[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Proposed Rules]
[Pages 50483-50496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21158]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AG08


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2000-01 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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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 2000-01 migratory bird hunting season.

DATES: To comment on these proposed regulations, you must do so by 
August 28, 2000.

ADDRESSES: Send your comments on these proposals to the Chief, Division 
of Migratory Bird Management, U.S. Fish and Wildlife Service, 
Department of the Interior, room 634-Arlington Square, 1849 C Street, 
NW, Washington, DC 20240. All comments received will become part of the 
public record. You may inspect comments during normal business hours in 
room 634, Arlington Square Building, 4401 N. Fairfax Drive, Arlington, 
Virginia.

FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service, (703/358-1714).

SUPPLEMENTARY INFORMATION: In the April 25, 2000, Federal Register (65 
FR 24260), we requested proposals from Indian tribes wishing to 
establish special migratory bird hunting regulations for the 2000-01 
hunting season, under the guidelines described in the June 4, 1985, 
Federal Register (50 FR 23467). In this supplemental proposed rule, we 
propose special migratory bird hunting regulations for 23 Indian 
tribes, based on the input we received in response to the April 25, 
2000, proposed rule. As described in that rule, the promulgation of 
annual migratory bird hunting regulations involves a series of 
rulemaking actions each year. This proposed rule is part of that 
series.
    We developed the guidelines for establishing special migratory bird 
hunting regulations for Indian tribes 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 
nontribal members on their reservations. The guidelines include 
possibilities for:
    (1) On-reservation hunting by both tribal and nontribal members, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of the 
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

[[Page 50484]]

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 Convention Between the United States and Great Britain (for 
Canada) for the Protection of Migratory Birds (Treaty). 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 nontribal members on all lands within the exterior 
boundaries of reservations where tribes have full wildlife management 
authority over such hunting or where the tribes and affected States 
otherwise have reached agreement over hunting by nontribal members on 
lands owned by non-Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, 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 other 
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 such 
harvest has been a customary practice. We do not oppose this harvest, 
provided it does not take place during the closed season defined by the 
Treaty, 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 nontribal 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 nontribal hunters onto a reservation at a time when the 
season is closed in the surrounding State(s) could result in adverse 
population impacts on one or more migratory bird species. The 
guidelines make 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. We should stress 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.

Population Status

    The following paragraphs provide preliminary information on the 
status of waterfowl and information on the status and harvest of 
migratory shore and upland game birds.

May Breeding Waterfowl and Habitat Survey

    In the Western or Traditional survey area, conditions were much 
drier this spring than the previous 6 years. These dry conditions are 
reflected in the Prairie May ponds estimate of 3.9  0.1 
million, down 41 percent from 1999 and 20 percent below the 1974-99 
average. Conditions ranged from poor in much of Alberta and parts of 
Montana and Saskatchewan to fair to good in most other areas. Only 
portions of northern Manitoba and the Dakotas were in excellent 
condition. In June, much of the prairie received heavy rains. While 
this may have increased breeding habitat quantity and quality, heavy 
rains in the Dakotas may have caused flooding and loss of nests. 
Southern Saskatchewan and Manitoba were in generally fair condition, 
and the Dakotas were in generally good condition, while most of 
Northern Saskatchewan and Manitoba were in good to excellent condition. 
In Alaska, a significant cooling down changed an early warm spring into 
a cool, late spring, resulting in a 2-3 week later-than-normal ice 
breakup. In Alaska, a later spring generally results in lower 
production. Overall, May habitat conditions in the traditional survey 
area were poor to good, improving to the north and east. July surveys 
will help determine if recent rain helped duck production.
    Winter and spring were also warm and dry in the Eastern survey 
area. A seemingly early spring cooled down markedly, especially in 
Labrador, Newfoundland, and Eastern Quebec. In these easternmost 
regions, spring was 2-3 weeks behind normal. Water levels in 
southwestern Ontario, Maine, Nova Scotia, and New Brunswick are higher 
this year than last year. However, southern Ontario and southern Quebec 
are drier than normal. In southwest Ontario, Maine, and the Maritimes, 
heavy thunderstorms in May caused severe flooding and may have caused 
much renesting. Overall, habitat conditions in the east are generally 
good, with the exception of some areas of southern Ontario and 
southern/central Quebec, where low water levels resulted in fair to 
poor habitat conditions. Overall, the survey area was in generally good 
condition, and production is expected to be good this year.
    The 2000 total duck population estimate for the traditional survey 
area was 41.8  0.7 million birds. This was similar to last 
year's record estimate of

