[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Proposed Rules]
[Pages 42712-42727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20381]



[[Page 42711]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on 
Certain Federal Indian Reservations and Ceded Lands for the 2001-02 
Season; Proposed Rule

  Federal Register / Vol. 66, No. 157 / Tuesday, August 14, 2001 / 
Proposed Rules  

[[Page 42712]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AH79


Migratory Bird Hunting; Proposed Migratory Bird Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands for 
the 2001-02 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 2001-02 migratory bird hunting season.

DATES: To comment on these proposed regulations, you must do so by 
August 24, 2001.

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 30, 2001, Federal Register (66 
FR 21298), we requested proposals from Indian tribes wishing to 
establish special migratory bird hunting regulations for the 2001-02 
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 29 Indian 
tribes, based on the input we received in response to the April 30, 
2001, 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 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 pertaining to migratory bird management 
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

[[Page 42713]]

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

    Habitat conditions in the traditional survey area were variable, 
and the estimate of May ponds (U.S. and Prairie Canada combined) is up 
(4.6  0.1 million, +18 percent) compared to 2000, and 
slightly below (-6 percent), but not statistically different from the 
long-term average. Continued drought produced fair to poor conditions 
in most of Alberta, central and southern Saskatchewan, and eastern 
Montana. By contrast, North and South Dakota generally had good to 
excellent water conditions, with the best conditions in the eastern 
portions of these States, and drier conditions to the north and west. 
Nesting cover in the Dakotas was in above-average condition. Southern 
Manitoba and extreme southeastern Saskatchewan have had higher than 
normal water conditions for the past 2 years, and this water, along 
with above-normal precipitation due to an early, snowy winter, produced 
excellent habitat for breeding ducks. Average to above-average 
precipitation also made for excellent wetland conditions across 
northern Manitoba and Saskatchewan. The northernmost portion of Alberta 
was the exception to the record drought and poor wetland conditions in 
the rest of the province, as above-average winter and spring 
precipitation filled nearly all available wetland basins. Good 
conditions for breeding ducks prevailed in the Northwest Territories, 
except for a small northern area that was rated only fair due to late 
spring ice conditions that reduced available breeding habitat for 
early-nesting species. Overall, conditions were good in the traditional 
survey area, and average to above-average waterfowl production is 
expected.
    In Alaska, breeding conditions depend largely on the timing of 
spring, as wetland conditions are less variable than on the prairies. 
Although winter temperatures were mild, spring was late, and waterfowl 
production will likely be below average to the north and west, and 
average to the south and east.
    In the eastern survey area, conditions were variable but generally 
good. Southern Ontario and Northern New York enjoyed an early spring, 
and with wetland basins nearly full, the outlook for breeding ducks is 
good. Spring was also early in Quebec, with good to excellent habitat 
in the central and Northern portions. However, southern Quebec was 
drier, and conditions there ranged from fair to poor. In Maine and the 
Maritime provinces spring was late, with lower than normal 
temperatures, but above-average precipitation, and habitat conditions 
were rated good throughout the region. Overall, eastern habitats were 
in good condition, with average to above-average production expected.
    The 2001 total duck population estimate for the traditional survey 
area was 36.1  0.6 million birds, 14 percent below last 
year's near-record estimate of 41.8  0.7 million birds, but 
still 9 percent above the 1955-2000 average. Mallard abundance was 7.9 
 0.2 million, which is 17 percent below last year's 
estimate but similar to the 1955-2000 average. Blue-winged teal 
abundance was estimated at 5.8  0.3 million. This is 23 
percent below last year's record estimate of 7.4 million, but 29 
percent above the 1955-2000 average. Gadwall (2.7  0.1 
million, +66 percent), green-winged teal (2.5  0.2 million, 
+39 percent) and, northern shovelers (3.3  0.2 million, +60 
percent) all remained above their long-term averages, while American 
wigeon (2.5 + 0.1 million), redheads (0.7  0.07 million), 
and canvasbacks (0.6  0.05 million) did not differ from 
their long-term averages. Scaup (3.7  0.2 million, -31 
percent) and northern pintail (3.3  0.3 million, -23 
percent) were again below the long-term average.
    The 2001 total duck population estimate for the eastern survey area 
was 3.3  0.2 million birds, similar to last year's total 
duck estimate of 3.2  0.3 million birds. Abundances of 
individual species were similar to those of last year, with the 
exception of ring-necked ducks (353.0  32 thousand, -43 
percent) and buffleheads (95.0  44 thousand, +93 percent). 
Buffleheads, goldeneyes, and lesser scaup were above the 1996-2000 
average in the east. Green-winged teal and ring-necked ducks were below 
the 1996-2000 average, and other species were similar to their long-
term averages.

