[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Proposed Rules]
[Pages 44384-44395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20963]
[[Page 44383]]
_______________________________________________________________________
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 1999-2000
Season; Proposed Rule
Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 /
Proposed Rules
[[Page 44384]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AF24
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 1999-2000 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we)
proposes special migratory bird hunting regulations for certain tribes
on Federal Indian reservations, off-reservation trust lands, and ceded
lands for the 1999-2000 migratory bird hunting season.
DATES: To comment on these proposed regulations, you must do so by
August 23, 1999.
ADDRESSES: Send your comments to: Chief, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, ms 634-ARLSQ, 1849 C St.,
NW., Washington, DC 20240. You may inspect comments during normal
business hours in Room 634--Arlington Square Building, 4401 N. Fairfax
Drive, Arlington, VA.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, (703/358-1714).
SUPPLEMENTARY INFORMATION: In the May 3, 1999, Federal Register (64 FR
23742), we requested proposals from Indian tribes wishing to establish
special migratory bird hunting regulations for the 1999-2000 hunting
season, under the guidelines described in the June 4, 1985, Federal
Register (50 FR 23467). We 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, we encourage the tribes and States to reach agreement on
regulations that would apply throughout the reservations. When
appropriate, we will consult with a tribe and State with the aim of
facilitating an accord. We 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, we
provide the following clarification. We routinely provide copies of
Federal Register publications to all State Directors, tribes and others
interested parties. It is the responsibility of the States, tribes and
others to notify us of any concern regarding any feature(s) of any
regulations. When we receive such notification, we will initiate
consultation.
Our 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. We do 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, we 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. We 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.
We may modify or establish regulations experimentally, after
evaluation and confirmation of harvest information obtained by the
tribes.
We believe 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, we note that they have been employed
successfully since 1985. We believe 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 44385]]
Population Status
May Breeding Waterfowl and Habitat Survey
In the Western or Traditional survey area, breeding habitat
conditions were generally good to excellent, and overall better than
conditions in 1998. An early warm spring and plenty of precipitation
resulted in abundant ponds and excellent nesting cover in most of the
Dakotas, northern Saskatchewan, the Northwest Territories, and western
Ontario. The exceptions to these good conditions were southern and
central Alberta, central Saskatchewan, and western Montana, where a dry
early spring limited nesting habitat; and Alaska, where spring was as
much as 2 weeks late. The estimated number of May ponds in the
traditional survey area (6.7 million) was 46% greater than that of
1998, and 37% greater than the 1974-98 average. Overall, the
traditional survey area was in good to excellent condition this spring
and good to excellent waterfowl production is expected this year.
An expanded area of Eastern habitat conditions was included this
year in the East. Although these additional areas have been surveyed
since 1996, information from them is included this year for the first
time. Unlike the Western survey area, habitat conditions in the east
were generally poorer this year than last year. Much of the eastern
survey area was relatively dry, especially Maine, the Maritimes,
southern Quebec, and southern Ontario. Conditions resulted in few
temporary ponds and low water levels in permanent water bodies. The
northern portions of the east were in good to excellent condition, but
lack of brood rearing habitat is expected to also limit production from
this area. Overall, the eastern survey area was in fair to good
condition, with fair to good production expected this year.
The 1999 total duck population estimate for the traditional survey
area was 43.4 million birds, an increase of 11% over that of 1998, and
32% higher than the 1955-98 average. Mallard abundance was 10.8
million, an increase of 12% over last year and 47% greater than the
long term average. Blue-winged teal abundance was 7.1 million, similar
to 1998, but 65% greater than the long term average. Northern pintail
(3.0, +21%), scaup (4.4 million, +27%), green-winged teal (2.6, +26%),
and northern shoveler (3.9 million, +22%) increased from 1998
estimates. Gadwall (3.2 million, +110%), green-winged teal (+51%),
northern shoveler (+95%), redheads (0.9 million, +60%), and canvasbacks
(0.7 million, +29%) were above their respective long term averages,
while pintails (-30%) and scaup (-18%) were below their long term
averages. In the eastern areas of Canada and the U.S., the total number
of ducks (1.3 million) remained unchanged from last year and the 1995-
98 average. Abundances of individual species in the east were similar
to those of last year, except for increased estimates of goldeneye
(+196%). Goldeneye was above it's long term average (+287%), while
blue-winged teal (-95%) and scaup (-90%) were below theirs.