[[Page 50485]]

43.4  0.7 million birds, and still 27 percent above the 
1955-99 average. Mallard abundance was 9.5  0.3 million, 
which is 12 percent below last year's record estimate but still 27 
percent above the 1955-99 average. Blue-winged teal abundance was 
estimated at a record high of 7.4  0.4 million. This was 
similar to last year's estimate of 7.1 million, and 69 percent above 
the 1955-99 average. Gadwall (3.2  0.2, +100 percent), 
green-winged teal (3.2  0.2 million, +80 percent), northern 
shovelers (3.5  0.2 million, +73 percent), and redheads 
(0.9  0.1 million, +50 percent) were all above their long-
term averages, while northern pintails (2.9  0.2 million, 
-33 percent) and scaup (4.0  0.2 million, -25 percent) were 
again below their long-term averages. Green-winged teal was the only 
species that increased over 1999, an increase of 21 percent.
    This year, new areas have again been included in the Eastern survey 
area. In addition, we have redefined the total duck composition of this 
area to include scoters and mergansers, because they are important 
breeding species in this survey area. Therefore, the eastern 1999 total 
duck estimate used this year is not the same as that published last 
year. The 2000 total duck population estimate for the eastern survey 
area was 2.6  0.3 million birds, similar to last year's 
total duck estimate of 2.9  0.2 million birds. Abundances 
of individual species were similar to last year, with the exception of 
scaup (116.1  32 thousand, +296 percent), scoters (182.1 
 59 thousand, +288 percent), and green-winged teal (201.6 
 28.7 thousand, -52 percent).

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 2000 preliminary spring index, uncorrected 
for visibility, was 488,000. The photo-corrected 3-year average for the 
1997-99 period was 450,126, which was within 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 1999-2000. About 6,700 hunters 
participated in these seasons, which was 18 percent lower than the 
previous year's seasons. About 19,800 cranes were harvested in 1999-
2000 in the Central Flyway, a 7 percent decrease from the previous 
year's high estimate. Harvests from the Pacific Flyway, Canada, and 
Mexico are estimated to be about 13,800 for the 1999-2000 sport-hunting 
seasons. The total North American sport harvest, including crippling 
losses, was estimated to be about 37,207 for the Mid-Continent 
Population.
    The fall 1999 premigration survey estimate for the Rocky Mountain 
Population was 19,501, which is similar to the 1998 estimate of 18,202. 
Limited special seasons were held during 1999 in portions of Arizona, 
Idaho, Montana, New Mexico, Utah, and Wyoming, resulting in an 
estimated harvest of 658 cranes.

Woodcock

    Singing-ground and Wing-collection surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). 
Singing-ground survey data from 2000 indicate that the number of 
displaying woodcock in the Eastern Region decreased 11.0 percent (P0.1) 
from 1999 levels. In the Central Region, there was a 10.4 percent 
increase in the number of woodcock heard displaying (P0.1) compared to 
1999 levels. Trends from the singing-ground survey during 1990-00 were 
negative (-3.5 and -3.1 percent per year for the Eastern and Central 
regions, respectively; P0.01). There were long-term (1968-00) declines 
(P0.01) of 2.3 percent per year in the Eastern Region and 1.6 percent 
per year in the Central Region.
    The 1999 recruitment index for the Eastern Region (1.1 immatures 
per adult female) was 35 percent below the long-term regional average; 
the recruitment index for the Central Region (1.2 immatures per adult 
female) was 29 percent below the long-term regional average. The index 
of daily hunting success in the Eastern Region increased from 1.9 
woodcock per successful hunt in 1998 to 2.0 woodcock per successful 
hunt in 1999, and seasonal hunting success increased 3 percent, from 
7.2 to 7.4 woodcock per successful hunter in 1998 and 1999, 
respectively. In the Central Region, the daily success index in 1999 
was unchanged from the 1998 index (2.1 woodcock per successful hunt) 
but the seasonal success index decreased 11 percent from 11.3 to 10.0 
woodcock per successful hunter.