Sandhill Cranes

    The Mid-Continent Population of sandhill cranes has generally 
stabilized at comparatively high levels, since increases that were 
recorded in the 1970-80s. The Central Platte River Valley, Nebraska, 
spring index for 2001, uncorrected for visibility, was 396,000. The 
photo-corrected 3-year average for 1998-2000 was 435,283, which is 
within the established population-objective range of 343,000-465,000 
cranes. All Central Flyway States, except Nebraska, allowed crane 
hunting in portions of their respective States in 2000-01. About 7,500 
hunters participated in these seasons, which was 13 percent higher than 
the number that participated in the previous year's seasons. About 
16,850 cranes were harvested in the Central Flyway during 2000-01 
seasons, which was similar to estimated harvests for the previous year. 
Retrieved harvests in the Pacific Flyway, Canada, and Mexico were 
estimated to be about 13,500 for the 2000-01 period. The total North 
American sport harvest, including crippling losses, was estimated to be 
about 34,600 cranes, which was about 2 percent lower than the previous 
year's estimates. The long-term trend analysis for the Mid-Continent 
Population during 1982-2000 indicates that harvests have been 
increasing at a higher rate than the trend in population growth over 
the same period.
    The fall 2000 pre-migration survey estimate for the Rocky Mountain 
Population of sandhill cranes was 19,990, which was similar to the 
previous year's estimate of 19,501. Limited special seasons were held 
during 2000 in portions of Arizona, Idaho, Montana, New Mexico, Utah, 
and Wyoming, resulting in a record high harvest of 810 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 2001 indicate that the number of 
displaying woodcock in the Eastern Region was not significantly 
different (P>0.10) from 2000 levels, although the point estimate of the 
trend was negative. In the Central Region, there was a 12.9 percent 
decrease (P0.05) in the number of woodcock heard displaying, compared 
to levels observed in 2000. Trends from the Singing-ground Survey 
during 1991-2001 were negative (-2.6 and

[[Page 42714]]

-2.5 percent per year for the Eastern and Central regions, 
respectively; P0.01). There were long-term (1968-01) declines (P0.01) 
of 2.5 percent per year in the Eastern Region and 1.6 percent per year 
in the Central Region.
    The 2000 recruitment index for the Eastern Region (1.4 immatures 
per adult female) was 27 percent higher than the 1999 estimate, but was 
18 percent below the long-term regional average. The recruitment index 
for the Central Region (1.2 immatures per adult females) was similar to 
1999, but was 29 percent below the long-term regional average. The 
index of daily hunting success in the Eastern Region decreased from 2.1 
woodcock per successful hunt in 1999 to 2.0 woodcock per successful 
hunt in 2000, and seasonal hunting success decreased 10 percent, from 
9.3 to 8.4 woodcock per successful hunter in 1999 and 2000, 
respectively. In the Central Region, the daily success index decreased 
5 percent from 2.1 woodcock per successful hunt in 1999 to 2.0 in 1998; 
and seasonal hunting success decreased 2 percent from 10.6 to 10.4 
woodcock per successful hunter.

Band-tailed Pigeons and Doves

    While a significant decline in the Coastal population of band-
tailed pigeons occurred between 1968-2000 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 2000 
was 45 percent above the previous 32-year average. Call-count surveys 
conducted in Washington showed a nonsignificant decline between 1975-
2000 and a nonsignificant increase between 1996-2000. Washington has 
opted not to select a hunting season for bandtails since 1991. The 
harvest of Coastal pigeons is estimated to be about 17,000 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. The preliminary 2000-01 harvest estimate from the 
Harvest Information Program was 4,800 birds.
    Analyses of Mourning Dove Call-count Survey data indicated 
significant declines in doves heard over the most recent 10 years and 
the entire 36 years of the survey in the Central and Western Management 
Units. In the Eastern Unit, there was a significant decline over 10 
years while no significant decline was noted over 36 years. 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 2000-01, the average number of 
doves heard per route decreased from 30.8 to 27.5. A low harvest 
(123,000 in 2000) is being maintained compared with birds taken several 
decades ago. In Texas, the phenomenon of the white-winged dove 
expansion continues. They are found throughout Texas except for a large 
section in the northeast part of the State in the Piney Woods. 
Whitewings primarily inhabit urban areas north of their historical 
range. The population of white-winged doves in the Lower Rio Grande 
Valley decreased 11 percent in 2001 due to drought conditions to an 
estimated 453,000 birds; in Upper South Texas, the count increased 7 
percent to 1,072,000; and, in West Texas, the count increased 11 
percent to 36,700. A more inclusive count of whitewings in San Antonio 
indicated an estimate of over 1 million birds within the city limits. 
Whitewings are increasing both in population density and expanding into 
suburban areas and cities where they have not previously existed. 
Hunting does not appear to be having any effect upon these northern 
urban nesters. Whitewing nesting has been documented in Arkansas, 
Oklahoma, and Missouri; they have been reported in Kansas, Nebraska, 
Iowa, Indiana, Minnesota, North Carolina, Ontario, and Newfoundland.
    White-tipped doves are maintaining a relatively stable population 
in the Lower Rio Grande Valley of Texas. They are most abundant in 
cities and, for the most part, not available to hunting. The count in 
2001 was 22 percent below that of 2000.

Hunting Season Proposals From Indian Tribes and Organizations

    For the 2001-02 hunting season, we received requests from 29 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 
2001 Federal Register that will include tribal regulations for the 
early-hunting season. The early season begins on September 1 each year 
and most commonly includes such species as American woodcock, sandhill 
cranes, mourning doves and white-winged doves. A final rule will also 
be published in a September 2001 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 24, 2001 (66 FR 38494); 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 29 tribes with proposals that 
meet the established criteria are shown below.

