Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1995-96 Season

Part III

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 20

Migratory Bird Hunting; Federal Indian Reservations and Ceded Lands;

Proposed Rule

Proposed Rules

=======================================================================

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AC79

Migratory Bird Hunting; Proposed Migratory Bird Hunting

Regulations on Certain Federal Indian Reservations and Ceded Lands for

the 1995-96 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

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 1995-

96 migratory bird hunting season.

DATES: The comment period for these proposed regulations will end

August 28, 1995.

ADDRESSES: Comments should be sent to: Chief, Office of Migratory Bird

Management, 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: Ron W. Kokel or Dr. Keith A.

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

Service, (703/358-1714).

ments 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 or Dr. Keith A.

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

Service, (703/358-1714).

SUPPLEMENTARY INFORMATION: In the March 24, 1995, Federal Register (60

FR 15642), the Service requested proposals from Indian tribes that

wished to establish special migratory bird hunting regulations for the

1995-96 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

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 others interested

parties

ns 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 others 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

al 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

rtunity 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. 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.

In summary, the purpose of this document is to propose 1995-96

season migratory bird hunting regulations for participating tribes.

Hunting Season Proposals from Indian Tribes and Organizations

For the 1995-96 hunting season, the Service received requests from

seventeen 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 Seminole Tribe

of Florida, the Grand Traverse Band of Ottawa and Chippewa Indians

(Michigan), and the Squaxin Island Tribe (Washington) are included in

the regulations this year for the first time.

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

oposals 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 1995 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 1995 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 were published in the Federal Register on July 21, 1995 (60

FR 37754); 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

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 season would run from October 15, 1995,

through November 12, 1995, and the second from December 9, 1995,

through January 7, 1996. The Tribes are proposing the same season dates

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

mergansers, would be 4 birds, 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 have proposed a season

of October 21, 1995, through January 21, 1996. 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.

Hunters are required to 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 would be required for waterfowl hunting.

The Service is proposing to approve the Colorado River Indian Tribes

regulations.

2. Confederated Salish and Kootenai Tribes, Flathead Indian

Reservation, Pablo, Montana

orado 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 would be required for waterfowl hunting.

The Service is proposing to approve the Colorado River Indian Tribes

regulations.

2. 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 30, 1995, proposal.

As in the past, tribal regulations for nontribal duck hunters 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. However, the Tribes propose a possible increase in the daily

bag limit of dark geese from 3 to 4 geese, given the results of 1995

Canada goose production data and discussions with the State of Montana

and the Pacific Flyway Council. The Tribes' requested dark goose daily

bag increase is prompted by increasing reports of goose depredation.

Shooting hours for waterfowl hunting on the Flathead Reservation

are sunrise

ose a possible increase in the daily

bag limit of dark geese from 3 to 4 geese, given the results of 1995

Canada goose production data and discussions with the State of Montana

and the Pacific Flyway Council. The Tribes' requested dark goose daily

bag increase is prompted by increasing reports of goose depredation.

Shooting hours for waterfowl hunting on the Flathead Reservation

are sunrise

to sunset over the dates to be specified in the final regulations and

steel shot is the only legal shotgun load on the reservation for

waterfowl.

The requested season dates and bag limits are generally similar to

the regulations of the past five years, with the exception of geese,

and it is anticipated that there will be no significant changes in

harvest levels. 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.

Pending approval of the increased daily bag limit of geese by the

State of Montana and the Pacific Flyway Council, the Service proposes

to approve the Tribes' request for special migratory bird regulations

for the 1995-96 hunting season.

3. 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. Since the

1993-94 season, the tribe has selected special waterfowl hunting

regulations independent of the State of South Dakota. All basic

migratory bird hunting regulations contained in 50 CFR part 20 would be

observed by the tribe.

For the 1995-96 hunting season, the tribe, in a proposal dated June

1, 1995, requested duck season dates of October 28 to December 23,

1995, with the same daily bag and possession limits permitted by the

final Federal frameworks, to be announced

s independent of the State of South Dakota. All basic

migratory bird hunting regulations contained in 50 CFR part 20 would be

observed by the tribe.