Band-Tailed Pigeons and Doves

    The status of the Coastal population of band-tailed pigeons appears 
to be improving. While a significant decline occurred between 1968-99 
as indicated by the Breeding Bird Survey (BBS), no trend was indicated 
over the most recent 10 years. Additionally, mineral site counts at 10 
selected sites in Oregon indicate a steady increase over the past 10 
years. The count in 1999 was 65 percent above the previous 31-year 
average. Call-count surveys conducted in Washington showed a 
nonsignificant decline between the 1975-99 and 1995-99 periods. 
Washington has opted not to select a hunting season for bandtails since 
1991. The harvest of Coastal pigeons is estimated to be about 23,000 
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 periods. Harvest estimates range from 1,300 to 
1,900 birds.
    Analyses of Mourning Dove Call-count Survey data indicated 
significant declines in doves heard over the most recent 10 years and 
the entire 35 years of the survey in all three management units. A 
project has been funded recently to develop mourning dove population 
models for each unit to provide guidance in what needs to be done to 
improve our decision-making process with respect to harvest management.
    White-winged doves in Arizona are maintaining a fairly stable 
population since the 1970's.
    Between 1999 and 2000, the average number of doves heard per route 
doubled from 25 to 50. A low harvest (142,000 in 1999) is being 
maintained compared with birds taken several decades ago. In Texas, the 
phenomenon of the white-winged dove expansion continues. The population 
in the Lower Rio Grande Valley increased 19 percent from 1999 to an 
estimated 507,000 birds; in Upper South Texas, the count increased 7 
percent to 999,000; and, in West Texas, the count increased 94 percent 
to 33,000. The whitewing population may reach epidemic proportions in 
5-10 years and could begin causing substantial damage to agricultural 
crops being grown near cities that have a large population of 
whitewings. Hunting does not appear to be having any effect upon these 
northern urban nesters.

Hunting Season Proposals from Indian Tribes and Organizations

    For the 2000-01 hunting season, we received requests from 23 tribes 
and Indian organizations. 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 
2000 Federal Register that will include tribal regulations for the 
early-hunting season.

[[Page 50486]]

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 2000 Federal Register that 
will include regulations for late-season hunting. The late season 
begins on or around October 1 and most commonly includes waterfowl 
species.
    In this current rulemaking, because of the compressed timeframe for 
establishing regulations for Indian tribes and because final frameworks 
dates and other specific information are not available, the regulations 
for many tribal hunting seasons are described in relation to the season 
dates, season length, and limits that will be permitted when final 
Federal frameworks are announced for early- and late-season 
regulations. For example, daily bag and possession limits for ducks on 
some areas are shown as ``Same as permitted in 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 31, 2000 (65 FR 46840); 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 23 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 Nontribal 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 2000-01 proposal, dated July 10, 2000, the Colorado River 
Indian Tribes requested split dove seasons. They propose their early 
season begin September 1 and end September 15, 2000. 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 17, 
2000, and close January 7, 2001. 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 7, 2000, or on a Saturday and run until January 7, 
2001, or 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, 
except that the daily bag limits for goldeneyes and cinnamon teal would 
be two. 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 18, 2000, through January 14, 2001. 
The daily bag and possession limits for geese would be four, but could 
include no more than three light geese or two 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 
nontoxic shot is required for waterfowl hunting.
    We propose to approve the Colorado River Indian Tribes regulations 
for the 2000-01 hunting season.

(b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Nontribal 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 May 15, 2000, proposal.
    As in the past, tribal regulations for nontribal 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 nontoxic 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 2000-01 hunting season.

(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota (Tribal Members and Nontribal 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 bird hunting regulations contained in 50 CFR part 
20.
    In their 2000 proposal, the tribe requested a duck and merganser 
season of October 9 to December 21, 2000, with a daily bag limit of six 
ducks, including no more than five mallards (one hen mallard), one 
canvasback, two redheads, two wood ducks, two scaup, and one pintail. 
The merganser daily bag limit would be five and include no more than 
one hooded merganser. For Canada geese, the tribe proposes an October 
9, 2000, to January 9, 2001, season with a three bird daily bag limit. 
For white-fronted geese, the tribe proposes an October 2 to December 
12, 2000, season with a daily bag limit of two. For snow

