43042 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AE14

Migratory Bird Hunting; Proposed

Migratory Bird Hunting Regulations on

Certain Federal Indian Reservations

and Ceded Lands for the 1997–98

Season

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: This rule proposes special

migratory bird hunting regulations for

certain tribes on Federal Indian

reservations, off-reservation trust lands,

and ceded lands for the 1997–98

migratory bird hunting season.

DATES: The comment period for these

proposed regulations will end on

August 21, 1997.

ADDRESSES: Comments should be sent

to: Chief, Office of Migratory Bird

Management, U.S. Fish and Wildlife

Service, ms 634—ARLSQ, 1849 C St.,

NW., Washington, DC 20240. Comments

received, if any, on these proposed

special hunting regulations and tribal

proposals will be available for public

inspection during normal business

hours in Room 634—Arlington Square

Building, 4401 N. Fairfax Drive,

Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Ron

W. Kokel, Office of Migratory Bird

Management, U.S. Fish and Wildlife

Service, (703/358–1714).

SUPPLEMENTARY INFORMATION: In the

March 13, 1997, Federal Register (62 FR

12054), the Service requested proposals

from Indian tribes wishing to establish

special migratory bird hunting

regulations for the 1997–98 hunting

season, under the guidelines described

in the June 4, 1985, Federal Register (50

FR 23467). The Service developed

guidelines in response to tribal requests

for recognition of their reserved hunting

rights and, for some tribes, recognition

of their authority to regulate hunting by

both tribal and non-tribal members on

their reservations. The guidelines

include possibilities for:

(1) on-reservation hunting by both

tribal and 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 usual Federal

frameworks for season dates and length,

and for daily bag and possession limits;

and

(3) off-reservation hunting by tribal

members on ceded lands, outside of

usual framework dates and season

length, with some added flexibility in

daily bag and possession limits.

In all cases, the regulations

established under the guidelines must

be consistent with the March 10 to

September 1 closed season mandated by

the 1916 Migratory Bird Treaty with

Canada. The guidelines apply to those

tribes having recognized reserved

hunting rights on Federal Indian

reservations (including off-reservation

trust lands) and on ceded lands. They

also apply to establishing migratory bird

hunting regulations for 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 nonIndians 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 nonIndians on these lands. In such cases,

the Service encourages the tribes and

States to reach agreement on regulations

that would apply throughout the

reservations. When appropriate, the

Service will consult with a tribe and

State with the aim of facilitating an

accord. The Service also will consult

jointly with tribal and State officials in

the affected States where tribes wish to

establish special hunting regulations for

tribal members on ceded lands.

Because of past questions regarding

interpretation of what events trigger the

consultation process, as well as who

initiates it, the Service provides the

following clarification. The Service

routinely provides copies of Federal

Register publications to all State

Directors, tribes and others interested

parties. It is the responsibility of the

States, tribes and others to notify the

Service of any concern regarding any

feature(s) of any regulations to the

attention of the Service. When the

Service receives such notification, we

will initiate consultation.

Service guidelines provide for the

continued harvest of waterfowl and

other migratory game birds by tribal

members on reservations where it has

been a customary practice. The Service

does not oppose this harvest, provided

it does not take place during the closed

season defined by the 1916 Migratory

Bird Convention with Canada, and does

not adversely affect the status of the

migratory bird resource.

Before developing the guidelines, the

Service reviewed available information

on the current status of migratory bird

populations; reviewed the current status

of migratory bird hunting on Federal

Indian reservations; and evaluated the

potential impact of such guidelines on

migratory birds. The Service concluded

that the impact of migratory bird harvest

by tribal members hunting on their

reservations is minimal.

One area of interest in Indian

migratory bird hunting regulations

relates to hunting seasons for 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) details on the harvest anticipated

under the requested regulations;

(b) methods to be used in measuring

or monitoring harvest (such as bag

checks, mail questionnaires, etc.);

(c) steps to be used 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) the tribes ability to establish and

enforce migratory bird hunting

regulations.

The Service may modify or establish

regulations experimentally, after

evaluation and confirmation of harvest

information obtained by the tribes.

The Service believes the guidelines

provide appropriate opportunity to

accommodate the reserved hunting

rights and management authority of

Indian tribes while ensuring that the

migratory bird resource receives

necessary protection. The conservation

of this important international resource

is paramount. The guidelines should not

be viewed as inflexible. In this regard,

the Service notes that they have been

employed successfully since 1985. The

Service believes they have been tested

adequately and therefore, made them

final beginning with the 1988–89

hunting season. It should be stressed

here, however, that use of the guidelines

is not mandatory and no action is

required if a tribe wishes to observe the
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 43043

hunting regulations established by the

State(s) in which the reservation is

located.

In summary, this document proposes

1997–98 season migratory bird hunting

regulations for participating tribes.

Hunting Season Proposals from Indian

Tribes and Organizations

For the 1997–98 hunting season, the

Service received requests from twenty

tribes and Indian organizations

appropriate for Federal Register

publication.

The Service actively solicits

regulatory proposals from other tribal

groups that have are interested in

working cooperatively for the benefit of

waterfowl and other migratory game

birds. The Service encourages tribes to

work with us to develop agreements for

management of migratory bird resources

on tribal lands.

It should be noted that this proposed

rule includes generalized regulations for

both early- and late-season hunting. A

final rule will be published later in an

August 1997 Federal Register that will

include tribal regulations for the earlyhunting season. The early season begins

on September 1 each year and most

commonly includes such species as

mourning doves and white-winged

doves. A final rule will also be

published in a September 1997 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

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 earlyseason regulations were published in

the Federal Register on July 23, 1997

(62 FR 39712); early-season final

frameworks will be published in midAugust. Proposed late-season

frameworks for waterfowl and coots will

be published in mid-August, and the

final frameworks for the late seasons

will be published in mid-September.

The Service will notify affected tribes of

season dates, bag limits, etc., as soon as

final frameworks are established.

As previously discussed, no action is

required by tribes wishing to observe

migratory bird hunting regulations

established by the State(s) where they

are located.

The proposed regulations for the

twenty tribes with proposals that meet

the established criteria are shown

below.

(a) Colorado River Indian Tribes,

Colorado River Indian Reservation,

Parker, Arizona (Tribal Members and

Non-tribal Hunters)

The Colorado River Indian

Reservation is located in Arizona and

California. The tribes own almost all

lands on the reservation, and have full

wildlife management authority.

In their 1997–98 proposal, dated June

3, 1997, the Colorado River Indian

Tribes requested split dove seasons.

They propose their early season begin

September 1 and end September 15,

1997. 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, 1997, and close January

15, 1998. A daily bag limit would be 10

mourning doves. The possession limit

would be twice the daily bag limit.

Shooting hours would be from one-half

hour before sunrise to noon. Other

special tribally set regulations would

apply.

The tribes also propose duck hunting

seasons. The season would run from

October 4, 1997, through January 5,

1998. The tribes propose the same

season dates for coots and common

moorhens. The daily bag limit for ducks,

including mergansers, would be 7 birds,

which would include no more than 2

redheads, 2 pintails, 1 canvasback, 2

Mexican ducks, and 2 mallard hens. The

possession limit would be twice the

daily bag limit. The daily bag limit for

coots and common moorhens would be

25, singly or in the aggregate. The

possession limit for coots and common

moorhens would be twice the daily bag

limit.