For the 1995-96 hunting season, the tribe, in a proposal dated June

1, 1995, requested duck season dates of October 28 to December 23,

1995, with the same daily bag and possession limits permitted by the

final Federal frameworks, to be announced. 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. Last year, estimated duck harvest was 48 birds

down from 67 in 1994-95.

For geese, the tribe requested a goose hunting season of October 7,

1995, through January 7, 1996, with the daily bag and possession limits

the same as those permitted by final Federal frameworks, to be

announced. The tribe estimates harvest for last season to be about 90

geese which represented less than half of the estimated harvest for the

previous hunting season. Harvest for this coming season should be

approximately the same as last season.

The Service proposes to approve the tribal requests for duck and

goose hunting regulations. As with all other groups, the Service asks

that the tribe continue to survey and report the harvest.

4. Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,

Michigan

For the first time, in the 1995-96 migratory bird seasons, the

Grand Traverse Band of Ottawa and Chippewa Indians and the Service are

cooperating 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 which

ceded to the United States roughly one-third of the land base of the

present State of Michigan, 80 percent of Lake Michigan off the Michigan

shoreline to the center, northern Lake Huron, and the eastern end of

Lake Superior

ally 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 which

ceded to the United States roughly one-third of the land base of the

present State of Michigan, 80 percent of Lake Michigan off the Michigan

shoreline to the center, northern Lake Huron, and the eastern end of

Lake Superior. 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 1995-96 season, the Grand Traverse Band of Ottawa and

Chippewa is proposing a tribal member duck season that would run from

October 1 through November 30, 1995. A daily bag limit of 5 would

include no more than 1 pintail, 1 canvasback, 1 black duck, 2 wood

ducks, and 1 hen mallard.

For Canada geese, the tribe proposes a September 1 through November

30, 1995, and a January 1 through February 7, 1996, season. For white-

fronted geese, brant, and snow geese, the tribe proposes a October 1

through November 30, 1995 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 tribes. 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 to

monitor 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's requested 1995-96 special migratory bird hunting

regulations.

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

ks, patrols, and mail surveys. In particular, the tribe proposes to

monitor 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's requested 1995-96 special migratory bird hunting

regulations.

5. 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

chigan 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 May 18, 1995, letter, the GLIFWC proposed off-reservation

special migratory bird hunting regulations for the 1995-96 seasons.

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

proposal is essentially identical to the regulations approved for the

1994-95 season for ducks (including mergansers) and geese for all of

the

Government has intervened in support of the bands.

In a May 18, 1995, letter, the GLIFWC proposed off-reservation

special migratory bird hunting regulations for the 1995-96 seasons.

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

proposal is essentially identical to the regulations approved for the

1994-95 season for ducks (including mergansers) and geese 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. In the past, the GLIFWC's request for increased 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.

Results of the 1994-95 hunter survey show that 1901 ducks and 719

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 1995-96 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

tions

advanced by the GLIFWC for the 1995-96 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 1995-96 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, 1995.

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, 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

hens), 4 black ducks, 4 redheads, 4 pintails, and 2

canvasbacks.

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, 1995.

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, 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, 1995.

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

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, 1995.

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, 1995.

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

: 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, 1995.

Daily Bag Limit: The daily bag and possession limit is 25 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 and possession limit would be 25 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 and possession limit would be 25, singly or

in the aggregate.

Common Snipe

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

Season Dates: Begin September 15 and end November 7, 1995.

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:

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 5 and end November 30, 1995.

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

ing 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.

6. 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. 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 4, 1995, proposal, the tribe proposed a 1995-96 waterfowl

season opening date of October 14 and a closing date of November 30,

1995. Daily bag and possession limits would be similar to Pacific

Flyway States. The tribe proposes, however, an additional duck in the

daily bag limit and a closed season on canvasbacks and geese. Other

regulations specific to the Pacific Flyway guidelines for New Mexico

would be in effect

ribe proposed a 1995-96 waterfowl

season opening date of October 14 and a closing date of November 30,

1995. Daily bag and possession limits would be similar to Pacific

Flyway States. The tribe proposes, however, an additional duck in the

daily bag limit and a closed season on canvasbacks and geese. 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

waterfowl harvest, which continues to be relatively small--

comparatively speaking. In the 1994-95 season, estimated duck harvest

was 1,212, down from 1,323 in 1993-94. The species composition included

mallards (27 percent), gadwall (32 percent), teal (20 percent), and

wigeon (10 percent). Northern pintail comprised only 2 percent of the

total harvest.

