[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20038]


[[Page Unknown]]

[Federal Register: August 16, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AA24

 

Migratory Bird Hunting: Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 1994-95 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule proposes special migratory bird hunting regulations 
that would be established for certain tribes on Federal Indian 
reservations, off-reservation trust lands and ceded lands for the 1994-
95 migratory bird hunting season.

DATES: The comment period for these proposed regulations will end 
August 31, 1994.

ADDRESSES: Address Comments to: Director (FWS/MBMO), U.S. Fish and 
Wildlife Service, 634 ARLSQ, 1849 C St., NW, Washington, DC 20240. 
Comments received, if any, on these proposed special hunting 
regulations and tribal proposals will be available for public 
inspection during normal business hours in Room 634-Arlington Square 
Building, 4401 N. Fairfax Drive, Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Dr. Keith A. Morehouse, Office of 
Migratory Bird Management, U.S. Fish and Wildlife Service, Department 
of the Interior, Room 634 ARLSQ, 1849 C St., NW, Washington, DC 20240 
(703/358-1714).

SUPPLEMENTARY INFORMATION:
    In the April 7, 1994 Federal Register (59 FR 16762), the Service 
requested proposals from Indian tribes that wished to establish special 
migratory bird hunting regulations for the 1994-95 hunting season, 
under the guidelines described in the June 4, 1985 Federal Register (50 
FR 23467). The guidelines were developed in response to tribal requests 
for Service recognition of their reserved hunting rights, and for some 
tribes, recognition of their authority to regulate hunting by both 
tribal and non-tribal members on their reservations. The guidelines 
include possibilities for: (1) on-reservation hunting by both tribal 
and nontribal members, with hunting by nontribal members on some 
reservations to take place within Federal frameworks but on dates 
different from those selected by the surrounding State(s); (2) on-
reservation hunting by tribal members only, outside of usual Federal 
frameworks for season dates and length, and for daily bag and 
possession limits; and (3) off-reservation hunting by tribal members on 
ceded lands, outside of usual framework dates and season length, with 
some added flexibility in daily bag and possession limits. In all 
cases, the regulations established under the guidelines would have to 
be consistent with the March 10 to September 1 closed season mandated 
by the 1916 Migratory Bird Treaty with Canada. The guidelines are 
capable of application to those tribes that have recognized reserved 
hunting rights on Federal Indian reservations (including off-
reservation trust lands) and on ceded lands. They also apply to 
establishing migratory bird hunting regulations for nontribal members 
on all lands within the exterior boundaries of reservations where 
tribes have full wildlife management authority over such hunting or 
where the tribes and affected States otherwise have reached agreement 
over hunting by nontribal members on lands owned by non-Indians within 
the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, the Service encourages the tribes and States to reach agreement 
on regulations that would apply throughout the reservations. When 
appropriate, the Service will consult with a tribe and State with the 
aim of facilitating an accord. The Service also will consult jointly 
with tribal and State officials in the affected States where tribes may 
wish to establish special hunting regulations for tribal members on 
ceded lands.
    Because of past questions regarding interpretation of what events 
trigger the consultation process, as well as who initiates it, there is 
a need to provide clarification here. The Service routinely provides 
Federal Register copies of published proposed and final rulemakings and 
other documents to all State Directors, tribes and other interested 
parties. It is the responsibility of the States, tribes and others to 
bring any concern for any feature(s) of any regulations to the 
attention of the Service. Consultation will be initiated at the point 
in time at which the Service is made aware of a concern. The Service 
cannot presume to know beforehand what, if any, concerns will be voiced 
regarding rulemakings.
    The guidelines provide for the continuation of harvest of waterfowl 
and other migratory game birds by tribal members on reservations where 
it has been a customary practice. The Service does not oppose this 
harvest, provided it does not take place during the closed season 
defined by the 1916 Migratory Bird Convention with Canada, and it is 
not so large as to adversely affect the status of the migratory bird 
resource.
    Before developing the guidelines, the Service reviewed available 
information on the current status of migratory bird populations and the 
current status of migratory bird hunting on Federal Indian reservations 
and evaluated the impact that adoption of the guidelines likely would 
have on migratory birds. The Service has concluded that the size of the 
migratory bird harvest by tribal members hunting on their reservations 
is normally too small to have significant impacts on the migratory bird 
resource.
    One area of interest in Indian migratory bird hunting regulations 
relates to hunting seasons for nontribal members on dates that are 
within Federal frameworks, but that are different from those 
established by the State(s) in which a Federal Indian reservation is 
located. A large influx of nontribal hunters onto a reservation at a 
time when the season is closed in the surrounding State(s) could result 
in adverse population impacts on one or more migratory bird species. 
The guidelines make such an event unlikely, however, because tribal 
proposals must include: (a) details on the harvest anticipated under 
the requested regulations; (b) methods that will be employed to measure 
or monitor harvest (bag checks, mail questionnaires, etc.); (c) steps 
that will be taken to limit level of harvest, where it could be shown 
that failure to limit such harvest would impact on the migratory bird 
resource; and (d) tribal capabilities to establish and enforce 
migratory bird hunting regulations. Based on a review of tribal 
proposals, the Service may require modifications, and regulations may 
be established experimentally, pending evaluation and confirmation of 
harvest information obtained by the tribes.
    The Service believes that the guidelines provide appropriate 
opportunity to accommodate the reserved hunting rights and management 
authority of Indian tribes while ensuring that the migratory bird 
resource receives necessary protection. The conservation of this 
important international resource is paramount. The guidelines should 
not be viewed as inflexible. In this regard, the Service notes that 
they have been employed successfully since 1985 to establish special 
hunting regulations for Indian tribes. Therefore, the Service believes 
they have been tested adequately and they were made final beginning 
with the 1988-89 hunting season (53 FR 31612). It should be stressed 
here, however, that use of the guidelines is not mandatory and no 
action is required if a tribe wishes to observe the hunting regulations 
established by the State(s) in which the reservation is located.
    It has been appropriate over the past several years to make a 
statement in this proposed rule qualifying the Service's intent with 
regard to approving duck seasons and limits because of the uncertainty 
of production. Although the Service notes that survey results in the 
1993-94 season indicated duck numbers were not significantly changed 
from those of the previous few years, there is reason for cautious 
optimism that the trend of poor reproduction caused by a long period of 
drought in the Prairie Pothole Region of Canada and the United States 
may be in the early stages of reversal. Certainly there are indications 
that drought conditions are lessening, which may in turn set the stage 
for improved duck production. The extended drought has been especially 
severe in critical production areas, but in 1993-94 water conditions in 
many important local production areas were good. Although 1994 spring 
and early-summer ground water conditions appear to have improved 
greatly in most areas of the Prairie Pothole Region, preliminary 
results of breeding population surveys and production will not be known 
for some time. Thus, although the situation is expected to be improved, 
the Service will continue to assess production information as it 
becomes available over the summer and make final decisions on 1994-95 
regulatory frameworks when all the customary data are in.
    In summary, the purpose of this document is to propose 1994-95 
season migratory bird hunting regulations for participating tribes.

