[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Proposed Rules]
[Pages 43854-43864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21936]



[[Page 43853]]

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Part V





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



50 CFR Part 20



Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 1998-99 
Season; Proposed Rule

  Federal Register / Vol. 63, No. 157 / Friday, August 14, 1998 / 
Proposed Rules  

[[Page 43854]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE93


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 1998-99 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

SUMMARY: This rule proposes special migratory bird hunting regulations 
for certain tribes on Federal Indian reservations, off-reservation 
trust lands, and ceded lands for the 1998-99 migratory bird hunting 
season.

DATES: The comment period for these proposed regulations will end on 
August 24, 1998.

ADDRESSES: Comments should be sent to: Chief, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, ms 634-ARLSQ, 1849 C St., 
NW., Washington, DC 20240. The public may inspect comments received, if 
any, during normal business hours in Room 634-Arlington Square 
Building, 4401 N. Fairfax Drive, Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, (703/358-1838).

SUPPLEMENTARY INFORMATION: In the March 20, 1998, Federal Register (63 
FR 13748), the Service requested proposals from Indian tribes wishing 
to establish special migratory bird hunting regulations for the 1998-99 
hunting season, under the guidelines described in the June 4, 1985, 
Federal Register (50 FR 23467). The Service developed guidelines in 
response to tribal requests for recognition of their reserved hunting 
rights and, for some tribes, recognition of their authority to regulate 
hunting by both tribal and non-tribal members on their reservations. 
The guidelines include possibilities for:
    (1) On-reservation hunting by both tribal and non-tribal members, 
with hunting by non-tribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10 to September 1 closed season mandated 
by the 1916 Migratory Bird Treaty with Canada. The guidelines apply to 
those tribes having recognized reserved hunting rights on Federal 
Indian reservations (including off-reservation trust lands) and on 
ceded lands. They also apply to establishing migratory bird hunting 
regulations for non-tribal 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 non-tribal members on 
lands owned by non-Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, the Service encourages the tribes and States to reach agreement 
on regulations that would apply throughout the reservations. When 
appropriate, the Service will consult with a tribe and State with the 
aim of facilitating an accord. The Service also will consult jointly 
with tribal and State officials in the affected States where tribes 
wish to establish special hunting regulations for tribal members on 
ceded lands.
    Because of past questions regarding interpretation of what events 
trigger the consultation process, as well as who initiates it, the 
Service provides the following clarification. The Service routinely 
provides copies of Federal Register publications to all State 
Directors, tribes and other interested parties. It is the 
responsibility of the States, tribes and others to notify the Service 
of any concern regarding any feature(s) of any regulations to the 
attention of the Service. When the Service receives such notification, 
we will initiate consultation.
    Service guidelines provide for the continued harvest of waterfowl 
and other migratory game birds by tribal members on reservations where 
it has been a customary practice. The Service does not oppose this 
harvest, provided it does not take place during the closed season 
defined by the 1916 Migratory Bird Convention with Canada, and does not 
adversely affect the status of the migratory bird resource.
    Before developing the guidelines, the Service reviewed available 
information on the current status of migratory bird populations; 
reviewed the current status of migratory bird hunting on Federal Indian 
reservations; and evaluated the potential impact of such guidelines on 
migratory birds. The Service concluded that the impact of migratory 
bird harvest by tribal members hunting on their reservations is 
minimal.
    One area of interest in Indian migratory bird hunting regulations 
relates to hunting seasons for non-tribal members on dates that are 
within Federal frameworks, but which are different from those 
established by the State(s) where the reservation is located. A large 
influx of non-tribal hunters onto a reservation at a time when the 
season is closed in the surrounding State(s) could result in adverse 
population impacts on one or more migratory bird species. The 
guidelines make this unlikely, however, because tribal proposals must 
include:
    (a) Harvest anticipated under the requested regulations;
    (b) Methods that will be employed to measure or monitor harvest 
(such as 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 adversely 
impact the migratory bird resource; and
    (d) Tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    The Service may modify or establish regulations experimentally, 
after evaluation and confirmation of harvest information obtained by 
the tribes.
    The Service believes the guidelines provide appropriate opportunity 
to accommodate the reserved hunting rights and management authority of 
Indian tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. The guidelines should not be viewed as 
inflexible. In this regard, the Service notes that they have been 
employed successfully since 1985. The Service believes they have been 
tested adequately and therefore, made them final beginning with the 
1988-89 hunting season. It should be stressed here, however, that use 
of the guidelines is not mandatory and no action is required if a tribe 
wishes to observe the hunting regulations established by the State(s) 
in which the reservation is located.

[[Page 43855]]

    In summary, this document proposes 1998-99 season migratory bird 
hunting regulations for participating tribes.

Hunting Season Proposals From Indian Tribes and Organizations

    For the 1998-99 hunting season, the Service received requests from 
nineteen tribes and Indian organizations appropriate for Federal 
Register publication. The Service actively solicits regulatory 
proposals from other tribal groups that are interested in working 
cooperatively for the benefit of waterfowl and other migratory game 
birds. The Service encourages tribes to work with us to develop 
agreements for management of migratory bird resources on tribal lands.
    It should be noted that this proposed rule includes generalized 
regulations for both early- and late-season hunting. A final rule will 
be published in a late-August 1998 Federal Register that will include 
tribal regulations for the early-hunting season. The early season 
begins on September 1 each year and most commonly includes such species 
as mourning doves and white-winged doves. A final rule will also be 
published in a September 1998 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 time frame 
for establishing regulations for Indian tribes and because final 
frameworks dates and other specific information are not available, the 
regulations for many tribal hunting seasons are described in relation 
to the season dates, season length and limits that will be permitted 
when final Federal frameworks are announced for early- and late-season 
regulations. For example, daily bag and possession limits for ducks on 
some areas are shown as ``Same as permitted Pacific Flyway States under 
final Federal frameworks,'' and limits for geese will be shown as the 
same permitted by the State(s) in which the tribal hunting area is 
located.
    The proposed frameworks for early-season regulations were published 
in the Federal Register on July 17, 1998 (63 FR 38700); early-season 
final frameworks will be published in mid-August. Proposed late-season 
frameworks for waterfowl and coots will be published in mid-August, and 
the final frameworks for the late seasons will be published in mid-
September. The Service will notify affected tribes of season dates, bag 
limits, etc., as soon as final frameworks are established. As 
previously discussed, no action is required by tribes wishing to 
observe migratory bird hunting regulations established by the State(s) 
where they are located.
    The proposed regulations for the twenty tribes with proposals that 
meet the established criteria are shown below.