For geese, the Colorado River Indian

Tribes propose a season of October 18,

1997, through January 18, 1998. The

daily bag and possession limits for geese

would be 5, which would include no

more than 3 white geese (snow and/or

Ross and blue geese) and not more than

2 dark geese (Canada geese).

Under the proposed regulations

described here and, based upon past

seasons, the tribes and the Service

estimate harvest will be less than 400

ducks and 100 geese.

Hunters must have a valid Colorado

River Indian Reservation hunting permit

in their possession while hunting. As in

the past, the regulations would apply

both to tribal and non-tribal hunters,

and non-toxic shot is required for

waterfowl hunting. The Service

proposes to approve the Colorado River

Indian Tribes regulations for the 1997–

98 hunting season.

(b) Confederated Salish and Kootenai

Tribes, Flathead Indian Reservation,

Pablo, Montana (Non-tribal Hunters)

For the past several years, the

Confederated Salish and Kootenai

Tribes and the State of Montana have

entered into cooperative agreements for

the regulation of hunting on the

Flathead Indian Reservation. The State

and the tribes are currently operating

under a cooperative agreement signed in

1990 that addresses fishing and hunting

management and regulation issues of

mutual concern. This agreement enables

all hunters to utilize waterfowl hunting

opportunities on the reservation. The

tribes proposed special regulations for

waterfowl hunting were submitted to

the Service in a April 22, 1997,

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 non-toxic shots are

the only legal shotgun loads on the

reservation for waterfowl or other

gamebirds.

The requested season dates and bag

limits are generally similar to past

regulations. Harvest levels are not

expected to change significantly.

Standardized check station data from

the 1993–94 and 1994–95 hunting

seasons indicated no significant changes

in harvest levels and that the large

majority of the harvest is by non-tribal

hunters.

The Service proposes to approve the

tribes’ request for special migratory bird

regulations for the 1997–98 hunting

season.

(c) Crow Creek Sioux Tribe, Crow Creek

Indian Reservation, Fort Thompson,

South Dakota (Tribal Members and

Non-tribal Hunters)

The Crow Creek Indian Reservation

has a checkerboard pattern of land

ownership, with much of the land

owned by non-Indians. Since the 1993–
43044 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

94 season, the tribe has selected special

waterfowl hunting regulations

independent of the State of South

Dakota. The tribe observes migratory

bird hunting regulations contained in 50

CFR part 20.

In a July 22, 1997, proposal, the tribe

requested duck season dates of October

4, 1997, to January 8, 1998, with the

same daily bag and possession limits

permitted by the final Federal

frameworks. The season and bag limits

would be essentially the same as last

year, given the final Federal

frameworks, and harvest is again

expected to be low because of the small

number of hunters. In 1994–95, duck

harvest was 48 birds, down from 67 in

1993–94.

For geese, the tribe requested a goose

hunting season of October 4, 1997,

through January 4, 1998, with the daily

bag and possession limits the same as

those permitted by final Federal

frameworks. In addition to the above

goose season, the tribe has also

proposed a light goose only season from

February 18 through March 10, 1998.

The tribe’s harvest during recent past

seasons has been less than 100 geese.

Harvest for the 1997–98 coming season

should be similar.

The Service proposes to approve the

tribal requests for duck and goose

hunting regulations. As with all other

groups, the Service requests the tribe

continue to survey and report harvest.

(d) Fond du Lac Band of Lake Superior

Chippewa Indians, Cloquet, Minnesota

(Tribal Members Only)

In 1996, for the first time, the Service

and the Fond du Lac Band of Lake

Superior Chippewa Indians cooperated

to establish special migratory bird

hunting regulations for tribal members.

The Fond du Lac’s May 27, 1997,

proposal covers land ceded to the band

under the Treaty of 1854 in northeast

Minnesota.

The band’s proposal for 1997–98 is

essentially the same as that approved by

the Service last year. Specifically, the

Fond du Lac Band proposes a

September 13 to November 23, 1997,

season on ducks, mergansers, coots and

moorhens, and a September 6 to

November 23, 1997, season for geese.

For sora and virginia rails, snipe, and

woodcock, the Fond du Lac Band

proposes a September 1 to November

23, 1997, season. Proposed bag limits

would consist of the following:

Ducks

Daily Bag Limit: 20 ducks, including

no more than 10 mallards (only 5 of

which may be hens), 4 black ducks, 4

redheads, 4 pintails, and 2 canvasbacks.

Mergansers

Daily Bag Limit: 5 mergansers,

including no more than 1 hooded

merganser.

Geese

Daily Bag Limit: 10 geese.

Coots and Common Moorhens (Common

Gallinules)

Daily Bag Limit: 20 coots and

common moorhens, singly or in the

aggregate.

Sora and Virginia Rails

Daily Bag and Possession Limit: 25

sora and Virginia rails singly, or in the

aggregate.

Common Snipe

Daily Bag Limit: 8 common snipe.

Woodcock

Daily Bag Limit: 5 woodcock.

The following general conditions

apply:

1. While hunting waterfowl, a tribal

member must carry on his/her person a

valid tribal waterfowl hunting permit.

2. Except as otherwise noted, tribal

members will be required to comply

with tribal codes that will be no less

restrictive than the provisions of

Chapter 10 of the Model Off-Reservation

Code. Except as modified by the Service

rules adopted in response to this

proposal, these amended regulations

parallel Federal requirements in 50 CFR

part 20 as to hunting methods,

transportation, sale, exportation and

other conditions generally applicable to

migratory bird hunting.

3. Band members in each zone will

comply with State regulations providing

for closed and restricted waterfowl

hunting areas.

4. Possession limits for each species

are double the daily bag limit, except on

the opening day of the season, when the

possession limit equals the daily bag

limit, unless otherwise noted above.

Possession limits are applicable only to

transportation and do not include birds

which are cleaned, dressed, and at a

member’s primary residence. For

purposes of enforcing bag and

possession limits, all migratory birds in

the possession or custody of band

members on ceded lands will be

considered to have been taken on those

lands unless tagged by a tribal or State

conservation warden as having been

taken on-reservation. All migratory

birds which fall on reservation lands

will not count as part of any offreservation bag or possession limit.

The Band and the Service anticipate

harvest will be fewer than 500 ducks

and geese and 150 coots.

The Service proposes to approve the

request for special migratory bird

hunting regulations for the Fond du Lac

Band of Lake Superior Chippewas.

(e) Grand Traverse Band of Ottawa and

Chippewa Indians, Suttons Bay,

Michigan (Tribal Members Only)

In the 1995–96 migratory bird

seasons, the Grand Traverse Band of

Ottawa and Chippewa Indians and the

Service first cooperated to establish

special regulations for waterfowl. The

Grand Traverse Band is a self-governing,

federally recognized tribe located on the

west arm of Grand Traverse Bay in

Leelanau County, Michigan. The Grand

Traverse Band is a signatory tribe of the

Treaty of 1836. The Service has

approved special regulations for tribal

members of the 1836 treaty’s signatory

tribes on ceded lands in Michigan since

the 1986–87 hunting season.

