Migratory Bird Hunting: Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1994-95 Season

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AA24

Migratory Bird Hunting: Proposed Migratory Bird Hunting

Regulations on Certain Federal Indian Reservations and Ceded Lands for

the 1994-95 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: This rule proposes special migratory bird hunting regulations

that would be established for certain tribes on Federal Indian

reservations, off-reservation trust lands and ceded lands for the 1994-

95 migratory bird hunting season.

DATES: The comment period for these proposed regulations will end

August 31, 1994.

ADDRESSES: Address Comments to: Director (FWS/MBMO), U.S. Fish and

Wildlife Service, 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: Dr. Keith A. Morehouse, Office of

Migratory Bird Management, U.S. Fish and Wildlife Service, Department

of the Interior, Room 634 ARLSQ, 1849 C St., NW, Washington, DC 20240

(703/358-1714).

SUPPLEMENTARY INFORMATION:

In the April 7, 1994 Federal Register (59 FR 16762), the Service

requested proposals from Indian tribes that wished to establish special

migratory bird hunting regulations for the 1994-95 hunting season,

under the guidelines described in the June 4, 1985 Federal Register (50

FR 23467). The guidelines were developed in response to tribal requests

for Service 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 would have to

be consistent with the March 10 to September 1 closed season mandated

by the 1916 Migratory Bird Treaty with Canada. The guidelines are

capable of application to those tribes that have 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, 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 may

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, there is

a need to provide clarification here. The Service routinely provides

Federal Register copies of published proposed and final rulemakings and

other documents to all State Directors, tribes and other interested

parties. It is the responsibility of the States, tribes and others to

bring any concern for any feature(s) of any regulations to the

attention of the Service. Consultation will be initiated at the point

in time at which the Service is made aware of a concern. The Service

cannot presume to know beforehand what, if any, concerns will be voiced

regarding rulemakings.

The guidelines provide for the continuation of 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 it is

not so large as to 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 and the

current status of migratory bird hunting on Federal Indian reservations

and evaluated the impact that adoption of the guidelines likely would

have on migratory birds. The Service has concluded that the size of the

migratory bird harvest by tribal members hunting on their reservations

is normally too small to have significant impacts on the migratory bird

resource.

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 that are different from those

established by the State(s) in which a Federal Indian 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 such an event unlikely, however, because tribal

proposals must include: (a) details on the harvest anticipated under

the requested regulations; (b) methods that will be employed to measure

or monitor harvest (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 impact on the migratory bird

resource; and (d) tribal capabilities to establish and enforce

migratory bird hunting regulations. Based on a review of tribal

proposals, the Service may require modifications, and regulations may

be established experimentally, pending evaluation and confirmation of

harvest information obtained by the tribes.

The Service believes that 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 to establish special

hunting regulations for Indian tribes. Therefore, the Service believes

they have been tested adequately and they were made final beginning

with the 1988-89 hunting season (53 FR 31612). It should be stressed

here, however, that use of the guidelines is not mandatory and no

action is required if a tribe wishes to observe the hunting regulations

established by the State(s) in which the reservation is located.

It has been appropriate over the past several years to make a

statement in this proposed rule qualifying the Service's intent with

regard to approving duck seasons and limits because of the uncertainty

of production. Although the Service notes that survey results in the

1993-94 season indicated duck numbers were not significantly changed

from those of the previous few years, there is reason for cautious

optimism that the trend of poor reproduction caused by a long period of

drought in the Prairie Pothole Region of Canada and the United States

may be in the early stages of reversal. Certainly there are indications

that drought conditions are lessening, which may in turn set the stage

for improved duck production. The extended drought has been especially

severe in critical production areas, but in 1993-94 water conditions in

many important local production areas were good. Although 1994 spring

and early-summer ground water conditions appear to have improved

greatly in most areas of the Prairie Pothole Region, preliminary

results of breeding population surveys and production will not be known

for some time. Thus, although the situation is expected to be improved,

the Service will continue to assess production information as it

becomes available over the summer and make final decisions on 1994-95

regulatory frameworks when all the customary data are in.

In summary, the purpose of this document is to propose 1994-95

season migratory bird hunting regulations for participating tribes.

Hunting Season Proposals from Indian Tribes and Organizations

For the 1994-95 hunting season, the Service received requests from

fifteen tribes and Indian organizations that followed the 1985 proposal

guidelines and were appropriate for publication in the Federal Register

without further and/or alternative actions. The Lower Brule Sioux

(South Dakota), the Kalispel Tribe (Washington) and the Klamath Tribe

(Oregon) are included in the regulations this year for the first time.

