of 
Indian tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. Use of the guidelines is not required if a tribe 
wishes to observe the hunting regulations established by the State(s) 
in which the reservation is located.

Details Needed in Tribal Proposals

    Tribes that wish to use the guidelines to establish special hunting 
regulations for the 1994-95 hunting season must submit a proposal that 
includes: (1) The requested hunting season dates and other details 
regarding regulations to be observed; (2) harvest anticipated under the 
requested regulations; (3) methods that will be employed to measure or 
monitor harvest (mail-questionnaire survey, bag checks, etc.); (4) 
steps that will be taken to limit level of harvest, where it could be 
shown that failure to limit such harvest would impact seriously on the 
migratory bird resource; and (5) tribal capabilities to establish and 
enforce migratory bird hunting regulations.
    A tribe that desires the earliest possible opening of the waterfowl 
season should specify this in the proposal, rather than request a date 
that might not be within the final Federal frameworks. Similarly, 
unless a tribe wishes to set more restrictive regulations than Federal 
regulations will permit, the proposal should request the same daily bag 
and possession limits and season length for ducks and geese that 
Federal regulations are likely to permit the States in the Flyway in 
which the reservation is located.

Proposal Procedures

    Pertinent details in proposals received from tribes will be 
published for public review in later Federal Register documents. 
Because of the time required for Service and public review, Indian 
tribes that desire special migratory bird hunting regulations for the 
1994-95 hunting season should submit their proposals as soon as 
possible, but no later than June 3, 1994. Tribal inquiries regarding 
the guidelines and proposals should be directed to the appropriate 
Service Regional Office. Tribes that request special hunting 
regulations for tribal members on ceded lands should send a courtesy 
copy of the proposal to officials in the affected State(s).

Public Comments Solicited

    The policy of the Department of the Interior is, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons are invited to 
submit written comments, suggestions, or recommendations regarding the 
proposed regulations. Promulgation of final migratory game bird hunting 
regulations will take into consideration all comments received by the 
Service. Such comments, and any additional information received, may 
lead to final regulations that differ from these proposals. Interested 
persons are invited to participate in this rulemaking by submitting 
written comments to the address indicated under the caption ADDRESSES.
    Comments received on the proposed annual regulations will be 
available for public inspection during normal business hours at the 
Service's office in room 634, 4401 North Fairfax Drive, Arlington, 
Virginia. Specific comment periods will be established for each series 
of proposed rulemakings. All relevant comments will be accepted through 
the closing date of the comment period on the particular proposal under 
consideration. The Service will consider, but possibly may not respond 
in detail to, each comment. As in the past, the Service will summarize 
all comments received during the comment period and respond to them 
after the closing date.

Flyway Council Meetings

    Departmental representatives will be present at the following 
winter meetings of the various Flyway Councils:
    Date: March 20, 1994
--Atlantic Flyway Council, 8:30 a.m.
--Mississippi Flyway Council, 8:30 a.m.
--Central Flyway Council, 8:00 a.m.
--Pacific Flyway Council, 9:30 a.m.
--National Waterfowl Council, 3:30 p.m.
    The Council meetings will be held at the Egan Civic and Convention 
Center, Anchorage, Alaska.

NEPA Consideration

    NEPA considerations are covered by the programmatic document, 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14)'', filed with the Environmental Protection Agency on June 9, 1988. 
Notice of Availability was published in the Federal Register on June 
16, 1988 (53 FR 22582). The Service's Record of Decision was published 
on August 18, 1988 (53 FR 31341). In addition, an August 1985 
environmental assessment entitled ``Guidelines for Migratory Bird 
Hunting Regulations on Federal Indian Reservations and Ceded Lands'' is 
available from the Service at the address indicated under the caption 
ADDRESSES.

Endangered Species Act Consideration

    Prior to issuance of the 1994-95 migratory game bird hunting 
regulations, consideration will be given to provisions of the 
Endangered Species Act of 1973, as amended, (16 U.S.C. 1531-1543; 
hereinafter the Act) to ensure that hunting is not likely to jeopardize 
the continued existence of any species designated as endangered or 
threatened or modify or destroy its critical habitat and is consistent 
with conservation programs for those species. Consultations under 
section 7 of this Act may cause changes to be made to proposals in this 
and future supplemental proposed rulemaking documents.