(a) Colorado River Indian Tribes, Colorado River Indian Reservation, 
Parker, Arizona (Tribal Members and Non-Tribal Hunters)

    The Colorado River Indian Reservation is located in Arizona and 
California. The tribes own almost all lands on the reservation, and 
have full wildlife management authority.
    In their 1998-99 proposal, dated May 21, 1998, the Colorado River 
Indian Tribes requested split dove seasons. They propose their early 
season begin September 1 and end September 15, 1998. Daily bag limits 
would be 10 mourning or 10 white-winged doves either singly or in the 
aggregate. The late season for doves is proposed to open November 21, 
1998, and close January 4, 1999. A daily bag limit would be 10 mourning 
doves. The possession limit would be twice the daily bag limit. 
Shooting hours would be from one-half hour before sunrise to noon. 
Other special tribally set regulations would apply.
    The tribes also propose duck hunting seasons. The season would open 
on a Saturday and run for the maximum number of days allowed under the 
Pacific Flyway frameworks through January 17, 1998. The tribes propose 
the same season dates for coots and common moorhens. The daily bag 
limit for ducks, including mergansers, would be the same as that 
allowed in the Pacific Flyway. The possession limit would be twice the 
daily bag limit. The daily bag limit for coots and common moorhens 
would be 25, singly or in the aggregate. The possession limit for coots 
and common moorhens would be twice the daily bag limit.
    For geese, the Colorado River Indian Tribes propose a season of 
November 21, 1998, through January 17, 1999. The daily bag and 
possession limits for geese would be 4.
    In 1996, the tribe conducted a detailed assessment of dove hunting. 
Results showed approximately 16,100 mourning doves and 13,600 white-
winged doves were harvested by approximately 2,660 hunters who averaged 
1.45 hunter-days. Field observations and permit sales indicate that 
fewer than 200 hunters participate in waterfowl seasons. Under the 
proposed regulations described here and, based upon past seasons, the 
tribes and the Service estimate harvest will be similar.
    Hunters must have a valid Colorado River Indian Reservation hunting 
permit in their possession while hunting. As in the past, the 
regulations would apply both to tribal and non-tribal hunters, and non-
toxic shot is required for waterfowl hunting. The Service proposes to 
approve the Colorado River Indian Tribes regulations for the 1998-99 
hunting season.

(b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Non-Tribal Hunters)

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the tribes are currently operating under a 
cooperative agreement signed in 1990 that addresses fishing and hunting 
management and regulation issues of mutual concern. This agreement 
enables all hunters to utilize waterfowl hunting opportunities on the 
reservation. The tribes proposed special regulations for waterfowl 
hunting were submitted to the Service in a June 8, 1998, proposal.
    As in the past, tribal regulations for non-tribal members would be 
at least as restrictive as those established for the Pacific Flyway 
portion of Montana. Goose season dates would also be at least as 
restrictive as those established for the Pacific Flyway portion of 
Montana.
    Shooting hours for waterfowl hunting on the Flathead Reservation 
are sunrise to sunset. Steel, bismuth-tin, or other Federally-approved 
non-toxic shots are the only legal shotgun loads on the reservation for 
waterfowl or other game birds.
    The requested season dates and bag limits are generally similar to 
past regulations. Harvest levels are not expected to change 
significantly. Standardized check station data from the 1993-94 and 
1994-95 hunting seasons indicated no significant changes in harvest 
levels and that the large majority of the harvest is by non-tribal 
hunters.
    The Service proposes to approve the tribes' request for special 
migratory bird regulations for the 1999-99 hunting season.

(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota (Tribal Members and Non-Tribal Hunters)

    The Crow Creek Indian Reservation has a checkerboard pattern of 
land ownership, with much of the land

[[Page 43856]]

owned by non-Indians. Since the 1993-94 season, the tribe has selected 
special waterfowl hunting regulations independent of the State of South 
Dakota. The tribe observes migratory bird hunting regulations contained 
in 50 CFR part 20.
    In a May 13, 1998, proposal, the tribe requested that a duck and 
goose season starting approximately October 3, 1998, and running until 
January 10, 1998, or for the maximum number of days allowed under final 
Federal frameworks, with the same daily bag and possession limits 
permitted by the final Federal frameworks. The season and bag limits 
would be essentially the same as last year, given the final Federal 
frameworks. In addition to the above goose season, the tribe has also 
proposed a light goose only season from February 17 through March 10, 
1999.
    The tribe expects harvest to be low because of the small number of 
hunters. In 1994-95, duck harvest was 48 birds, down from 67 in 1993-
94. Goose harvest during recent past seasons has been less than 100 
geese. Harvest for the 1998-99 coming season should be similar.
    The tribe also requests a sandhill crane season from September 19 
to October 25, 1998. Bag and possession limits would follow final 
Federal frameworks.
    The Service proposes to approve the tribal requests provided that 
the tribe's light goose season is limited to no more than 107 days of 
hunting. Under the Migratory Bird Treaty, all non-tribal hunting season 
are limited to no more than 107 days. The Service also reminds the 
tribe that all sandhill crane hunters are required to obtain a Federal 
sandhill crane permit. As such, the tribe should contact the Service 
for further information on obtaining the needed permits. In addition, 
as with all other groups, the Service requests the tribe continue to 
survey and report harvest.

(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only)

    In 1996, for the first time, the Service and the Fond du Lac Band 
of Lake Superior Chippewa Indians cooperated to establish special 
migratory bird hunting regulations for tribal members. The Fond du 
Lac's May 27, 1998, proposal covers land set apart for the band under 
the Treaty of 1854 in northeast Minnesota.
    The band's proposal for 1998-99 is essentially the same as that 
approved by the Service last year. Specifically, the Fond du Lac Band 
proposes a September 19 to November 22, 1998, season on ducks, 
mergansers, coots and moorhens, and a September 5 to November 22, 1998, 
season for geese. For sora and Virginia rails, snipe, and woodcock, the 
Fond du Lac Band proposes a September 1 to November 22, 1998, season. 
Proposed bag limits would consist of the following:
Ducks
    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 
5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2 
canvasbacks.
Mergansers
    Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
merganser.
Geese
    Daily Bag Limit: 10 geese.
Coots and Common Moorhens (Common Gallinules)
    Daily Bag Limit: 20 coots and common moorhens, singly or in the 
aggregate.
Sora and Virginia Rails
    Daily Bag and Possession Limit: 25 sora and Virginia rails singly, 
or in the aggregate.
Common Snipe
    Daily Bag Limit: 8 common snipe.
Woodcock
    Daily Bag Limit: 5 woodcock.
    The following general conditions apply:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation and other 
conditions generally applicable to migratory bird hunting.
    3. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above. 
Possession limits are applicable only to transportation and do not 
include birds which are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of band members on ceded 
lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as having been taken 
on-reservation. All migratory birds which fall on reservation lands 
will not count as part of any off-reservation bag or possession limit.
    The Band and the Service anticipate harvest will be fewer than 500 
ducks and geese and 150 coots.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Fond du Lac Band of Lake Superior 
Chippewas.

