[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]]

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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 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]
BILLING CODE 4310-55-P