[[Page 50487]]

geese, the tribe proposes an October 2 to December 25, 2000, and 
February 19 to March 10, 2001, season with a daily bag limit of 20. 
Similar to the last several years, the tribe also requests a sandhill 
crane season from September 18 to October 24, 2000, with a daily bag 
limit of three. 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 May 26, 2000, proposal covers land set apart for the band under 
the Treaties of 1854 and 1837 in northeast and east-central Minnesota.
    The band's proposal for 2000-01 is essentially the same as that 
approved last year. Specifically, the Fond du Lac Band proposes a 
September 15 to December 3, 2000, season on ducks, mergansers, coots 
and moorhens, and a September 1 to December 3, 2000, season for geese. 
For sora and Virginia rails, snipe, and woodcock, the Fond du Lac Band 
proposes a September 1 to December 3, 2000, season. Proposed daily bag 
limits would consist of the following:
    Ducks: 18 ducks, including no more than 12 mallards (only 6 of 
which may be hens), 3 black ducks, 9 scaup, 6 wood ducks, 6 redheads, 3 
pintails, and 3 canvasbacks.
    Mergansers: 15 mergansers, including no more than 3 hooded 
mergansers.
    Geese: 12 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: Eight common snipe.
    Woodcock: Three 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 that 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 that 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 2000-01 season, the Grand Traverse Band of Ottawa and 
Chippewa Indians proposes identical regulations to those implemented 
last year. The tribal member duck season would run from September 20, 
2000, through January 20, 2001. 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, 2000, and a January 1 through February 8, 2001, season. 
For white-fronted geese, brant, and snow geese, the tribe proposes an 
October 1 through November 30, 2000, season. The daily bag limit for 
all geese (including brant) would be five 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, 2000, season. The daily bag limit shall not exceed 
five 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. Last year, the tribe 
harvested approximately 250 ducks and 100 Canada geese.
    We propose to approve the Grand Traverse Band of Ottawa and 
Chippewa Indian's requested 2000-01 special migratory bird hunting 
regulations.

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

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC, which represents the various bands). 
Beginning in 1986, a tribal season on ceded lands in the western 
portion of the State's Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources, and we have approved 
special regulations for tribal members in

[[Page 50488]]

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 U.S. 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 1, 2000, letter, the GLIFWC proposed off-reservation 
special migratory bird hunting regulations for the 2000-01 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 
Lac Courte 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, 
and 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 1999-2000 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 and most likely would not exceed 2,500 ducks and 800 geese.
    We believe that regulations advanced by the GLIFWC for the 2000-01 
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 2000-01 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, 2000.
    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, 2000.
    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: All Ceded Areas
    Season Dates: Begin September 15 and end December 1, 2000.
    Daily Bag Limit: Five mergansers.
Geese: All Ceded Areas
    Season Dates: Begin September 1 and end December 1, 2000. In 
addition, any portion of the ceded territory which is open to State-
licensed hunters for goose hunting after December 1 shall also be open 
concurrently for tribal members.
    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, 2000.
    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, 2000.
    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, 2000.
    Daily Bag Limit: Eight common snipe.
D. Woodcock
    Season Dates: Begin September 5 and end December 1, 2000.
    Daily Bag Limit: Five woodcock.
General Conditions
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR Part 
20 as to hunting methods, transportation, sale, exportation and other 
conditions generally applicable to migratory bird hunting.
    3. Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    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 that 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

[[Page 50489]]

conservation warden as having been taken on-reservation. In Wisconsin, 
such tagging will comply with applicable State laws. All migratory 
birds that 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 Nontribal 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 24, 2000, proposal, the tribe proposed a 2000-01 waterfowl 
season opening date of October 7 and a closing date of November 30, 
2000. Daily bag and possession limits would be the same as Pacific 
Flyway States. The tribe proposes a season on Canada geese with a two 
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 1999-2000 season, 
estimated duck harvest was 1,317, a significant increase from 608 in 
1998-99, but within the historical range. The species composition in 
the past has included mainly mallards, gadwall, wigeon, and teal. 
Northern pintail comprised only 1 percent of the total harvest in 1999. 
The estimated harvest of geese was 53 birds.
    The proposed regulations are essentially the same as were 
established last year. The tribe anticipates the maximum 2000-01 
waterfowl harvest would be around 1,200 ducks and 50 geese.
    We propose to approve the tribe's requested 2000-01 hunting 
seasons.