(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only)

    In the 1995-96 migratory bird seasons, the Grand Traverse Band of 
Ottawa and Chippewa Indians and the Service first cooperated to 
establish special regulations for waterfowl. The Grand Traverse Band is 
a self-governing, federally recognized tribe located on the west arm of 
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse 
Band is a signatory tribe of the Treaty of 1836. The Service has 
approved special regulations for tribal members of the 1836 treaty's 
signatory tribes on ceded lands in Michigan since the 1986-87 hunting 
season.
    For the 1998-99 season, the Grand Traverse Band of Ottawa and 
Chippewa Indians proposes a tribal member duck season that would run 
from September 20, 1998, through January 20, 1999. A daily bag limit of 
10 would include no more than 1 pintail, 1 canvasback, 1 hooded 
merganser, 2 black ducks, 2 wood ducks, 2 redheads, and 5 mallards 
(only 2 of which may be hens).
    For Canada geese, the tribe proposes a September 1 through November 
30, 1998, and a January 1 through February 8, 1999, season. For white-
fronted geese, brant, and snow geese, the tribe proposes an October 1 
through November 30, 1998, season. The daily bag limit for all geese 
(including brant) would be 5 birds. Based on Service information, it is 
unlikely that any Canada geese from the Southern James Bay Population 
would be harvested by the tribe.
    For woodcock, snipe, and sora rail, the tribe proposes a September 
1 to November 14, 1998, season. The daily bag limit shall not exceed 5 
birds per species.
    All other Federal regulations contained in 50 CFR part 20 would 
apply.

[[Page 43857]]

    The tribe proposes to closely monitor harvest through game bag 
checks, patrols, and mail surveys. In particular, the tribe proposes 
monitoring the harvest of Southern James Bay Canada geese to assess any 
impacts of tribal hunting on the population.
    The Service proposes to approve the Grand Traverse Band of Ottawa 
and Chippewa Indian's requested 1998-99 special migratory bird hunting 
regulations.

(f) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 
(Tribal Members Only)

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC, which represents the various bands). 
Beginning in 1986, a tribal season on ceded lands in the western 
portion of the State's Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources, and the Service has 
approved special regulations for tribal members in both Michigan and 
Wisconsin since the 1986-87, hunting season. In 1987, the GLIFWC 
requested and the Service approved special regulations to permit tribal 
members to hunt on ceded lands in Minnesota, as well as in Michigan and 
Wisconsin. The States of Michigan and Wisconsin concurred with the 
regulations, although Wisconsin has raised some concerns each year. 
Minnesota did not concur with the regulations, stressing that the State 
would not recognize Chippewa Indian hunting rights in Minnesota's 
treaty area until a court with jurisdiction over the State acknowledges 
and defines the extent of these rights. The Service acknowledged the 
State's concern, but pointed out that the United States Government has 
recognized the Indian hunting rights decided in the Voigt case, and 
that acceptable hunting regulations have been negotiated successfully 
in both Michigan and Wisconsin even though the Voigt decision did not 
specifically address ceded land outside Wisconsin. The Service believes 
this is appropriate because the treaties in question cover ceded lands 
in Michigan (and Minnesota), as well as in Wisconsin. Consequently, in 
view of the above, the Service has approved special regulations since 
the 1987-88 hunting season on ceded lands in all three States. In fact, 
this recognition of the principle of reserved treaty rights for band 
members to hunt and fish was pivotal in a Service decision to approve a 
special 1991-92 season for the 1836 ceded area in Michigan.
    Recently, certain GLIFWC member bands have brought suit to resolve 
the issue of hunting, fishing and gathering rights in the Minnesota 
ceded areas covered under the 1837 and 1854 treaties. The Federal 
Government has intervened in support of the bands.
    In a May 29, 1998, letter, the GLIFWC proposed off-reservation 
special migratory bird hunting regulations for the 1998-99 seasons. 
Details of the proposed regulations are shown below. In general, the 
proposal is essentially the same as the regulations approved for the 
1997-98 season.
    Results of the 1997-98 hunter survey show that 1,022 ducks and 183 
geese were harvested under an anticipated harvest of 3,000 ducks and 
900 geese. Under the proposed regulations, harvest is expected to be 
similar to last year and most likely would not exceed 3,000 ducks and 
900 geese.
    The Service believes that regulations advanced by the GLIFWC for 
the 1998-99 hunting season are biologically acceptable and recommends 
approval. If the regulations are finalized as proposed, the Service 
would request that the GLIFWC closely monitor the member band duck 
harvest and take any actions necessary to reduce harvest if locally 
nesting populations are being significantly impacted.
    The Commission and the Service are parties to a Memorandum of 
Agreement (MOA) designed to facilitate the ongoing enforcement of 
Service-approved tribal migratory bird regulations. Its intent is to 
provide long-term cooperative application.
    Also, as in recent seasons, the proposal contains references to 
Chapter 10 of the Migratory Bird Harvesting Regulations of the Model 
Off-Reservation Conservation Code. Chapter 10 regulations parallel 
State and Federal regulations and, in effect, are not changed by this 
proposal.
    The GLIFWC's proposed 1998-99 waterfowl hunting season regulations 
are as follows:
Ducks
A. Wisconsin and Minnesota 1837 and 1842 Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 20 ducks, including no more than 10 mallards (only 
5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2 
canvasbacks.
B. Michigan 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 10 ducks, including no more than 5 mallards (only 
2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1 
canvasback.
Mergansers
A. Wisconsin and Minnesota 1837 and 1842 Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 5 mergansers.
B. Michigan 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 5 mergansers, including no more than 1 hooded 
merganser.
Geese: Canada Geese
A. Wisconsin and Minnesota 1837 and 1842 Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or 
white-fronted geese taken.
B. Michigan, 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 1998. In 
addition, the same dates and season length permitted the State of 
Michigan during the Special September Canada goose Season.
    Daily Bag Limit: 10 Canada geese, minus the number of blue, snow or 
white-fronted geese taken. In addition, the same bag limit permitted 
the State of Michigan during the Special September Canada goose Season.
Geese: Blue, Snow and White-fronted Geese
A. Wisconsin and Minnesota 1837 and 1842 Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
B. Michigan 1836 and 1842 Treaty Zones
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 10 geese, minus the number of Canada geese taken.