On June 17, the Mille Lacs Band of Chippewa Indians (Minnesota)

provided the Service with a proposal to continue with regulations for

the upcoming season as per the Memorandum of Understanding between the

Service and the band with regard to migratory bird hunting on the

reservation. (The Mille Lacs Band is currently litigating off-

reservation hunting and fishing rights with the State of Minnesota.)

The Service and the Mille Lacs Band have cooperated in this fashion

since the 1986-87 migratory bird hunting season. Similar agreements

have been reached with other tribes in other hunting seasons. The

Oneida Tribe of Indians of Wisconsin has indicated to the Service that

they will seek such an agreement in the future.

The Service actively solicits regulatory proposals from other

tribal groups that have an interest in working cooperatively for the

benefit of waterfowl and other migratory game birds. Also, tribes are

encouraged to work with the Service in developing 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. There will be a

final rule published later in an August 1994 Federal Register that will

include tribal regulations for the early hunting season. The early

season begins on September 1 each year and most commonly includes such

species as mourning doves and white-winged doves. There will also be a

final rule published in a September 1994 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, the 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 that will be permitted the State(s) in which the tribal hunting

area is located. The proposed frameworks for early-season regulations

will be published in the Federal Register in mid-July; 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. The Service will notify affected tribes of season dates, bag

limits, etc., as soon as final frameworks are established.

As discussed earlier in this document, no action is required by

tribes that wish to observe the migratory bird hunting regulations

established by the State in which a reservation is located.

The proposed regulations for the fifteen tribes with proposals that

meet the established criteria are shown below.

1. Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New

Mexico

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. The proposed seasons and bag limits

would be more conservative than allowed by the Federal frameworks of

last season and more conservative than States in the Pacific Flyway.

In a May 2, 1994, proposal, the tribe proposed the earliest opening

date permitted Pacific Flyway States for ducks for the 1994-95 hunting

season and a closing date of November 30, 1994. Daily bag and

possession limits also would be the same as permitted Pacific Flyway

States. However, it is proposed again that no canvasbacks be allowed in

the bag. Also, the goose season would continue to be closed. Other

regulations specific to the Pacific Flyway guidelines for New Mexico

would be in effect.

The Jicarilla Game and Fish Department gives an annual estimate of

harvest, which continues to be relatively small--comparatively

speaking. In the 1993-94 season, estimated duck harvest was 1323, the

largest since recordkeeping began in 1986, with the greatest percentage

of this made up of mallards (31 percent), gadwall (27 percent) and teal

(16 percent). Because water conditions on the reservation are again

excellent, another good duck production and harvest year is expected.

The requested regulations are essentially the same as were

established last year, and the Service proposes to approve the tribe's

request for the 1994-95 hunting season.

2. White Mountain Apache Tribe, Fort Apache Indian Reservation,

Whiteriver, Arizona

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 1993-94 hunting year.

The hunting zone for waterfowl continues to be restricted and is

described as: the entire length of the Black and Salt Rivers forming

the southern boundary of the reservation; the White River, extending

from the Canyon Day Stockman Station to the Salt River; and all stock

ponds located within Wildlife Management Units 4, 6 and 7. All other

waters of the reservation would be closed to waterfowl hunting for the

1994-95 season.

The tribe is proposing a continuous duck, coot, merganser,

gallinule and moorhen hunting season, with an opening date of November

12, 1994, and a closing date of January 8, 1995. The tribe proposes a

daily duck bag limit of 3, which can have no more than: 1 redhead; 2

canvasbacks; 1 pintail; and 1 hen mallard. The daily bag limit for

mergansers is 3. The daily bag limit for coots, gallinules and moorhens

would be 25 singly, or in the aggregate.

For geese, the season is proposed to extend from November 12, 1994,

through January 8, 1995. Hunting would be limited to Canada geese, and

the daily bag limit is 2.

Season dates for band-tailed pigeons and mourning doves would run

concurrently from September 2 through September 11, 1994, in Wildlife

Management Units 7 and 10, only. Proposed daily bag limits for band-

tailed pigeons and mourning doves would be 3 and 8, respectively.

Possession limits for the above referenced species are twice the

daily bag limits. Shooting hours would be from one-half hour before

sunrise to sunset. There would be no open season for sandhill cranes,

rails and snipe on the White Mountain Apache lands under this proposal.

A number of special regulations apply to tribal and non-tribal hunters,

which may be obtained from the White Mountain Apache Tribe Game and

Fish Department.