(h) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal 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 
nontribal 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 2000-01 migratory bird hunting seasons, the Kalispel Tribe 
proposed, in a May 24, 2000, letter, tribal and nontribal member 
waterfowl seasons. for nontribal members, the tribe requests seasons 
that begin September 1, 2000 and end January 31, 2001. In that period, 
nontribal hunters would be allowed to hunt approximately 114 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 1999-2000 nontribal harvest of 160 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, 2000, through 
January 31, 2001. 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 1999-2000 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 nontribal seasons conform to Treaty limitations 
and final Federal frameworks for the Pacific Flyway. For the 2000-01 
season, outside Federal frameworks for ducks in the Pacific Flyway are 
September 30, 2000, through January 21, 2001. For geese, frameworks for 
special early Canada goose seasons are September 1 through September 
15, 2000, while regular seasons frameworks are September 30, 2000, 
through January 21, 2001. All seasons for nontribal hunters must 
conform with the 107-day maximum season length established by the 
Treaty.

(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 June 16, 2000, letter, the Klamath Tribe proposed season dates 
of October 1, 2000, through January 28, 2001. Daily bag limits would be 
nine for ducks and six 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. Steel shot is required.
    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.

(j) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only)

    For the first time, the Little River Band of Ottawa Indians and the 
Service are cooperating to establish special regulations for migratory 
game birds. The Little River Band of Ottawa Indians is a self-
governing, federally recognized tribe located in Manistee, Michigan, 
and 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

[[Page 50490]]

season. Ceded lands are located in Lake, Mason, Manistee, and Wexford 
Counties.
    For the 2000-01 season, the Little River Band of Ottawa Indians 
proposes regulations to parallel those of the State of Michigan. The 
tribal member duck, merganser, and coots and common moorhens season 
from October 7 through December 5, 2000. A daily bag limit of six ducks 
would include no more than one pintail, one canvasback, one black duck, 
two wood ducks, two redheads, three scaup, and four mallards (only one 
of which may be a hen). The daily bag limit for mergansers would be 
five, of which only one could be a hooded merganser. The daily bag 
limit for coots and common moorhens would be 15. Possession limits 
would be twice the daily bag limit.
    For Canada geese, the tribe proposes a September 1 through 
September 15, 2000, and a September 24 through October 8, 2000, season. 
Daily bag limits would be five geese in the early season and two geese 
in the later portion of the season. The possession limit would be twice 
the daily bag limit. For white-fronted geese, brant, and snow geese, 
the tribe proposes an October 7 through December 5, 2000, season. The 
daily bag limit for all geese (including brant) would be 10 birds, 
which could include no more than 2 whitefronts or 2 brant. Possession 
limits would be 30.
    For snipe, woodcock, and rails, the tribe proposes a September 15 
to November 14, 2000, season. The daily bag limit would be 8 common 
snipe, 3 woodcock, and 25 rails. Possession limits for snipe and 
woodcock would be twice the daily bag limit. The possession limit for 
rails would be 25.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The tribe proposes to monitor harvest through mail surveys. Last 
year, the tribe issued approximately 100 licenses.
    We propose to approve Little River Band of Ottawa Indians' 
requested 2000-01 special migratory bird hunting regulations.

(k) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan 
(Tribal Members Only)

    For the first time, the Little Traverse Bay Bands of Odawa Indians 
and the Service are cooperating to establish special regulations for 
migratory game birds. The Little Traverse Bay Bands of Odawa Indians is 
a self-governing, federally recognized tribe located in Petoskey, 
Michigan, and 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 2000-01 season, the Little Traverse Bay Bands of Odawa 
Indians propose regulations similar to other tribes in the 1836 treaty 
area. The tribal member duck season would run from September 20, 2000, 
through January 20, 2001. 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, 
2000, and a January 1 through February 8, 2001, season. For white-
fronted geese, brant, and snow geese, the tribe proposes an October 1 
through November 30, 2000, season. The daily bag limit for all geese 
(including brant) would be five 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, 2000, season. The daily bag limit shall not exceed 
five 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 Little Traverse Bay Bands of Odawa 
Indians' requested 2000-01 special migratory bird hunting regulations.