[[Page 43858]]

Other Migratory Birds: All Ceded Areas
A. Coots and Common Moorhens (Common Gallinules)
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
B. Sora and Virginia Rails
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 25 sora and Virginia rails singly, or in the 
aggregate.
C. Common Snipe
    Season Dates: Begin September 15 and end December 1, 1998.
    Daily Bag Limit: 8 common snipe.
D. Woodcock
    Season Dates: Begin September 8 and end December 1, 1998.
    Daily Bag Limit: 5 woodcock.
General Conditions
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation and other 
conditions generally applicable to migratory bird hunting.
    3. Tribal members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above.
    Possession limits are applicable only to transportation and do not 
include birds which are cleaned, dressed, and at a member's primary 
residence. For purposes of enforcing bag and possession limits, all 
migratory birds in the possession or custody of tribal members on ceded 
lands will be considered to have been taken on those lands unless 
tagged by a tribal or State conservation warden as having been taken 
on-reservation. In Wisconsin, such tagging will comply with applicable 
State laws. All migratory birds which fall on reservation lands will 
not count as part of any off-reservation bag or possession limit.
    5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members 
hunting in Michigan and Minnesota will comply with tribal codes that 
contain provisions that parallel applicable State laws concerning duck 
blinds and/or decoys.

(g) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Non-Tribal Hunters)

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for tribal members and nonmembers since the 1986-87 hunting 
season. The tribe owns all lands on the reservation and has recognized 
full wildlife management authority. In general, the proposed seasons 
would be more conservative than allowed by the Federal frameworks of 
last season and by States in the Pacific Flyway.
    In a May 13, 1998, proposal, the tribe proposed a 1998-99 waterfowl 
season opening date of October 3 and a closing date of November 30, 
1998. Daily bag and possession limits would be the same as Pacific 
Flyway States. The tribe proposes a new, restrictive season on Canada 
geese with a 1-bird daily bag limit. Other regulations specific to the 
Pacific Flyway guidelines for New Mexico would be in effect.
    The Jicarilla Game and Fish Department's annual estimate of 
waterfowl harvest is relatively small. In the 1996-97 season, estimated 
duck harvest was 816, a significant decrease from 1,234 in 1996-97. The 
species composition in the past has included mainly mallards, gadwall, 
wigeon, and teal. Northern pintail comprised only 2 percent of the 
total harvest in 1997.
    The proposed regulations are essentially the same as were 
established last year, with the exception of an open season on Canada 
geese. The tribe anticipates the maximum 1998-99 waterfowl harvest 
would be around 1,000 to 1,400 ducks and 25 to 50 geese.
    The Service proposes to approve the tribe's requested 1998-99 
hunting seasons.

(h) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Non-Tribal Hunters)

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4,600 acres. The tribe owns 
all Reservation land and has full management authority. The Kalispel 
Tribe has a fully developed wildlife program with hunting and fishing 
codes. The tribe enjoys excellent wildlife management relations with 
the State. The tribe and the State have an operational Memorandum of 
Understanding with emphasis on fisheries but also for wildlife. The 
non-tribal member seasons described below pertain to a 176-acre 
waterfowl management unit. The tribe is utilizing this opportunity to 
rehabilitate an area that needs protection because of past land use 
practices, as well as to provide additional waterfowl hunting in the 
area.
    In 1996, for the first time, the requested regulations also 
included a proposal for Kalispel-member only migratory bird hunting on 
Kalispel-ceded lands within Washington, Montana, and Idaho.
    For the 1998-99 migratory bird hunting seasons, the Kalispel Tribe 
proposed, in a June 29, 1998, letter, tribal and non-tribal member 
waterfowl seasons. For non-tribal members, the tribe requests seasons 
which begin September 1, 1998 and end January 31, 1999. In that period, 
non-tribal hunters would be allowed to hunt on weekends, holidays and 
continuously in the month of December for a total of about 99 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. The tribe reports a 1997-98 non-tribal harvest 
of 6 ducks and 0 geese. Under the proposal, the tribe expects harvest 
to be similar to last year and less than 200 geese and 250 ducks.
    All other State and Federal regulations contained in 50 CFR part 
20, such as use of steel shot and possession of a signed migratory bird 
hunting stamp, would be required.
    For tribal members on Kalispel-ceded lands, the Kalispel proposes 
outside frameworks for ducks and geese of September 1, 1998, through 
January 31, 1999. However, during that period, the tribe proposes that 
the season run continuously. Daily bag and possession limits would be 
the same as those for the States of Washington and Idaho. The tribe 
reports that there was no 1997-98 tribal harvest. Under the proposal, 
the tribe expects harvest to be less than 250 geese and 250 ducks.
    Tribal members would be required to possess a signed Federal 
migratory bird stamp and a tribal ceded lands permit.
    The Service proposes to approve the regulations requested by the 
Kalispel Tribe provided that the non-tribal seasons conform to final 
Federal frameworks for the Pacific Flyway. For the 1998-99 season, 
outside Federal frameworks in the Pacific Flyway are October 3, 1998, 
through January 17, 1999 for ducks and geese.

[[Page 43859]]

(I) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing and gathering rights 
within its former reservation boundary. This area of former 
reservation, granted to the Klamaths by the Treaty of 1864, is over 1 
million acres. Tribal natural resource management authority is derived 
from the Treaty of 1864, and carried out cooperatively under the 
judicially enforced Consent Decree of 1981. The parties to this Consent 
Decree are the Federal Government, the State of Oregon and the 
Klamaths. The Klamath Indian Game Commission sets the seasons. The 
tribal biological staff and tribal Regulatory Enforcement Officers 
monitor tribal harvest by frequent bag checks and hunter interviews.
    In a July 14, 1998, letter, the Klamath Tribe proposed season dates 
that run from October 1, 1998, through January 31, 1999. Daily bag 
limits would be 9 for ducks and 6 for geese with possession limits 
twice the daily bag limit. The daily bag and possession limit for coots 
would be 25. Shooting hours would be one-half hour before sunrise to 
one-half hour after sunset.
    Based on the number of birds produced in the Klamath Basin, the 
tribe expects that this year's harvest will be similar to last year's. 
Information on tribal harvest suggests that more than 70 percent of the 
annual goose harvest is local birds produced in the Klamath basin.
    The Service proposes to approve the regulations of the Klamath 
Tribe.

