Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1996-97 Season

Part VI

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 20

Proposed Migratory Bird Hunting Regulations on Certain Federal Indian

Reservations and Ceded Lands for the 1996-97 Season; Proposed Rule

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD69

Migratory Bird Hunting; Proposed Migratory Bird Hunting

Regulations on Certain Federal Indian Reservations and Ceded Lands for

the 1996-97 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: This rule proposes special migratory bird hunting regulations

for certain tribes on Federal Indian reservations, off-reservation

trust lands, and ceded lands for the 1996-97 migratory bird hunting

season.

DATES: The comment period for these proposed regulations will end

August 26, 1996.

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.

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, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, (703/358-1714).

SUPPLEMENTARY INFORMATION: In the March 22, 1996, Federal Register (61

FR 11986), the Service requested proposals from Indian tribes wishing

to establish special migratory bird hunting regulations for the 1996-97

hunting season, under the guidelines described in the June 4, 1985,

Federal Register (50 FR 23467). The Service developed guidelines in

response to tribal requests for recognition of their reserved hunting

rights and, for some tribes, recognition of their authority to regulate

hunting by both tribal and non-tribal members on their reservations.

The guidelines include possibilities for:

(1) on-reservation hunting by both tribal and nontribal members,

with hunting by nontribal members on some reservations to take place

within Federal frameworks but on dates different from those selected by

the surrounding State(s);

(2) on-reservation hunting by tribal members only, outside of usual

Federal frameworks for season dates and length, and for daily bag and

possession limits; and

(1) on-reservation hunting by both tribal and nontribal members,

with hunting by nontribal members on some reservations to take place

within Federal frameworks but on dates different from those selected by

the surrounding State(s);

(2) on-reservation hunting by tribal members only, outside of usual

Federal frameworks for season dates and length, and for daily bag and

possession limits; and

(3) off-reservation hunting by tribal members on ceded lands,

outside of usual framework dates and season length, with some added

flexibility in daily bag and possession limits.

In all cases, the regulations established under the guidelines must

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

by the 1916 Migratory Bird Treaty with Canada. The guidelines apply to

those tribes having recognized reserved hunting rights on Federal

Indian reservations (including off-reservation trust lands) and on

ceded lands. They also apply to establishing migratory bird hunting

regulations for nontribal members on all lands within the exterior

boundaries of reservations where tribes have full wildlife management

authority over such hunting or where the tribes and affected States

otherwise have reached agreement over hunting by nontribal members on

lands owned by 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

-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

wish to establish special hunting regulations for tribal members on

ceded lands.

Because of past questions regarding interpretation of what events

trigger the consultation process, as well as who initiates it, the

Service provides the following clarification. The Service routinely

provides copies of Federal Register publications to all State

Directors, tribes and others interested parties. It is the

responsibility of the States, tribes and others to notify the Service

of any concern regarding any feature(s) of any regulations to the

attention of the Service. When the Service receives such notification,

we will initiate consultation.

Service guidelines provide for the continued harvest of waterfowl

and other migratory game birds by tribal members on reservations where

it has been a customary practice. The Service does not oppose this

harvest, provided it does not take place during the closed season

defined by the 1916 Migratory Bird Convention with Canada, and does not

adversely affect the status of the migratory bird resource.

Before developing the guidelines, the Service reviewed available

information on the current status of migratory bird populations;

reviewed the current status of migratory bird hunting on Federal Indian

reservations; and evaluated the potential impact of such guidelines on

migratory birds. The Service concluded that the impact of migratory

bird harvest by tribal members hunting on their reservations is

minimal

the guidelines, the Service reviewed available

information on the current status of migratory bird populations;

reviewed the current status of migratory bird hunting on Federal Indian

reservations; and evaluated the potential impact of such guidelines on

migratory birds. The Service concluded that the impact of migratory

bird harvest by tribal members hunting on their reservations is

minimal.