Sandhill Cranes
The Mid-Continent Population of Sandhill Cranes appears to have
stabilized following dramatic increases in the early 1980's. The
Central Platte River Valley 1999 preliminary spring index, uncorrected
for visibility, was 222,500. The photo-corrected 3-year average for the
1996-98 period was 477,911, which was 3% above the established
population-objective range of 343,000-465,000 cranes. All Central
Flyway States, except Nebraska, elected to allow crane hunting in
portions of their respective States in 1998-99. About 8,700 hunters
participated in these seasons, which was 8% higher than the previous
year's seasons. About 21,849 cranes were harvested in 1998-99 in the
Central Flyway, a 5% increase from the previous year's high estimate.
Harvests from Pacific Flyway, Canada and Mexico are estimated to be
about 13,700 for 1998-99 sport-hunting seasons. The total North
American sport harvest, including crippling losses, was estimated to be
about 41,414 for the Mid-Continent Population.
The fall 1998 pre-migration survey estimate for the Rocky Mountain
Population was 18,202, which is similar to the 1997 estimate. Limited
special seasons were held during 1998 in portions of Arizona, Idaho,
Montana, New Mexico, Utah, and Wyoming, resulting in an estimated
harvest of 538 cranes.
Woodcock
Wing-collection and Singing-ground surveys were conducted to assess
the population status of the American woodcock (Scolopax minor). The
1998 recruitment index for the Eastern Region (1.7 immatures per adult
female) equaled the long-term regional average; the recruitment index
for the Central Region (1.6 immatures per adult female) was 6% below
the long-term regional average. The index of daily hunting success in
the Eastern Region increased from 1.8 woodcock per successful hunt in
1997 to 1.9 woodcock per successful hunt in 1998, but seasonal hunting
success declined 4%, from 6.9 to 6.6 woodcock per successful hunter in
1997 and 1998, respectively. In the Central Region, the daily success
index in 1998 was unchanged from the 1997 index (2.1 woodcock per
successful hunt) but the seasonal success index increased from 10.0 to
11.0 (10%) woodcock per successful hunter. Singing-ground Survey data
indicated that the number of displaying woodcock in the Eastern Region
was unchanged (P>0.1) from 1998 levels. In the Central Region, there
was a 13.4% decrease in the number of woodcock heard displaying
(P<0.01) compared to 1998 levels. Trends from the Singing-ground Survey
during 1989-99 were negative (-3.3 and -3.7% per year for the Eastern
and Central regions, respectively; P<0.01). There were long-term (1968-
99) declines (P<0.01) of 2.4% per year in the Eastern Region and 1.6%
per year in the Central Region.
Doves and Band-tailed Pigeons
Analyses of Mourning Dove Call-count Survey data indicated
significant declines in doves heard over the most recent 10 years and
the entire 34 years of the survey in all 3 management units. White-
winged doves in Arizona are maintaining a fairly stable population
since the late 1970's. A low harvest is being maintained compared with
birds taken several decades ago. In Texas, the phenomenon of the white-
winged dove range expansion continues. Birds are now seen in most large
cities in north and central Texas. White-tipped doves in Texas are
maintaining their population with a relatively low harvest level. For
band-tailed pigeons, the Coastal population continues to show a
significant decline as indicated by the Breeding Bird Survey (BBS) for
the 10 and 32-year periods. In contrast, mineral spring counts at 10
selected sites in Oregon indicate an overall stable population in the
state with an increasing trend since 1986. Call-count survey results in
Washington show no significant trends in the bandtail population
between 1975-98. Washington has not opted to select a hunting season
for band-tail pigeons since 1991. The harvest of coastal pigeons is
estimated to be less than 20,000 birds out of a population of about 3
million. The Interior band-tailed pigeon population is stable with no
trend indicated by the BBS over the short or long-term time periods.
Harvest is less than 1,000 birds.
[[Page 44386]]
Hunting Season Proposals From Indian Tribes and Organizations
For the 1999-2000 hunting season, we received requests from twenty-
three tribes and Indian organizations appropriate for Federal Register
publication. We actively solicit regulatory proposals from other tribal
groups that are interested in working cooperatively for the benefit of
waterfowl and other migratory game birds. We encourage 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 1999 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 1999 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 22, 1999 (64 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. We 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 1999-2000 proposal, dated June 17, 1999, the Colorado
River Indian Tribes requested split dove seasons. They propose their
early season begin September 1 and end September 15, 1999. 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 19, 1999, and close January 3, 2000. 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 in the early season and until sunset in the late season. Other
special tribally set regulations would apply.