Hunting Season Proposals from Indian Tribes and Organizations

    For the 1994-95 hunting season, the Service received requests from 
fifteen tribes and Indian organizations that followed the 1985 proposal 
guidelines and were appropriate for publication in the Federal Register 
without further and/or alternative actions. The Lower Brule Sioux 
(South Dakota), the Kalispel Tribe (Washington) and the Klamath Tribe 
(Oregon) are included in the regulations this year for the first time.
    On June 17, the Mille Lacs Band of Chippewa Indians (Minnesota) 
provided the Service with a proposal to continue with regulations for 
the upcoming season as per the Memorandum of Understanding between the 
Service and the band with regard to migratory bird hunting on the 
reservation. (The Mille Lacs Band is currently litigating off-
reservation hunting and fishing rights with the State of Minnesota.) 
The Service and the Mille Lacs Band have cooperated in this fashion 
since the 1986-87 migratory bird hunting season. Similar agreements 
have been reached with other tribes in other hunting seasons. The 
Oneida Tribe of Indians of Wisconsin has indicated to the Service that 
they will seek such an agreement in the future.
    The Service actively solicits regulatory proposals from other 
tribal groups that have an interest in working cooperatively for the 
benefit of waterfowl and other migratory game birds. Also, tribes are 
encouraged to work with the Service in developing agreements for 
management of migratory bird resources on tribal lands.
    It should be noted that this proposed rule includes generalized 
regulations for both early and late season hunting. There will be a 
final rule published later in an August 1994 Federal Register that will 
include tribal regulations for the early hunting season. The early 
season begins on September 1 each year and most commonly includes such 
species as mourning doves and white-winged doves. There will also be a 
final rule published in a September 1994 Federal Register that will 
include regulations for late season hunting. The late season begins on 
or around October 1 and most commonly includes waterfowl species. In 
this current rulemaking, because of the compressed timeframe for 
establishing regulations for Indian tribes and because final frameworks 
dates and other specific information are not available, the regulations 
for many tribal hunting seasons are described in relation to the season 
dates, season length and limits that will be permitted when final 
Federal frameworks are announced for early and late season regulations. 
For example, the daily bag and possession limits for ducks on some 
areas are shown as ``Same as permitted Pacific Flyway States under 
final Federal frameworks,'' and limits for geese will be shown as the 
same that will be permitted the State(s) in which the tribal hunting 
area is located. The proposed frameworks for early-season regulations 
will be published in the Federal Register in mid-July; early-season 
final frameworks will be published in mid-August. Proposed late-season 
frameworks for waterfowl and coots will be published in mid-August, and 
the final frameworks for the late seasons will be published in mid-
September. The Service will notify affected tribes of season dates, bag 
limits, etc., as soon as final frameworks are established.
    As discussed earlier in this document, no action is required by 
tribes that wish to observe the migratory bird hunting regulations 
established by the State in which a reservation is located.
    The proposed regulations for the fifteen tribes with proposals that 
meet the established criteria are shown below.

1. Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for tribal members and nonmembers since the 1986-87 hunting 
season. The tribe owns all lands on the reservation and has recognized 
full wildlife management authority. The proposed seasons and bag limits 
would be more conservative than allowed by the Federal frameworks of 
last season and more conservative than States in the Pacific Flyway.
    In a May 2, 1994, proposal, the tribe proposed the earliest opening 
date permitted Pacific Flyway States for ducks for the 1994-95 hunting 
season and a closing date of November 30, 1994. Daily bag and 
possession limits also would be the same as permitted Pacific Flyway 
States. However, it is proposed again that no canvasbacks be allowed in 
the bag. Also, the goose season would continue to be closed. Other 
regulations specific to the Pacific Flyway guidelines for New Mexico 
would be in effect.
    The Jicarilla Game and Fish Department gives an annual estimate of 
harvest, which continues to be relatively small--comparatively 
speaking. In the 1993-94 season, estimated duck harvest was 1323, the 
largest since recordkeeping began in 1986, with the greatest percentage 
of this made up of mallards (31 percent), gadwall (27 percent) and teal 
(16 percent). Because water conditions on the reservation are again 
excellent, another good duck production and harvest year is expected.
    The requested regulations are essentially the same as were 
established last year, and the Service proposes to approve the tribe's 
request for the 1994-95 hunting season.

2. White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona

    The White Mountain Apache Tribe owns all reservation lands, and the 
tribe has recognized full wildlife management authority. The White 
Mountain Apache Tribe has requested regulations that are essentially 
unchanged from those agreed to for the 1993-94 hunting year.
    The hunting zone for waterfowl continues to be restricted and is 
described as: the entire length of the Black and Salt Rivers forming 
the southern boundary of the reservation; the White River, extending 
from the Canyon Day Stockman Station to the Salt River; and all stock 
ponds located within Wildlife Management Units 4, 6 and 7. All other 
waters of the reservation would be closed to waterfowl hunting for the 
1994-95 season.
    The tribe is proposing a continuous duck, coot, merganser, 
gallinule and moorhen hunting season, with an opening date of November 
12, 1994, and a closing date of January 8, 1995. The tribe proposes a 
daily duck bag limit of 3, which can have no more than: 1 redhead; 2 
canvasbacks; 1 pintail; and 1 hen mallard. The daily bag limit for 
mergansers is 3. The daily bag limit for coots, gallinules and moorhens 
would be 25 singly, or in the aggregate.
    For geese, the season is proposed to extend from November 12, 1994, 
through January 8, 1995. Hunting would be limited to Canada geese, and 
the daily bag limit is 2.
    Season dates for band-tailed pigeons and mourning doves would run 
concurrently from September 2 through September 11, 1994, in Wildlife 
Management Units 7 and 10, only. Proposed daily bag limits for band-
tailed pigeons and mourning doves would be 3 and 8, respectively.
    Possession limits for the above referenced species are twice the 
daily bag limits. Shooting hours would be from one-half hour before 
sunrise to sunset. There would be no open season for sandhill cranes, 
rails and snipe on the White Mountain Apache lands under this proposal. 
A number of special regulations apply to tribal and non-tribal hunters, 
which may be obtained from the White Mountain Apache Tribe Game and 
Fish Department.
    The regulations requested by the tribe for the 1994-95 seasons are 
as conservative as those established last year, and the Service 
proposes to approve them.