(a) Bois Forte Band of Chippewa, Nett Lake, Minnesota (Tribal Members 
and Non-Tribal Hunters)

    The Bois Forte Band of Chippewa is located in northern Minnesota, 
as specified in Federal Register 66, No. 83. Bois Forte is a 103,000-
acre land area, home to 800 Band members. The reservation includes Nett 
Lake, a 7,400-acre wild rice lake.
    In their 2001-2002 proposal, dated June 6, 2001, Bois Forte 
requested the authority to establish a duck season on their 
reservation. The season would be the same as that established by the 
State of Minnesota, except that shooting hours on opening day would be 
one-half hour before sunrise to one-half hour after sunset for tribal 
members. We note

[[Page 42715]]

that shooting hours for non-tribal members can only go from one-half 
hour before sunrise to sunset on reservation. Harvest under their 
proposal would not alter possession limits or species allowances 
already in place in Minnesota, but would only increase time allowance 
for hunting on opening day. Bois Forte requests these hours on opening 
day and for every hunting day for the remainder of the State's 
official, established season.
    Bag limits for non-tribal hunters will not be changed from current, 
State of Minnesota established levels. Non-tribal persons hunting on 
Nett Lake on the first day of the season will be required to complete a 
survey upon completion of the day's hunting requesting: (1) Name and 
contact information; (2) hunting permit number (State and tribal); (3) 
number of hours hunted; (4) location of hunting site; (5) tribal guide 
name; (6) number and species of waterfowl harvested in possession; and 
(7) number and species of waterfowl shot but not recovered. Results 
will be collected and tallied and subsequently compared to previous 
season data.
    The Band's Conservation Department regulates non-tribal harvest 
limits under the following regulations: (1) Non-tribal hunters must be 
accompanied at all times by a Band Member guide; (2) Non-tribal hunters 
must have in their possession a valid small game hunting license, a 
Federal migratory waterfowl stamp, and a Minnesota State waterfowl 
stamp; (3) Non-tribal hunters and Band Members must have only Service-
approved non-toxic shot in possession at all times; (4) Non-tribal 
hunters must conform to possession limits established and regulated by 
the State on Minnesota and the Bois Forte Band.
    We propose to approve the Bois Forte Band of Chippewa regulations 
for the 2001-02 hunting season.

(b) 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 2001-02 proposal, the Colorado River Indian Tribes 
requested split dove seasons. They propose their early season begin 
September 1 and end September 15, 2001. 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 16, 2001, and 
close January 13, 2002. The 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 6, 2001, and run until January 6, 2002. The tribes 
propose the same season dates for mergansers, coots and common 
moorhens. The daily bag limit for ducks, including mergansers, would be 
the same as that allowed under Pacific Flyway Frameworks, except that 
the daily bag limits could contain no more than two goldeneye and two 
cinnamon teal. The possession limit would be twice the daily bag limit. 
The daily bag and possession limit for coots and common moorhens would 
be 25, singly or in the aggregate.
    For geese, the Colorado River Indian Tribes propose a season of 
November 17, 2001, through January 13, 2002. The daily bag limit for 
geese would be four, but could include no more than three light geese 
or two dark geese. The possession limit would be eight, but could 
include no more than six light geese or four 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 2001-02 hunting season.

(c) 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 tribe's proposed special regulations for waterfowl 
hunting were submitted in a May 21, 2001, 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 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 2001-02 hunting season.

(d) 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 2001 proposal, the tribe requested a duck and merganser 
season of October 6, to December 18, 2001, with a daily bag limit of 
six ducks, including no more that five mallards (only two of which may 
be hens), one canvasback, two redheads, two wood ducks, three scaup, 
and one pintail. The merganser daily bag limit would be five and 
include no more than one hooded merganser. The daily bag limit for 
coots would be 15. For Canada geese, the tribe proposes a September 29, 
2001, to January 3, 2002, season with a three-bird daily bag limit. For 
white-fronted geese, the tribe proposes a September 29, to December 23, 
2001, season with a daily bag limit of two. For snow geese, the tribe 
proposes a September 29, 2001, to January 3, 2002 season with a daily 
bag limit of 20. Similar to the last

[[Page 42716]]

several years, the tribe also requests a sandhill crane season from 
September 15 to October 21, 2001, 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. Total harvest on the 
reservation in 2000 was estimated to be 179 ducks and 868 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.

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

    Since 1996, the Service and the Fond du Lac Band of Lake Superior 
Chippewa Indians have cooperated to establish special migratory bird 
hunting regulations for tribal members. The Fond du Lac's May 24, 2001, 
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 2001-02 is essentially the same as that 
approved last year. Specifically, the Fond du Lac Band proposes a 
September 15 to December 2, 2001, season on ducks, mergansers, coots 
and moorhens, and a September 1 to December 17, 2001, season for geese. 
For sora and Virginia rails, snipe, and woodcock, the Fond du Lac Band 
proposes a September 1 to December 2, 2001, 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: 8 common snipe.
    Woodcock: 3 woodcock.
    The following general conditions apply:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid tribal waterfowl hunting permit.
    2. Except as otherwise noted, tribal members will be required to 
comply with tribal codes that will be no less restrictive than the 
provisions of Chapter 10 of the Model Off-Reservation Code. Except as 
modified by the Service rules adopted in response to this proposal, 
these amended regulations parallel Federal requirements in 50 CFR part 
20 as to hunting methods, transportation, sale, exportation, and other 
conditions generally applicable to migratory bird hunting.
    3. Band members in each zone will comply with State regulations 
providing for closed and restricted waterfowl hunting areas.
    4. There are no possession limits on any species, unless otherwise 
noted above. For purposes of enforcing bag 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.
    We propose to approve the request for special migratory bird 
hunting regulations for the Fond du Lac Band of Lake Superior 
Chippewas.