The tribes also propose duck hunting seasons. The season would
likely open October 2, 1999, or on a Saturday and run for the maximum
number of days allowed under the Pacific Flyway frameworks. 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 20, 1999,
through January 16, 2000. The daily bag and possession limits for geese
would be 4, but could include no more than 3 light geese or 2 dark
geese.
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, we
and the tribes 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.
We propose to approve the Colorado River Indian Tribes regulations
for the 1999-2000 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 in a June 8, 1999, 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.
We propose to approve the tribes' request for special migratory
bird regulations for the 1999-2000 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 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
[[Page 44387]]
bird hunting regulations contained in 50 CFR part 20.
In their 1999 proposal, the tribe requested a duck and merganser
season of October 9 to December 21, 1999, with a daily bag limit of 6
ducks, including no more that 5 mallards (1 hen mallard), 1 canvasback,
2 redheads, 2 wood ducks, 2 scaup, and 1 pintail. The merganser daily
bag limit would be 5 and include no more than 1 hooded merganser. For
Canada geese, the tribe proposes an October 9, 1999, to January 9,
2000, season with a 3 bird daily bag limit. For white-fronted geese,
the tribe proposes an October 2 to December 12, 1999, season with a
daily bag limit of 2. For snow geese, the tribe proposes an October 2
to December 25, 1999, and February 19 to March 10, 2000, season with a
daily bag limit of 20. Similar to last year, the tribe also requests a
sandhill crane season from September 18 to October 24, 1999, with a
daily bag limit of 3. In all cases, except snow geese, the possession
limits would be twice the daily bag limit. There would be no possession
limit for snow geese. Shooting hours would be from one-half hour before
sunrise to sunset.
The season and bag limits would be essentially the same as last
year and as such the tribe expects similar harvest. 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.
We propose to approve the tribe's requested seasons. We also remind
the tribe that all sandhill crane hunters are required to obtain a
Federal sandhill crane permit. As such, the tribe should contact us for
further information on obtaining the needed permits. In addition, as
with all other groups, we request 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 June 4, 1999, proposal covers land set apart for the band under
the Treaty of 1854 in northeast Minnesota.
The band's proposal for 1999-2000 is essentially the same as that
approved last year. Specifically, the Fond du Lac Band proposes a
September 11 to November 23, 1999, season on ducks, mergansers, coots
and moorhens, and a September 1 to November 28, 1999, season for geese.
For sora and Virginia rails, snipe, and woodcock, the Fond du Lac Band
proposes a September 1 to November 28, 1999, season. Proposed daily bag
limits would consist of the following:
Ducks: 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: 5 mergansers, including no more than 1 hooded
merganser.
Geese: 10 geese.
Coots and Common Moorhens (Common Gallinules): 20 coots and common
moorhens, singly or in the aggregate.
Sora and Virginia Rails: 25 sora and Virginia rails singly, or in
the aggregate.
Common Snipe: 8 common snipe.
Woodcock: 3 woodcock.
The following general conditions apply:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid tribal waterfowl hunting permit.
2. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
provisions of Chapter 10 of the Model Off-Reservation Code. Except as
modified by the Service rules adopted in response to this proposal,
these amended regulations parallel Federal requirements in 50 CFR part
20 as to hunting methods, transportation, sale, exportation and other
conditions generally applicable to migratory bird hunting.
3. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
4. Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit, unless otherwise noted above.
Possession limits are applicable only to transportation and do not
include birds which are cleaned, dressed, and at a member's primary
residence. For purposes of enforcing bag and possession limits, all
migratory birds in the possession or custody of band members on ceded
lands will be considered to have been taken on those lands unless
tagged by a tribal or State conservation warden as having been taken
on-reservation. All migratory birds which fall on reservation lands
will not count as part of any off-reservation bag or possession limit.
The Band anticipates harvest will be fewer than 500 ducks and geese
and 150 coots.
We propose 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. We have 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 1999-2000 season, the Grand Traverse Band of Ottawa and
Chippewa Indians proposes a tribal member duck season that would run
from September 20, 1999, through January 20, 2000. 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, 1999, and a January 1 through February
8, 2000, season. For white-fronted geese, brant, and snow geese, the
tribe proposes an October 1 through November 30, 1999, season. The
daily bag limit for all geese (including brant) would be 5 birds. Based
on our 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, 1999, season. The daily bag limit shall not exceed 5
birds per species.