(j) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Non-Tribal Hunters)

    The Lower Brule Sioux Tribe first established tribal migratory bird 
hunting regulations for the Lower Brule Reservation in 1994. The Lower 
Brule Reservation is about 214,000 acres in size and is located on and 
adjacent to the Missouri River, south of Pierre. Land ownership on the 
reservation is mixed, and until recently, the Lower Brule Tribe had 
full management authority over fish and wildlife via a MOA with the 
State of South Dakota. The MOA provided the tribe jurisdiction over 
fish and wildlife on reservation lands, including deeded and Corps of 
Engineers taken lands. However, the tribe is currently in litigation 
with the State of South Dakota regarding jurisdiction. A recent Federal 
District Court ruling and consequent Circuit Court decisions have 
jeopardized the Tribal/State Agreement that had been in place from 1986 
to 1996. At this time, the ruling is being appealed to the U.S. Supreme 
Court and a motion for a stay has been filed. For the 1998-99 season, 
the two parties have come to a tentative agreement and meetings between 
the Lower Brule Sioux Tribe and the South Dakota Department of Game, 
Fish and Parks are continuing. It is anticipated that an agreement will 
be established and management authority clarified to allow the public a 
clear understanding of the Lower Brule Sioux Wildlife Department 
license requirements and hunting season regulations. The Lower Brule 
Reservation waterfowl season is open to tribal and non-tribal hunters.
    For the 1998-99 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a duck and coot season length of 97 days, the same 
number of days tentatively allowed in the High Plains Management Unit 
for this season. The tribe's proposed season would run from October 3, 
1998, through January 7, 1999. The daily bag limit would be 6 birds, 
including no more than 5 mallards (only 1 of which may be a hen), 1 
pintail, 2 redheads, 2 wood ducks, 1 canvasback, 1 hooded merganser, 
and 1 mottled duck. The daily bag limit for coots would be 15. 
Possession limits would be twice the daily bag limits. The tribe also 
proposes a 2-day youth waterfowl weekend on September 26 and 27, 1998.
    The tribe's proposed dark goose season would run from October 17, 
1998, through January 10, 1999, with a daily bag limit of 3 dark geese, 
which may not include more than 1 white-fronted geese. The tribe's 
proposed light goose season would run from October 17, 1998, through 
January 10, 1999, and February 18 through March 10, 1999. The light 
goose daily bag limit would be 10. Possession limits would be twice the 
daily bag limits.
    The tribe also proposes a tundra swan season running from October 
17, 1998, to January 10, 1999 with a 1 tundra swan season bag limit.
    In the 1997-98 season, hunters harvested an estimated 2,504 geese 
and 609 ducks. In 1994, duck harvest species composition was primarily 
mallard (57 percent), gadwall (10 percent), and green-winged teal (10 
percent). Goose harvest is traditionally, 98 percent Canada geese.
    The tribe anticipates a duck harvest similar to last year, a goose 
harvest similar to the target harvest level of 3,000 to 4,000 geese, 
and 3 to 5 tundra swans if its 1998-99 regulations are approved. All 
basic Federal regulations contained in 50 CFR part 20, including the 
use of steel shot, Migratory Waterfowl Hunting and Conservation Stamp, 
etc., would be observed by the tribe's proposed regulations. In 
addition, the Lower Brule Sioux Tribe has an official Conservation Code 
that was established by Tribal Council Resolution on June 1982 and 
updated in 1996.
    The Service proposes to approve the tribe's proposed regulations 
for the Lower Brule Reservation with two exceptions. First, Federal 
frameworks for tundra swan hunting in South Dakota do not allow tundra 
swan seasons west of the Missouri River because of concerns for the 
potential harvest of trumpeter swans. Thus, the Service cannot approve 
the tribe's requested tundra swan season. Second, the July 17, 1998, 
(63 FR 38700) proposed early-season frameworks provided for a 1-day 
special youth waterfowl hunt. Any special youth waterfowl hunt for non-
tribal members should conform to the final Federal frameworks to be 
published in late August.

(k) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Non-Tribal Hunters)

    Since 1985, the Service has established uniform migratory bird 
hunting regulations for tribal members and nonmembers on the Navajo 
Indian Reservation (in parts of Arizona, New Mexico, and Utah). The 
nation owns almost all lands on the reservation and has full wildlife 
management authority.
    In a July 20, 1998, communication, the tribe proposed special 
migratory bird hunting regulations on the reservation for both tribal 
and non-tribal members for the 1998-99 hunting season for ducks 
(including mergansers), Canada geese, coots, band-tailed pigeons, and 
mourning doves. For waterfowl, the Navajo Nation requests the earliest 
opening dates and longest seasons, and the same daily bag and 
possession limits, permitted Pacific Flyway States under final Federal 
frameworks.
    For both mourning dove and band-tailed pigeons, the Navajo Nation 
proposes seasons of September 1 through 30. The Navajo Nation also 
proposes daily bag limits of 10 and 5 for mourning dove and band-tailed 
pigeon, respectively. Possession limits would be twice the daily bag 
limits.
    In addition, the nation proposes to require tribal members and non-
members to comply with all basic Federal migratory bird hunting 
regulations in 50 CFR part 20 pertaining to shooting hours and manner 
of taking. In addition, each waterfowl hunter 16

[[Page 43860]]

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 1998-99 migratory bird hunting seasons.

(l) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only)

    Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the 
Service have cooperated to establish uniform regulations for migratory 
bird hunting by tribal and non-tribal hunters within the original 
Oneida Reservation boundaries. Since 1985, the Oneida Tribe's 
Conservation Department has enforced their own hunting regulations 
within those original reservation limits. The Oneida Tribe also has a 
good working relationship with the State of Wisconsin and the majority 
of the seasons and limits are the same for the tribe and Wisconsin.
    In a May 19, 1998, letter to the Service, the tribe proposed 
special migratory bird hunting regulations. For ducks, the tribe 
described the general ``outside dates'' as being September 19 through 
November 15, 1998, inclusive. The tribe proposes a daily bag limit of 6 
birds, which could include no more than 4 mallards (1 hen mallard), 5 
wood ducks, 1 canvasback, 1 redhead, 2 pintails, and 1 hooded 
merganser.
    For geese, the tribe recommends a season between September 1 and 
December 31, 1998, with a Canada goose bag limit of 3 tribally-tagged 
geese per day. The tribe will reissue 3 tags when 3 birds are 
registered. The possession limit for Canada geese is 6. The tribe will 
also close the season during the gun deer season of November 21 to 29, 
1998. If a quota of 150 geese is attained before the season concludes, 
the tribe will recommend closing the season early.
    For woodcock, the tribe proposes a season between September 1 and 
November 15, 1998, with a daily bag and possession limit of 5 and 10, 
respectively.
    The tribe proposes shooting hours be one-half hour before sunrise 
to sunset. Tribal members and non-tribal members hunting on the 
Reservation or on lands under the jurisdiction of the tribe will 
observe all basic Federal migratory bird hunting regulations found in 
50 CFR, with the following exceptions: Indian hunters would be exempt 
from the purchase of the Migratory Waterfowl Hunting and Conservation 
Stamp (Duck Stamp); and shotgun capacity would not be limited to 3 
shells.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Oneida Tribe of Indians of Wisconsin. 
The Service again notes that the Oneida tribe has traditionally delayed 
the opening of their duck season to September 15 to avoid possible 
significant impacts on local nesting duck populations and commends the 
tribe for these conservation efforts.