(f) 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 2001-02 season, the Grand Traverse Band of Ottawa and 
Chippewa Indians proposes that the tribal member duck season would run 
from September 15, 2001, through January 15, 2002. A daily bag limit of 
12 would include no more than 2 pintail, 2 canvasback, 1 hooded 
merganser, 3 black ducks, 3 wood ducks, 3 redheads, and 6 mallards 
(only 3 of which may be hens). For Canada geese, the tribe proposes a 
September 1 through November 30, 2001, and a January 1, 2002, through 
February 8, 2002, season. For white-fronted geese, brant, and snow 
geese, the tribe proposes a September 20 through November 30, 2001, 
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, 2001, season. The daily bag limit shall not exceed 
five birds per species.
    For mourning doves, the tribe proposes a September 1 to November 
14, 2001, season. The daily bag limit would be 10.
    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. Harvest surveys from the 2000-2001 
hunting season indicate that approximately 30 tribal hunters harvested 
an estimated 275 ducks and 100 Canada geese. This hunter survey 
represents 8 percent of the Grand Traverse Band license holders.
    We propose to approve the Grand Traverse Band of Ottawa and 
Chippewa Indians' requested 2001-02 special migratory bird hunting 
regulations.

(g) 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 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

[[Page 42717]]

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 point 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.
    In a June 1, 2001, letter, the GLIFWC proposed off-reservation 
special migratory bird hunting regulations for the 2001-02 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, 
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 2000-01 season.
    Results of 1987-98 hunter survey on off-reservation tribal duck 
harvest in the Wisconsin/Michigan entire ceded territory ranged from 
1,022 to 2,374 with an average of 1,422. Estimated goose harvest has 
ranged from 72 to 586, with an average of 310. Under the proposed 
regulations, harvest is expected to remain within these ranges. Tribal 
harvest in the Minnesota ceded territory is anticipated to be much 
smaller than in the Wisconsin/Michigan area since waterfowl hunting has 
been limited to 10 individuals thus far. Due to the limited 
distribution of doves and dove habitat in the ceded territory, and the 
relatively small number of tribal off-reservation migratory bird 
hunters, harvest is expected to be negligible.
    We believe that regulations advanced by the GLIFWC for the 2001-02 
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 2001-02 waterfowl hunting season regulations 
are as follows:
Ducks
    A. Wisconsin and Minnesota 1837 and 1842 Zones:
    Season Dates: Begin September 15 and end December 2, 2001.
    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 2, 2001.
    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 2, 2001.
    Daily Bag Limit: Five mergansers.

    Geese: All Ceded Areas.
    Season Dates: Begin September 1 and end December 2, 2001. 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 2, 2001.
    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 2, 2001.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.

    C. Common Snipe:
    Season Dates: Begin September 15 and end December 2, 2001.
    Daily Bag Limit: Eight common snipe.

    D. Woodcock:
    Season Dates: Begin September 4 and end December 2, 2001.
    Daily Bag Limit: Five woodcock.

    E. Mourning Dove: 1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end October 30, 2001.
    Daily Bag Limit: 15 mourning dove.
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 
model ceded territory conservation codes approved by federal courts in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs 
Band v. State of Minnesota cases. The respective Chapter 10 of these 
Model Codes regulate territory migratory bird hunting. 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. Particular regulations of note include:
    A. Nontoxic shot will be required for all waterfowl hunting.
    B. 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.
    C. 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.

[[Page 42718]]

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 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.
    D. The tribe proposes that the baiting restrictions included in the 
respective sections 10.05 (2)(h) of the model ceded territory 
conservation codes be amended to include language which parallels that 
in place for non-tribal members as published in 64 FR 29804, June 3, 
1999.
    E. They also propose to remove the shell limit restrictions 
included in the respective sections 10.05 (2)(b) of the model ceded 
territory conservation codes.
    4. Michigan--Duck Blinds and Decoys. Tribal members hunting in 
Michigan will comply with tribal codes that contain provisions that 
parallel applicable Michigan laws concerning duck blinds and/or decoys.

(h) 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 9, 2001, proposal, the tribe proposed a 2001-02 waterfowl 
season beginning October 6 and a closing date of November 30, 2001. 
Daily bag and possession limits for waterfowl 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 2000-01 season, estimated 
duck harvest was 533, a significant decrease from 1,317 in 1999-2000, 
but within the historical range. The species composition in the past 
has included mainly mallards, gadwall, teal, and wigeon. Northern 
pintail comprised only 1 percent of the total harvest in 2000. The 
estimated harvest of geese was 10 birds.
    The proposed regulations are essentially the same as were 
established last year. The tribe anticipates the maximum 2001-02 
waterfowl harvest would be around 800 ducks and 20-30 geese.
    We propose to approve the tribe's requested 2001-02 hunting 
seasons.

(i) 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 2001-02 migratory bird hunting seasons, the Kalispel Tribe 
proposed, in a May 15, 2001, letter, tribal and nontribal member 
waterfowl seasons. For nontribal members, the tribe requests that the 
season for ducks begin September 15, 2001, and end January 31, 2002. In 
that period, nontribal hunters would be allowed to hunt approximately 
92 days. Hunters should obtain further information on specific hunt 
days from the Kalispel Tribe. The tribe also requests the season for 
geese begin on September 1, to September 16, 2001, and begin on 
September 28, 2001, to January 31, 2002. Daily bag and possession 
limits would be the same as those for the State of Washington.
    The tribe reports a 2000-01 nontribal harvest of 175 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 propose 
outside frameworks for ducks and geese of September 15, 2001, through 
January 31, 2002. However, during that period, the tribe proposes that 
the season run continuously. Daily bag and possession limits would be 
concurrent with the Federal rule.
    The tribe reports that there was no 2000-01 tribal harvest. Under 
the proposal, the tribe expects harvest to be less than 500 birds for 
the season with less than 200 geese. 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 2001-02 
season, outside Federal frameworks for ducks in the Pacific Flyway are 
September 29, 2001, through January 20, 2002. For geese, frameworks for 
special early Canada goose seasons are September 1 through September 
15, 2001, while regular seasons frameworks are September 29, 2001, 
through January 20, 2002. All seasons for nontribal hunters must 
conform with the 107-day maximum season length established by the 
Treaty.