All other Federal regulations contained in 50 CFR part 20 would
apply. The tribe proposes to closely monitor harvest through game bag
checks, patrols, and mail surveys. In particular, the tribe proposes
monitoring the harvest of Southern James Bay Canada geese to assess any
impacts of tribal hunting on the population.
We propose to approve the Grand Traverse Band of Ottawa and
Chippewa Indian's requested 1999-2000 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
[[Page 44388]]
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 we
have approved special regulations for tribal members in both Michigan
and Wisconsin since the 1986-87, hunting season. In 1987, the GLIFWC
requested and we 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. We acknowledge 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. We believe 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, we have 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 our 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 June 3, 1999, letter, the GLIFWC proposed off-reservation
special migratory bird hunting regulations for the 1999-2000 seasons on
behalf of the member tribes of the Voigt Intertribal Task Force of the
GLIFWC (for the 1837 and 1842 Treaty areas) and the Bay Mills Indian
Community (for the 1836 Treaty area). Member tribes of the Task Force
are: the Bad River Band of Lake Superior Tribe of Chippewa Indians, The
Lake Oreilles Band of Lake Superior Tribe of Chippewa Indians, the Lac
du Flambeau Band of Lake Superior Tribe of Chippewa Indians, the Red
Cliff Band of Lake Superior Tribe of Chippewa Indians, the St. Croix
Chippewa Indians of Wisconsin, the Sokaogon Chippewa Community (Mole
Lake Band), the Mille Lacs Band of Chippewa Indians in Minnesota, the
Lac Vieux Desert Band of Chippewa Indians, and the Keweenaw Bay Indian
Community in Michigan. Details of the proposed regulations are shown
below. In general, the proposal is essentially the same as the
regulations approved for the 1998-99 season.
Results of the 1998-99 hunter survey show that 599 ducks and 177
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 2,500 ducks and
800 geese.
We believe that regulations advanced by the GLIFWC for the 1999-
2000 hunting season are biologically acceptable and recommend approval.
If the regulations are finalized as proposed, we 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 1999-2000 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, 1999.
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, 1999.
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, 1999.
Daily Bag Limit: 5 mergansers.
B. Michigan 1836 and 1842 Treaty Zones
Season Dates: Begin September 15 and end December 1, 1999.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Geese: All Ceded Areas:
Season Dates: Begin September 1 and end December 1, 1999.
Daily Bag Limit: 10 geese.
Other Migratory Birds: All Ceded Areas
A. Coots and Common Moorhens (Common Gallinules)
Season Dates: Begin September 15 and end December 1, 1999.
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, 1999.
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, 1999.
Daily Bag Limit: 8 common snipe.
D. Woodcock
Season Dates: Begin September 7 and end December 1, 1999.
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
[[Page 44389]]
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 17, 1999, proposal, the tribe proposed a 1999-2000
waterfowl season opening date of October 2 and a closing date of
November 30, 1999. Daily bag and possession limits would be the same as
Pacific Flyway States. The tribe proposes a season on Canada geese with
a 2-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 1998-99 season, estimated
duck harvest was 608, a significant decrease from 816 in 1997-98. The
species composition in the past has included mainly mallards, gadwall,
wigeon, and teal. Northern pintail comprised only 3 percent of the
total harvest in 1998.
The proposed regulations are essentially the same as were
established last year. The tribe anticipates the maximum 1999-2000
waterfowl harvest would be around 600 to 1,000 ducks and 20 to 50
geese.
We propose to approve the tribe's requested 1999-2000 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. Beginning in 1996, 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 1999-2000 migratory bird hunting seasons, the Kalispel
Tribe proposed, in a May 13, 1999, letter, tribal and non-tribal member
waterfowl seasons. For non-tribal members, the tribe requests seasons
which begin September 1, 1999 and end January 31, 2000. In that period,
non-tribal hunters would be allowed to hunt on weekends, holidays and
continuously in the month of December and January for a total of about
110 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 1998-99 non-tribal harvest of 74 ducks and 0
geese. Under the proposal, the tribe expects harvest to be similar to
last year and less than 100 geese and 200 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, 1999, through
January 31, 2000. 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 1998-99 tribal harvest. Under
the proposal, the tribe expects harvest to be less than 200 geese and
300 ducks. Tribal members would be required to possess a signed Federal
migratory bird stamp and a tribal ceded lands permit.