(l) 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. The Service and the tribe 
cooperatively established migratory bird hunting regulations for the 
first time last year.
    For the 2000-01 season, we have not yet heard from the tribe 
regarding this seasons proposal.
    Based on last year, we assume the tribe would request a tribal 
member duck and goose season that would run from September 25 through 
November 28, 2000. 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 fewer 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 
2000-01 special migratory bird hunting regulations, provided the tribe 
provides the appropriate confirmation for the seasons.

(m) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal 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 2000-01 season, the two parties have 
come to an agreement which 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 2000-01 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a duck, merganser, 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 7, 2000, through January 18, 2001. The daily bag limit 
would be six birds, including no more than five mallards (only one of 
which may be a hen), one pintail, two redheads, two wood ducks, three 
scaup, one canvasback, and one mottled duck. The daily bag limit for 
mergansers would be five, only one of which could be a hooded 
merganser. 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 30, 2000.
    The tribe's proposed Canada goose season would run from October 14, 
2000, through January 16, 2001, with a daily bag limit of three Canada 
geese. The tribe's proposed white-fronted goose season would run from 
October 14, 2000, through January 7, 2001, with a daily bag limit of 
two white-fronted geese. The tribe's proposed light goose season would 
run from October 14, 2000, through January 14, 2001, and

[[Page 50491]]

February 24 through March 9, 2001. 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 percent 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 on June 1982 and 
updated in 1996.
    We propose to approve the tribe's requested regulations for the 
Lower Brule Reservation.

(n) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal 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 Navajo 
Nation owns almost all lands on the reservation and has full wildlife 
management authority.
    In a July 18, 2000 proposal, the tribe proposed special migratory 
bird hunting regulations on the reservation for both tribal and 
nontribal members for the 2000-01 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 
nonmembers 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 of the 
stamp. 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 2000-01 migratory bird hunting seasons.

(o) 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 25, 2000, letter, the tribe proposed special migratory 
bird hunting regulations. For ducks, the tribe described the general 
``outside dates'' as being September 16 through November 17, 2000, 
inclusive. The tribe proposes a daily bag limit of six birds, which 
could include no more than five mallards (one hen mallard), five wood 
ducks, one canvasback, one redhead, two pintails, and one hooded 
merganser.
    For geese, the tribe requests a season between September 1 and 
December 31, 2000, with a daily bag limit of five brant, three Canada 
geese, and five snow geese. Hunters will be issued eight 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 18 to 26, 2000. 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 16 and 
November 17, 2000, 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 nontribal 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 three 
shells.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Oneida Tribe of Indians of Wisconsin.

(p) 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 23, 2000, 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, 2000, to 
January 15, 2001, 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 two hen mallards, two pintails, one canvasback, and two 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, 2000, to January 15, 2001, 
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 185 ducks, 22 geese, 
and 15 coots.
    We propose to approve the Point No Point Treaty Tribes requested 
2000-01 regulations.

(q) Seminole Tribe of Florida, Big Cypress Seminole Reservation, 
Clewiston, Florida (Tribal Members and Nontribal Hunters)

    The Seminole Tribe of Florida and the Service have cooperated since 
1995 to

[[Page 50492]]

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 2000-01 season, the Seminole Tribe proposes establishing a 
mourning dove season from September 17, 2000, through January 20, 2001. 
Hunting would be allowed for tribal and non-tribal members, but would 
be on Sundays 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 2000-01 
special migratory bird hunting regulations.

(r) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho (Nontribal 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 2000-01 hunting season, provided the duck and goose hunting 
season dates are the same as on the reservation.
    In a June 6, 2000, proposal for the 2000-01 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, 2000, and a closing date of January 4, 2001. 
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, 2000, and a closing 
date of January 11, 2001. The tribes anticipate harvest will be between 
4,000 and 6,000 geese.
    Nontribal 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 2000-01 hunting 
season.

(s) 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 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, 2000, through January 15, 2001. The daily bag 
limit for ducks would be five per day and could include only one 
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, 2000, through January 15, 2001. The daily bag limit 
for geese would be four per day and could include only two snow geese 
and one 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, 2000, season with a daily 
bag limits of two birds per day. The tribe also would propose a 
September 15 to December 1, 2000, season for band-tailed pigeons with a 
daily bag limit of two 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 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 2000-01 special migratory 
bird hunting regulations, provided the tribe provides the appropriate 
confirmation for the seasons.