Regulatory Flexibility Act and the Paperwork Reduction Act

    This document was reviewed under Executive Order 12866.
    These regulations have a significant economic impact on substantial 
numbers of small entities under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). Therefore, in accordance with Office of Management 
and Budget instructions, a Final Regulatory Impact Analysis (FRIA) was 
prepared in 1981 and revised in 1990. Although a FRIA is no longer 
required, the economic analysis contained in the FRIA has been reviewed 
and the Service has determined that it meets the requirements of 
Executive Order 12866. This analysis was updated for 1994. The FRIA 
update included waterfowl hunter and harvest information from the 1992-
93 season. The summary of the 1994 update follows:
    ``New information which can be compared to that appearing in the 
1990 Final Regulatory Impact Analysis (FRIA) includes estimates of the 
1992 fall flight of ducks from surveyed areas, and hunter activity and 
harvest information from the 1992-93 hunting season. There was 
essentially no change in the total fall flight of ducks, regulatory 
frameworks, hunter numbers, number of hunting days, or total duck 
harvest between the 1991-92 and the 1992-93 seasons.''
    Copies of the updated analysis are available upon request from the 
Office of Migratory Bird Management. The address is indicated under the 
caption ADDRESSES.
    These regulations contain no information collections subject to 
Office of Management and Budget review under the Paperwork Reduction 
Act of 1980 (44 U.S.C. 3501 et seq.).

Authorship

    The primary authors of this proposed rule are Keith A. Morehouse 
and William O. Vogel, Office of Migratory Bird Management, (703) 358-
1714.

List of Subjects in 50 CFR part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

    The rules that eventually will be promulgated for the 1994-95 
hunting season are authorized under the Migratory Bird Treaty Act (July 
3, 1918), as amended, (16 U.S.C. 703-711); the Fish and Wildlife 
Improvement Act of 1978 (November 8, 1978), as amended, (16 U.S.C. 
712); and the Fish and Wildlife Act of 1956 (August 8, 1956), as 
amended, (16 U.S.C. 742 a-d and e-j).

    Dated: March 10, 1994.
George T. Frampton,
Assistant Secretary for Fish and Wildlife and Parks.

Proposed 1994-1995 Migratory Game Bird Hunting Regulations 
(Preliminary)

    Pending current information on populations, harvest, and habitat 
conditions, and receipt of recommendations from the four Flyway 
Councils; specific framework proposals (including opening and closing 
dates, seasons lengths, and bag limits) may be deferred. Unless 
otherwise specified, no change from the final 1993-94 frameworks of 
August 23 and September 24, 1993, (58 FR 44590 and 50188) is proposed. 
Specific preliminary proposals that vary from the 1993-94 frameworks 
and issues requiring early discussion, action, or the attention of the 
States or Tribes are contained below:

1. Ducks.

F. Zones and Splits.

    Temporary Zone in the Southern San Joaquin Valley of California. In 
1993, the Service allowed the State of California an additional year to 
modify its zoning proposal to conform more closely with the Service's 
policy. The Service encourages a reopening of dialogue in order to 
resolve this problem as soon as possible.

G. Special seasons/species management.

i. Canvasback Management.
    During 1983-92, annual sport-harvest regulations for this species 
were guided by provisions in the environmental assessment ``Proposed 
Hunting Regulations on Canvasback Ducks, 1983''. That document 
acknowledged separate eastern and western populations and set breeding-
population threshold levels for each, below which all possible actions, 
including season closure, in the respective regions, would be 
considered for canvasbacks. In 1993, after completing a review of 
canvasback databases, the Service determined that currently there is 
not sufficient evidence to warrant managing canvasbacks as separate 
eastern and western populations. However, the Service did not adopt a 
new harvest strategy to regulate the overall harvest of canvasbacks and 
the allocation of that harvest. Rather, it continued to follow 
guidelines set forth in the environmental assessment for a continental 
population. Because the most recent 3-year average (482,000 birds) was 
below the threshold identified in the assessment (500,000 birds), the 
Service determined liberalizations were not warranted during 1993-94; 
no changes in regulations from those which occurred during 1992-93 were 
enacted.
    Although the Service delayed implementation of a revised harvest 
strategy, the Service is not satisfied with an indefinite continuation 
of the 1983 guidelines. The Service desires to build consensus on an 
improved harvest-management strategy which ensures the welfare of the 
canvasback population and preserves the historical emphasis on Flyway-
based management.
    The Service has circulated to the Flyway Councils and Technical 
Sections a draft harvest-management strategy to be considered for the 
1994-95 hunting season and continues to welcome suggestions for 
improving our capabilities to manage the harvests of this important 
species. Copies of the draft harvest-management strategy are available 
at the address indicated under the caption ADDRESSES.
ii. September Teal Seasons.
    Evaluations of shooting hours for teal seasons were initiated in 
several Mississippi and Central Flyway States in 1993, and more than 1 
year likely will be required to achieve needed sample sizes. Provided 
methods being employed are acceptable and the amount of progress being 
made indicates a good-faith effort, we would recommend continuation of 
presunrise shooting hours conditional upon satisfactory progress toward 
completion of evaluations.
iii. September Wood Duck/Teal Seasons.
    Evaluations of shooting hours for wood duck/teal seasons forwarded 
to Service in 1993 were sufficient to allow continuation of presunrise 
shooting hours in Florida, Kentucky, and Tennessee.