The regulations requested by the tribe for the 1994-95 seasons are

as conservative as those established last year, and the Service

proposes to approve them.

3. Colorado River Indian Tribes, Colorado River Indian Reservation,

Parker, Arizona

The Colorado River Indian Reservation is located in Arizona and

California. The tribes own almost all lands on the reservation, and

they have full wildlife management authority.

In their 1994-95 proposal, dated May 17, 1994, the Colorado River

Indian Tribes are requesting split dove seasons with regulations as

follows. The early season is proposed to begin on September 1 and end

on September 11, 1994, with the bag limits being ten (10) mourning or

ten (10) white wing doves either singly or in the aggregate. The late

season for doves is proposed to open on November 21, 1994, and close on

January 8, 1995, with the bag limit being ten (10) mourning doves. The

possession limit would be twice the daily bag limit. Shooting hours

would be from one-half hour before sunrise to sunset, and other special

tribally set regulations would apply.

The Colorado River Indian Tribes are also proposing split duck

hunting seasons, the first running from October 14, 1994, through

November 10, 1994, and the second running from December 9, 1994,

through January 8, 1995. The Tribes are proposing the same dates for

coots and common moorhens. The daily bag limit for ducks, including

mergansers, would be 4, which would include no more than 2 redheads, 2

pintails, 1 canvasback or 1 Mexican duck. The possession limit would be

twice the daily bag limit, after the first day. 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 has proposed a season

of October 22, 1994, through January 22, 1995. 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, based upon past

seasons, the anticipated harvest is estimated to be less than 400 ducks

and 100 geese.

A valid Colorado River Indian Reservation hunting permit is

required before taking wildlife and to be in possession while hunting.

As in the past, the regulations would apply both to tribal and non-

tribal hunters. The Service is proposing to approve the Colorado River

Indian Tribes regulations.

4. Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin

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 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 decision by the Service to

approve a special season for the 1836 ceded area in Michigan for the

1991-92 migratory bird hunting seasons.

Recently, certain GLIFWC member bands have brought suit to resolve

the issue of hunting, fishing and gathering rights in the Minnesota

ceded areas covered under the 1837 and 1854 treaties. The Federal

Government has intervened in support of the bands.

In a June 3, 1994, letter, the GLIFWC proposed off-reservation

special migratory bird hunting regulations for the 1994-95 seasons.

Details of the proposed regulations are shown below. In general, the

proposal contains liberalizations in bag limits for ducks (including

mergansers) and geese from 1993-94 for all of the Minnesota and

Wisconsin ceded areas. 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 be the same as those permitted

for the State of Michigan, except for the daily bag limit of geese.

Last year, the request for increase of goose bag limits was objected to

by the Service in the belief that the Southern James Bay Population of

Canada Geese, a population that has declined dramatically in the past

several years, could potentially be further hurt by this action. We now

know that this goose population is not a major contributor to the

GLIFWC member band harvest; probably less than 25 geese from this

population are taken annually by the Bay Mills Community hunters.

The Service has met several times over the last three months with

the GLIFWC to explore the increase in duck and goose bag limit issue.

The 1994-95 GLIFWC proposal provided results from those meetings and

reflects the sensitivity to biological concerns acknowledged both by

the GLIFWC and the Service. Estimates indicate that the GLIFWC bands

have been harvesting less than 2000 ducks and 600 geese annually in

past years. Results of the 1993-94 hunter survey show that 1631 ducks

and 402 geese were actually harvested. Under the proposed regulations,

the increase in harvest is projected to not exceed 3000 ducks and 900

geese. The Service believes that regulations advanced by the GLIFWC for

the 1994-95 hunting season are biologically acceptable. The Service is

proposing to approve the GLIFWC regulations. 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. The MOA is intended

to have 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

change in reference.

The GLIFWC's proposed 1994-95 waterfowl hunting season regulations

are as follows:

Ducks

A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:

Begin September 15 and end November 7, 1994.

Daily Bag Limit: 20 ducks, including no more than 10 mallards (only

5 of which may be hens), 4 black ducks, 4 redheads and 4 pintails. If a

season is offered in the Mississippi Flyway, 2 canvasbacks, otherwise

the taking of canvasbacks is prohibited.

B. Michigan, 1842 Treaty Zone: Same dates, season lengths, and

daily bag limits permitted the State of Michigan for this area under

final Federal frameworks.

C. Michigan, 1836 Treaty Zone: Same dates, season lengths, and

daily bag limits permitted the State of Michigan for this area under

final Federal frameworks.