3. Colorado River Indian Tribes, Colorado River Indian Reservation, 
Parker, Arizona

    The Colorado River Indian Reservation is located in Arizona and 
California. The tribes own almost all lands on the reservation, and 
they have full wildlife management authority.
    In their 1994-95 proposal, dated May 17, 1994, the Colorado River 
Indian Tribes are requesting split dove seasons with regulations as 
follows. The early season is proposed to begin on September 1 and end 
on September 11, 1994, with the bag limits being ten (10) mourning or 
ten (10) white wing doves either singly or in the aggregate. The late 
season for doves is proposed to open on November 21, 1994, and close on 
January 8, 1995, with the bag limit being ten (10) mourning doves. The 
possession limit would be twice the daily bag limit. Shooting hours 
would be from one-half hour before sunrise to sunset, and other special 
tribally set regulations would apply.
    The Colorado River Indian Tribes are also proposing split duck 
hunting seasons, the first running from October 14, 1994, through 
November 10, 1994, and the second running from December 9, 1994, 
through January 8, 1995. The Tribes are proposing the same dates for 
coots and common moorhens. The daily bag limit for ducks, including 
mergansers, would be 4, which would include no more than 2 redheads, 2 
pintails, 1 canvasback or 1 Mexican duck. The possession limit would be 
twice the daily bag limit, after the first day. The daily bag limit for 
coots and common moorhens would be 25, singly or in the aggregate. The 
possession limit for coots and common moorhens would be twice the daily 
bag limit.
    For geese, the Colorado River Indian Tribes has proposed a season 
of October 22, 1994, through January 22, 1995. The daily bag and 
possession limits for geese would be 5, which would include no more 
than 3 white geese (snow and/or Ross and blue geese) and not more than 
2 dark geese (Canada geese).
    Under the proposed regulations described here, based upon past 
seasons, the anticipated harvest is estimated to be less than 400 ducks 
and 100 geese.
    A valid Colorado River Indian Reservation hunting permit is 
required before taking wildlife and to be in possession while hunting. 
As in the past, the regulations would apply both to tribal and non-
tribal hunters. The Service is proposing to approve the Colorado River 
Indian Tribes regulations.

4. Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC, which represents the various bands). 
Beginning in 1986, a tribal season on ceded lands in the western 
portion of the State's Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources, and the Service has 
approved special regulations for tribal members in both Michigan and 
Wisconsin since the 1986-87, hunting season. In 1987, the GLIFWC 
requested and the Service approved special regulations to permit tribal 
members to hunt on ceded lands in Minnesota, as well as in Michigan and 
Wisconsin. The States of Michigan and Wisconsin concurred with the 
regulations, although Wisconsin has raised some concerns each year. 
Minnesota did not concur with the regulations, stressing that the State 
would not recognize Chippewa Indian hunting rights in Minnesota's 
treaty area until a court with jurisdiction over the State acknowledges 
and defines the extent of these rights. The Service acknowledged the 
State's concern, but pointed out that the United States Government has 
recognized the Indian hunting rights decided in the Voigt case, and 
that acceptable hunting regulations have been negotiated successfully 
in both Michigan and Wisconsin even though the Voigt decision did not 
specifically address ceded land outside Wisconsin. The Service believes 
this is appropriate because the treaties in question cover ceded lands 
in Michigan (and Minnesota), as well as in Wisconsin. Consequently, in 
view of the above, the Service has approved special regulations since 
the 1987-88 hunting season on ceded lands in all three States. In fact, 
this recognition of the principle of reserved treaty rights for band 
members to hunt and fish was pivotal in a decision by the Service to 
approve a special season for the 1836 ceded area in Michigan for the 
1991-92 migratory bird hunting seasons.
    Recently, certain GLIFWC member bands have brought suit to resolve 
the issue of hunting, fishing and gathering rights in the Minnesota 
ceded areas covered under the 1837 and 1854 treaties. The Federal 
Government has intervened in support of the bands.
    In a June 3, 1994, letter, the GLIFWC proposed off-reservation 
special migratory bird hunting regulations for the 1994-95 seasons. 
Details of the proposed regulations are shown below. In general, the 
proposal contains liberalizations in bag limits for ducks (including 
mergansers) and geese from 1993-94 for all of the Minnesota and 
Wisconsin ceded areas. Bag limits for ducks and geese in these areas 
would be 20 and 10, respectively, although certain sex and species 
restrictions would apply. Regulations proposed for the 1836 and 1842 
Treaty areas located in Michigan will be the same as those permitted 
for the State of Michigan, except for the daily bag limit of geese. 
Last year, the request for increase of goose bag limits was objected to 
by the Service in the belief that the Southern James Bay Population of 
Canada Geese, a population that has declined dramatically in the past 
several years, could potentially be further hurt by this action. We now 
know that this goose population is not a major contributor to the 
GLIFWC member band harvest; probably less than 25 geese from this 
population are taken annually by the Bay Mills Community hunters.
    The Service has met several times over the last three months with 
the GLIFWC to explore the increase in duck and goose bag limit issue. 
The 1994-95 GLIFWC proposal provided results from those meetings and 
reflects the sensitivity to biological concerns acknowledged both by 
the GLIFWC and the Service. Estimates indicate that the GLIFWC bands 
have been harvesting less than 2000 ducks and 600 geese annually in 
past years. Results of the 1993-94 hunter survey show that 1631 ducks 
and 402 geese were actually harvested. Under the proposed regulations, 
the increase in harvest is projected to not exceed 3000 ducks and 900 
geese. The Service believes that regulations advanced by the GLIFWC for 
the 1994-95 hunting season are biologically acceptable. The Service is 
proposing to approve the GLIFWC regulations. If the regulations are 
finalized as proposed, the Service would request that the GLIFWC 
closely monitor the member band duck harvest and take any actions 
necessary to reduce harvest if locally nesting populations are being 
significantly impacted.
    The Commission and the Service are parties to a Memorandum of 
Agreement (MOA) designed to facilitate the ongoing enforcement of 
Service-approved tribal migratory bird regulations. The MOA is intended 
to have long-term cooperative application.
    Also, as in recent seasons, the proposal contains references to 
Chapter 10 of the Migratory Bird Harvesting Regulations of the Model 
Off-Reservation Conservation Code. Chapter 10 regulations parallel 
State and Federal regulations and, in effect, are not changed by this 
change in reference.
    The GLIFWC's proposed 1994-95 waterfowl hunting season regulations 
are as follows:

Ducks

    A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates: 
Begin September 15 and end November 7, 1994.
    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 
5 of which may be hens), 4 black ducks, 4 redheads and 4 pintails. If a 
season is offered in the Mississippi Flyway, 2 canvasbacks, otherwise 
the taking of canvasbacks is prohibited.
    B. Michigan, 1842 Treaty Zone: Same dates, season lengths, and 
daily bag limits permitted the State of Michigan for this area under 
final Federal frameworks.
    C. Michigan, 1836 Treaty Zone: Same dates, season lengths, and 
daily bag limits permitted the State of Michigan for this area under 
final Federal frameworks.

Mergansers

    A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates: 
Begin September 15 and end November 7, 1994.
    Daily Bag Limit: The daily bag limit would be 5, including no more 
than 1 hooded merganser.
    B. Michigan, 1842 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 5, including no more than 1 
hooded merganser.
    C. Michigan, 1836 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under Federal frameworks. 
The daily bag limit would be 5, including no more than 1 hooded 
merganser.

Geese: Canada Geese

    A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates: 
Begin September 15 and end December 1, 1994.
    Daily Bag Limit: The daily bag limit would be 10, minus the number 
of blue, snow or white-fronted geese taken.
    B. Michigan, 1842 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 5.
    C. Michigan, 1836 Treaty Zone: Same dates, season length and daily 
bag limit permitted the State of Michigan for this area under final 
Federal frameworks.

Geese: Blue, Snow and White-fronted Geese

    A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates: 
Begin September 15 and end December 1, 1994.
    Daily Bag Limit: The daily bag limit would be 10, minus the number 
of Canada geese taken.
    B. Michigan, 1842 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 7, minus the number of Canada 
geese taken and including no more than 2 white-fronted geese.
    C. Michigan, 1836 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 7, minus the number of Canada 
geese taken and including no more than 2 white-fronted geese.

Other Migratory Birds: Coots and Common Moorhens (Common Gallinules)

    A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates: 
Begin September 15 and end November 7, 1994.
    Daily Bag Limit: The bag limit would be 20, singly or in the 
aggregate.
    B. Michigan, 1842 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 20, singly or in the 
aggregate.
    C. Michigan, 1836 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 20, singly or in the 
aggregate.

Sora and Virginia Rails

    A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates: 
Begin September 15 and end November 7, 1994.
    Daily Bag Limit: The daily bag limit is 25 singly, or in the 
aggregate. The possession limit would be 25.
    B. Michigan, 1842 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 25 singly, or in the 
aggregate. The possession limit would be 25.
    C. Michigan, 1836 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 25, singly or in the 
aggregate. The possession limit would be 25.

Common Snipe

    A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates: 
Begin September 15 and end November 7, 1994.
    Daily Bag Limit: The daily bag limit would be 8.
    B. Michigan, 1842 Treaty Zone: Same dates and season length 
permitted for the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 8.
    C. Michigan, 1836 Treaty Zone: Same dates and season length 
permitted for the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 8.

Woodcock

    A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates: 
Begin September 6 and end November 30, 1994.
    Daily Bag Limit: The daily bag limit would be 5.
    B. Michigan, 1842 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 5.
    C. Michigan, 1836 Treaty Zone: Same dates and season length 
permitted the State of Michigan for this area under final Federal 
frameworks. The daily bag limit would be 5.
    D. General Conditions
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements, 50 CFR Part 20 
and shooting hour regulations in 50 CFR Part 20, Subpart K, as to 
hunting methods, transportation, sale, exportation and other conditions 
generally applicable to migratory bird hunting.
    3. Tribal members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above. 
Possession limits are applicable only to transportation and do not 
include birds which are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of tribal members on ceded 
lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as having been taken 
on-reservation. In Wisconsin, such tagging will comply with applicable 
State laws. All migratory birds which fall on reservation lands will 
not count as part of any off-reservation bag or possession limit.
    5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members 
hunting in Michigan and Minnesota will comply with tribal codes that 
contain provisions that parallel applicable State laws concerning duck 
blinds and/or decoys.

5. Kalispel Tribe, Kalispel Reservation, Usk, Washington

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4600 acres. All Reservation 
land is owned by the tribe and it has full management authority. 
Currently, the tribe has no recognized rights to hunt, fish or gather 
off-reservation. The Kalispel Tribe has a fully developed wildlife 
program with hunting and fishing codes. The tribe enjoys excellent 
wildlife management relations with the State of Washington, with which 
it has an operational Memorandum of Understanding with emphasis on 
fisheries but also for wildlife. The seasons described below pertain to 
non-tribal hunters that would be allowed to harvest waterfowl on a 176 
acre waterfowl management unit. The tribe is utilizing this opportunity 
to rehabilitate an area that needs protection because of past land use 
practices, as well as to provide additional waterfowl hunting in the 
area.
    For the 1994-95 migratory bird hunting seasons, the Kalispel Tribe 
is proposing duck and goose seasons that begin 2 weeks earlier and end 
2 weeks later than those for the State of Washington in the same area. 
The outside framework for ducks and geese would run from October 1, 
1994, through January 29, 1995. In that period, non-tribal hunters 
would be allowed to hunt on Wednesdays, weekends, holidays and for a 
continuous period from November 28 through December 31; the total being 
77 days. Hunters should obtain further information on days from the 
Kalispel Tribe.
    Daily bag and possession limits would be the same as those for the 
State of Washington. All other State and Federal regulations contained 
in 50 CFR Part 20, such as use of steel shot and possession of a signed 
migratory bird hunting stamp, will be observed.
    The Service proposes to agree to the regulations requested by the 
Kalispel Tribe.