(j) 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 May 31, 2001, letter, the Klamath Tribe proposed season dates 
of October 1, 2001, through January 28, 2002. 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

[[Page 42719]]

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.

(k) 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 2001-02 season, the tribe requests a duck season starting 
on September 15 and ending December 31, 2001. They request a goose 
season to run from September 1 through December 31, 2001. Daily bag 
limits for both ducks and geese would be 10. Possession limits would be 
twice the daily bag limit. Shooting hours are one-half hour before 
sunrise to one-half hour after sunset.
    The annual harvest by tribal members on the Leech Lake Reservation 
is estimated at 1,000-2,000 birds.
    We propose to approve the Leech Lake Band of Ojibwe's requested 
2001-02 special migratory bird hunting regulations.

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

    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 season. Ceded lands 
are located in Lake, Mason, Manistee, and Wexford Counties.
    For the 2001-02 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 seasons 
will run from September 29 through December 5, 2001. 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. Possession limits for mergansers is 10, only 2 of which may 
be hooded mergansers. 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, 2001, early season, a September 16 through December 2, 
2001, regular season, and a February 2 through February 17, 2002, late 
season. Daily bag limits would be five geese in the early and late 
season and two geese in the regular portion of the season. The 
possession limit would be twice the daily bag limit. For white-fronted 
geese, blue geese, and snow geese, the tribe proposes a September 16 
through December 2, 2001, season. The daily bag limit for all geese 
(including brant) would be 10 birds, which could include no more than 2 
white-fronted geese or 2 brant. Possession limits would be 30.
    For snipe, woodcock, and rails, the tribe proposes a September 15 
to November 14, 2001, 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.
    The tribe proposes to monitor harvest through mail surveys. General 
Conditions are as follows:
    A. All tribal members will be required to obtain a valid tribal 
resource card and 2001-02 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    C. Particular regulations of note include:
    (1) Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    (2) 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 
parallels state regulations.
    (3) 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.
    D. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
    We propose to approve Little River Band of Ottawa Indians' 
requested 2001-02 special migratory bird hunting regulations.

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

    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 2001-02 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, 2001, 
through January 20, 2002 season. 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, 2001 through 
January 20, 2002, season. For white-fronted geese, brant, and snow 
geese, the tribe proposes an October 1 through November 30, 2001, 
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. Possession limits are twice the daily bag limit.
    For woodcock, snipe, and sora rail, the tribe proposes a September 
1 to November 14, 2001, season. The daily bag limit shall not exceed 
five birds per species. The possession limit shall not exceed two days 
bag limit for all birds.
    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 2001-02 special migratory bird hunting regulations.

(n) 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

[[Page 42720]]

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 2001-02 season, the two parties have come to an 
agreement that provides 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 2001-02 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 6, 2001, through January 10, 2002. 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 29-30, 2001.
    The tribe's proposed Canada goose season would run from October 20, 
2001, through January 22, 2002, with a daily bag limit of three Canada 
geese. The tribe's proposed white-fronted goose season would run from 
October 20, 2001, through January 13, 2002, with a daily bag limit of 
two white-fronted geese. The tribe's proposed light goose season would 
run from October 20, 2001, through January 19, 2002, and February 24 
through March 10, 2002. The light goose daily bag limit would be 20. 
Possession limits would be twice the daily bag limits.
    In the 2000-01 season, hunters harvested an estimated 1,546 geese 
and 396 ducks. In 2000, duck harvest species composition was primarily 
mallard (88 percent), gadwall (7 percent), and green-winged teal (3 
percent). Goose harvest species composition in 2000 at Mni Sho Sho was 
approximately 95 percent Canada geese, 4 percent snow geese, and 1 
percent white-fronted geese. Harvest of geese harvested by other 
hunters was approximately 68 percent Canada geese, 31 percent snow 
geese, and 1 percent white-fronted geese. However, typical harvest is 
100 percent Canada geese with less than 1 percent snow geese.
    The tribe anticipates a duck harvest similar to last year and a 
goose harvest below the target harvest level of 3,000 to 4,000 geese. 
All basic Federal regulations contained in 50 CFR part 20, including 
the use of steel shot, Migratory Waterfowl Hunting and Conservation 
Stamp, etc., would be observed by the tribe's proposed regulations. In 
addition, the Lower Brule Sioux Tribe has an official Conservation Code 
that was established by Tribal Council Resolution in June 1982 and 
updated in 1996.
    We propose to approve the tribe's requested regulations for the 
Lower Brule Reservation.