The proposed regulations are essentially the same as were

established last year and the tribe anticipates the maximum 1995-96

waterfowl harvest would be around 2,100 ducks. However, the tribe's

requested shorter season, compared to past years, and the unlikelihood

that every hunter would harvest the maximum daily bag limit, probably

inflate the tribe's estimated harvest.

In large part, the Service agrees with the tribe's requested 1995-

96 hunting seasons. The Service is concerned, however, with the tribe's

request to increase the daily bag limit of ducks for nontribal members

over that allowed by Federal frameworks for States in the Pacific

Flyway. Generally, greater harvest accommodations provided to tribal

members stem from treaty rights, which are not held by nontribal

members. While the Service commends the tribe for its generally

conservative regulation- setting policy, a discrepancy of this nature

would not be in the best long-term interest of the well-established

cooperative tribal regulation-development process conducted between the

Jicarilla Apache Tribe and the Service since 1986

ribal

members stem from treaty rights, which are not held by nontribal

members. While the Service commends the tribe for its generally

conservative regulation- setting policy, a discrepancy of this nature

would not be in the best long-term interest of the well-established

cooperative tribal regulation-development process conducted between the

Jicarilla Apache Tribe and the Service since 1986. Therefore, the

Service proposes to approve the tribe's request for the 1995-96 hunting

season if the tribe agrees to adopt the same nontribal daily bag limit

for ducks as that allowed Pacific Flyway States by the Federal

frameworks.

7. 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 1995-96 migratory bird hunting seasons, the Kalispel Tribe

proposed, in a June 27, 1995, letter, 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 frameworks, however, for ducks

and geese would run from October 1, 1995, through January 31, 1996

provide additional waterfowl hunting in the

area.

For the 1995-96 migratory bird hunting seasons, the Kalispel Tribe

proposed, in a June 27, 1995, letter, 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 frameworks, however, for ducks

and geese would run from October 1, 1995, through January 31, 1996. 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 66

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, and anticipated 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, will be observed.

The Service proposes to agree to the regulations requested by the

Kalispel Tribe.

8. 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

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 June 2, 1995, letter, the Klamath Tribe proposed season dates

that run from October 1, 1995, through January 28, 1996. 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. 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 1994 levels.

The Service proposes to approve the regulations of the Klamath

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

species restrictions.

9. Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,

South Dakota

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, however, the Lower Brule Tribe currently has full

management authority

Brule,

South Dakota

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, 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. Although the tribe

is in litigation with the State of South Dakota regarding jurisdiction,

this MOA will continue to be in effect until settled by the Federal

District 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 1995-

96 season. This will 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 1995-96 migratory bird hunting season, the Lower Brule

Sioux Tribe is proposing a duck season length of 51 days or the maximum

number of days in the High Plains Zone if greater. The tribe's proposed

season would run from October 7 through November 26, 1995 with any

additional days added after November 26. The daily bag limit would be 4

ducks, which could no more than 1 hen mallard, 1 redhead, 1 canvasback,

1 pintail, 1 hooded merganser, or 2 wood ducks, or the maximum daily

bag limit in South Dakota

s or the maximum

number of days in the High Plains Zone if greater. The tribe's proposed

season would run from October 7 through November 26, 1995 with any

additional days added after November 26. The daily bag limit would be 4

ducks, which could no more than 1 hen mallard, 1 redhead, 1 canvasback,

1 pintail, 1 hooded merganser, or 2 wood ducks, or the maximum daily

bag limit in South Dakota.

The tribe's proposed goose season would run from October 7 through

December 31, 1995, with a daily bag limit of 2 dark geese, which may

not include more than 1 white-fronted geese. The daily bag limit for

light geese would be 10. Possession limits would be twice the daily bag

limits.

In the 1994-95 season, 234 hunters harvested an estimated 511 geese

(0.9 geese per hunter-day) and 396 ducks (0.7 ducks per hunter-day).

Duck species composition was primarily mallard (57 percent), gadwall

(10 percent), and green-winged teal (10 percent), while goose harvest

was 98 percent Canada geese. In addition, harvest at two tribal goose

camps totalled 3,105 geese of which over 97 percent were Canada geese.