For the 1997–98 season, the Grand

Traverse Band of Ottawa and Chippewa

Indians proposes a tribal member duck

season that would run from September

20, 1997, through January 20, 1998. A

daily bag limit of 10 would include no

more than 1 pintail, 1 canvasback, 1

hooded merganser, 2 black ducks, 2

wood ducks, 2 redheads, and 5 mallards

(only 2 of which may be hens).

For Canada geese, the tribe proposes

a September 1 through November 30,

1997, and a January 1 through February

8, 1998, season. For white-fronted geese,

brant, and snow geese, the tribe

proposes an October 1 through

November 30, 1997, season. The daily

bag limit for all geese (including brant)

would be 5 birds. Based on Service

information, it is unlikely that any

Canada geese from the Southern James

Bay Population would be harvested by

the tribe.

For woodcock, snipe, and sora rail,

the tribe proposes a September 1 to

November 14, 1997, season. The daily

bag limit shall not exceed 5 birds per

species.

All other Federal regulations

contained in 50 CFR part 20 would

apply.

The tribe proposes to closely monitor

harvest through game bag checks,

patrols, and mail surveys. In particular,

the tribe proposes monitoring the

harvest of Southern James Bay Canada

geese to assess any impacts of tribal

hunting on the population.

The Service proposes to approve the

Grand Traverse Band of Ottawa and

Chippewa Indian’s requested 1997–98

special migratory bird hunting

regulations.
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 43045

(f) Great Lakes Indian Fish and Wildlife

Commission, Odanah, Wisconsin (Tribal

Members Only)

Since 1985, various bands of the Lake

Superior Tribe of Chippewa Indians

have exercised judicially recognized offreservation hunting rights for migratory

birds in Wisconsin. The specific

regulations were established by the

Service in consultation with the

Wisconsin Department of Natural

Resources and the Great Lakes Indian

Fish and Wildlife Commission

(GLIFWC, which represents the various

bands). Beginning in 1986, a tribal

season on ceded lands in the western

portion of the State’s Upper Peninsula

was developed in coordination with the

Michigan Department of Natural

Resources, and the Service has

approved special regulations for tribal

members in both Michigan and

Wisconsin since the 1986–87, hunting

season. In 1987, the GLIFWC requested

and the Service approved special

regulations to permit tribal members to

hunt on ceded lands in Minnesota, as

well as in Michigan and Wisconsin. The

States of Michigan and Wisconsin

concurred with the regulations,

although Wisconsin has raised some

concerns each year. Minnesota did not

concur with the regulations, stressing

that the State would not recognize

Chippewa Indian hunting rights in

Minnesota’s treaty area until a court

with jurisdiction over the State

acknowledges and defines the extent of

these rights. The Service acknowledged

the State’s concern, but pointed out that

the United States Government has

recognized the Indian hunting rights

decided in the Voigt case, and that

acceptable hunting regulations have

been negotiated successfully in both

Michigan and Wisconsin even though

the Voigt decision did not specifically

address ceded land outside Wisconsin.

The Service believes this is appropriate

because the treaties in question cover

ceded lands in Michigan (and

Minnesota), as well as in Wisconsin.

Consequently, in view of the above, the

Service has approved special

regulations since the 1987–88 hunting

season on ceded lands in all three

States. In fact, this recognition of the

principle of reserved treaty rights for

band members to hunt and fish was

pivotal in a Service decision to approve

a special 1991–92 season for the 1836

ceded area in Michigan.

Recently, certain GLIFWC member

bands have brought suit to resolve the

issue of hunting, fishing and gathering

rights in the Minnesota ceded areas

covered under the 1837 and 1854

treaties. The Federal Government has

intervened in support of the bands.

In a May 27, 1997, letter, the GLIFWC

proposed off-reservation special

migratory bird hunting regulations for

the 1997–98 seasons. Details of the

proposed regulations are shown below.

In general, the proposal is essentially

the same as the regulations approved for

the 1996–97 season for ducks (including

mergansers) and geese for all of the

Minnesota and Wisconsin ceded areas

except that the proposed seasons have

been extended for ducks and associated

species. Bag limits for ducks and geese

in these areas would be 20 and 10,

respectively, although certain sex and

species restrictions would apply.

Regulations proposed for the 1836 and

1842 Treaty areas located in Michigan

will, for the first time, be largely

different from those permitted for the

State of Michigan.

Results of the 1995–96 hunter survey

show that 1278 ducks and 92 geese were

actually harvested. Under the proposed

regulations, harvest is expected to be

similar to last year and most likely

would not exceed 3000 ducks and 900

geese.

The Service believes that regulations

advanced by the GLIFWC for the 1997–

98 hunting season are biologically

acceptable and recommends approval. If

the regulations are finalized as

proposed, the Service would request

that the GLIFWC closely monitor the

member band duck harvest and take any

actions necessary to reduce harvest if

locally nesting populations are being

significantly impacted.

The Commission and the Service are

parties to a Memorandum of Agreement

(MOA) designed to facilitate the ongoing

enforcement of Service-approved tribal

migratory bird regulations. Its intent is

to provide long-term cooperative

application.

Also, as in recent seasons, the

proposal contains references to Chapter

10 of the Migratory Bird Harvesting

Regulations of the Model OffReservation Conservation Code. Chapter

10 regulations parallel State and Federal

regulations and, in effect, are not

changed by this proposal.

The GLIFWC’s proposed 1997–98

waterfowl hunting season regulations

are as follows:

Ducks

A. Wisconsin and Minnesota 1837

and 1842 Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 20 ducks, including

no more than 10 mallards (only 5 of

which may be hens), 4 black ducks, 4

redheads, 4 pintails, and 2 canvasbacks.

B. Michigan 1836 and 1842 Treaty

Zones:

Season Dates: Begin September 15

and end December 1, 1997.

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 canvasbacks.

Mergansers

A. Wisconsin and Minnesota 1837

and 1842 Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 5 mergansers.

B. Michigan 1836 and 1842 Treaty

Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 5 mergansers,

including no more than 1 hooded

merganser.

Geese: Canada Geese

A. Wisconsin and Minnesota 1837

and 1842 Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 10 Canada geese,

minus the number of blue, snow or

white-fronted geese taken.

B. Michigan, 1836 and 1842 Treaty

Zones:

Season Dates: Begin September 15

and end December 1, 1997. In addition,

the same dates and season length

permitted the State of Michigan during

the Special September Canada goose

Season.

Daily Bag Limit: 10 Canada geese,

minus the number of blue, snow or

white-fronted geese taken. In addition,

the same bag limit permitted the State

of Michigan during the Special

September Canada goose Season.

Geese: Blue, Snow and White-fronted

Geese

A. Wisconsin and Minnesota 1837

and 1842 Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 10 geese, minus the

number of Canada geese taken.

B. Michigan 1836 and 1842 Treaty

Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 10 geese, minus the

number of Canada geese taken.