(o) Makah Indian Tribe, Neah Bay, Washington (Tribal Members)

    For the first time, the Makah Indian Tribe and the Service are 
cooperating to establish special regulations for migratory game birds 
on the Makah Reservation and traditional hunting land off the Makah 
Reservation for the 2001-02 hunting season. Lands off the Makah 
Reservation are those contained within the boundaries of the State of 
Washington Game Management Units 601-603 and 607.
    The Makah Indian Tribe proposes a duck and coot hunting season from 
September 15, 2001, to January 13, 2002. The daily bag limit is seven 
ducks including no more than one canvasback and one redhead. The daily 
bag limit for coots is 25. The tribe has a year-round closure on wood 
ducks and harlequin ducks. For geese, the tribe proposes the season 
open on September 8, 2001, and close January 13, 2002. The daily bag 
limit for geese is four. The tribe notes that there is a year-round 
closure on Aleutian and Dusky Canada geese. Shooting hours for all 
species of waterfowl are one-half hour before sunrise to sunset.
    The tribe anticipates that harvest under this regulation will be 
relatively low since fewer than 20 hunters are likely to participate at 
this time. The tribe expects fewer than 70 ducks and 20 geese are 
expected to be harvested during the 2001-02 migratory bird hunting 
season.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The following restrictions are also proposed by the tribe: (1) 
As per Makah Ordinace 44, only shotguns may be used to hunt any species 
of waterfowl. Additionally, shotguns must not be discharged within 0.25 
miles of an occupied area; (2) Hunters must be eligible, enrolled Makah 
tribal members and must carry their Indian Treaty Fishing and Hunting 
Identification Card while hunting. No tags or permits are required to 
hunt waterfowl; (3) The Cape Flattery area is open to waterfowl 
hunting, except in designated wilderness areas, or within one mile of 
Cape Flattery Trail, or in any area that is closed to hunting by 
another ordinance or regulation; (4) The use of live decoys and/or 
baiting to pursue any species of waterfowl is prohibited; (5) Steel or 
bismuth shot only for waterfowl is allowed; the use of lead shot is 
prohibited; (6) The use of dogs is permitted to hunt waterfowl.
    We propose to approve the Makah Indian Tribe's requested 2001-02 
special migratory bird hunting regulations.

(p) 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.
    The tribe requests special migratory bird hunting regulations on 
the reservation for both tribal and nontribal members for the 2001-02 
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, 2001, with daily bag limits 
of 10 and 5 for mourning dove and band-tailed pigeon, respectively. 
Possession limits would be twice the daily bag limits.
    The Nation requires 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, 50 band-

[[Page 42721]]

tailed pigeons, 500 ducks, coots, and mergansers, and 300 Canada geese 
for the 2001-02 season. Harvest will be measured by mail survey forms. 
The tribe will take action to close the season, reduce bag limits, or 
take other appropriative actions if the harvest is detrimental to the 
migratory bird resource through the established Tribal Nation Code, 
Title 17 and 18 U.S.C. 1165.
    We propose to approve the Navajo Nation's request for these special 
regulations for the 2001-02 migratory bird hunting seasons.

(q) 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 11, 2001, letter, the tribe proposed special migratory 
bird hunting regulations. For ducks, the tribe described the general 
``outside dates'' as being September 29 through November 30, 2001, 
inclusive. The tribe proposes a daily bag limit of six birds, which 
could include no more than six mallards (three hen mallards), 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, 2001, with a daily bag limit of three Canada geese. 
Hunters will be issued three tribal tags for geese in order to monitor 
goose harvest. An additional three tags will be issued each time birds 
are registered. The tribe will close the season November 17 to 25, 
2001. If a quota of 150 geese is attained before the season concludes, 
the tribe will recommend closing the season early.
    For woodcock, the tribe proposes a season between September 1 and 
November 12, 2001, with a daily bag and possession limit of 5 and 10, 
respectively.
    The tribe proposes shooting hours be one-half hour before sunrise 
to one-half hour after sunset. Nontribal members hunting on the 
Reservation or on lands under the jurisdiction of the tribe must comply 
to all State of Wisconsin regulations. 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 part 20, 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 is not 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.

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

    Since 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, have 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.
    For the 2001-02 season, we have not yet heard from the tribe 
regarding this season's proposal. Based on last year, we assume the 
tribe would request seasons for ducks, geese, brant, coots, snipe, and 
mourning doves. For ducks, coots, geese, brant, and snipe, the season 
would run from September 15, 2001, to January 15, 2002, 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 season would 
start September 1, 2001, and end January 15, 2002, 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 in 
1999 under similar regulations was approximately 185 ducks, 22 geese, 
and 15 coots.
    We propose to approve the Point No Point Treaty Tribe's 2001-02 
regulations provided the tribe provides the appropriate confirmation 
for the seasons.

(s) 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 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 2001-02 season, the Seminole Tribe proposes establishing a 
mourning dove season from September 16, 2001, through January 20, 2002. 
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 anticipated harvest of doves taken during the 2001 
season would be limited to 12,000 birds. The tribe controls all entry 
to the hunt area.
    We propose to approve the Seminole Tribe's requested 2001-02 
special migratory bird hunting regulations.

(t) 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 2001-02 hunting season, provided the duck and goose hunting 
season dates are the same as on the reservation.
    In a May 30, 2001, proposal for the 2001-02 hunting season, the 
Shoshone-Bannock Tribes requested a continuous duck (including 
mergansers) season with the maximum number of days and

[[Page 42722]]

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, 2001, and a closing date of 
January 4, 2002. 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 in 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, 2001, and a closing 
date of January 11, 2002. 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 2001-02 hunting 
season.

(u) 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.
    For 2001-02, the tribe requested to establish duck and coot seasons 
that would run from September 15, 2001, through January 15, 2002. 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 the daily bag limit would be 25. For snipe, the tribe proposes 
the season start on September 15, 2001, and end on January 15, 2002. 
The daily bag limit for snipe would be eight. For geese, the tribe 
proposes establishing a season that would run from September 15, 2001, 
through January 15, 2002. The daily bag limit for geese would be four 
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 proposes to establish a September 15 to December 31, 
2001, season with a daily bag limit of two. The tribe also propose a 
September 1 to December 31, 2001, season for band-tailed pigeons with a 
daily bag limit of five.
    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 that 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 2001-02 special 
migratory bird hunting regulations.