We propose 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 1999-2000 season, outside
Federal frameworks in the Pacific Flyway are October 2, 1999, through
January 23, 2000 for ducks and geese with a 107-day maximum season
length.
(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 26, 1999, communication, the Klamath Tribe proposed
season dates of October 1, 1999, through January 31, 2000. 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.
We propose to approve the Klamath Tribe's requested regulations.
[[Page 44390]]
(j) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members
Only)
The Leech Lake Band of Ojibwe is a federally recognized tribe
located in Cass Lake, Minnesota. The reservation employs conservation
officers to enforce conservation regulations.
For the 1999-2000 season, the tribe proposed in a May 20, 1999
letter a tribal member duck and goose season that would run from
September 25 through November 28, 1999. Daily bag limits for both ducks
and geese would be 10. Shooting hours are one-half hour before sunrise
to one-half hour after sunset.
Based on past harvest surveys, the tribe expects less than 200
tribal hunters to participate and a harvest of less than 2,000 birds.
We propose to approve the Leech Lake Band of Ojibwe's requested
1999-2000 special migratory bird hunting regulations.
(k) 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. For the 1999-2000 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 1999-2000 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 2,
1999, through January 6, 2000. 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 youth waterfowl hunt on September 25, 1999.
The tribe's proposed Canada goose season would run from October 16,
1999, through January 16, 2000, with a daily bag limit of 3 Canada
geese. The tribe's proposed white-fronted goose season would run from
October 16 through December 26, 1999, with a daily bag limit of 2
white-fronted geese. The tribe's proposed light goose season would run
from October 16, 1999, through January 16, 2000, and February 25
through March 10, 2000. The light goose daily bag limit would be 20.
Possession limits would be twice the daily bag limits.
In the 1998-99 season, hunters harvested an estimated 1,971 geese
and 355 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% Canada geese.
The tribe anticipates a duck harvest similar to last year and a
goose harvest below the target harvest level of 3,000 to 4,000 geese.
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 in June 1982 and
updated in 1996.
We propose to approve the tribe's requested regulations for the
Lower Brule Reservation.
(l) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Non-tribal Hunters)
Since 1985, we have 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 May 28, 1999 proposal, the tribe proposed special migratory
bird hunting regulations on the reservation for both tribal and non-
tribal members for the 1999-2000 hunting season for ducks (including
mergansers), Canada geese, coots, band-tailed pigeons, and mourning
doves. For waterfowl, the Navajo Nation requests the earliest opening
dates and longest seasons, and the same daily bag and possession
limits, permitted Pacific Flyway States under final Federal frameworks.
For both mourning dove and band-tailed pigeons, the Navajo Nation
proposes seasons of September 1 through 30. The Navajo Nation also
proposes daily bag limits of 10 and 5 for mourning dove and band-tailed
pigeon, respectively. Possession limits would be twice the daily bag
limits.
In addition, the nation proposes to require tribal members and non-
members to comply with all basic Federal migratory bird hunting
regulations in 50 CFR part 20 pertaining to shooting hours and manner
of taking. In addition, each waterfowl hunter 16 years of age or over
must carry on his/her person a valid Migratory Bird Hunting and
Conservation Stamp (Duck Stamp) signed in ink across the face. Special
regulations established by the Navajo Nation also apply on the
reservation.
The tribe anticipates a total harvest of less than 300 mourning
doves, 100 band-tail pigeons, 500 ducks, coots, and mergansers, and 300
Canada geese.
We propose to approve the Navajo Nation request for these special
regulations for the 1999-2000 migratory bird hunting seasons.
(m) 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 6, 1999, letter, the tribe proposed special migratory bird
hunting regulations. For ducks, the tribe described the general
``outside dates'' as being September 18 through November 19, 1999,
inclusive. The tribe proposes a daily bag limit of 6 birds, which could
include no more than 5 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
[[Page 44391]]
December 31, 1999, with a daily bag limit of 5 brant, 3 Canada geese,
and 5 snow geese. Hunters will be issued 8 tribal tags for geese in
order to monitor goose harvest. Additional tags will be issued when
birds are registered. The tribe will also close the season during the
gun deer season of November 20 to 28, 1999. 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 11 and
November 19, 1999, 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.