Other Migratory Birds: Coots and

Common Moorhens (Common

Gallinules)

A. Wisconsin and Minnesota 1837

and 1842 Zones:
43046 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 20 coots and

common moorhens (common

gallinules), singly or in the aggregate.

B. Michigan 1836 and 1842 Treaty

Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 20 coots and

common moorhens (common

gallinules), singly or in the aggregate.

Sora and Virginia Rails

A. Wisconsin and Minnesota 1837

and 1842 Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 25 sora and Virginia

rails singly, or in the aggregate.

B. Michigan 1836 and 1842 Treaty

Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 25 sora and Virginia

rails singly, or in the aggregate.

Common Snipe

A. Wisconsin and Minnesota 1837

and 1842 Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 8 common snipe.

B. Michigan 1836 and 1842 Treaty

Zones:

Season Dates: Begin September 15

and end December 1, 1997.

Daily Bag Limit: 8 common snipe.

Woodcock

A. Wisconsin and Minnesota 1837

and 1842 Zones:

Season Dates: Begin September 2 and

end November 30, 1997.

Daily Bag Limit: 5 woodcock.

B. Michigan 1836 and 1842 Treaty

Zones:

Season Dates: Begin September 1 and

end December 1, 1997.

Daily Bag Limit: 5 woodcock.

D. General Conditions

1. While hunting waterfowl, a tribal

member must carry on his/her person a

valid tribal waterfowl hunting permit.

2. Except as otherwise noted, tribal

members will be required to comply

with tribal codes that will be no less

restrictive than the provisions of

Chapter 10 of the Model Off-Reservation

Code. Except as modified by the Service

rules adopted in response to this

proposal, these amended regulations

parallel Federal requirements in 50 CFR

Part 20 as to hunting methods,

transportation, sale, exportation and

other conditions generally applicable to

migratory bird hunting.

3. Tribal members in each zone will

comply with State regulations providing

for closed and restricted waterfowl

hunting areas.

4. Possession limits for each species

are double the daily bag limit, except on

the opening day of the season, when the

possession limit equals the daily bag

limit, unless otherwise noted above.

Possession limits are applicable only to

transportation and do not include birds

which are cleaned, dressed, and at a

member’s primary residence. For

purposes of enforcing bag and

possession limits, all migratory birds in

the possession or custody of tribal

members on ceded lands will be

considered to have been taken on those

lands unless tagged by a tribal or State

conservation warden as having been

taken on-reservation. In Wisconsin,

such tagging will comply with

applicable State laws. All migratory

birds which fall on reservation lands

will not count as part of any offreservation bag or possession limit.

5. Minnesota and Michigan--Duck

Blinds and Decoys. Tribal members

hunting in Michigan and Minnesota will

comply with tribal codes that contain

provisions that parallel applicable State

laws concerning duck blinds and/or

decoys.

(g) Jicarilla Apache Tribe, Jicarilla

Indian Reservation, Dulce, New Mexico

(Tribal Members and Non-tribal

Hunters)

The Jicarilla Apache Tribe has had

special migratory bird hunting

regulations for tribal members and

nonmembers since the 1986–87 hunting

season. The tribe owns all lands on the

reservation and has recognized full

wildlife management authority. In

general, the proposed seasons would be

more conservative than allowed by the

Federal frameworks of last season and

by States in the Pacific Flyway.

In a May 16, 1997, proposal, the tribe

proposed a 1997–98 waterfowl season

opening date of October 4 and a closing

date of November 30, 1997. Daily bag

and possession limits would be the

same as Pacific Flyway States. The tribe

proposes, however, a closed season on

Canada geese. Other regulations specific

to the Pacific Flyway guidelines for New

Mexico would be in effect.

The Jicarilla Game and Fish

Department’s annual estimate of

waterfowl harvest is relatively small. In

the 1996–97 season, estimated duck

harvest was 1,234, a slight increase from

1,104 in 1995–96. The species

composition in the past has included

mainly mallards, gadwall, and teal.

Northern pintail comprised only 7

percent of the total harvest in 1996.

The proposed regulations are

essentially the same as were established

last year and the tribe anticipates the

maximum 1997–98 waterfowl harvest

would be around 1,400 ducks.

The Service proposes to approve the

tribe’s requested 1997–98 hunting

seasons.

(h) Kalispel Tribe, Kalispel Reservation,

Usk, Washington (Tribal Members and

Non-tribal Hunters)

The Kalispel Reservation was

established by Executive Order in 1914,

and currently comprises approximately

4600 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.

In 1996, for the first time, the

requested regulations also included a

proposal for Kalispel-member only

migratory bird hunting on Kalispelceded lands within Washington,

Montana, and Idaho.

For the 1997–98 migratory bird

hunting seasons, the Kalispel Tribe

proposed, in a May 22, 1997, letter,

tribal and non-tribal member waterfowl

seasons. For non-tribal members, the

tribe requests seasons which begin 2

weeks earlier and end 2 weeks later than

those for the State of Washington in the

same area. The outside frameworks,

however, for ducks and geese would run

from October 1, 1997, through January

31, 1998. In that period, non-tribal

hunters would be allowed to hunt on

weekends, holidays and continuously in

the month of December for a total of 95

days. Hunters should obtain further

information on days from the Kalispel

Tribe. Daily bag and possession limits

would be the same as those for the State

of Washington. Harvest is expected to be

less than 200 geese and 250 ducks.

All other State and Federal

regulations contained in 50 CFR part 20,

such as use of steel shot and possession

of a signed migratory bird hunting

stamp, would be required.
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 43047

For tribal members on Kalispel-ceded

lands, the Kalispel proposes outside

frameworks for ducks and geese of

September 15, 1997, through January 31,

1998. However, during that period, the

tribe proposes that the season run

continuously. Daily bag and possession

limits would be the same as those for

the States of Washington and Idaho.

Harvest is expected to be less than 200

geese and 250 ducks.

Tribal members would be required to

possess a signed Federal migratory bird

stamp and a tribal ceded lands permit.

The Service proposes to approve the

regulations requested by the Kalispel

Tribe.

(i) Klamath Tribe, Chiloquin, Oregon

(Tribal Members Only)

The Klamath Tribe currently has no

reservation, per se. However, the

Klamath Tribe has reserved hunting,

fishing and gathering rights within its

former reservation boundary. This area

of former reservation, granted to the

Klamaths by the Treaty of 1864, is over

1 million acres. Tribal natural resource

management authority is derived from

the Treaty of 1864, and carried out

cooperatively under the judicially

enforced Consent Decree of 1981. The

parties to this Consent Decree are the

Federal Government, the State of

Oregon and the Klamaths. The Klamath

Indian Game Commission sets the

seasons. The tribal biological staff and

tribal Regulatory Enforcement Officers

monitor tribal harvest by frequent bag

checks and hunter interviews.

In a May 21, 1997, letter, the Klamath

Tribe proposed season dates that run

from October 1, 1997, through January

31, 1998. Daily bag limits would be 9 for

ducks and 6 for geese with possession

limits twice the daily bag limit. The

daily bag and possession limit for coots

would be 25. Shooting hours would be

one-half hour before sunrise to one-half

hour after sunset.