4. Canada Geese.

    In 1993, the Service announced that the administrative process for 
setting hunting seasons does not permit the setting of regular seasons 
that open prior to the Saturday nearest October 1 during the late-
season regulations-development cycle. Those portions of seasons that 
open earlier must be established during the early-season regulations-
development cycle in June. The Service is concerned about setting 
seasons in the absence of current status information. Because of this, 
requests for regular Canada goose seasons that open earlier than the 
Saturday nearest October 1 must include full justification of the need 
for the early opening, which will be weighed against the risk of 
establishing seasons prior to the time status information is available. 
The Service proposed to implement these procedures beginning with the 
1994-95 hunting season in order to allow those States desiring early-
season dates for regular Canada goose seasons sufficient time to 
prepare their proposals and to provide an opportunity for flyway 
council review.

7. Snow and Ross's (Light) Geese.

    In 1993, the Central Flyway Council recommended a review of 
framework closing dates for light geese. The Service indicated it would 
work with the Flyway Councils during the coming year to review its 
policy of framework dates for light geese. At this time, the Service 
requests that the States and Flyway Councils submit any pertinent 
information for joint review and that the Service, States, Flyway 
Councils, and other interested parties accelerate discussions regarding 
closing dates for light geese in migration-terminus and other areas.

9. Sandhill Cranes.

    The Service has clearly indicated that it does not believe it is 
appropriate to increase harvest on the Mid-continent Population at this 
time, and that there should be no increase or shift in harvest toward 
the Gulf Coast Subpopulation, especially the greater-sandhill-crane 
component. In recent years, the Central Flyway Council has requested 
changes in the frameworks which would increase harvest pressure on this 
population. The Service recognizes the desire of the Central Flyway 
Council to liberalize regulations in certain areas, but concern for 
greater sandhill cranes would preclude any increase under the current 
approach to establishing frameworks.
    Because there is an east-west gradient in the distribution of the 3 
subspecies managed as the Mid-continent Population, the Service would 
be willing to consider an approach that would, in the future, provide 
the ability to establish frameworks by geographic areas within the 
Central Flyway. Such an approach of setting differential frameworks 
would provide the ability to shift harvest toward the western portions 
of the flyway, while limiting harvest in eastern portions. The Service 
requests comments regarding such an approach.

15. Band-tailed Pigeons.

    Evidence from three separate surveys suggests that the long-term 
decline experienced by the Coastal Population may have subsided; and, 
in fact, the overall and individual State population estimates appear 
to have stabilized at low levels. Also, the status of the Interior 
Population is not well understood. Efforts are underway to gather more 
information about both populations. In 1993, all States having band-
tailed pigeon hunting seasons either participated in the nationwide 
Migratory Bird harvest Information Program or required band-tailed 
pigeon hunters to obtain mandatory State permits to provide sampling 
frames for obtaining more precise estimates of band-tailed pigeon 
harvest. Those States issuing permits were required to conduct a 
harvest survey and provide the results to the Service by June 1 of each 
year. In addition, all States with band-tailed pigeon hunting seasons 
are participating in a wing-collection survey to provide information on 
annual recruitment. The Service will continue to closely monitor 
population and harvest information from both populations and will 
evaluate this information in June prior to making any decisions 
regarding the 1994-95 seasons. Indian Tribes also should consider this 
situation when proposing harvest regulations for this species.
BILLING CODE 4310-55-F

TP07AP94.015


[FR Doc. 94-8318 Filed 4-6-94; 8:45 am]
BILLING CODE 4310-55-C