Mergansers

A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:

Begin September 15 and end November 7, 1994.

Daily Bag Limit: The daily bag limit would be 5, including no more

than 1 hooded merganser.

B. Michigan, 1842 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 5, including no more than 1

hooded merganser.

C. Michigan, 1836 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under Federal frameworks.

The daily bag limit would be 5, including no more than 1 hooded

merganser.

Geese: Canada Geese

A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:

Begin September 15 and end December 1, 1994.

Daily Bag Limit: The daily bag limit would be 10, minus the number

of blue, snow or white-fronted geese taken.

B. Michigan, 1842 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 5.

C. Michigan, 1836 Treaty Zone: Same dates, season length and daily

bag limit permitted the State of Michigan for this area under final

Federal frameworks.

Geese: Blue, Snow and White-fronted Geese

A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:

Begin September 15 and end December 1, 1994.

Daily Bag Limit: The daily bag limit would be 10, minus the number

of Canada geese taken.

B. Michigan, 1842 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 7, minus the number of Canada

geese taken and including no more than 2 white-fronted geese.

C. Michigan, 1836 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 7, minus the number of Canada

geese taken and including no more than 2 white-fronted geese.

Other Migratory Birds: Coots and Common Moorhens (Common Gallinules)

A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:

Begin September 15 and end November 7, 1994.

Daily Bag Limit: The bag limit would be 20, singly or in the

aggregate.

B. Michigan, 1842 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 20, singly or in the

aggregate.

C. Michigan, 1836 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 20, singly or in the

aggregate.

Sora and Virginia Rails

A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:

Begin September 15 and end November 7, 1994.

Daily Bag Limit: The daily bag limit is 25 singly, or in the

aggregate. The possession limit would be 25.

B. Michigan, 1842 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 25 singly, or in the

aggregate. The possession limit would be 25.

C. Michigan, 1836 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 25, singly or in the

aggregate. The possession limit would be 25.

Common Snipe

A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:

Begin September 15 and end November 7, 1994.

Daily Bag Limit: The daily bag limit would be 8.

B. Michigan, 1842 Treaty Zone: Same dates and season length

permitted for the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 8.

C. Michigan, 1836 Treaty Zone: Same dates and season length

permitted for the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 8.

Woodcock

A. Wisconsin and Minnesota 1837, 1842 and 1854 Zones: Season Dates:

Begin September 6 and end November 30, 1994.

Daily Bag Limit: The daily bag limit would be 5.

B. Michigan, 1842 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 5.

C. Michigan, 1836 Treaty Zone: Same dates and season length

permitted the State of Michigan for this area under final Federal

frameworks. The daily bag limit would be 5.

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, 50 CFR Part 20

and shooting hour regulations in 50 CFR Part 20, Subpart K, 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 off-reservation bag or possession limit.

5. Minnesota and Michigan--Duck Blinds and Decoys. Tribal members

hunting in Michigan and Minnesota will comply with tribal codes that

contain provisions that parallel applicable State laws concerning duck

blinds and/or decoys.

5. Kalispel Tribe, Kalispel Reservation, Usk, Washington

The Kalispel Reservation was established by Executive Order in

1914, and currently comprises approximately 4600 acres. All Reservation

land is owned by the tribe and it has full management authority.

Currently, the tribe has no recognized rights to hunt, fish or gather

off-reservation. The Kalispel Tribe has a fully developed wildlife

program with hunting and fishing codes. The tribe enjoys excellent

wildlife management relations with the State of Washington, with which

it has an operational Memorandum of Understanding with emphasis on

fisheries but also for wildlife. The seasons described below pertain to

non-tribal hunters that would be allowed to harvest waterfowl on 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.

For the 1994-95 migratory bird hunting seasons, the Kalispel Tribe

is proposing duck and goose seasons that begin 2 weeks earlier and end

2 weeks later than those for the State of Washington in the same area.

The outside framework for ducks and geese would run from October 1,

1994, through January 29, 1995. In that period, non-tribal hunters

would be allowed to hunt on Wednesdays, weekends, holidays and for a

continuous period from November 28 through December 31; the total being

77 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. 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, will be observed.

The Service proposes to agree to the regulations requested by the

Kalispel Tribe.

6. Klamath Tribe, Chiloquin, Oregon

The Klamath Tribe currently has no reservation, per se. However,

the Klamath Tribe has reserved hunting, fishing and gathering rights

within the 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 conducts the setting of

seasons. Tribal harvest is monitored by both the tribal biological

staff and tribal Regulatory Enforcement Officers through frequent bag

checks and hunter interviews.