Based on the number of birds

produced in the Klamath Basin, the

tribe expects that this year’s duck

harvest will be similar to last year’s

while goose harvest will most likely be

above 1995 levels. Information on tribal

harvest suggests that more than 70

percent of the annual goose harvest is

local birds produced in the Klamath

basin.

The Service proposes to approve the

regulations of the Klamath Tribe.

(j) Lower Brule Sioux Tribe, Lower Brule

Reservation, Lower Brule, South Dakota

(Tribal Members and Non-tribal

Hunters)

The Lower Brule Sioux Tribe first

established tribal migratory bird hunting

regulations for the Lower Brule

Reservation in 1994. The Lower Brule

Reservation is about 214,000 acres in

size and is located on and adjacent to

the Missouri River, south of Pierre. Land

ownership on the reservation is mixed,

and until recently, the Lower Brule

Tribe had full management authority

over fish and wildlife via a MOA with

the State of South Dakota. The MOA

provided the tribe jurisdiction over fish

and wildlife on reservation lands,

including deeded and Corps of

Engineers taken lands. However, the

tribe is currently in litigation with the

State of South Dakota regarding

jurisdiction. A recent Federal District

Court ruling has and consequent Circuit

Court decisions have jeopardized the

Tribal/State Agreement that had been in

place from 1986 to 1996. At this time,

the ruling is being appealed to the U.S.

Supreme Court and a motion for a stay

has been filed. For the 1997–98 season,

the two parties have come to a tentative

agreement and meetings between the

Lower Brule Sioux Tribe, the South

Dakota Department of Game, Fish and

Parks and the Service are continuing. It

is anticipated that an agreement will be

established and management authority

clarified to allow the public a clear

understanding of the Lower Brule Sioux

Wildlife Department license

requirements and hunting season

regulations. The Lower Brule

Reservation waterfowl season is open to

tribal and non-tribal hunters.

For the 1997–98 migratory bird

hunting season, the Lower Brule Sioux

Tribe proposes a duck season length of

86 days, the same number of days as

allowed in the High Plains Management

Unit. The tribe’s proposed season would

run from October 4, 1997, through

January 8, 1998. The daily bag limit

would be the same as that allowed by

South Dakota. Possession limits would

be twice the daily bag limits.

The tribe’s proposed dark goose

season would run from October 18,

1997, through January 11, 1998, with a

daily bag limit of 3 dark geese, which

may not include more than 2 whitefronted geese. The tribe’s proposed light

goose season would run from October

18, 1997, through January 11, 1998, and

February 18 through March 10, 1998.

The light goose daily bag limit would be

10. Possession limits would be twice the

daily bag limits.

In the 1996–97 season, hunters

harvested an estimated 264 geese and

323 ducks. In 1994, duck harvest

species composition was primarily

mallard (57 percent), gadwall (10

percent), and green-winged teal (10

percent). Goose harvest was 98 percent

Canada geese. Additionally, 1996 tribal

goose camp harvest was 1,249 geese,

down from 2,511 geese in 1995. For the

past 3 years prior to 1996, goose camp

harvest averaged approximately 3,000

geese. In 1994, 97 percent of this

traditional harvest was Canada geese.

The tribe anticipates a duck harvest of

500 birds and a goose harvest similar to

the 3-year average if its 1997–98

regulations are approved. All basic

Federal regulations contained in 50 CFR

part 20, including the use of steel shot,

Migratory Waterfowl Hunting and

Conservation Stamp, etc., would be

observed by the tribe’s proposed

regulations. In addition, the Lower

Brule Sioux Tribe has an official

Conservation Code that was established

by Tribal Council Resolution on June

1982 and updated in 1996.

The Service proposes to approve the

tribe’s proposed regulations for the

Lower Brule Reservation.

(k) Navajo Nation, Navajo Indian

Reservation, Window Rock, Arizona

(Tribal Members and Non-tribal

Hunters)

Since 1985, the Service has

established uniform migratory bird

hunting regulations for tribal members

and nonmembers on the Navajo Indian

Reservation (in parts of Arizona, New

Mexico, and Utah). The nation owns

almost all lands on the reservation and

has full wildlife management authority.

In a July 29, 1997, communication,

the tribe proposed special migratory

bird hunting regulations on the

reservation for both tribal and non-tribal

members for the 1997–98 hunting

season for ducks (including

mergansers), Canada geese, coots, bandtailed 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 bandtailed pigeons, the Navajo Nation

proposes seasons of September 1

through 30. The Navajo Nation also

proposes daily bag limits of 10 and 5 for

mourning dove and band-tailed pigeon,

respectively. Possession limits would be

twice the daily bag limits.

In addition, the nation proposes to

require tribal members and nonmembers to comply with all basic

Federal migratory bird hunting

regulations in 50 CFR part 20 pertaining

to shooting hours and manner of taking.

In addition, each waterfowl hunter 16

years of age or over must carry on his/

her person a valid Migratory Bird

Hunting and Conservation Stamp (Duck

Stamp) signed in ink across the face.
43048 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

Special regulations established by the

Navajo Nation also apply on the

reservation.

The Service proposes to approve the

Navajo Nation request for these special

regulations for the 1997–98 migratory

bird hunting seasons.

(l) Oneida Tribe of Indians of

Wisconsin, Oneida, Wisconsin (Tribal

Members Only)

Since 1991–92, the Oneida Tribe of

Indians of Wisconsin and the Service

have cooperated to establish uniform

regulations for migratory bird hunting

by tribal and non-tribal hunters within

the original Oneida Reservation

boundaries. Since 1985, the Oneida

Tribe’s Conservation Department has

enforced their own hunting regulations

within those original reservation limits.

The Oneida Tribe also has a good

working relationship with the State of

Wisconsin and the majority of the

seasons and limits are the same for the

tribe and Wisconsin.

In a June 27, 1997, letter to the

Service, the tribe proposed special

migratory bird hunting regulations. For

ducks, the tribe described the general

‘‘outside dates’’ as being September 15

through November 20, 1997, inclusive.

The tribe proposes a daily bag limit of

5 birds, which could include no more

than 3 mallards, 1 hen mallard, 4 wood

ducks, 1 canvasback, 1 redhead, 2

pintails, and 1 hooded merganser.

For geese, the tribe recommends a

season between September 1 and

December 31, 1997, with a quota of 150

Canada geese. Canada goose bag limits

would be 3 tribally-tagged geese per

day. The tribe will reissue 3 tags when

3 birds are registered. The possession

limit for Canada geese is 6. If the quota

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 16, 1997, with a daily bag

and possession limit of 5 and 10,

respectively.

The tribe proposes shooting hours be

one-half hour before sunrise to sunset.

Tribal members and non-tribal members

hunting on the Reservation or on lands

under the jurisdiction of the tribe will

observe all basic Federal migratory bird

hunting regulations found in 50 CFR,

with the following exceptions. Indian

hunters would be exempt from the

purchase of the Migratory Waterfowl

Hunting and Conservation Stamp (Duck

Stamp); and shotgun capacity would not

be limited to 3 shells.

The Service proposes to approve the

request for special migratory bird

hunting regulations for the Oneida Tribe

of Indians of Wisconsin, provided the

tribe continues to delay the opening of

their duck season until September 15.