One area of interest in Indian migratory bird hunting regulations

relates to hunting seasons for nontribal members on dates that are

within Federal frameworks, but which are different from those

established by the State(s) where the reservation is located. A large

influx of nontribal hunters onto a reservation at a time when the

season is closed in the surrounding State(s) could result in adverse

population impacts on one or more migratory bird species. The

guidelines make this unlikely, however, because tribal proposals must

include:

(a) details on the harvest anticipated under the requested

regulations;

(b) methods to be used in measuring or monitoring harvest (such as

bag checks, mail questionnaires, etc.);

(c) steps to be used to limit level of harvest, where it could be

shown that failure to limit such harvest would adversely impact the

migratory bird resource; and

(d) the tribes ability to establish and enforce migratory bird

hunting regulations.

The Service may modify or establish regulations experimentally,

after evaluation and confirmation of harvest information obtained by

the tribes.

The Service believes the guidelines provide appropriate opportunity

to accommodate the reserved hunting rights and management authority of

Indian tribes while ensuring that the migratory bird resource receives

necessary protection. The conservation of this important international

resource is paramount. The guidelines should not be viewed as

inflexible. In this regard, the Service notes that they have been

employed successfully since 1985

ropriate opportunity

to accommodate the reserved hunting rights and management authority of

Indian tribes while ensuring that the migratory bird resource receives

necessary protection. The conservation of this important international

resource is paramount. The guidelines should not be viewed as

inflexible. In this regard, the Service notes that they have been

employed successfully since 1985. The Service believes they have been

tested adequately and therefore, made them final beginning with the

1988-89 hunting season. It should be stressed here, however, that use

of the guidelines is not mandatory and no action is required if a tribe

wishes to observe the hunting regulations established by the

State(s) in which the reservation is located.

In summary, this document proposes 1996-97 season migratory bird

hunting regulations for participating tribes.

Hunting Season Proposals from Indian Tribes and Organizations

For the 1996-97 hunting season, the Service received requests from

twenty tribes and Indian organizations in accordance with 1985 proposal

guidelines and appropriate for Federal Register publication. The Fond

du Lac Band of Lake Superior Chippewa Indians (Minnesota), the Point No

Point Treaty Tribes (Washington), and the Swinomish Indians

(Washington) are included in the regulations this year for the first

time.

The Service actively solicits regulatory proposals from other

tribal groups that have are interested in working cooperatively for the

benefit of waterfowl and other migratory game birds. The Service

encourages tribes to work with us to develop agreements for management

of migratory bird resources on tribal lands.

It should be noted that this proposed rule includes generalized

regulations for both early- and late-season hunting. A final rule will

be published later in an August 1996 Federal Register that will include

tribal regulations for the early-hunting season

game birds. The Service

encourages tribes to work with us to develop agreements for management

of migratory bird resources on tribal lands.

It should be noted that this proposed rule includes generalized

regulations for both early- and late-season hunting. A final rule will

be published later in an August 1996 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. A final rule will also be

published in a September 1996 Federal Register that will include

regulations for late-season hunting. The late season begins on or

around October 1 and most commonly includes waterfowl species.

In this current rulemaking, because of the compressed timeframe for

establishing regulations for Indian tribes and because final frameworks

dates and other specific information are not available, the regulations

for many tribal hunting seasons are described in relation to the season

dates, season length and limits that will be permitted when final

Federal frameworks are announced for early- and late-season

regulations. For example, daily bag and possession limits for ducks on

some areas are shown as ``Same as permitted Pacific Flyway States under

final Federal frameworks,'' and limits for geese will be shown as the

same permitted by the State(s) in which the tribal hunting area is

located.

The proposed frameworks for early-season regulations were published

in the Federal Register on July 19, 1996 (61 FR 37994); 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

duck hunting seasons. The first

season would run from October 13, 1996, through November 10, 1996, and

the second from December 7, 1996, through January 5, 1997. The tribes

propose 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.

The daily bag limit for coots and common moorhens would be 25, singly

or in the aggregate. The possession limit for coots and common moorhens

would be twice the daily bag limit.

For geese, the Colorado River Indian Tribes propose a season of

October 19, 1996, through January 19, 1997. The daily bag and

possession limits for geese would be 5, which would include no more

than 3 white geese (snow and/or Ross and blue geese) and not more than

2 dark geese (Canada geese).

Under the proposed regulations described here and, based upon past

seasons, the tribes estimate harvest will be less than 400 ducks and

100 geese.