(t) 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

[[Page 50493]]

the earliest possible opening date and closing March 9, 2001. 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 affect migratory bird populations. We propose to 
approve the Tribal Community's regulations for the 2000-01 season, 
provided the tribe provides the appropriate confirmation for the 
seasons.

(u) The Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members and Nontribal 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 nonmember hunting unless opened by 
Tulalip Tribal regulations.
    In a June 6, 2000, letter, the Tulalip Tribes proposed tribal and 
nontribal hunting regulations for the 2000-01 season. For ducks and 
coot, the proposed season for tribal members would be from September 
15, 2000, through February 1, 2001. In the case of nontribal 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 nontribal hunters, bag and possession 
limits would be the same as those permitted the State of Washington 
under final Federal frameworks. Nontribal 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, 2000, through February 1, 2001. 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 
nontribal 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. Nontribal hunters 16 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 of the stamp.
    Although the season length requested by the Tulalip Tribes appears 
to be quite liberal, harvest information indicates a total take by 
tribal and nontribal hunters under 1,000 ducks and 500 geese, annually.
    We propose approval of the Tulalip Tribe's request for the above 
seasons. We request that harvest be monitored closely and regulations 
be reevaluated for future years if harvest becomes too great in 
relation to population numbers.

(v) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only)

    The Wampanoag Tribe of Gay Head is a federally-recognized tribe 
located on the island of Martha's Vineyard in Massachusetts. The tribe 
has approximately 560 acres of land which it manages for wildlife 
through its natural resources department. The tribe also enforces its 
owns wildlife laws and regulations through the natural resources 
department.
    For the 2000-01 season, the tribe proposes a duck season of October 
10, 2000, to January 20, 2001. The tribe proposes a daily bag limit of 
six birds, which could include no more than two hen mallards, two black 
ducks (one black duck from December 2 to December 9, 2000), two mottled 
ducks, one fulvous whistling duck, four mergansers, three scaup, one 
hooded merganser, two wood ducks, one canvasback, two redheads, one 
pintails, and one hen eider. The season for harlequins would be closed. 
A daily bag limit of six teal would be in addition to the daily bag 
limit for ducks.
    For sea ducks, the tribe proposes a season between October 14, 
2000, and January 6, 2001, with a daily bag limit of seven, which could 
include no more than four of any one species.
    For geese, the tribe requests a season between September 19, 2000, 
and January 20, 2001, with a daily bag limit of 4 Canada geese and 15 
snow geese.
    For woodcock, the tribe proposes a season between October 14 and 
November 15, 2000, with a daily bag limit of three.
    The tribe currently has 20 registered triabl hunters and estimates 
harvest to be no more than 125 geese and 925 ducks. Tribal members 
hunting on the Reservation will observe all basic Federal migratory 
bird hunting regulations found in 50 CFR.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Wampanoag Tribe of Gay Head and 
requests that the tribe closely monitor harvest in this first season of 
establishing special migratory bird hunting regulations.

(w) 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 2000-01 season, the tribe proposes to establish 
migratory bird hunting seasons on reservation lands.
    Last year was the first year the tribe and the Service cooperated 
to establish special tribal regulations. This year, however, the tribe 
has not provided confirmatory information.
    Based on last year, we assume the tribe would request a duck, 
merganser, and coot season of September 18 to November 30, 2000. The 
daily bag limit of seven could include no more than two mallards and 
one canvasback through September 24 and no more than two hen mallards 
and two 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 would 
propose a September 1 to November 30, 2000, season with a daily bag 
limit of five geese.

[[Page 50494]]

    For dove, rail, woodcock, and snipe, the tribe would propose a 
September 11 to December 1, 2000, 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. Nontoxic shot is 
required.
    Based on past harvest surveys, we expect a harvest of less than 500 
Canada geese and 1,000 ducks.
    We propose to approve the White Earth Band of Chippewa's requested 
2000-01 special migratory bird hunting regulations, provided the tribe 
provides the appropriate confirmation for the seasons.