In a May 6, 1994, letter, the Klamath Tribe proposed season dates

that run from October 1, 1994, through January 28, 1995. Daily bag

limits would be 9 for ducks and 6 for geese; the possession limits

would be 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.

The Service proposes to approve the regulations of the Klamath

Tribe, provided an agreement can be reached on waterfowl sex and

species restrictions.

7. Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona

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

tribe owns almost all lands on the reservation and has full wildlife

management authority.

In a June 18, 1994, communication, the tribe proposed special

migratory bird hunting regulations on the reservation for both tribal

and nontribal members for the 1994-95 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, to be announced. For both mourning dove and band-tailed

pigeons, the Navajo Nation proposes seasons of September 1 through 30.

The Navajo Nation also proposes daily bag limits of 10 and 5 for

mourning dove and band-tailed pigeon, respectively. Possession limits

would be twice the daily bag limits.

In addition, the tribe proposes to require tribal members and

nonmembers to comply with all basic Federal migratory bird hunting

regulations in 50 CFR Part 20 regarding shooting hours and manner of

taking. In addition, each waterfowl hunter 16 years of age or over must

carry on his/her person a valid Migratory Bird Hunting and Conservation

Stamp (Duck Stamp) signed in ink across the face. Special regulations

established by the Navajo Nation also apply on the reservation. The

Service proposes to approve the Navajo Nation request for these special

regulations for the 1994-95 migratory bird hunting seasons.

8. Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin

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. However, the Oneida Tribe has

a good working relationship with the State of Wisconsin and the

majority of the seasons and limits are the same for both.

In a June 14, 1994, letter to the Service, the tribe proposed

special waterfowl hunting regulations. For ducks, geese, mourning dove

and woodcock, the Tribe described the ``outside dates'' (seasons) as

being September 1 through November 30, 1994, inclusive.

Canada goose bag limits would be 2 tribally tagged per day; the

tribe will reissue 2 tags as each 2 birds are registered. The

possession limit for Canada geese is 4. The Oneida Conservation

Department is recommending a season quota of 150 geese taken. If that

quota is attained before the season concludes, the Department

recommends closing the season early. For ducks, the daily bag limit is

5, which could include: no more than 3 mallards, with only 1 hen; 4

wood ducks; 1 canvasback; 1 redhead; and 1 hooded merganser. The daily

bag limits for mourning dove and woodcock would be 10 and 6,

respectively.

Shooting hours are proposed to be one-half hour before sunrise to

sunset. Indians and non-Indians hunting on the Oneida Indian

Reservation or on lands under the jurisdiction of the Oneida Nation

will observe all basic Federal migratory bird hunting regulations found

in 50 CFR, except that the tribe proposes to exempt Indian hunters from

the purchase of the Migratory Waterfowl Hunting and Conservation Stamp

(``Duck Stamp'') and the plugging of shotguns to limit capacity to 3

shells.

The Service proposes to approve the request for special migratory

bird hunting regulations for the Oneida Tribe of Indians of Wisconsin

if the tribe requires tribal members to plug shotguns to limit capacity

to three shells.

9. Penobscot Indian Nation, Old Town, Maine

Since June 1985, the Service has approved a general migratory bird

hunting season for both Penobscot tribal members and nonmembers, under

regulations adopted by the State, and a sustenance season that applies

only to tribal members. At the Service's request, the tribe has

monitored black duck and other waterfowl harvest during each sustenance

season and has confirmed that it is negligible in size. The waterfowl

harvest in the 1993-94 sustenance season is assumed to be low and

similar to that of the previous seasons.

The Penobscot Nation usually outlines their migratory bird hunting

season proposal through the Service's Region 5 Office, however, this

year has not provided confirmatory information. The tribe normally

requests special sustenance regulations for tribal members in an area

of trust lands that includes but is much larger than the reservation.

These lands were acquired by the tribe in the 1980 Maine Indian Claims

Settlement. The tribe would be proposing a 1994-95 sustenance hunting

season of 75 days (September 17-November 30), with a daily bag limit of

4 ducks, including no more than 1 black duck and 2 wood ducks. The

daily bag limit for geese would include 3 Canada geese or 3 snow geese,

or 3 in the aggregate. When the sustenance and Maine's general

waterfowl season overlap, the daily bag limit for tribal members would

be only the larger of the two daily bag limits. All other Federal

regulations would be observed by tribal members, including that

shooting hours would be from one-half hour before sunrise to sunset.