(m) Point No Point Treaty Tribes, Kingston, Washington (Tribal Members 
Only)

    For the first time in 1996, the Service and the Point No Point 
Treaty Tribes, consisting of the Skokomish, Port Gamble S'klallam, 
Jamestown S'klallam, and Elwha S'klallam tribes, cooperated to 
establish special regulations for migratory bird hunting. The four 
tribes have reservations located on the Olympic Peninsula in 
Washington. All four tribes have successfully administered tribal 
hunting regulations since 1985 and each tribe has a comprehensive 
hunting ordinance.
    The tribes' July 20, 1998, proposal requests seasons for ducks, 
geese, brant, coots, snipe, and mourning doves. For ducks, coots, geese 
(including brant), and snipe, the tribes request a September 15, 1998, 
to January 15, 1999, season with a daily bag limit of 7 ducks, 25 
coots, 4 geese (including no more than 2 brant or 3 light geese), and 8 
snipe. The duck daily bag limit would include mergansers and could 
include no more than 2 hen mallards, 3 pintails, 1 canvasback, and 2 
redheads. The season is closed on harlequin ducks and Aleutian Canada 
geese. All possession limits would be twice the daily bag limit. For 
mourning doves, the tribes propose a September 1 to September 30, 1998, 
season with a daily bag limit of 10.
    Tribal harvest last year under similar regulations was 
approximately 110 ducks, 25 geese and 20 coots. The Service proposes to 
approve the Point No Point Treaty Tribes requested 1998-99 regulations.

(n) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho (Non-Tribal Hunters)

    Almost all of the Fort Hall Indian Reservation is tribally-owned. 
The tribes claim full wildlife management authority throughout the 
reservation, but the Idaho Fish and Game Department has disputed tribal 
jurisdiction, especially for hunting by non-tribal members on 
reservation lands owned by non-Indians. As a compromise, since 1985, 
the Service has established the same waterfowl hunting regulations on 
the reservation and in a surrounding off-reservation State zone. The 
regulations were requested by the tribes and provided for different 
season dates than in the remainder of the State. The Service agreed to 
the season dates because they seemed to provide additional protection 
to mallards and pintails. The State of Idaho concurred with the zoning 
arrangement. The Service has no objection to the State's use of this 
zone again in the 1998-99 hunting season, provided the duck and goose 
hunting season dates are the same as on the reservation.
    In a July 29, 1998, proposal for the 1998-99 hunting season, the 
Shoshone-Bannock Tribes requested a continuous duck (including 
mergansers) season with the maximum number of days and the same daily 
bag and possession limits permitted Pacific Flyway States, under final 
Federal frameworks. The tribes propose that, if the same number of 
hunting days are permitted as last year, the season would have an 
opening date of October 4, 1998, and a closing date of January 11, 
1999. Coot and snipe season dates would be the same as for ducks, with 
the same daily bag and possession limits permitted Pacific Flyway 
States. The tribes anticipate harvest will be between 2,000 and 5,000 
ducks.
    The tribes also requested a continuous goose season with the 
maximum number of days and the same daily bag and possession limits 
permitted Idaho under Federal frameworks. The tribes propose that, if 
the same number of hunting days are permitted as in previous years, the 
season would have an opening date of October 4, 1998, and a closing 
date of January 11, 1999. The tribes anticipate harvest will be between 
4,000 and 6,000 geese.
    Non-tribal hunters must comply with all basic Federal migratory 
bird hunting regulations in 50 CFR part 20, pertaining to shooting 
hours, use of steel shot, and manner of taking. Special regulations 
established by the Shoshone-Bannock Tribes also apply on the 
reservation.
    The Service notes that the requested regulations are nearly 
identical to those of last year and proposes they be approved for the 
1998-99 hunting season.

(o) Squaxin Island Tribe, Squaxin Island Reservation, Shelton, 
Washington (Tribal Members Only)

    The Squaxin Island Tribe of Washington and the Service have 
cooperated since 1995 to establish special tribal migratory bird 
hunting

[[Page 43861]]

regulations. These special regulations would apply to tribal members on 
the Squaxin Island Reservation, located in western Washington near 
Olympia, and all lands within the traditional hunting grounds of the 
Squaxin Island Tribe.
    For the 1998-99 season, the tribe proposes establishing duck, coot, 
and snipe seasons that would run from September 15, 1998, through 
January 15, 1999. The daily bag limit for ducks would be 5 per day and 
could include only 1 canvasback. The season on harlequin ducks would be 
closed. For coots and snipe, the daily bag limit would be 25 and 8, 
respectively.
    For geese, the tribe proposes establishing a season that would run 
from September 15, 1998, through January 15, 1999. The daily bag limit 
for geese would be 4 per day and could include only 2 snow geese and 1 
dusky Canada goose. The season on Aleutian and Cackling Canada geese 
would be closed.
    For brant, the tribe proposes establishing a September 15 to 
December 31, 1998, season with a daily bag limits of 2 birds per day. 
The tribe also proposes a September 15 to December 1, 1998, season for 
band-tailed pigeons with a daily bag limit of 2 per day.
    In all cases, the possession limit would be twice the daily bag 
limit. Shooting hours would be from one-half hour before sunrise to 
one-half hour after sunset and steel shot would be required for 
migratory bird hunting. Further, the tribe requires all harvest be 
reported to their Natural Resources Office within 72 hours.
    In 1995, the tribe reported that there was no harvest of any 
species. Tribal regulations are enforced by the tribe's Law Enforcement 
Department. The Service proposes to approve the Squaxin Island Tribe's 
requested 1998-99 special migratory bird hunting regulations.

(p) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only)

    In 1996, the Service and the Swinomish Indian Tribal Community 
began cooperating to establish special regulations for migratory bird 
hunting. The Swinomish Indian Tribal Community is a federally 
recognized Indian tribe consisting of the Suiattle, Skagit, and 
Kikialos tribes. The Swinomish Reservation was established by the Point 
Elliott Treaty of 1855 and lies in the Puget Sound area north of 
Seattle, Washington.
    The Tribal Community proposes an off-reservation duck, merganser, 
Canada goose, brant, and coot season opening on the earliest possible 
date allowed by the final Federal frameworks for the Pacific Flyway and 
closing 30 days after the State of Washington closes. Daily bag and 
possession limits would be the same as those allowed by the State 
except that the Swinomish request an additional three birds of each 
species over that allowed by the State.
    The Community anticipates that the proposed regulations will result 
in the harvest of approximately 200 to 300 ducks, 25 to 50 Canada 
geese, 75 mergansers, 100 brant, and 50 coot. The Swinomish propose a 
tag and permit system to monitor harvest and will implement steps to 
limit harvest where conservation is needed. All tribal regulations will 
be enforced by tribal fish and game officers.
    On reservation, the Tribal Community proposes a hunting season for 
the above mentioned species beginning on the earliest possible opening 
date and closing March 9, 1999. The Swinomish propose to manage harvest 
by a tagging system and anticipate harvest will be similar to that 
expected off reservation.
    The Service believes the estimated harvest by the Swinomish will be 
minimal and will not adversely effect migratory bird populations. The 
Service proposes to approve the Tribal Community's proposed regulations 
for the 1998-99 season.