(x) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal 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 River west of the Bonito Creek and Black 
River confluence and the entire length of the Salt River 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, 5, 6, and 7. Tanks located 
below the Mogollon Rim, within Wildlife Management Units 2 and 3 will 
be open to waterfowl hunting during the 2000-01 season. All other 
waters of the reservation would be closed to waterfowl hunting for the 
2000-01 season.
    For nontribal and tribal hunters, the tribe proposes a continuous 
duck, coot, merganser, gallinule and moorhen hunting season, with an 
opening date of October 21, 2000, and a closing date of January 22, 
2001. The tribe proposes a daily duck (including mergansers) bag limit 
of four, which may include no more than two redheads or one canvasback 
and one redhead, one pintail, and three mallards (including no more 
than one hen mallard). The daily bag limit for coots, gallinules and 
moorhens would be 25 singly, or in the aggregate. For geese, the tribe 
is proposing a season from October 21, 2000, through January 12, 2001. 
Hunting would be limited to Canada geese, and the daily bag limit would 
be three.
    Season dates for band-tailed pigeons and mourning doves would run 
concurrently from September 6 through September 20, 2000, in Wildlife 
Management Unit 10 and all areas south of Y10 in Wildlife Management 
Unit 7, only. Proposed daily bag limits for band-tailed pigeons and 
mourning doves would be 3 and 10, 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 nontribal 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 2000-01 seasons provided that the nontribal seasons conform to 
Treaty limitations and final Federal frameworks for the Pacific Flyway. 
For the 2000-01 season, outside Federal frameworks for ducks in the 
Pacific Flyway are September 30, 2000, through January 21, 2001.

(y) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and 
Nontribal Hunters)

    On May 11, 2000, the Yankton Sioux Tribe submitted a waterfowl 
hunting proposal for the 2000-01 season. The Yankton Sioux tribal 
waterfowl hunting season would be open to both tribal members and 
nontribal 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 14, 2000, 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 28, 
2000, and run for the maximum amount of days allowed under the final 
Federal frameworks. The daily bag limit would be three geese (including 
no more than one whitefront or brant). Possession limits would be twice 
the daily bag limit. For snow geese, the proposed hunting season would 
start October 28, 2000, and run 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 
nontribal 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 1999-2000 hunting season, the tribe reported that 85 
nontribal hunters took 170 Canada geese, 3 snow geese, and 100 ducks. 
Tribal members harvested less than 50 geese and 500 ducks.
    We concur with the Yankton Sioux proposal for the 2000-01 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, 
nongovernmental 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 the comment period past the date specified is contrary to 
the public interest.
    The Department of the Interior's policy is, whenever practicable, 
to afford the public an opportunity to 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

[[Page 50495]]

hours at the Service's office in room 634, 4401 North Fairfax Drive, 
Arlington, Virginia.
    Our practice is to make comments, including names and addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. In some circumstances, we would withhold from the rulemaking 
record a respondent's identity, as allowable by law. If you wish for us 
to withhold your name and/or address, you must state this prominently 
at the beginning of your comment. However, we will not consider 
anonymous comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.
    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 in the final rules.

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 2000-01 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 the Section 7 consultation are public 
documents available for public inspection in the Service's Division of 
Endangered Species and Division 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 
million and $1,084 million at small businesses in 1998. Copies of the 
Analysis are available upon request from the address indicated under 
the caption ADDRESSES.

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. 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 and 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

[[Page 50496]]

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 Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not ``significantly or uniquely'' affect small 
governments, and will not produce a Federal mandate of $100 million or 
more in any given year on local or State government or private 
entities. Therefore, this proposed rule is not a ``significant 
regulatory action'' under the Unfunded Mandates Reform Act.

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this proposed rule, has determined 
that this rule will not unduly burden the judicial system and meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, this proposed rule, 
authorized by the Migratory Bird Treaty Act, does not have significant 
takings implications and does not affect any constitutionally protected 
property rights. This rule will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, this rule will allow hunters to exercise 
otherwise unavailable privileges and, therefore, reduces 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 process 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 
13132, 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, 2000, 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 nontribal members may differ from those 
established by States in which the reservations, off-reservation trust 
lands, and ceded lands are located. The regulations will specify open 
seasons, shooting hours, and bag and possession limits for rails, coot, 
gallinules (including moorhen), woodcock, common snipe, band-tailed 
pigeons, mourning doves, white-winged doves, ducks (including 
mergansers), and geese.
    The rules that eventually will be promulgated for the 2000-01 
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 15, 2000.
Stephen C. Saunders,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-21158 Filed 8-17-00; 8:45 am]
BILLING CODE 4310-55-U