Nontribal members hunting within Penobscot Indian Territory would

adhere to the seasons and bag limits established by the State of Maine.

The Service proposes to approve the 1994-95 regulations put forward

by the Penobscot Nation, provided the tribe provides the appropriate

confirmation copies of regulations for the seasons.

10. Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort

Thompson, South Dakota

The Crow Creek Indian Reservation has a checkerboard pattern of

land ownership, with much of the land owned by non-Indians. Up until

the 1993-94 season, the tribe observed the waterfowl hunting

regulations established by the State of South Dakota. However, the

tribe is continuing to develop a wildlife management program, and in a

proposal dated June 13, 1994, requested that it set its own 1994-95

special waterfowl hunting regulations as it did for the 1993-94 hunting

season. These regulations would be in accordance with Federal

guidelines and independent of the State of South Dakota seasons. The

tribe would have a later, continuous duck season, beginning on October

29 and ending on December 11, 1994, and the same daily bag and

possession limits permitted by final Federal frameworks, to be

announced. The requested hunting season dates would probably not be

within Federal frameworks. The season and bag limits would be

essentially the same as last year, and harvest is again expected to be

low because of the small number of hunters. Estimated harvest, based on

hunter reports, for ducks last season was about 67, including 59

mallards. The tribe states there may be an increase in the success of

duck hunters in the 1994-95 season due to the shift in season dates.

The tribe requested that the goose hunting season begin on October

9, 1994, and extend through January 1, 1995. The daily bag and

possession limits would be those permitted by final Federal frameworks,

to be announced. Harvest for last season has been estimated at about

203, of which 191 were Canada geese. This harvest level is less than

half of the estimated harvest for the previous hunting season. Harvest

for this coming seasoning should be approximately the same as last

season.

The Service proposes to approve the tribal requests for duck and

goose hunting regulations. In the past, the duck regulations have been

continued on an experimental basis; the Service now considers these

regulations to be operational. However, as with all other groups, the

Service asks that the tribe continue to survey and report the harvest.

11. Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,

South Dakota

For the first time, in the 1994-95 migratory bird seasons, the

Lower Brule Sioux Tribe and the Service are cooperating to establish

regulations for the Lower Brule Reservation. 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, however, the Lower Brule Tribe currently has full

management authority. On-reservation management authority over fish and

wildlife was established for the Lower Brule Sioux Tribe via a MOA with

the State of South Dakota, dated October 24, 1986. This MOA will

continue until settled by the court. The MOA provides the tribe

jurisdiction over fish and wildlife on reservation lands, including

deeded and Corps of Engineers taken lands. Recent meetings between the

Lower Brule Sioux Tribe, the South Dakota Department of Game, Fish and

Parks and the Service have yielded consensus on the implementation of

this Agreement for the 1994-95 season. This will allow the public a

clear understanding of the Lower Brule Sioux Wildlife Department

license requirements and regulations. The Lower Brule Reservation

waterfowl season is open to tribal and non-tribal hunters alike.

For the 1994-95 migratory bird hunting season, the Lower Brule

Sioux Tribe is proposing a duck season length of 51 days, which would

run from October 14 through December 3. The daily bag limit would be 4

ducks, which could include 4 mallards but no more than 1 hen mallard.

The goose season would run from October 14 through December 31, with

daily bag limits of 2 Canadas or 2 white-fronted geese, or 2 in the

aggregate. The daily bag limit for snow geese would be 10. Possession

limits for the above would be twice the daily bag limits.

For the 1993-94 season, calculations set the duck harvest at 136,

primarily mallards, and the goose harvest at 3,654, virtually all

Canada geese. With these proposed regulations, the duck harvest is

anticipated to increase by 90 and the goose harvest by 500. Estimates

of increase are based on conditions in 1994-95 being the same or

similar to the flight conditions in 1993-94. 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. The Lower Brule Sioux Tribe has an official Conservation

Code that was established by Tribal Council Resolution on June 1982.

The Service proposes to approve the regulations set out here for

the Lower Brule Reservation, provided the Service and the tribe can

come to agreement on restrictions relative to species of concern, e.g.,

wood ducks, redheads, canvasbacks, hooded mergansers and pintails.

12. Yankton Sioux Tribe, Marty, South Dakota

On May 31, 1994, the Yankton Sioux Tribe submitted a waterfowl

hunting proposal for the 1994-95 season. The Yankton Sioux tribal

waterfowl hunting season would be open to both tribal members and

nonmembers. The waterfowl hunting regulations to be established by this

proposal would apply to tribal and trust lands within the external

boundaries of the reservation.