(q) The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members and Non-Tribal Hunters)

    The Tulalip Tribes are the successors in interest to the 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 July 22, 1998, letter, the Tulalip Tribes proposed tribal and 
non-tribal hunting regulations for the 1998-99 seasons. For ducks and 
coot, the proposed season for tribal members would be from September 
15, 1998, through February 1, 1999. In the case of non-tribal hunters 
hunting on the reservation, the season would be the latest closing date 
and the longest period of time allowed for the State of Washington 
under final Pacific Flyway Federal frameworks. Daily bag and possession 
limits for Tulalip Tribal members would be 6 and 12 ducks, 
respectively, except that for blue-winged teal, canvasback, harlequin, 
pintail, and wood duck, the bag and possession limits would be the same 
as those established for the State of Washington in accordance with 
final Federal frameworks. For non-tribal hunters, bag and possession 
limits would be the same as those permitted the State of Washington 
under final Federal frameworks. Non-tribal members should check with 
the Tulalip tribal authorities regarding additional conservation 
measures which may apply to specific species managed within the region.
    For geese, tribal members are proposed to be allowed to hunt from 
September 15, 1998, through February 1, 1999. Non-tribal hunters would 
be allowed the longest season and the latest closing date permitted for 
the State of Washington under final Federal frameworks. For tribal 
hunters, the goose daily bag and possession limits would be 6 and 12, 
respectively, except that the bag limits for brant, cackling Canada 
geese and dusky Canada geese would be those established for the Pacific 
Flyway in accordance with final Federal frameworks. For non-tribal 
hunters hunting on reservation lands, the daily bag and possession 
limits would be those established in accordance with final Federal 
frameworks for the State of Washington. The Tulalip Tribes also set a 
maximum annual bag limit on ducks and geese for those tribal members 
who engage in subsistence hunting.
    All hunters on Tulalip Tribal lands are required to adhere to 
shooting hour regulations set at one-half hour before sunrise to 
sunset, special tribal permit requirements, and a number of other 
tribal regulations enforced by the tribe. Non-tribal hunters sixteen 
years of age and older, hunting pursuant to Tulalip Tribes' Ordinance 
No. 67, must possess a valid Federal Migratory Bird Hunting and 
Conservation Stamp and a valid State of Washington Migratory Waterfowl 
Stamp. Both stamps must be validated by signing across the face.
    Although the season length requested by the Tulalip Tribes appears 
to be quite liberal, harvest information indicates a total take by 
tribal and non-tribal hunters under 1,000 ducks and 500 geese, 
annually. The Service proposes approval of the Tulalip Tribes request 
for the above seasons. The Service requests that harvest be monitored 
closely and regulations be reevaluated for future years if harvest 
becomes too great in relation to population numbers.

[[Page 43862]]

(r) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Non-Tribal Hunters)

    The White Mountain Apache Tribe owns all reservation lands, and the 
tribe has recognized full wildlife management authority. The White 
Mountain Apache Tribe has requested regulations that are essentially 
unchanged from those agreed to for the 1997-98 hunting year.
    The hunting zone for waterfowl is 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. Tanks located below the 
Mogollon Rim, within Wildlife Management Units 2 and 3 will be open to 
waterfowl hunting during the 1998-99 season. All other waters of the 
reservation would be closed to waterfowl hunting for the 1998-99 
season.
    For non-tribal and tribal hunters, the tribe proposes a continuous 
duck, coot, merganser, gallinule and moorhen hunting season, with an 
opening date of October 24, 1998, and a closing date of January 17, 
1999. The tribe proposes a daily duck (including mergansers) bag limit 
of 4, which may include no more than 2 redheads or 1 canvasback and 1 
redhead, 1 pintail, and 3 mallards (including no more than 1 hen 
mallard). The daily bag limit for coots, gallinules and moorhens would 
be 25 singly, or in the aggregate.
    For geese, the season is proposing a season from October 24, 1998, 
through January 17, 1999. Hunting would be limited to Canada geese, and 
the daily bag limit would be 2.
    Season dates for band-tailed pigeons and mourning doves would run 
concurrently from September 1 through September 10, 1998, in Wildlife 
Management Units 7 and 10, only. Proposed daily bag limits for band-
tailed pigeons and mourning doves would be 3 and 8, respectively.
    Possession limits for the above species are twice the daily bag 
limits. Shooting hours would be from one-half hour before sunrise to 
sunset. There would be no open season for sandhill cranes, rails and 
snipe on the White Mountain Apache lands under this proposal. A number 
of special regulations apply to tribal and non-tribal hunters, which 
may be obtained from the White Mountain Apache Tribe Game and Fish 
Department.
    The Service proposes to approve the regulations requested by the 
tribe for the 1998-99 seasons.

(s) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Non-
Tribal Hunters)

    On May 18, 1998, the Yankton Sioux Tribe submitted a waterfowl 
hunting proposal for the 1998-99 season. The Yankton Sioux tribal 
waterfowl hunting season would be open to both tribal members and non-
tribal hunters. The waterfowl hunting regulations would apply to tribal 
and trust lands within the external boundaries of the reservation.
    For duck (including mergansers) and coots, the Yankton Sioux Tribe 
proposes a season starting October 17, 1998, and running for the 
maximum amount of days allowed under the final Federal frameworks. 
Daily bag and possession limits would be the same as those adopted by 
the State of South Dakota.
    For geese, the tribe has requested a dark geese (Canada geese, 
brant, white-fronts) season starting October 31, 1998, and ending 
January 31, 1999. The daily bag limit would be 3 geese (including no 
more than 1 whitefront or brant). Possession limits would be twice the 
daily bag limit. For snow geese, the proposed hunting season would 
start October 31, 1998, and end January 24, 1999. Daily bag and 
possession limits would be the same as those adopted by the State of 
South Dakota.
    All hunters would have to be in possession of a valid tribal 
license while hunting on Yankton Sioux trust lands. Tribal and non-
tribal hunters must comply with all basic Federal migratory bird 
hunting regulations in 50 CFR part 20, pertaining to shooting hours and 
the manner of taking. Special regulations established by the Yankton 
Sioux Tribe also apply on the reservation.
    During the 1997-98 hunting season, the tribe reported that 54 non-
tribal hunters took 225 Canada geese, 30 snow geese, and 60 ducks. 
Tribal members harvested less than 75 geese and 50 ducks.
    The Service concurs with the Yankton Sioux proposal for the 1998-99 
hunting season.