The Oneida tribe has traditionally

delayed the opening of their duck

season to September 15 to avoid

possible significant impacts on local

nesting duck populations. The Service

commends the tribe for these

conservation efforts.

(m) Point No Point Treaty Tribes,

Kingston, Washington (Tribal Members

and Non-tribal Hunters)

For the first time in 1996, the Service

and the Point No Point Treaty Tribes,

consisting of the Skokomish, Port

Gamble Sklallam, Jamestown Sklallam,

and Elwha Sklallam tribes, cooperated

to establish special regulations for

migratory bird hunting. The four tribes

have reservations located on the

Olympic Peninsula in Washington. All

four tribes have successfully

administered tribal hunting regulations

since 1985 and each tribe has a

comprehensive hunting ordinance.

The tribes’ May 27, 1997, proposal

requests seasons for ducks, geese, brant,

coots, snipe, and mourning doves.

For ducks, coots, brant, and geese, the

tribes request a September 15, 1997, to

January 15, 1998, season with a daily

bag limit of 7 ducks, 25 coots, 2 brant,

and 4 geese. The duck daily bag limit

would include mergansers and could

include no more than 1 hen mallard, 2

pintails, 1 canvasback, and 2 redheads.

The tribes proposed daily bag limit of 4

geese could include no more than 3

light geese.

For mourning doves, the tribes

propose a September 1 to September 30,

1997, season with a daily bag limit of

10.

All possession limits would be twice

the daily bag limit. For conservation, the

tribes request a closed season on wood

ducks, harlequin ducks, Aleutian

Canada geese, and cackling Canada

geese.

Tribal harvest last year under similar

regulations was approximately 125

ducks, 30 geese and 30 coots.

The Service proposes to approve the

Point No Point Treaty Tribes requested

1997–98 regulations.

(n) Seminole Tribe of Florida, Big

Cypress Seminole Reservation,

Clewiston, Florida (Tribal Members and

Non-tribal Hunters)

The Seminole Tribe of Florida and the

Service have cooperated since 1995 to

establish regulations for the 70,000 acre

Big Cypress Seminole Reservation.

Located northwest of Miami, the Big

Cypress Seminole Reservation is totally

tribally owned and the tribe has full

wildlife management authority.

For the 1997–98 season, the Seminole

Tribe proposes establishing a mourning

dove season from September 14, 1997,

through January 18, 1998. Hunting

would be allowed for tribal and nontribal members, but would be on

Sundays only from 1:00 p.m. to sunset.

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.

Last year, the hunters harvested 2,078

doves. The tribe controls all entry to the

hunt area.

The Service proposes to approve the

Seminole Tribe’s requested 1997–98

special migratory bird hunting

regulations.

(o) Shoshone-Bannock Tribes, Fort Hall

Indian Reservation, Fort Hall, Idaho

(Non-tribal Hunters)

Almost all of the Fort Hall Indian

Reservation is tribally-owned. The tribes

claim full wildlife management

authority throughout the reservation,

but the Idaho Fish and Game

Department has disputed tribal

jurisdiction, especially for hunting by

non-tribal members on reservation lands

owned by non-Indians. As a

compromise, since 1985, the Service has

established the same waterfowl hunting

regulations on the reservation and in a

surrounding off-reservation State zone.

The regulations were requested by the

tribes and provided for different season

dates than in the remainder of the State.

The Service agreed to the season dates

because they seemed to provide

additional protection to mallards and

pintails. The State of Idaho concurred

with the zoning arrangement. The

Service has no objection to the State’s

use of this zone again in the 1996–97

hunting season, provided the duck and

goose hunting season dates are the same

as on the reservation.

In a June 3, 1997, proposal for the

1997–98 hunting season, the ShoshoneBannock Tribes requested a continuous

duck (including mergansers) season

with the maximum number of days and

the same daily bag and possession limits

permitted Pacific Flyway States, under

final Federal frameworks. The tribes

propose that, if the same number of

hunting days (93) are permitted as last

year, the season would have an opening

date of October 4, 1997, and a closing

date of January 11, 1998. 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
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 43049

harvest will be between 2,000 and 5,000

ducks.

The tribes also requested a continuous

goose season with the maximum

number of days and the same daily bag

and possession limits permitted Idaho

under Federal frameworks. The tribes

propose that, if the same number of

hunting days (93) are permitted as in

previous years, the season would have

an opening date of October 4, 1997, and

a closing date of January 11, 1998. The

tribes anticipate harvest will be between

4,000 and 6,000 geese.

Non-tribal hunters must comply with

all basic Federal migratory bird hunting

regulations in 50 CFR part 20,

pertaining to shooting hours, use of steel

shot, and manner of taking. Special

regulations established by the

Shoshone-Bannock Tribes also apply on

the reservation.

The Service notes that the requested

regulations are nearly identical to those

of last year and proposes they be

approved for the 1997–98 hunting

season.

(p) 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

would apply to tribal members on the

Squaxin Island Reservation, located in

western Washington near Olympia, and

all lands within the traditional hunting

grounds of the Squaxin Island Tribe.

For the 1997–98 season, the tribe

proposes establishing duck, coot, and

snipe seasons that would run from

September 15, 1997, through January 15,

1998. The daily bag limit for ducks

would be 5 per day and could include

only 1 canvasback. The season on

harlequin ducks would be closed. For

coots and snipe, the daily bag limit

would be 25 and 8, respectively.

For geese, the tribe proposes

establishing a season that would run

from September 15, 1997, through

January 15, 1998. The daily bag limit for

geese would be 4 per day and could

include only 2 snow geese and 1 dusky

Canada goose. The season on Aleutian

and Cackling Canada geese would be

closed.

For brant, the tribe proposes

establishing a September 15 to

December 31, 1997, season with a daily

bag limits of 2 birds per day. The tribe

also proposes a September 15 to

December 1, 1997, season for bandtailed pigeons with a daily bag limit of

2 per day.

In all cases, the possession limit

would be twice the daily bag limit.

Shooting hours would be from one-half

hour before sunrise to one-half hour

after sunset and steel shot would be

required for migratory bird hunting.

Further, the tribe requires all harvest be

reported to their Natural Resources

Office within 72 hours.

In 1995, the tribe reported that there

was no harvest of any species. Tribal

regulations are enforced by the tribe’s

Law Enforcement Department.

The Service proposes to approve the

Squaxin Island Tribe’s requested 1997–

98 special migratory bird hunting

regulations.

(q) The Tulalip Tribes of Washington,

Tulalip Indian Reservation, Marysville,

Washington (Tribal Members and Nontribal Hunters)

The Tulalip Tribes are the successors

in interest to the tribes and bands

signatory to the Treaty of Point Elliott of

January 22, 1855. The Tulalip Tribes’

government is located on the Tulalip

Indian Reservation at Marysville,

Washington. The tribes or individual

tribal members own all of the land on

the reservation, and they have full

wildlife management authority. All

lands within the boundaries of the

Tulalip Tribes Reservation are closed to

non-member hunting unless opened by

Tulalip Tribal regulations.