Hunters must have a valid Colorado River Indian Reservation hunting

permit in their possession while hunting. As in the past, the

regulations would apply both to tribal and non-tribal hunters, and non-

toxic shot is required for waterfowl hunting. The Service proposes to

approve the Colorado River Indian Tribes regulations for the 1996-97

hunting season.

be less than 400 ducks and

100 geese.

Hunters must have a valid Colorado River Indian Reservation hunting

permit in their possession while hunting. As in the past, the

regulations would apply both to tribal and non-tribal hunters, and non-

toxic shot is required for waterfowl hunting. The Service proposes to

approve the Colorado River Indian Tribes regulations for the 1996-97

hunting season.

(b) Confederated Salish and Kootenai Tribes, Flathead Indian

Reservation, Pablo, Montana (Non-tribal Hunters)

For the past several years, the Confederated Salish and Kootenai

Tribes and the State of Montana have entered into cooperative

agreements for the regulation of hunting on the Flathead Indian

Reservation. The State and the tribes are currently operating under a

cooperative agreement signed in 1990 that addresses fishing and hunting

management and regulation issues of mutual concern. This agreement

enables all hunters to utilize waterfowl hunting opportunities on the

reservation. The tribes proposed special regulations for waterfowl

hunting were submitted to the Service in a May 28, 1996, proposal.

As in the past, tribal regulations for nontribal members would be

at least as restrictive as those established for the Pacific Flyway

portion of Montana. Goose season dates would also be at least as

restrictive as those established for the Pacific Flyway portion of

Montana.

Shooting hours for waterfowl hunting on the Flathead Reservation

are sunrise to sunset. Steel shot is the only legal shotgun load on the

reservation for waterfowl.

The requested season dates and bag limits are generally similar to

past regulations. Harvest levels are not expected to change

significantly. Standardized check station data from the 1993-94 and

1994-95 hunting seasons indicated no significant changes in harvest

levels and that the large majority of the harvest is by non-tribal

hunters.

The Service proposes to approve the tribes' request for special

migratory bird regulations for the 1996-97 hunting season.

past regulations. Harvest levels are not expected to change

significantly. Standardized check station data from the 1993-94 and

1994-95 hunting seasons indicated no significant changes in harvest

levels and that the large majority of the harvest is by non-tribal

hunters.

The Service proposes to approve the tribes' request for special

migratory bird regulations for the 1996-97 hunting season.

(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort

Thompson, South Dakota (Tribal Members and Non-tribal Hunters)

The Crow Creek Indian Reservation has a checkerboard pattern of

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

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

regulations independent of the State of South Dakota. The tribe

observes migratory bird hunting regulations contained in 50 CFR part

20.

In a May 20, 1996, proposal, the tribe requested duck season dates

of October 26 to December 22, 1995, with the same daily bag and

possession limits permitted by the final Federal frameworks. The season

and bag limits would be essentially the same as last year, given the

final Federal frameworks, and harvest is again expected to be low

because of the small number of hunters. In 1994-95, duck harvest was 48

birds, down from 67 in 1993-94.

For geese, the tribe requested a goose hunting season of October 5,

1996, through January 5, 1997, with the daily bag and possession limits

the same as those permitted by final Federal frameworks. The tribe's

estimated harvest for last season has not been compiled, however, the

1994-95 harvest was 90 geese. This figure is less than half of the

estimated harvest for the previous hunting season. Harvest for the

1996-97 coming season should be approximately the same as that in 1994-

95.

The Service proposes to approve the tribal requests for duck and

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

requests the tribe continue to survey and report harvest.

94-95 harvest was 90 geese. This figure is less than half of the

estimated harvest for the previous hunting season. Harvest for the

1996-97 coming season should be approximately the same as that in 1994-

95.

The Service proposes to approve the tribal requests for duck and

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

requests the tribe continue to survey and report harvest.

(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,

Minnesota (Tribal Members Only)

For the first time, the Service and the Fond du Lac Band of Lake

Superior Chippewa Indians are cooperating to establish special

migratory bird hunting regulations for tribal members. In the past, the

Service and the band established these special regulations under the

auspices of the Great Lakes Indian Fish and Wildlife Commission. The

Fond du Lac's May 29, 1996, proposal covers land ceded to the band

under the Treaty of 1854 in northeast Minnesota.