Public Comment Invited

    The Service intends that adopted final rules be as responsive as 
possible to all concerned interests and wants to obtain comments from 
all interested areas of the public, as well as other government 
agencies. Such comments, and any additional information received, may 
lead to final regulations that differ from these proposals. However, 
special circumstances involved in the establishment of these 
regulations limit the amount of time the Service can allow for public 
comment. Specifically, two considerations compress the time in which 
the rulemaking process must operate: the need to establish final rules 
before September 1, 1998, and the unavailability until late July of 
specific reliable data for each year's status of waterfowl. Therefore, 
the Service believes allowing comment periods past the dates specified 
is contrary to the public interest.
    E.O. 12866 requires each agency to write regulations that are easy 
to understand. The Service invites comments on how to make this rule 
easier to understand, including answers to questions such as the 
following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (5) Is the description of the rule in 
the ``Supplementary Information'' section of the preamble helpful in 
understanding the proposed rule? What else could the Service do to make 
the rule easier to understand?
    Send a copy of any comments that concern how this rule could be 
made easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, D.C. 20240. 
Comments may also be e-mailed to: E[email protected]

Comment Procedure

    It is the policy of the Department of the Interior to afford the 
public an opportunity to participate in the rulemaking process, 
whenever practical. Accordingly, interested persons may participate by 
submitting written comments to the Chief, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Department of the Interior, 
ms 634-ARLSQ, 1849 C Street, NW., Washington, D.C. 20240. The public 
may inspect comments during normal business hours at the Service's 
office in Room 634, Arlington Square Building, 4401 N. Fairfax Drive, 
Arlington, VA. The Service will consider all comments received and will 
try to acknowledge received comments, but may not provide an individual 
response to each commenter.

Public Comments Received

    The Service received two comments regarding the Notice of Intent 
published

[[Page 43863]]

on March 20, 1998, which announced rulemaking on regulations for 
migratory bird hunting by American Indian tribal members. The South 
Dakota Department of Game, Fish, and Parks (South Dakota) commented on 
the proposal by the Lower Brule Sioux Tribes. South Dakota questioned 
whether a tundra swan permit would be required or whether all licensed 
waterfowl hunters would be allowed to take a swan during the Tribes' 
proposed tundra swan season. They further questioned whether hunters 
would be queried after the season to determine the harvest, age ratio, 
date and location of kill, and unretrieved kill. South Dakota also 
believed that any special youth season on tribal land should conform to 
the same framework allowed for the State's youth hunting season.
    The Wisconsin Department of Natural Resources (Wisconsin) commented 
on the GLIFWC's proposal. Wisconsin suggested monitoring the impact of 
the daily bag limit on giant Canada goose restoration efforts and that 
the Service and GLIFWC initiate and complete studies to show that 
current GLIFWC duck regulations have no negative impact on local 
populations before expanding hunting opportunities during time periods 
when local birds are most vulnerable. Wisconsin also requested that 
tribal members honor the noon opening for shooting hours for the first 
day of the State's duck season and comply with the State's open water 
hunting restrictions.

NEPA Consideration

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

Endangered Species Act Considerations

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

Regulatory Flexibility Act

    In the March 20, 1998, Federal Register, the Service reported 
measures it took to comply with requirements of the Regulatory 
Flexibility Act. One measure was to prepare a Small Entity Flexibility 
Analysis (Analysis) in 1996 documenting the significant beneficial 
economic effect on a substantial number of small entities. The Analysis 
estimated that migratory bird hunters would spend between $254 and $592 
million at small businesses. Copies of the Analysis are available upon 
request from the Office of Migratory Bird Management. The Service is 
currently updating the 1996 Analysis with information from the 1996 
National Hunting and Fishing Survey.

Executive Order (E.O.) 12866

    This proposed rule is not economically significant and was not 
subject to review by the Office of Management and Budget (OMB) under 
E.O. 12866.

Paperwork Reduction Act

    The Service examined these proposed regulations under the Paperwork 
Reduction Act of 1995 and found no information collection requirements. 
The various recordkeeping and reporting requirements imposed under 
other hunting regulations established in 50 CFR part 20, subpart K, are 
utilized in the formulation of migratory game bird hunting regulations. 
OMB has approved these information collection requirements and assigned 
clearance numbers 1018-0015 (expires 08/31/1998) and 1018-0023 (expires 
09/30/2000). The Service may not conduct or sponsor, and a person is 
not required to respond to a collection of information unless it 
displays a currently valid OMB control number.

Unfunded Mandates Reform Act

    The Service has determined and certifies in compliance with the 
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that 
this proposed rulemaking will not impose a cost of $100 million or more 
in any given year on local or State government or private entities.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that these regulations meet the applicable standards provided in 
Sections 3(a) and 3(b)(2) of Executive Order 12988.

Taking Implication Assessment

    In accordance with Executive Order 12630, these rules, authorized 
by the Migratory Bird Treaty Act, do not have significant takings 
implications and do not affect any constitutionally protected property 
rights. These rules will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
privileges that would be otherwise unavailable; and, therefore, reduce 
restrictions on the use of private and public property.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal government has been given responsibility over these species by 
the Migratory Bird Treaty Act. The Service annually prescribes 
frameworks from which the States make selections and employ guidelines 
to establish special regulations on Federal Indian reservations and 
ceded lands. This process preserves the ability of the States and 
Tribes to determine which seasons meet their individual needs. Any 
State or Tribe may be more

[[Page 43864]]

restrictive than the Federal frameworks at any time. The frameworks are 
developed in a cooperative process with the States and the Flyway 
Councils. This allows States to participate in the development of 
frameworks from which they will make selections, thereby having an 
influence on their own regulation. These rules do not have a 
substantial direct effect on fiscal capacity, change the roles or 
responsibilities of Federal or State governments, or intrude on State 
policy or administration. Therefore, in accordance with Executive Order 
12612, these regulations do not have significant federalism effects and 
do not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

    Due to the migratory nature of certain species of birds, the 
Federal government has been given responsibility over these species by 
the Migratory Bird Treaty Act. Thus, in accordance with the President's 
memorandum of April 29, 1994, ``Government-to-Government Relations with 
Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we 
have evaluated possible effects on Federally recognized Indian tribes 
and have determined that there are no effects on Indian trust 
resources. However, by virtue of the tribal proposals contained in this 
proposed rule, we have consulted with all the tribes affected by this 
rule.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.
    Based on the results of soon to be completed migratory game bird 
studies, and having due consideration for any data or views submitted 
by interested parties, this proposed rulemaking may result in the 
adoption of special hunting regulations for migratory birds beginning 
as early as September 1, 1998, on certain Federal Indian reservations, 
off-reservation trust lands, and ceded lands. Taking into account both 
reserved hunting rights and the degree to which tribes have full 
wildlife management authority, the regulations only for tribal members 
or for both tribal and non-tribal members may differ from those 
established by States in which the 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 1998-99 
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 7, 1998.
Stephen C. Saunders,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-21936 Filed 8-13-98; 8:45 am]
BILLING CODE 4310-55-P