6. Klamath Tribe, Chiloquin, Oregon

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing and gathering rights 
within the former reservation boundary. This area of former 
reservation, granted to the Klamaths by the Treaty of 1864, is over 1 
million acres. Tribal natural resource management authority is derived 
from the Treaty of 1864, and carried out cooperatively under the 
judicially enforced Consent Decree of 1981. The parties to this Consent 
Decree are the Federal Government, the State of Oregon and the 
Klamaths. The Klamath Indian Game Commission conducts the setting of 
seasons. Tribal harvest is monitored by both the tribal biological 
staff and tribal Regulatory Enforcement Officers through frequent bag 
checks and hunter interviews.
    In a May 6, 1994, letter, the Klamath Tribe proposed season dates 
that run from October 1, 1994, through January 28, 1995. Daily bag 
limits would be 9 for ducks and 6 for geese; the possession limits 
would be twice the daily bag limit. The daily bag and possession limit 
for coots would be 25. Shooting hours would be one-half hour before 
sunrise to one-half hour after sunset.
    The Service proposes to approve the regulations of the Klamath 
Tribe, provided an agreement can be reached on waterfowl sex and 
species restrictions.

7. Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona

    Since 1985, the Service has established uniform migratory bird 
hunting regulations for tribal members and nonmembers on the Navajo 
Indian Reservation (in parts of Arizona, New Mexico, and Utah). The 
tribe owns almost all lands on the reservation and has full wildlife 
management authority.
    In a June 18, 1994, communication, the tribe proposed special 
migratory bird hunting regulations on the reservation for both tribal 
and nontribal members for the 1994-95 hunting season for ducks 
(including mergansers), Canada geese, coots, band tailed pigeons, and 
mourning doves. For waterfowl, the Navajo Nation requests the earliest 
opening dates and longest seasons, and the same daily bag and 
possession limits, permitted Pacific Flyway States under final Federal 
frameworks, to be announced. For both mourning dove and band-tailed 
pigeons, the Navajo Nation proposes seasons of September 1 through 30. 
The Navajo Nation also proposes daily bag limits of 10 and 5 for 
mourning dove and band-tailed pigeon, respectively. Possession limits 
would be twice the daily bag limits.
    In addition, the tribe proposes to require tribal members and 
nonmembers to comply with all basic Federal migratory bird hunting 
regulations in 50 CFR Part 20 regarding shooting hours and manner of 
taking. In addition, each waterfowl hunter 16 years of age or over must 
carry on his/her person a valid Migratory Bird Hunting and Conservation 
Stamp (Duck Stamp) signed in ink across the face. Special regulations 
established by the Navajo Nation also apply on the reservation. The 
Service proposes to approve the Navajo Nation request for these special 
regulations for the 1994-95 migratory bird hunting seasons.

8. Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin

    Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the 
Service have cooperated to establish uniform regulations for migratory 
bird hunting by tribal and non-tribal hunters within the original 
Oneida Reservation boundaries. Since 1985, the Oneida Tribe's 
Conservation Department has enforced their own hunting regulations 
within those original reservation limits. However, the Oneida Tribe has 
a good working relationship with the State of Wisconsin and the 
majority of the seasons and limits are the same for both.
    In a June 14, 1994, letter to the Service, the tribe proposed 
special waterfowl hunting regulations. For ducks, geese, mourning dove 
and woodcock, the Tribe described the ``outside dates'' (seasons) as 
being September 1 through November 30, 1994, inclusive.
    Canada goose bag limits would be 2 tribally tagged per day; the 
tribe will reissue 2 tags as each 2 birds are registered. The 
possession limit for Canada geese is 4. The Oneida Conservation 
Department is recommending a season quota of 150 geese taken. If that 
quota is attained before the season concludes, the Department 
recommends closing the season early. For ducks, the daily bag limit is 
5, which could include: no more than 3 mallards, with only 1 hen; 4 
wood ducks; 1 canvasback; 1 redhead; and 1 hooded merganser. The daily 
bag limits for mourning dove and woodcock would be 10 and 6, 
respectively.
    Shooting hours are proposed to be one-half hour before sunrise to 
sunset. Indians and non-Indians hunting on the Oneida Indian 
Reservation or on lands under the jurisdiction of the Oneida Nation 
will observe all basic Federal migratory bird hunting regulations found 
in 50 CFR, except that the tribe proposes to exempt Indian hunters from 
the purchase of the Migratory Waterfowl Hunting and Conservation Stamp 
(``Duck Stamp'') and the plugging of shotguns to limit capacity to 3 
shells.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Oneida Tribe of Indians of Wisconsin 
if the tribe requires tribal members to plug shotguns to limit capacity 
to three shells.

9. Penobscot Indian Nation, Old Town, Maine

    Since June 1985, the Service has approved a general migratory bird 
hunting season for both Penobscot tribal members and nonmembers, under 
regulations adopted by the State, and a sustenance season that applies 
only to tribal members. At the Service's request, the tribe has 
monitored black duck and other waterfowl harvest during each sustenance 
season and has confirmed that it is negligible in size. The waterfowl 
harvest in the 1993-94 sustenance season is assumed to be low and 
similar to that of the previous seasons.
    The Penobscot Nation usually outlines their migratory bird hunting 
season proposal through the Service's Region 5 Office, however, this 
year has not provided confirmatory information. The tribe normally 
requests special sustenance regulations for tribal members in an area 
of trust lands that includes but is much larger than the reservation. 
These lands were acquired by the tribe in the 1980 Maine Indian Claims 
Settlement. The tribe would be proposing a 1994-95 sustenance hunting 
season of 75 days (September 17-November 30), with a daily bag limit of 
4 ducks, including no more than 1 black duck and 2 wood ducks. The 
daily bag limit for geese would include 3 Canada geese or 3 snow geese, 
or 3 in the aggregate. When the sustenance and Maine's general 
waterfowl season overlap, the daily bag limit for tribal members would 
be only the larger of the two daily bag limits. All other Federal 
regulations would be observed by tribal members, including that 
shooting hours would be from one-half hour before sunrise to sunset.
    Nontribal members hunting within Penobscot Indian Territory would 
adhere to the seasons and bag limits established by the State of Maine.
    The Service proposes to approve the 1994-95 regulations put forward 
by the Penobscot Nation, provided the tribe provides the appropriate 
confirmation copies of regulations for the seasons.

10. Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota

    The Crow Creek Indian Reservation has a checkerboard pattern of 
land ownership, with much of the land owned by non-Indians. Up until 
the 1993-94 season, the tribe observed the waterfowl hunting 
regulations established by the State of South Dakota. However, the 
tribe is continuing to develop a wildlife management program, and in a 
proposal dated June 13, 1994, requested that it set its own 1994-95 
special waterfowl hunting regulations as it did for the 1993-94 hunting 
season. These regulations would be in accordance with Federal 
guidelines and independent of the State of South Dakota seasons. The 
tribe would have a later, continuous duck season, beginning on October 
29 and ending on December 11, 1994, and the same daily bag and 
possession limits permitted by final Federal frameworks, to be 
announced. The requested hunting season dates would probably not be 
within Federal frameworks. The season and bag limits would be 
essentially the same as last year, and harvest is again expected to be 
low because of the small number of hunters. Estimated harvest, based on 
hunter reports, for ducks last season was about 67, including 59 
mallards. The tribe states there may be an increase in the success of 
duck hunters in the 1994-95 season due to the shift in season dates.
    The tribe requested that the goose hunting season begin on October 
9, 1994, and extend through January 1, 1995. The daily bag and 
possession limits would be those permitted by final Federal frameworks, 
to be announced. Harvest for last season has been estimated at about 
203, of which 191 were Canada geese. This harvest level is less than 
half of the estimated harvest for the previous hunting season. Harvest 
for this coming seasoning should be approximately the same as last 
season.
    The Service proposes to approve the tribal requests for duck and 
goose hunting regulations. In the past, the duck regulations have been 
continued on an experimental basis; the Service now considers these 
regulations to be operational. However, as with all other groups, the 
Service asks that the tribe continue to survey and report the harvest.

11. Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota

    For the first time, in the 1994-95 migratory bird seasons, the 
Lower Brule Sioux Tribe and the Service are cooperating to establish 
regulations for the Lower Brule Reservation. The Lower Brule 
Reservation is about 214,000 acres in size and is located on and 
adjacent to the Missouri River, south of Pierre. Land ownership on the 
reservation is mixed, however, the Lower Brule Tribe currently has full 
management authority. On-reservation management authority over fish and 
wildlife was established for the Lower Brule Sioux Tribe via a MOA with 
the State of South Dakota, dated October 24, 1986. This MOA will 
continue until settled by the court. The MOA provides the tribe 
jurisdiction over fish and wildlife on reservation lands, including 
deeded and Corps of Engineers taken lands. Recent meetings between the 
Lower Brule Sioux Tribe, the South Dakota Department of Game, Fish and 
Parks and the Service have yielded consensus on the implementation of 
this Agreement for the 1994-95 season. This will allow the public a 
clear understanding of the Lower Brule Sioux Wildlife Department 
license requirements and regulations. The Lower Brule Reservation 
waterfowl season is open to tribal and non-tribal hunters alike.
    For the 1994-95 migratory bird hunting season, the Lower Brule 
Sioux Tribe is proposing a duck season length of 51 days, which would 
run from October 14 through December 3. The daily bag limit would be 4 
ducks, which could include 4 mallards but no more than 1 hen mallard. 
The goose season would run from October 14 through December 31, with 
daily bag limits of 2 Canadas or 2 white-fronted geese, or 2 in the 
aggregate. The daily bag limit for snow geese would be 10. Possession 
limits for the above would be twice the daily bag limits.
    For the 1993-94 season, calculations set the duck harvest at 136, 
primarily mallards, and the goose harvest at 3,654, virtually all 
Canada geese. With these proposed regulations, the duck harvest is 
anticipated to increase by 90 and the goose harvest by 500. Estimates 
of increase are based on conditions in 1994-95 being the same or 
similar to the flight conditions in 1993-94. All basic Federal 
regulations contained in 50 CFR Part 20, including the use of steel 
shot, Migratory Waterfowl Hunting and Conservation Stamp, etc., would 
be observed. The Lower Brule Sioux Tribe has an official Conservation 
Code that was established by Tribal Council Resolution on June 1982.
    The Service proposes to approve the regulations set out here for 
the Lower Brule Reservation, provided the Service and the tribe can 
come to agreement on restrictions relative to species of concern, e.g., 
wood ducks, redheads, canvasbacks, hooded mergansers and pintails.

12. Yankton Sioux Tribe, Marty, South Dakota

    On May 31, 1994, the Yankton Sioux Tribe submitted a waterfowl 
hunting proposal for the 1994-95 season. The Yankton Sioux tribal 
waterfowl hunting season would be open to both tribal members and 
nonmembers. The waterfowl hunting regulations to be established by this 
proposal would apply to tribal and trust lands within the external 
boundaries of the reservation.
    The duck (including mergansers) and coot hunting regulations 
proposed by the Yankton Sioux Tribe, including seasons and bag limits, 
are as follows: Season limits would be October 29 to December 6, 1994. 
The possession limits for ducks and coots would be twice the daily bag 
limits, with only double the species restrictions. Daily bag limits 
would be 4 for ducks and 15 for coots. For ducks, the daily bag limit 
would include only 3 mallards (of which only 1 may be a hen), 1 
redhead, 1 pintail, 2 wood ducks, 1 canvasback and 1 hooded merganser.
    Swan season and bag limits would follow those set by the State of 
South Dakota, for both tribal and nontribal hunters.
    The tribe has requested a continuous Canada (including brant), snow 
and white-fronted goose hunting season, beginning approximately October 
1 and ending on December 18, 1994. The dark goose daily bag limit would 
be 2 Canada geese and 1 white-fronted goose. For white geese, the daily 
bag limit would be 10. Possession limits for geese are twice the daily 
bag limit.
    A special extended goose season is proposed within the Yankton 
Sioux Reservation for both tribal and nontribal members. This season 
would begin at the close of the regular goose season (December 19, 
1994) and continue through January 8, 1995. During this extended 
season, hunting for geese would be allowed only in the special hunting 
zone established by the Yankton Sioux Tribe in the area commonly known 
as the Chalk Rock Colony (Goose Hunting Unit 2). Bag limit and other 
regulations information, as well as maps, for this zone would be 
available at the Bureau of Indian Affairs Office in Wagner, South 
Dakota.
    All hunters would have to be in possession of a valid tribal 
license while hunting on Yankton Sioux trust lands. Tribal and 
nontribal hunters would have to comply with all basic Federal migratory 
bird hunting regulations in 50 CFR Part 20, regarding shooting hours 
and manner of taking. Special regulations established by the Yankton 
Sioux Tribe also apply on the reservation.
    The Service proposes to concur with the Yankton Sioux proposal for 
the 1994-95 hunting season, and requests that the tribe continue to 
monitor and report the harvest of Canada, snow and white-fronted geese.

13. Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the Tribes are currently operating under a 
cooperative agreement signed in 1990 that addresses fishing and hunting 
management and regulation issues of mutual concern. This agreement 
enables all hunters to utilize waterfowl hunting opportunities on the 
reservation. Reservation proposed special regulations for waterfowl 
hunting were submitted to the Service in a May 20, 1994, letter and 
would follow regulations for the Montana area of the Pacific Flyway, 
included in final Federal frameworks.
    As in the past, tribal regulations for non-tribal duck and goose 
hunters would be at least as restrictive as for the Pacific Flyway 
portion of the State and, if circumstances warrant, would provide for 
early closure of goose hunting. Early closure may occur on December 4, 
1994, in the special goose management unit that will be described in a 
later rulemaking. Shooting hours for waterfowl hunting on the Flathead 
Reservation are sunrise to sunset over the dates to be specified in the 
final regulations.
    The requested season dates and bag limits are similar to the 
regulations of the past five years and it is anticipated there will be 
no significant changes in harvest levels. Data from check stations 
indicate the estimated 1993-94 duck harvest to be 309 and the goose 
harvest to be 120. A large majority of the harvest is by non-tribal 
hunters.
    The Service proposes to approve the tribes' request for special 
migratory bird regulations for the 1994-95 hunting season.

14. Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho

    Almost all of the Fort Hall Indian Reservation is tribally-owned. 
The tribes claim full wildlife management authority throughout the 
reservation, but the Idaho Fish and Game Department has disputed tribal 
jurisdiction, especially for hunting by nontribal members on 
reservation lands owned by non-Indians. As a compromise, since 1985, 
the Service has established the same waterfowl hunting regulations on 
the reservation and in a surrounding off-reservation State zone. The 
regulations were requested by the tribes and provided for different 
season dates than in the remainder of the State. The Service agreed to 
the season dates because it seemed likely that they would provide 
additional protection to mallards and pintails; the State concurred 
with the zoning arrangement. The Service has no objection to the 
State's use of this zone again in the 1994-95 hunting season, provided 
the duck and goose hunting season dates are the same as on the 
reservation. In a May 11, 1994, proposal, for the 1994-95 hunting 
season, the Shoshone-Bannock Tribes have requested a continuous duck 
(including mergansers) season with the maximum number of days and the 
same daily bag and possession limits permitted Pacific Flyway States, 
under final Federal frameworks to be announced. If 59 days are 
permitted, as in last year, this could conceivably begin the season on 
October 22 and conclude it on December 20, 1994, with a later opening 
and a later closure. Coot and snipe season dates would be the same as 
for ducks, with the same daily bag and possession limits permitted 
Pacific Flyway States.
    The tribes also requested a continuous goose season with the 
maximum number of days and the same daily bag and possession limits 
permitted Idaho under Federal frameworks. The tribes propose that, if 
the same number of hunting days (93) are permitted as in previous 
years, the season would have a later opening (October 8, 1994) and a 
later closing date (January 8, 1995) than last year.
    Non-tribal hunters must comply with all basic Federal migratory 
bird hunting regulations in 50 CFR Part 20, regarding shooting hours 
and manner of taking. Special regulations established by the Shoshone-
Bannock Tribes also apply on the reservation.
    The Service notes that the requested regulations are nearly 
identical to those of last year and proposes to approve them.

15. The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington

    The Tulalip Tribes are the successors in interest to the Snohomish, 
Snoqualmie and Skykomish tribes and other tribes and bands signatory to 
the Treaty of Point Elliott of January 22, 1855. The Tulalip Tribes 
government is located on the Tulalip Indian Reservation at Marysville, 
Washington. The tribes or individual tribal members own all of the land 
on the reservation, and they have full wildlife management authority. 
All lands within the boundaries of the Tulalip Tribes Reservation are 
closed to non-member hunting unless opened by Tulalip Tribal 
regulations.
    In a letter dated May 13, 1994, the Tulalip Tribes proposed tribal 
and non-tribal hunting regulations for the 1994-95 seasons as follows:
    For ducks and coot, the proposed season for tribal members would be 
from September 15, 1994, through February 1, 1995. In the case of non-
tribal hunters hunting on the reservation, the season would be the 
latest closing date and the longest period of time allowed for the 
State of Washington under final Federal frameworks, to be announced. 
Daily bag and possession limits for Tulalip Tribal members would be 6 
and 12 ducks, respectively, except that for blue-winged teal, 
canvasback, harlequin, pintail and wood duck the bag and possession 
limits would be the same as those established for the State of 
Washington in accordance with final Federal frameworks. For non-tribal 
hunters, bag and possession limits would be the same as those permitted 
the State of Washington under final Federal frameworks, to be 
announced. It would be necessary for non-tribal hunters to check with 
the Tulalip tribal authorities for additional conservation measures 
which may apply for specific species managed within the ``region.''
    For geese, tribal members are proposed to be allowed to hunt from 
September 15, 1994, through February 1, 1995. Non-tribal hunters would 
be allowed the longest season and the latest closing date permitted for 
the State of Washington under final Federal frameworks, to be 
announced. For tribal hunters, the goose daily bag and possession 
limits are proposed to be 6 and 12, respectively, except that the bag 
limits for brant, cackling Canada geese and dusky Canada geese would be 
those established for the Pacific Flyway in accordance with final 
Federal frameworks, to be announced. For non-tribal hunters hunting on 
reservation lands, the daily bag and possession limits would be those 
established in accordance with final Federal frameworks for the State 
of Washington, to be announced. The Tulalip Tribe also sets a maximum 
annual bag limit on ducks and geese for those tribal members who engage 
in subsistence hunting.
    For snipe, the proposed open seasons follow those regulations for 
ducks, coot and geese given above. For both tribal and non-tribal 
hunters, snipe daily bag and possession limits are proposed to be set 
at 6 and 12, respectively.
    All hunters on Tulalip Tribal lands are required to adhere to 
shooting hour regulations set at one-half hour before sunrise to 
sunset, special tribal permit requirements, and a number of other 
regulations enforced by the tribe. Non-tribal hunters sixteen years of 
age and older, hunting pursuant to Tulalip Tribes' Ordinance No. 67, 
must possess a valid Federal Migratory Bird Hunting and Conservation 
Stamp and a valid State of Washington Migratory Waterfowl Stamp. Both 
stamps must be validated through signature across the face in ink.
    Although the season length requested by the Tulalip Tribes appears 
to be quite liberal, a rough estimate of past harvests indicates a 
total take by tribal and non-tribal hunters under 1,000 ducks and 500 
geese, annually. The Service intends to concur with the Tulalip Tribes 
request for the above seasons and requests that the harvest be 
monitored closely and regulations be reevaluated for future years if 
harvest becomes too great in relation to population numbers.