The duck (including mergansers) and coot hunting regulations

proposed by the Yankton Sioux Tribe, including seasons and bag limits,

are as follows: Season limits would be October 29 to December 6, 1994.

The possession limits for ducks and coots would be twice the daily bag

limits, with only double the species restrictions. Daily bag limits

would be 4 for ducks and 15 for coots. For ducks, the daily bag limit

would include only 3 mallards (of which only 1 may be a hen), 1

redhead, 1 pintail, 2 wood ducks, 1 canvasback and 1 hooded merganser.

Swan season and bag limits would follow those set by the State of

South Dakota, for both tribal and nontribal hunters.

The tribe has requested a continuous Canada (including brant), snow

and white-fronted goose hunting season, beginning approximately October

1 and ending on December 18, 1994. The dark goose daily bag limit would

be 2 Canada geese and 1 white-fronted goose. For white geese, the daily

bag limit would be 10. Possession limits for geese are twice the daily

bag limit.

A special extended goose season is proposed within the Yankton

Sioux Reservation for both tribal and nontribal members. This season

would begin at the close of the regular goose season (December 19,

1994) and continue through January 8, 1995. During this extended

season, hunting for geese would be allowed only in the special hunting

zone established by the Yankton Sioux Tribe in the area commonly known

as the Chalk Rock Colony (Goose Hunting Unit 2). Bag limit and other

regulations information, as well as maps, for this zone would be

available at the Bureau of Indian Affairs Office in Wagner, 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 would have to comply with all basic Federal migratory

bird hunting regulations in 50 CFR Part 20, regarding shooting hours

and manner of taking. Special regulations established by the Yankton

Sioux Tribe also apply on the reservation.

The Service proposes to concur with the Yankton Sioux proposal for

the 1994-95 hunting season, and requests that the tribe continue to

monitor and report the harvest of Canada, snow and white-fronted geese.

13. Confederated Salish and Kootenai Tribes, Flathead Indian

Reservation, Pablo, Montana

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. Reservation proposed special regulations for waterfowl

hunting were submitted to the Service in a May 20, 1994, letter and

would follow regulations for the Montana area of the Pacific Flyway,

included in final Federal frameworks.

As in the past, tribal regulations for non-tribal duck and goose

hunters would be at least as restrictive as for the Pacific Flyway

portion of the State and, if circumstances warrant, would provide for

early closure of goose hunting. Early closure may occur on December 4,

1994, in the special goose management unit that will be described in a

later rulemaking. Shooting hours for waterfowl hunting on the Flathead

Reservation are sunrise to sunset over the dates to be specified in the

final regulations.

The requested season dates and bag limits are similar to the

regulations of the past five years and it is anticipated there will be

no significant changes in harvest levels. Data from check stations

indicate the estimated 1993-94 duck harvest to be 309 and the goose

harvest to be 120. A 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 1994-95 hunting season.

14. Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,

Idaho

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 nontribal 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 it seemed likely that they would provide

additional protection to mallards and pintails; the State concurred

with the zoning arrangement. The Service has no objection to the

State's use of this zone again in the 1994-95 hunting season, provided

the duck and goose hunting season dates are the same as on the

reservation. In a May 11, 1994, proposal, for the 1994-95 hunting

season, the Shoshone-Bannock Tribes have 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 to be announced. If 59 days are

permitted, as in last year, this could conceivably begin the season on

October 22 and conclude it on December 20, 1994, with a later opening

and a later closure. 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 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 a later opening (October 8, 1994) and a

later closing date (January 8, 1995) than last year.

Non-tribal hunters must comply with all basic Federal migratory

bird hunting regulations in 50 CFR Part 20, regarding shooting hours

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 to approve them.

15. The Tulalip Tribes of Washington, Tulalip Indian Reservation,

Marysville, Washington

The Tulalip Tribes are the successors in interest to the Snohomish,

Snoqualmie and Skykomish tribes and other 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 letter dated May 13, 1994, the Tulalip Tribes proposed tribal

and non-tribal hunting regulations for the 1994-95 seasons as follows:

For ducks and coot, the proposed season for tribal members would be

from September 15, 1994, through February 1, 1995. In the case of non-

tribal hunters hunting on the reservation, the season would be the

latest closing date and the longest period of time allowed for the

State of Washington under final Federal frameworks, to be announced.