We commend the tribe for their continuing efforts to closely monitor
goose harvest and their other conservation efforts.
(n) 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' May 28, 1999, proposal requests seasons for ducks,
geese, brant, coots, snipe, and mourning doves. For ducks, coots,
geese, brant, and snipe, the tribes request a September 15, 1999, to
January 15, 2000, season with a daily bag limit of 7 ducks, 25 coots, 4
geese (including no more than 3 light geese), 2 brant, and 8 snipe. The
duck daily bag limit would include mergansers and could include no more
than 2 hen mallards, 2 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, 1999, season
with a daily bag limit of 10.
The tribes require that all hunters authorized to hunt migratory
birds on the reservation obtain a tribal hunting permit from the
respective tribe. Hunters are also required to adhere to a number of
special regulations available at the tribal office. Tribal harvest last
year under similar regulations was approximately 212 ducks, 27 geese
and 22 coots.
We propose to approve the Point No Point Treaty Tribes requested
1999-2000 regulations.
(o) Seminole Tribe of Florida, Big Cypress Seminole Reservation,
Clewiston, Florida (Tribal Members and Non-tribal Hunters)
The Seminole Tribe of Florida and the Service have cooperated since
1995 to establish regulations for the 70,000 acre Big Cypress Seminole
Reservation. Located northwest of Miami, the Big Cypress Seminole
Reservation is totally tribally owned and the tribe has full wildlife
management authority.
For the 1999-2000 season, the Seminole Tribe proposes establishing
a mourning dove season from September 18, 1999, through January 20,
2000. Hunting would be allowed for tribal and non-tribal members, but
would be on Saturdays only. Daily bag limits would be the same as those
allowed within the Federal frameworks for the State of Florida. All
other Federal regulations contained in 50 CFR part 20 would apply. In
1997, under identical regulations, hunters harvested 2,078 doves on the
reservation. The tribe controls all entry to the hunt area.
We propose to approve the Seminole Tribe's requested 1999-2000
special migratory bird hunting regulations.
(p) 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, we
have 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. We 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. We have no objection to the State's use of this zone again
in the 1999-2000 hunting season, provided the duck and goose hunting
season dates are the same as on the reservation.
In a May 14, 1999, proposal for the 1999-2000 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, 1999, and a closing date of January 4, 2000.
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, 1999, and a closing
date of January 11, 2000. 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.
We note that the requested regulations are nearly identical to
those of last year and propose they be approved for the 1999-2000
hunting season.
(q) 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 regulations. These special regulations 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.
The Squaxin Island Tribe usually outlines their migratory bird
hunting
[[Page 44392]]
proposal through the Service's Region 1 Office, however, this year has
not provided confirmatory information. The tribe would normally request
establishing duck, coot, and snipe seasons that would run from
September 15, 1999, through January 15, 2000. 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
would propose establishing a season that would run from September 15,
1999, through January 15, 2000. 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 normally would propose establishing a September 15 to
December 31, 1999, season with a daily bag limit of 2 birds per day.
The tribe also would propose a September 15 to December 1, 1999, 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.
We propose to approve the Squaxin Island Tribe's 1999-2000 special
migratory bird hunting regulations, provided the tribe provides the
appropriate confirmation for the seasons.
(r) 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 usually outlines their migratory bird hunting
proposal through the Service's Region 1 Office, however, this year has
not provided confirmatory information. The tribe would normally request
establishing 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 normally anticipates that the 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 also
utilize 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 would propose a hunting season
for the above mentioned species beginning on the earliest possible
opening date and closing March 9, 1999. The Swinomish manage harvest by
a tagging system and anticipate harvest will be similar to that
expected off reservation.
We believe the estimated harvest by the Swinomish will be minimal
and will not adversely effect migratory bird populations. We propose to
approve the Tribal Community's regulations for the 1999-2000 season,
provided the tribe provides the appropriate confirmation for the
seasons.
(s) 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 June 1, 1999, letter, the Tulalip Tribes proposed tribal and
non-tribal hunting regulations for the 1999-2000 seasons. For ducks and
coot, the proposed season for tribal members would be from September
15, 1999, through February 1, 2000. 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, 1999, through February 1, 2000. 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.
We propose approval of the Tulalip Tribes request for the above
seasons. We request that harvest be monitored closely and regulations
be reevaluated
[[Page 44393]]
for future years if harvest becomes too great in relation to population
numbers.