The band's proposal for 1996-97 is essentially the same as that

approved by the Service last year for the Great Lakes Indian Fish and

Wildlife Commission. For a more complete review of the history, and the

Service's position, surrounding the establishment of special migratory

bird hunting regulations on lands ceded under the Treaty of 1854, see

the proposal by the Great Lakes Indian Fish and Wildlife Commission

below.

Specifically, the Fond du Lac Band proposes a September 14 to

November 24, 1996, season on ducks, mergansers, geese, coots and

moorhens, sora and virginia rails, snipe, and woodcock. Proposed bag

limits would consist of the following:

Ducks

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

5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2

canvasbacks.

Mergansers

Daily Bag Limit: 5 mergansers, including no more than 1 hooded

merganser.

Geese

Daily Bag Limit: 10 geese.

Coots and Common Moorhens (Common Gallinules)

Daily Bag Limit: 25 coots and common moorhens, singly or in the

aggregate.

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

5 of which may be hens), 4 black ducks, 4 redheads, 4 pintails, and 2

canvasbacks.

Mergansers

Daily Bag Limit: 5 mergansers, including no more than 1 hooded

merganser.

Geese

Daily Bag Limit: 10 geese.

Coots and Common Moorhens (Common Gallinules)

Daily Bag Limit: 25 coots and common moorhens, singly or in the

aggregate.

Sora and Virginia Rails

Daily Bag and Possession Limit: 25 sora and Virginia rails singly,

or in the aggregate.

Common Snipe

Daily Bag Limit: 8 common snipe.

Woodcock

Daily Bag Limit: 5 woodcock.

The following general conditions apply:

1. While hunting waterfowl, a tribal member must carry on his/her

person a valid tribal waterfowl hunting permit.

2. Except as otherwise noted, tribal members will be required to

comply with tribal codes that will be no less restrictive than the

provisions of Chapter 10 of the Model Off-Reservation Code. Except as

modified by the Service rules adopted in response to this proposal,

these amended regulations parallel Federal requirements in 50 CFR Part

20 as to hunting methods, transportation, sale, exportation and other

conditions generally applicable to migratory bird hunting.

3. Band members in each zone will comply with State regulations

providing for closed and restricted waterfowl hunting areas.

4. Possession limits for each species are double the daily bag

limit, except on the opening day of the season, when the possession

limit equals the daily bag limit, unless otherwise noted above.

Possession limits are applicable only to transportation and do not

include birds which are cleaned, dressed, and at a member's primary

residence. For purposes of enforcing bag and possession limits, all

migratory birds in the possession or custody of band members on ceded

lands will be considered to have been taken on those lands unless

tagged by a tribal or State conservation warden as having been taken

on-reservation

able only to transportation and do not

include birds which are cleaned, dressed, and at a member's primary

residence. For purposes of enforcing bag and possession limits, all

migratory birds in the possession or custody of band members on ceded

lands will be considered to have been taken on those lands unless

tagged by a tribal or State conservation warden as having been taken

on-reservation. All migratory birds which fall on reservation lands

will not count as part of any off-reservation bag or possession limit.

The band anticipates harvest will be fewer than 500 ducks and geese

and 150 coots. Estimated harvest is based on mail survey results from

the 1995 season.

The Service proposes to approve the request for special migratory

bird hunting regulations for the Fond du Lac Band of Lake Superior

Chippewas.

(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,

Michigan (Tribal Members Only)

In the 1995-96 migratory bird seasons, the Grand Traverse Band of

Ottawa and Chippewa Indians and the Service first cooperated to

establish special regulations for waterfowl. The Grand Traverse Band is

a self-governing, federally recognized tribe located on the west arm of

Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse

Band is a signatory tribe of the Treaty of 1836. The Service has

approved special regulations for tribal members of the 1836 treaty's

signatory tribes on ceded lands in Michigan since the 1986-87 hunting

season.

For the 1996-97 season, the Grand Traverse Band of Ottawa and

Chippewa Indians proposes a tribal member duck season that would run

from September 15 through November 30, 1996. A daily bag limit of 7

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

wood ducks, 2 redheads, and 2 hen mallards.