Public Comment

    The Director intends that finally adopted rules be as responsive as 
possible to all concerned interests. Therefore, she desires to obtain 
the comments and suggestions on these proposals from the public, other 
concerned governmental agencies, tribal and other Indian organizations, 
and private interests, and she will take into consideration any 
reasonable comments received. Such comments, and any additional 
information received, may lead the Director to adopt final regulations 
differing from these proposals.
    No public comment has been provided to the Service for the Notice 
of Intent published on April 7, 1994, to promulgate a rulemaking with 
regard to regulations for migratory bird hunting by American Indian 
tribal members.

Comment Procedure

    Special circumstances in the establishment of these regulations 
limit the amount of time that the Service can allow for public comment. 
Two considerations compress the time in which this rulemaking process 
must operate: the need, on the one hand, for tribes and the Service to 
establish final regulations before September 1, 1994, and on the other 
hand, the unavailability until late July of specific reliable data for 
each year's status of waterfowl. Therefore, the Service believes that 
to allow a comment period past August 31, 1994 is impracticable in 
terms of publishing timely rulemakings and contrary to the public 
interest.
    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may participate by 
submitting written comments to the Director, (FWS/MBMO), U.S. Fish and 
Wildlife Service, Department of the Interior, 634 ARLSQ, 1849 C St., 
NW, Washington, D.C. 20240. Comments received will be available for 
public inspection during normal business hours at the Service's Office 
of Migratory Bird Management in Room 634, Arlington Square Building, 
4401 N. Fairfax Drive, Arlington, VA 22203. All relevant comments on 
the proposals received no later than August 31, 1994 will be 
considered.

NEPA Consideration

    Pursuant to the requirements of section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final 
Environmental Statement for the Issuance of Annual Regulations 
Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed 
with the Council on Environmental Quality on June 6, 1975, and notice 
of availability was published in the Federal Register on June 13, 1975, 
(40 FR 25241). A supplement to the final environmental statement, the 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-
14)'' was filed on June 9, 1988, and notice of availability was 
published in the Federal Register on June 16, 1988 (53 FR 22582), and 
June 17, 1988 (53 FR 22727). In addition, an August 1985 environmental 
assessment titled ``Guidelines for Migratory Bird Hunting Regulations 
on Federal Indian Reservations and Ceded Lands'' is available from the 
Service.

Endangered Species Act Considerations

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded or carried out * * * is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat * * *'' Consequently, the Service has initiated 
Section 7 consultation under the Endangered Species Act for the 
proposed migratory bird hunting seasons including those which occur on 
Federally recognized Indian reservations and ceded lands. When 
completed, the Service's biological opinion resulting from its 
consultation under Section 7 of the Endangered Species Act may be 
inspected by the public in, and/or are available to the public from, 
the Division of Endangered Species and Habitat Conservation and the 
Office of Migratory Bird Management, U.S. Fish and Wildlife Service, 
Department of the Interior, Washington, D.C. 20240. Copies of these 
documents are available from the Service at the address indicated under 
the caption ADDRESSES.

Regulatory Flexibility Act, Executive Order 12866, and the 
Paperwork Reduction Act

    In the April 7 Federal Register, the Service reported measures it 
had undertaken to comply with requirements of the Regulatory 
Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and Executive Order 
12866. These included preparing an Analysis of Regulatory Effects, 
preparing a Small Entity Flexibility Analysis under the Regulatory 
Flexibility Act, and publishing a summary of the latter. This 
information is included in the present document by reference. This 
action was not subject to review by the Office of Management and Budget 
under Executive Order 12866. This rule does not contain any information 
collection requiring approval by the Office of Management and Budget 
under 44 U.S.C. 3504.

Authorship

    The primary author of this proposed rulemaking is Dr. Keith A. 
Morehouse, Office of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Transportation, Wildlife.

    Based on the results of soon to be completed migratory game bird 
studies, and having due consideration for any data or views submitted 
by interested parties, this proposed rulemaking may result in the 
adoption of special hunting regulations for migratory birds beginning 
as early as September 1, 1994, on certain Federal Indian reservations, 
off-reservation trust lands, and ceded lands. Taking into account both 
reserved hunting rights and the degree to which tribes have full 
wildlife management authority, the regulations only for tribal or for 
both tribal and nontribal members may differ from those established by 
States in which the reservations, off-reservation trust lands, and 
ceded lands are located. The regulations will specify open seasons, 
shooting hours, and bag and possession limits for rails, coot, 
gallinules (including moorhen), woodcock, common snipe, band-tailed 
pigeons, mourning doves, white-winged doves, ducks (including 
mergansers) and geese.
    The rules that eventually will be promulgated for the 1994-95 
hunting season are authorized under the Migratory Bird Treaty Act 
(MBTA) of July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), as 
amended. The MBTA authorizes and directs the Secretary of the Interior, 
having due regard for the zones of temperature and for the 
distribution, abundance, economic value, breeding habits, and times and 
lines of flight of migratory game birds, to determine when, to what 
extent, and by what means such birds or any part, nest or egg thereof 
may be taken, hunted, captured, killed, possessed, sold, purchased, 
shipped, carried, exported or transported.

    Dated: August 1, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-20038 Filed 8-15-94; 8:45 am]
BILLING CODE 4310-55-P