(t) White Earth Band of Chippewa, White Earth, Minnesota (Tribal
Members Only)
The White Earth Band of Chippewa is a federally recognized tribe
located in northwest Minnesota and encompasses all of Mahnomen County
and parts of Becker and Clearwater Counties. The reservation employs
conservation officers to enforce conservation regulations. For the
first time in the 1999-2000 season, the tribe proposes to establish
migratory bird hunting seasons on reservation lands.
In a July 28, 1999, letter, the tribe proposed a duck, merganser,
and coot season of September 18 to November 30, 1999. The daily bag
limit of 7 would include no more than 2 mallards and 1 canvasback
through September 24 and no more than 2 hen mallards and 2 canvasbacks
through the remainder of the season. The merganser daily bag limit
would be 5 with no more than 2 hooded mergansers, and the coot daily
bag limit would be 20. For geese, the tribe proposes a September 1 to
November 30, 1999, season with a daily bag limit of 5 geese.
For dove, rail, woodcock, and snipe, the tribe proposes a September
11 to December 1, 1999, season with daily bag limits of 25 rails, 10
snipe, 10 woodcock, and 25 doves. Shooting hours are one-half hour
before sunrise to one-half hour after sunset. Non-toxic shot is
required.
Based on past harvest surveys, the tribe expects a harvest of less
than 500 Canada geese and 1000 ducks.
We propose to approve the White Earth Band of Chippewa's requested
1999-2000 special migratory bird hunting regulations.
(u) 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 since 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 1999-2000 season. All other waters of the
reservation would be closed to waterfowl hunting for the 1999-2000
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 23, 1999, and a closing date of January 17,
2000. 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 23, 1999, through January 17, 2000. Hunting would
be limited to Canada geese, and the daily bag limit would be 3.
Season dates for band-tailed pigeons and mourning doves would run
concurrently from September 1 through September 12, 1999, 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.
We propose to approve the regulations requested by the tribe for
the 1999-2000 seasons.
(v) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Non-
tribal Hunters)
On May 25, 1999, the Yankton Sioux Tribe submitted a waterfowl
hunting proposal for the 1999-2000 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 9, 1999, 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 30, 1999,
and running for the maximum amount of days allowed under the final
Federal frameworks. 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 30, 1999, 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.
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 1998-99 hunting season, the tribe reported that 83 non-
tribal hunters took 350 Canada geese, 40 snow geese, and 70 ducks.
Tribal members harvested less than 75 geese and 40 ducks.
We concur with the Yankton Sioux proposal for the 1999-2000 hunting
season.
Public Comment Invited
We intend that adopted final rules be as responsive as possible to
all concerned interests, and therefore desire to obtain the comments
and suggestions of the public, other governmental agencies, non-
governmental organizations, and other private interests on these
proposals. However, special circumstances are involved in the
establishment of these regulations which limit the amount of time that
we can allow for public comment. Specifically, two considerations
compress the time in which the rulemaking process must operate: (1) the
need to establish final rules at a point early enough in the summer to
allow affected State agencies to appropriately adjust their licensing
and regulatory mechanisms; and (2) the unavailability, before mid-June,
of specific, reliable data on this year's status of some waterfowl and
migratory shore and upland game bird populations. Therefore, we believe
that to allow comment periods past the dates specified is contrary to
the public interest.
The Department of the Interior's policy is, whenever practicable,
to afford the public an opportunity to
[[Page 44394]]
participate in the rulemaking process. Accordingly, we invite
interested persons to submit written comments, suggestions, or
recommendations regarding the proposed regulations. Before promulgation
of final migratory game bird hunting regulations, we will take into
consideration all comments received. Such comments, and any additional
information received, may lead to final regulations that differ from
these proposals. We invite interested persons to participate in this
rulemaking by submitting written comments to the address indicated
under the caption ADDRESSES. You may inspect comments received on the
proposed annual regulations during normal business hours at the
Service's office in room 634, 4401 North Fairfax Drive, Arlington,
Virginia. For each series of proposed rulemakings, we will establish
specific comment periods. We will consider, but possibly may not
respond in detail to, each comment. As in the past, we will summarize
all comments received during the comment period and respond to them
after the closing date.