With the tribe's proposed regulations for 1995-96, duck harvest is

anticipated to be approximately 500 birds (an increase of 25 percent),

while goose harvest is expected to be similar to last year. 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

1994.

The Service proposes to approve the tribe's proposed regulations

set out here for the Lower Brule Reservation.

10

l 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

1994.

The Service proposes to approve the tribe's proposed regulations

set out here for the Lower Brule Reservation.

10. 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 30, 1995, communication, the tribe proposed special

migratory bird hunting regulations on the reservation for both tribal

and nontribal members for the 1995-96 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

ply 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 1995-96 migratory bird hunting seasons.

11. 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. 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 1, 1995, letter to the Service, the tribe proposed

special migratory bird hunting regulations. For ducks, geese, mourning

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

as being September 1 through November 30, 1995, inclusive.

The Oneida Conservation Department is recommending a season quota

of 150 Canada geese. Canada goose bag limits would be 2 tribally tagged

geese per day and the tribe will reissue 2 tags as each 2 birds are

registered. The possession limit for Canada geese is 4. If the quota is

attained before the season concludes,

dates'' (seasons)

as being September 1 through November 30, 1995, inclusive.

The Oneida Conservation Department is recommending a season quota

of 150 Canada geese. Canada goose bag limits would be 2 tribally tagged

geese per day and the tribe will reissue 2 tags as each 2 birds are

registered. The possession limit for Canada geese is 4. If the quota is

attained before the season concludes,

the Department recommends closing the season early.

For ducks, 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. The daily

bag and possession limits for mourning dove and woodcock would be 10/20

and 6/12, 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.

12. Seminole Tribe of Florida, Big Cypress Seminole Reservation,

Clewiston, Florida

For the first time, in the 1995-96 migratory bird seasons, the

Seminole Tribe of Florida and the Service are cooperating 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 enjoys full wildlife management

authority.

For the 1995-96 season, the Seminole Tribe is proposing to

establish a mourning dove season that would run from September 20,

1995, through January 15, 1996

operating 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 enjoys full wildlife management

authority.

For the 1995-96 season, the Seminole Tribe is proposing to

establish a mourning dove season that would run from September 20,

1995, through January 15, 1996. Hunting would be by both tribal and

non-tribal members, however, hunting 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.

The tribe expects the harvest for the Reservation to be 6,000

doves, and will cease hunting after the anticipated harvest has been

reached. All entry to the hunt area is controlled by the tribe and all

bag limits are checked by the Seminole Department of Law Enforcement.

The Service proposes to approve the Seminole Tribe's requested

1995-96 special migratory bird hunting regulations.

13. 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 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 it seemed likely that they would provide

additional protection to mallards and pintails; the State of Idaho

concurred with the zoning arrangement

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 of Idaho

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

the State's use of this zone again in the 1995-96 hunting season,

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

reservation.

In a June 7, 1995, proposal, for the 1995-96 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 20 and

conclude it on December 20, 1995. Coot and snipe season dates would be

the same as for ducks, with the same daily bag and possession limits

permitted Pacific Flyway States. The tribes anticipate harvest to 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 8, 1995, and a

closing date of January 8, 1996. The tribes anticipate harvest to 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, regarding shooting hours,

use of steel shot, and manner of taking. Special regulations

established by the Shoshone-Bannock Tribes also apply on the

reservation

of October 8, 1995, and a

closing date of January 8, 1996. The tribes anticipate harvest to 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, regarding 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 to approve them.

14. Squaxin Island Tribe, Squaxin Island Reservation, Shelton,

Washington

For the first time, in the 1995-96 migratory bird seasons, the

Squaxin Island Tribe of Washington and the Service are cooperating to

establish special tribal migratory bird hunting regulations for the

Squaxin Island Tribe. 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 1995-96 season, the Squaxin Island Tribe is proposing to

establish duck, coot, and snipe seasons that would run from September

15, 1995, through January 15, 1996. 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 to establish a season that would run

from September 15, 1995, through January 15, 1996. 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 to establish a September 15 to

December 31, 1995, season with a daily bag limits of 2 birds per day.