(v) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only)

    For the first time, the Stillaguamish Tribe of Indians and the 
Service are cooperating to establish special regulations for migratory 
game birds. The Tribe is proposing regulations to hunt all open and 
unclaimed lands under the Treaty of Point Elliott of January 22, 1855, 
including their main hunting grounds around Camano Island, Skagit 
Flats, Port Susan to the border of the Tulalip Tribe's Reservation. 
Ceded lands are located in Whatcom, Skagit, Snohomish, and Kings 
Counties, and a portion of Pierce County, Washington. The Stillaguamish 
Tribe of Indians is a federally recognized tribe and reserves the 
Treaty Right to hunt (U.S. v. Washington).
    The tribe proposes that duck (including mergansers, sea ducks, and 
coots), goose, and snipe seasons run from October 1, 2001 to January 
31, 2002. The daily bag limit on ducks (including sea ducks and 
mergansers) is 10 and allows 3 more of each species than permitted in 
the State of Washington under final Federal frameworks. The daily bag 
limit for coot is 25. For geese, the daily bag limit is six. The season 
on brant is closed for conservation measures. The daily bag limit for 
snipe is ten. Possession limits are totals of two daily bag limits.
    Harvest is regulated by a punch card system. Tribal members hunting 
on lands under this proposal will observe all basic Federal migratory 
bird hunting regulations found in 50 CFR part 20, which will be 
enforced by the Stillaguamish Tribal Law Enforcement. Tribal members 
are required to use steel shot or a non-toxic shot as required by 
Federal regulations.
    The tribe anticipates a total harvest of 200 ducks, 100 geese, 50 
mergansers, 100 coots, and 100 snipe. Anticipated harvest needs include 
subsistence and ceremonial needs. Certain species may be closed to 
hunting for conservation purposes, and consideration for the needs of 
certain species will be addressed.
    The Service proposes to approve the request for special migratory 
bird hunting regulations for the Stillaguamish Tribe of Indians.

(w) 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. The Swinomish Reservation was established by the Treaty of 
Point Elliott of January 22, 1855, and lies in the Puget Sound area 
north of Seattle, Washington.
    The tribe proposes to establish a migratory bird hunting season on 
all areas that are open and unclaimed and consistent with the meaning 
of the treaty. The tribe requests to establish duck, merganser, Canada 
goose, brant, and coot seasons 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 its season. 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 300 ducks, 50 Canada geese, 75 
mergansers, 100 brant, and 50 coot. The Swinomish utilize a report card 
and permit system to monitor harvest and will implement steps to limit 
harvest where conservation is needed. All tribal regulations will be 
enforced by tribal fish and game officers.
    On reservation, the Tribal Community would propose a hunting season 
for the above-mentioned species beginning on the earliest possible 
opening date and closing March 9, 2002. The Swinomish manage harvest by 
a report card permit 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

[[Page 42723]]

not adversely affect migratory bird populations. We propose to approve 
the Tribal Community's regulations for the 2001-02 season.

(x) 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 
just north of the City of Everett in Snohomish County, 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 1, 2001, letter, the Tulalip Tribes proposed tribal and 
nontribal hunting regulations for the 2001-02 season. Migratory 
waterfowl hunting by Tulalip Tribal members is authorized by Tulalip 
Tribal Ordinance No. 67. All lands within the boundaries of the Tulalip 
Tribes Reservation are closed to non-members hunting unless opened by 
Tulalip Tribal regulations. For ducks, mergansers, coot, and snipe, the 
proposed season for tribal members would be from September 15, 2001, 
through February 1, 2002. 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. 
Ceremonial hunting may be authorized by the Department of Natural 
Resources at any time upon application of a qualified tribal member. 
Such a hunt shall have a bag limit designed to limit harvest only to 
those birds necessary to provide for the ceremony.
    For geese, tribal members are proposed to be allowed to hunt from 
September 15, 2001, through February 1, 2002. 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 for those tribal members who engage in 
subsistence hunting of 365 ducks and 365 geese.
    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.

(y) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only)

    For the first time, the Upper Skagit Indian Tribe and the Service 
are cooperating to establish special regulations for migratory game 
birds. The tribe has jurisdiction over lands within Skagit and Whatcom 
Counties, Washington. Migratory bird hunting would take place in 
Washington State Game Units 407, 437, and 418, which comprises the 
northern portion of the lands under tribal jurisdiction. Tribal hunters 
are issued a harvest report card that will be shared with the State of 
Washington.
    For the 2001-02 season, the tribe proposes a duck season, which 
includes coots, starting on November 1, 2001, and ending February 8, 
2002. The tribe proposes a daily bag limit of 15 with a possession 
limit of 20. The coot daily bag limit is 20 with a possession limit of 
30. The tribe proposes a goose season from November 1, 2001, to 
February 8, 2002 with a daily bag limit of seven geese and five brant. 
The possession limit for geese and brant are 10 and 7, respectively.
    The tribe proposes a mourning dove season between September 1, to 
December 31, 2001, with a daily bag limit of 12.
    The anticipated migratory bird harvest under this proposal would be 
100 ducks, 5 geese, 2 brant, and 10 coots. Tribal members must have the 
tribal identification and harvest report card on their person to hunt. 
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 Upper Skagit Indian Tribe and requests 
that the tribe closely monitor harvest in this first season of 
establishing special migratory bird hunting regulations.