Public Comments Received
We received two comments regarding the Notice of Intent published
on May 3, 1999, which announced rulemaking on regulations for migratory
bird hunting by American Indian tribal members. The Wisconsin
Department of Natural Resources (Wisconsin) commented on the GLIFWC's
proposal. Wisconsin had no objections to the proposed duck or goose
season dates and bag limits. Wisconsin 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. The Michigan Department of Natural Resources commented on
the establishment of tribal regulations on 1836 Treaty areas. Michigan
believed it was premature of the Service to establish waterfowl
regulations in areas covered by the 1835 Treaty until such time as the
issue of 1836 Treaty hunting rights are affirmed by a court of
competent jurisdiction.
Service Response: Our position is that the Federal Government does
recognize the Treaty of 1836 as reserving to the affected tribes or
bands hunting rights in the ceded territory. Further, the Federal
courts have already confirmed the retention of reserved fishing rights
in the territory ceded by the Treaty of 1836 in United States v.
Michigan, 471 F.Supp. 192 (W.D. Mich. 1979), remanded, 623 F.2d 448
(6th Cir. 1980), order modified, 653 F.2d 277 (6th Cir. 1981), cert.
denied, 454 U.S. 1124 (1981). That case and cases dealing with other
treaty cessions, such as Lac Courte Oreilles v. Wisconsin (i.e., both
the 1837 and the 1842 Treaties), provide persuasive precedent for the
belief that hunting as well as fishing rights were reserved by the
tribes in the Treaty of 1836. We have not altered our position on this
matter.
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 us 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 same address.
Endangered Species Act Considerations
Prior to issuance of the 1999-2000 migratory game bird hunting
regulations, we will consider provisions of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531-1543; hereinafter the Act) to
ensure that hunting is not likely to jeopardize the continued existence
of any species designated as endangered or threatened or modify or
destroy its critical habitat and that the proposed action is consistent
with conservation programs for those species. Consultations under
Section 7 of this Act may cause us to change proposals in this and
future supplemental proposed rulemakings.
We 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. Our
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
These regulations have a significant economic impact on substantial
numbers of small entities under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). We analyzed the economic impacts of the annual
hunting regulations on small business entities in detail and issued a
Small Entity Flexibility Analysis (Analysis) in 1998. The Analysis
documented the significant beneficial economic effect on a substantial
number of small entities. The primary source of information about
hunter expenditures for migratory game bird hunting is the National
Hunting and Fishing Survey, which is conducted at 5-year intervals. The
Analysis was based on the 1996 National Hunting and Fishing Survey and
the U.S. Department of Commerce's County Business Patterns from which
it was estimated that migratory bird hunters would spend between $429
and $1,084 million at small businesses in 1998. Copies of the Analysis
are available upon request.
Executive Order (E.O.) 12866
While this individual supplemental rule was not reviewed by the
Office of Management and Budget (OMB), the migratory bird hunting
regulations are economically significant and are annually reviewed by
OMB under E.O. 12866.
E.O. 12866 requires each agency to write regulations that are easy
to understand. We invite 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
rule? What else could we do to make the rule easier to understand?
Small Business Regulatory Enforcement Fairness Act
This rule is a major rule under 5 U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
[[Page 44395]]
For the reasons outlined above, this rule has an annual effect on the
economy of $100 million or more. However, because this rule establishes
hunting seasons, we do not plan to defer the effective date under the
exemption contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
We examined these regulations under the Paperwork Reduction Act of
1995. We utilize the various recordkeeping and reporting requirements
imposed under regulations established in 50 CFR part 20, Subpart K, in
the formulation of migratory game bird hunting regulations.
Specifically, OMB has approved the information collection requirements
of the Migratory Bird Harvest Information Program and assigned
clearance number 1018-0015 (expires 9/30/2001). This information is
used to provide a sampling frame for voluntary national surveys to
improve our harvest estimates for all migratory game birds in order to
better manage these populations. OMB has also approved the information
collection requirements of the Sandhill Crane Harvest Questionnaire and
assigned clearance number 1018-0023 (expires 9/30/2000). The
information from this survey is used to estimate the magnitude, the
geographical and temporal distribution of harvest, and the portion it
constitutes of the total population. A Federal agency 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
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State government or private entities.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that these regulations meet the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive Order 12988.
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. We annually prescribe 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 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 regulations. 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, 1999, 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 1999-2000
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 9, 1999.
Donald Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-20963 Filed 8-12-99; 8:45 am]
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