In a June 5, 1997, letter, the Tulalip

Tribes proposed tribal and non-tribal

hunting regulations for the 1997–98

seasons as follows:

For ducks and coot, the proposed

season for tribal members would be

from September 15, 1997, through

February 1, 1998. 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 bluewinged teal, canvasback, harlequin,

pintail, and wood duck, the bag and

possession limits would be the same as

those established for the State of

Washington in accordance with final

Federal frameworks. For non-tribal

hunters, bag and possession limits

would be the same as those permitted

the State of Washington under final

Federal frameworks. Non-tribal

members should check with the Tulalip

tribal authorities regarding additional

conservation measures which may

apply to specific species managed

within the region.

For geese, tribal members are

proposed to be allowed to hunt from

September 15, 1997, through February

1, 1998. Non-tribal hunters would be

allowed the longest season and the

latest closing date permitted for the

State of Washington under final Federal

frameworks. For tribal hunters, the

goose daily bag and possession limits

would be 6 and 12, respectively, except

that the bag limits for brant, cackling

Canada geese and dusky Canada geese

would be those established for the

Pacific Flyway in accordance with final

Federal frameworks. For non-tribal

hunters hunting on reservation lands,

the daily bag and possession limits

would be those established in

accordance with final Federal

frameworks for the State of Washington.

The Tulalip Tribes also set a maximum

annual bag limit on ducks and geese for

those tribal members who engage in

subsistence hunting.

All hunters on Tulalip Tribal lands

are required to adhere to shooting hour

regulations set at one-half hour before

sunrise to sunset, special tribal permit

requirements, and a number of other

tribal regulations enforced by the tribe.

Non-tribal hunters sixteen years of age

and older, hunting pursuant to Tulalip

Tribes’ Ordinance No. 67, must possess

a valid Federal Migratory Bird Hunting

and Conservation Stamp and a valid

State of Washington Migratory

Waterfowl Stamp. Both stamps must be

validated by signing across the face.

Although the season length requested

by the Tulalip Tribes appears to be quite

liberal, harvest information indicates a

total take by tribal and non-tribal

hunters under 1,000 ducks and 500

geese, annually. The Service proposes

approval of the Tulalip Tribes request

for the above seasons. The Service

requests that harvest be monitored

closely and regulations be reevaluated

for future years if harvest becomes too

great in relation to population numbers.

(r) White Mountain Apache Tribe, Fort

Apache Indian Reservation, Whiteriver,

Arizona (Tribal Members and Non-tribal

Hunters)

The White Mountain Apache Tribe

owns all reservation lands, and the tribe

has recognized full wildlife

management authority. The White

Mountain Apache Tribe has requested

regulations that are essentially

unchanged from those agreed to for the

1996–97 hunting year.

The hunting zone for waterfowl is

restricted and is described as: the entire

length of the Black and Salt Rivers

forming the southern boundary of the

reservation; the White River, extending

from the Canyon Day Stockman Station
43050 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

to the Salt River; and all stock ponds

located within Wildlife Management

Units 4, 6 and 7. Tanks located below

the Mogollon Rim, within Wildlife

Management Units 2 and 3 will be open

to waterfowl hunting during the 1997–

98 season. All other waters of the

reservation would be closed to

waterfowl hunting for the 1997–98

season.

For non-tribal and tribal hunters, the

tribe proposes a continuous duck, coot,

merganser, gallinule and moorhen

hunting season, with an opening date of

October 25, 1997, and a closing date of

January 18, 1998. The tribe proposes a

daily duck (including mergansers) bag

limit of 4, which may include no more

than 2 redheads or 1 canvasback and 1

redhead, 1 pintail, and 3 mallards

(including no more than 1 hen mallard).

The daily bag limit for coots, gallinules

and moorhens would be 25 singly, or in

the aggregate.

For geese, the season is proposing a

season from October 25, 1997, through

January 18, 1998. Hunting would be

limited to Canada geese, and the daily

bag limit would be 2.

Season dates for band-tailed pigeons

and mourning doves would run

concurrently from September 1 through

September 10, 1997, in Wildlife

Management Units 7 and 10, only.

Proposed daily bag limits for bandtailed pigeons and mourning doves

would be 3 and 8, respectively.

Possession limits for the above

species are twice the daily bag limits.

Shooting hours would be from one-half

hour before sunrise to sunset. There

would be no open season for sandhill

cranes, rails and snipe on the White

Mountain Apache lands under this

proposal. A number of special

regulations apply to tribal and nontribal hunters, which may be obtained

from the White Mountain Apache Tribe

Game and Fish Department.

The Service proposes to approve the

regulations requested by the tribe for the

1997–98 seasons.

(s) Yankton Sioux Tribe, Marty, South

Dakota (Tribal Members and Non-tribal

Hunters)

On May 21, 1997, the Yankton Sioux

Tribe submitted a waterfowl hunting

proposal for the 1997–98 season. The

Yankton Sioux tribal waterfowl hunting

season would be open to both tribal

members and non-tribal hunters. The

waterfowl hunting regulations would

apply to tribal and trust lands within

the external boundaries of the

reservation.

For duck (including mergansers) and

coots, the Yankton Sioux Tribe proposes

a season starting October 18, 1997, and

running for the maximum amount of

days allowed under the final Federal

frameworks. Daily bag and possession

limits would be the same as those

adopted by the State of South Dakota.

For geese, the tribe has requested a

dark geese (Canada geese, brant, whitefronts) and snow geese hunting season

starting November 1, 1997, and ending

January 31, 1998. Daily bag and

possession limits would be the same as

those adopted by the State of South

Dakota.

All hunters would have to be in

possession of a valid tribal license while

hunting on Yankton Sioux trust lands.

Tribal and non-tribal hunters must

comply with all basic Federal migratory

bird hunting regulations in 50 CFR part

20, pertaining to shooting hours and the

manner of taking. Special regulations

established by the Yankton Sioux Tribe

also apply on the reservation.

During the 1996–97 hunting season,

the tribe reported that 45 non-tribal

hunters took 125 Canada geese, 25 snow

geese, and 50 ducks. Tribal members

harvested less than 60 geese and 50

ducks.

The Service concurs with the Yankton

Sioux proposal for the 1997–98 hunting

season, and requests that the tribe

continue monitoring and reporting the

harvest of Canada, snow and whitefronted geese.

(t) Swinomish Indian Tribal

Community, LaConner, Washington

(Tribal Members Only)

In 1996, the Service and the

Swinomish Indian Tribal Community

began cooperating to establish special

regulations for migratory bird hunting.

The Swinomish Indian Tribal

Community is a federally recognized

Indian tribe consisting of the Suiattle,

Skagit, and Kikialos tribes. The

Swinomish Reservation was established

by the Point Elliott Treaty of 1855 and

lies in the Puget Sound area north of

Seattle, Washington.

The Tribal Community proposes an

off-reservation duck, merganser, Canada

goose, brant, and coot season opening

on the earliest possible date allowed by

the final Federal frameworks for the

Pacific Flyway and closing 30 days after

the State of Washington closes. Daily

bag and possession limits would be the

same as those allowed by the State

except that the Swinomish request an

additional three birds of each species

over that allowed by the State.