Daily bag and possession limits for Tulalip Tribal members would be 6

and 12 ducks, respectively, except that for blue-winged teal,

canvasback, harlequin, pintail and wood duck the bag and possession

limits would be the same as those established for the State of

Washington in accordance with final Federal frameworks. For non-tribal

hunters, bag and possession limits would be the same as those permitted

the State of Washington under final Federal frameworks, to be

announced. It would be necessary for non-tribal hunters to check with

the Tulalip tribal authorities for additional conservation measures

which may apply for specific species managed within the ``region.''

For geese, tribal members are proposed to be allowed to hunt from

September 15, 1994, through February 1, 1995. Non-tribal hunters would

be allowed the longest season and the latest closing date permitted for

the State of Washington under final Federal frameworks, to be

announced. For tribal hunters, the goose daily bag and possession

limits are proposed to 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, to be announced. 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, to be announced. The Tulalip Tribe also sets a maximum

annual bag limit on ducks and geese for those tribal members who engage

in subsistence hunting.

For snipe, the proposed open seasons follow those regulations for

ducks, coot and geese given above. For both tribal and non-tribal

hunters, snipe daily bag and possession limits are proposed to be set

at 6 and 12, respectively.

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

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 through signature across the face in ink.

Although the season length requested by the Tulalip Tribes appears

to be quite liberal, a rough estimate of past harvests indicates a

total take by tribal and non-tribal hunters under 1,000 ducks and 500

geese, annually. The Service intends to concur with the Tulalip Tribes

request for the above seasons and requests that the harvest be

monitored closely and regulations be reevaluated for future years if

harvest becomes too great in relation to population numbers.

Public Comment

The Director intends that finally adopted rules be as responsive as

possible to all concerned interests. Therefore, she desires to obtain

the comments and suggestions on these proposals from the public, other

concerned governmental agencies, tribal and other Indian organizations,

and private interests, and she will take into consideration any

reasonable comments received. Such comments, and any additional

information received, may lead the Director to adopt final regulations

differing from these proposals.

No public comment has been provided to the Service for the Notice

of Intent published on April 7, 1994, to promulgate a rulemaking with

regard to regulations for migratory bird hunting by American Indian

tribal members.

Comment Procedure

Special circumstances in the establishment of these regulations

limit the amount of time that the Service can allow for public comment.

Two considerations compress the time in which this rulemaking process

must operate: the need, on the one hand, for tribes and the Service to

establish final regulations before September 1, 1994, and on the other

hand, the unavailability until late July of specific reliable data for

each year's status of waterfowl. Therefore, the Service believes that

to allow a comment period past August 31, 1994 is impracticable in

terms of publishing timely rulemakings and contrary to the public

interest.

It is the policy of the Department of the Interior, whenever

practicable, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may participate by

submitting written comments to the Director, (FWS/MBMO), U.S. Fish and

Wildlife Service, Department of the Interior, 634 ARLSQ, 1849 C St.,

NW, Washington, D.C. 20240. Comments received will be available for

public inspection during normal business hours at the Service's Office

of Migratory Bird Management in Room 634, Arlington Square Building,

4401 N. Fairfax Drive, Arlington, VA 22203. All relevant comments on

the proposals received no later than August 31, 1994 will be

considered.

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). 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. When

completed, the Service's biological opinion resulting from its

consultation under Section 7 of the Endangered Species Act may be

inspected by the public in, and/or are available to the public from,

the Division of Endangered Species and Habitat Conservation and the

Office of Migratory Bird Management, U.S. Fish and Wildlife Service,

Department of the Interior, Washington, D.C. 20240. Copies of these

documents are available from the Service at the address indicated under

the caption ADDRESSES.

Regulatory Flexibility Act, Executive Order 12866, and the

Paperwork Reduction Act

In the April 7 Federal Register, the Service reported measures it

had undertaken to comply with requirements of the Regulatory

Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and Executive Order

12866. These included preparing an Analysis of Regulatory Effects,

preparing a Small Entity Flexibility Analysis under the Regulatory

Flexibility Act, and publishing a summary of the latter. This

information is included in the present document by reference. This

action was not subject to review by the Office of Management and Budget

under Executive Order 12866. This rule does not contain any information

collection requiring approval by the Office of Management and Budget

under 44 U.S.C. 3504.

Authorship

The primary author of this proposed rulemaking is Dr. Keith A.

Morehouse, Office of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, 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, 1994, 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 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 1994-95

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 1, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-20038 Filed 8-15-94; 8:45 am]

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