(z) 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 
own wildlife laws and regulations through the natural resources 
department.
    For the 2001-02 season, the tribe proposes a duck season of October 
27, 2001, to February 23, 2002. The tribe proposes a daily bag limit of 
six birds, which could include no more than two hen mallards, two black 
ducks, two mottled ducks, one fulvous whistling duck, four mergansers, 
three scaup, one hooded merganser, two wood ducks, one canvasback, two 
redheads, one pintail, 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 27, 
2001, and February 23, 2002, with a daily bag limit of seven, which 
could include no more than four of any one species unless otherwise 
noted above.

[[Page 42724]]

    For geese, the tribe requests a season between September 15, to 
September 22, 2001, and November 3, 2001, to February 23, 2002, with a 
daily bag limit of 5 Canada geese during the first period and three 
Canada geese during the second period. They propose a daily bag limit 
of 15 snow geese.
    For woodcock, the tribe proposes a season between October 13 and 
November 17, 2001, with a daily bag limit of three.
    The tribe currently has 20 registered tribal hunters and estimates 
harvest to be no more than 40 geese, 50 mallards, 50 teal, 50 black 
ducks, and 50 of all other species combined. 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.

(aa) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members 
Only)

    The White Earth Band of Ojibwe 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. The tribe 
and the Service first cooperated to establish special tribal 
regulations in 1999.
    For the 2001-02 migratory bird hunting season, the White Earth Band 
of Ojibwe request a duck, merganser, and coot season to start September 
15 and end December 16, 2001. For ducks, they request a daily bag limit 
of 10 including no more than 2 mallards and 2 canvasback. The merganser 
daily bag limit would be 5 with no more than 2 hooded mergansers, and 
the coot daily bag limit would be 20. For geese, the tribe proposes a 
September 1 to December 16, 2001, season with a daily bag limit of five 
geese.
    For dove, rail, woodcock, and snipe, the tribe would propose a 
September 8 to December 31, 2001, season with daily bag limits of 25 
doves, 25 rails, 10 woodcock, and 10 snipe. Shooting hours are one-half 
hour before sunrise to one-half hour after sunset. Nontoxic shot is 
required.
    Based on past harvest surveys, the tribe anticipates harvest of 
1,000 to 2,000 Canada geese and 1,000 to 1,500 ducks. White Earth 
Reservation Tribal Council employs 4 full-time Conservation Officers to 
enforce migratory bird regulations.
    We propose to approve the White Earth Band of Ojibwe requested 
2001-02 special migratory bird hunting regulations.

(bb) 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 2001-02 season. The length of 
the Black River east of the Black River/Bonito Creek confluence is 
closed to waterfowl hunting. All other waters of the reservation would 
be closed to waterfowl hunting for the 2001-02 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 20, 2001, and a closing date of January 20, 
2002. 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 20, 2001, through January 20, 2002. 
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 5 through September 19, 2001, in Wildlife 
Management Unit 10 and all areas south of Y-70 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 
2001-02 season.

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

    On May 16, 2001, the Yankton Sioux Tribe submitted a waterfowl 
hunting proposal for the 2001-02 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 ducks (including mergansers) and coots, the Yankton Sioux Tribe 
proposes a season starting October 13, 2001, and running for the 
maximum amount of days allowed under the final Federal frameworks. 
Daily bag and possession limits would be 6 ducks, which may include no 
more than 5 mallards (no more than 2 hens), 1 canvasback, 2 redheads, 3 
scaup, 1 pintail, or 2 wood ducks. The bag limit for mergansers is 5, 
which would include no more than 1 hooded merganser. The coot daily bag 
limit is 15. For geese, the tribe has requested a dark geese (Canada 
geese, brant, white-fronts) season starting October 27, 2001, and 
closing January 31, 2002. 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 white geese, the proposed 
hunting season would start October 27, 2001, 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 2000-01 hunting season, the tribe reported that 73 
nontribal hunters took 302 Canada geese, 10 light geese, and 79 ducks. 
Thirty tribal

[[Page 42725]]

members harvested less than 50 geese and 50 ducks.
    We concur with the Yankton Sioux proposal for the 2001-02 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 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 2001-02 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 is a 
public document 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 billion 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

[[Page 42726]]

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 07/31/2003). 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 
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), E.O. 13175, 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.

Energy Effects--E.O. 13211

    On May 18, 2001, the President issued an Executive Order (E.O. 
13211) on regulations that significantly affect energy supply, 
distribution, and use. E.O. 13211 requires agencies to prepare 
Statements of Energy Effects when undertaking certain actions. As this 
supplemental proposed rule is not expected to significantly affect 
energy supplies, distribution, or use, this proposed action is not a 
significant energy action and no Statement of Energy Effects is 
required.

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, 2001, 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 2001-02 
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

[[Page 42727]]

authorizes and directs the Secretary of the Interior, having due regard 
for the zones of temperature and for the distribution, abundance, 
economic value, breeding habits, and times and lines of flight of 
migratory game birds, to determine when, to what extent, and by what 
means such birds or any part, nest, or egg thereof may be taken, 
hunted, captured, killed, possessed, sold, purchased, shipped, carried, 
exported, or transported.

    Dated: August 7, 2001.
Joseph E. Doddridge,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-20381 Filed 8-13-01; 8:45 am]
BILLING CODE 4310-55-P