The Community anticipates that the

proposed regulations will result in the

harvest of approximately 200 to 300

ducks, 25 to 50 Canada geese, 75

mergansers, 100 brant, and 50 coot. The

Swinomish propose a tag and permit

system to monitor harvest and will

implement steps to limit harvest where

conservation is needed. All tribal

regulations will be enforced by tribal

fish and game officers.

On reservation, the Tribal Community

proposes a hunting season for the above

mentioned species beginning on the

earliest possible opening date and

closing March 9, 1998. The Swinomish

propose to manage harvest by a tagging

system and anticipate harvest will be

similar to that expected off reservation.

The Service believes the estimated

harvest by the Swinomish will be

minimal and will not adversely effect

migratory bird populations. The Service

proposes to approve the Tribal

Community’s proposed regulations for

the 1997–98 season.

Public Comment

The Service intends that adopted final

rules be as responsive as possible to all

concerned interests and wants to obtain

comments from all interested areas of

the public, as well as other government

agencies. Such comments, and any

additional information received, may

lead to final regulations that differ from

these proposals.

However, special circumstances

involved in the establishment of these

regulations limit the amount of time the

Service can allow for public comment.

Specifically, two considerations

compress the time in which the

rulemaking process must operate: the

need to establish final rules before

September 1, 1997, and the

unavailability until late July of specific

reliable data for each year’s status of

waterfowl. Therefore, the Service

believes allowing comment periods past

the dates specified is contrary to the

public interest.

No public comment was provided to

the Service regarding the Notice of

Intent published on March 13, 1997,

which announced rulemaking on

regulations for migratory bird hunting

by American Indian tribal members.

Comment Procedure

It is the policy of the Department of

the Interior to afford the public an

opportunity to participate in the

rulemaking process, whenever practical.

Accordingly, interested persons may

participate by submitting written

comments to the Chief, Office of

Migratory Bird Management, U.S. Fish

and Wildlife Service, Department of the

Interior, ms 634—ARLSQ, 1849 C Street,

NW., Washington, D.C. 20240. The

public may inspect comments during

normal business hours at the Service’s

office in Room 634, Arlington Square

Building, 4401 N. Fairfax Drive,
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 43051

Arlington, VA. The Service will

consider all comments received and will

try to acknowledge received comments,

but may not provide an individual

response to each commenter.

NEPA Consideration

Pursuant to the requirements of

section 102(2)(C) of the National

Environmental Policy Act of 1969 (42

U.S.C. 4332(C)), the ‘‘Final

Environmental Statement for the

Issuance of Annual Regulations

Permitting the Sport Hunting of

Migratory Birds (FES-75–74)’’ was filed

with the Council on Environmental

Quality on June 6, 1975, and notice of

availability was published in the

Federal Register on June 13, 1975, (40

FR 25241). A supplement to the final

environmental statement, the ‘‘Final

Supplemental Environmental Impact

Statement: Issuance of Annual

Regulations Permitting the Sport

Hunting of Migratory Birds (SEIS 88-

14)’’ was filed on June 9, 1988, and

notice of availability was published in

the Federal Register on June 16, 1988

(53 FR 22582), and June 17, 1988 (53 FR

22727). Copies of these documents are

available from the Service at the address

indicated under the caption ADDRESSES.

In addition, an August 1985

Environmental Assessment titled

‘‘Guidelines for Migratory Bird Hunting

Regulations on Federal Indian

Reservations and Ceded Lands’’ is

available from the Service.

Endangered Species Act Considerations

Section 7 of the Endangered Species

Act, as amended (16 U.S.C. 1531-1543;

87 Stat. 884), provides that, ‘‘The

Secretary shall review other programs

administered by him and utilize such

programs in furtherance of the purposes

of this Act’’ (and) shall ‘‘insure that any

action authorized, funded or carried out

... is not likely to jeopardize the

continued existence of any endangered

species or threatened species or result in

the destruction or adverse modification

of [critical] habitat...’’ Consequently, the

Service has initiated Section 7

consultation under the Endangered

Species Act for the proposed migratory

bird hunting seasons including those

which occur on Federally recognized

Indian reservations and ceded lands.

Findings from these consultations

will be included in a biological opinion

and may cause modification of some

regulatory measures proposed in this

document. The final rule will reflect any

modifications. The Service’s biological

opinion resulting from its Section 7

consultation are public documents

available for public inspection in the

Service’s Division of Endangered

Species and Office of Migratory Bird

Management, U.S. Fish and Wildlife

Service, at the address indicated under

the caption ADDRESSES.

Regulatory Flexibility Act, Executive

Order 12866, and the Paperwork

Reduction Act

In the March 13 Federal Register, the

Service reported measures it took to

comply with requirements of the

Regulatory Flexibility Act and Executive

Order 12866. One measure was to

prepare a Small Entity Flexibility

Analysis (Analysis) in 1996

documenting the significant beneficial

economic effect on a substantial number

of small entities. The Analysis estimated

that migratory bird hunters would

spend between $258 and $586 million at

small businesses. Copies of the Analysis

are available from the Office of

Migratory Bird Management.

This rule was not subject to review by

the Office of Management and Budget

under Executive Order 12866.

The Service has examined these

proposed regulations under the

Paperwork Reduction Act of 1995 and

found no information collection

requirements.

Unfunded Mandates

The Service has determined and

certifies in compliance with the

requirements of the Unfunded Mandates

Act, 2 U.S.C. 1502 et seq., that this

rulemaking will not impose a cost of

$100 million or more in any given year

on local or State government or private

entities.

Civil Justice Reform—Executive Order

12988

The Department, in promulgating this

proposed rule, has determined that

these regulations meet the applicable

standards provided in Sections 3(a) and

3(b)(2) of Executive Order 12988.

Authorship

The primary author of this rule is

Ronald W. Kokel, Office of Migratory

Bird Management.

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, 1997,

on certain Federal Indian reservations,

off-reservation trust lands, and ceded

lands. Taking into account both

reserved hunting rights and the degree

to which tribes have full wildlife

management authority, the regulations

only for tribal members or for both tribal

and non-tribal members may differ from

those established by States in which the

reservations, off-reservation trust lands,

and ceded lands are located. The

regulations will specify open seasons,

shooting hours, and bag and possession

limits for rails, coot, gallinules

(including moorhen), woodcock,

common snipe, band-tailed pigeons,

mourning doves, white-winged doves,

ducks (including mergansers) and geese.

The rules that eventually will be

promulgated for the 1997–98 hunting

season are authorized under the

Migratory Bird Treaty Act (MBTA) of

July 3, 1918 (40 Stat. 755; 16 U.S.C. 703

et seq.), as amended. The MBTA

authorizes and directs the Secretary of

the Interior, having due regard for the

zones of temperature and for the

distribution, abundance, economic

value, breeding habits, and times and

lines of flight of migratory game birds,

to determine when, to what extent, and

by what means such birds or any part,

nest or egg thereof may be taken,

hunted, captured, killed, possessed,

sold, purchased, shipped, carried,

exported or transported.

Dated: August 4, 1997.

Donald J. Barry,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 97–21137 Filed 8–8–97; 8:45 am]

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