The tribe also proposes a September 15 to December 1, 1995, season for

band-tailed pigeons with a daily bag limit of 2 per day

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 to establish a September 15 to

December 31, 1995, season with a daily bag limits of 2 birds per day.

The tribe also proposes a September 15 to December 1, 1995, season for

band-tailed pigeons with a daily bag limit of 2 per day.

In all cases, the possession limit would be twice the daily bag

limit. Shooting hours would be from one-half hour before sunrise to

one-half hour after sunset and steel shot would be required for

migratory bird hunting. Further, the tribe requires all harvest to be

reported to the tribe's Natural Resources Office within 72 hours.

Under the proposed regulations, the tribe estimates the harvest for

the Reservation to be as follows: 400 ducks; 2,500 coots; 800 snipe;

400 geese; and 200 brant. Tribal regulations are enforced by the

tribe's Law Enforcement Department.

The Service proposes to approve the Squaxin Island Tribe's

requested 1995-96 special migratory bird hunting regulations.

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.

egulations.

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 June 2, 1995, the Tulalip Tribes proposed tribal

and non-tribal hunting regulations for the 1995-96 seasons as follows:

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

from September 15, 1995, through February 1, 1996. In the case of non-

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

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

State of Washington under final Pacific Flyway Federal frameworks, 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, 1995, through February 1, 1996

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, 1995, through February 1, 1996. 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 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, 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 Tribes also set 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 and coot detailed above. For both tribal and non-tribal hunters,

snipe daily bag and possession limits are proposed to be 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

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.

16. 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 1994-95 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

1995-96 season.

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

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

11, 1995, and a closing date of January 7, 1996. 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

waterfowl hunting for the

1995-96 season.

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

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

11, 1995, and a closing date of January 7, 1996. 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 11, 1995,

through January 7, 1996. 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 1 through September 10, 1995, 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 1995-96 seasons are

as conservative as those established last year, and the Service

proposes to approve them.

17. Yankton Sioux Tribe, Marty, South Dakota

On June 1, 1995, the Yankton Sioux Tribe submitted a waterfowl

hunting proposal for the 1995-96 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

oux Tribe, Marty, South Dakota

On June 1, 1995, the Yankton Sioux Tribe submitted a waterfowl

hunting proposal for the 1995-96 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.

For duck (including mergansers) and coots, the Yankton Sioux Tribe

proposes season dates of November 4 to December 13, 1995. Daily bag and

possession limits would be the same as those adopted by the State of

South Dakota.

For geese, the tribe has requested a dark geese (Canada geese,

brant, white-fronts) and snow geese hunting season of October 14, 1995,

to January 7, 1996. Daily bag and possession limits would be the same

as those adopted by the State of South Dakota.

All hunters would have to be in possession of a valid tribal

license while hunting on Yankton Sioux trust lands. Tribal and

nontribal hunters would have to comply with all basic Federal migratory

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

and the manner of taking. Special regulations established by the

Yankton Sioux Tribe also apply on the reservation.

During the 1994-95 hunting season, the tribe reports that slightly

more than 100 geese were harvested by both tribal

and non-tribal members. The tribe further anticipates that the 1995-96

waterfowl harvest should be less than 150 geese and 50 ducks.

The Service proposes to concur with the Yankton Sioux proposal for

the 1995-96 hunting season, and requests that the tribe continue to

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

Public Comment

00 geese were harvested by both tribal

and non-tribal members. The tribe further anticipates that the 1995-96

waterfowl harvest should be less than 150 geese and 50 ducks.

The Service proposes to concur with the Yankton Sioux proposal for

the 1995-96 hunting season, and requests that the tribe continue to

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

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 March 24, 1995, 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, 1995, 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 September 1, 1995 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

specific reliable data for

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

to allow a comment period past September 1, 1995 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 September 1, 1995 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

-

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 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

or are available to the public from,

the Division of Endangered Species 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 March 24 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 authors of this proposed rulemaking are Ron W. Kokel

and Dr. Keith A. Morehouse, 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, 1995, on certain Federal Indian reservations,

off-reservation trust lands, and ceded lands

ldlife.

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, 1995, 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 1995-96

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 10, 1995.

Robert P. Davison,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-20447 Filed 8-16-95; 8:45 am]

BILLING CODE 4310-55-F