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

30, 1996, and a January 1 through February 7, 1996, season

Band of Ottawa and

Chippewa Indians proposes a tribal member duck season that would run

from September 15 through November 30, 1996. A daily bag limit of 7

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

wood ducks, 2 redheads, and 2 hen mallards.

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

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

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

through November 30, 1996, season. The daily bag limit for all geese

(including brant) would be 5 birds. Based on Service information, it is

unlikely that any Canada geese from the Southern James Bay Population

would be harvested by the tribe. All other Federal regulations

contained in 50 CFR part 20 would apply.

The tribe proposes to closely monitor harvest through game bag

checks, patrols, and mail surveys. In particular, the tribe proposes

monitoring the harvest of Southern James Bay Canada geese to assess any

impacts of tribal hunting on the population.

The Service proposes to approve the Grand Traverse Band of Ottawa

and Chippewa Indian's requested 1996-97 special migratory bird hunting

regulations.

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

(Tribal Members Only)

Since 1985, various bands of the Lake Superior Tribe of Chippewa

Indians have exercised judicially recognized off-reservation hunting

rights for migratory birds in Wisconsin. The specific regulations were

established by the Service in consultation with the Wisconsin

Department of Natural Resources and the Great Lakes Indian Fish and

Wildlife Commission (GLIFWC, which represents the various bands).

Beginning in 1986, a tribal season on ceded lands in the western

portion of the State's Upper Peninsula was developed in coordination

with the Michigan Department of Natural Resources, and the Service has

approved special regulations for tribal members in both Michigan and

Wisconsin since the 1986-87, hunting season

n Fish and

Wildlife Commission (GLIFWC, which represents the various bands).

Beginning in 1986, a tribal season on ceded lands in the western

portion of the State's Upper Peninsula was developed in coordination

with the Michigan Department of Natural Resources, and the Service has

approved special regulations for tribal members in both Michigan and

Wisconsin since the 1986-87, hunting season. In 1987, the GLIFWC

requested and the Service approved special regulations to permit tribal

members to hunt on ceded lands in Minnesota, as well as in Michigan and

Wisconsin. The States of Michigan and Wisconsin concurred with the

regulations, although Wisconsin has raised some concerns each year.

Minnesota did not concur with the regulations, stressing that the State

would not recognize Chippewa Indian hunting rights in Minnesota's

treaty area until a court with jurisdiction over the State acknowledges

and defines the extent of these rights. The Service acknowledged the

State's concern, but pointed out that the United States Government has

recognized the Indian hunting rights decided in the Voigt case, and

that acceptable hunting regulations have been negotiated successfully

in both Michigan and Wisconsin even though the Voigt decision did not

specifically address ceded land outside Wisconsin. The Service believes

this is appropriate because the treaties in question cover ceded lands

in Michigan (and Minnesota), as well as in Wisconsin. Consequently, in

view of the above, the Service has approved special regulations since

the 1987-88 hunting season on ceded lands in all three States. In fact,

this recognition of the principle of reserved treaty rights for band

members to hunt and fish was pivotal in a Service decision to approve a

special 1991-92 season for the 1836 ceded area in Michigan.

Recently, certain GLIFWC member bands have brought suit to resolve

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

ceded areas covered under the 1837 and 1854 treaties

fact,

this recognition of the principle of reserved treaty rights for band

members to hunt and fish was pivotal in a Service decision to approve a

special 1991-92 season for the 1836 ceded area in Michigan.

Recently, certain GLIFWC member bands have brought suit to resolve

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

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

Government has intervened in support of the bands.

In a May 29, 1996, letter, the GLIFWC proposed off-reservation

special migratory bird hunting regulations for the 1996-97 seasons.

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

proposal is essentially identical to the regulations approved for the

1995-96 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 would 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 1995-96 hunter survey show that 2747 ducks and 391

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

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 1995-96 hunter survey show that 2747 ducks and 391

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 1996-97 hunting season are biologically acceptable and recommends

approval. If the regulations are finalized as proposed, the Service

would request that the GLIFWC closely monitor the member band duck

harvest and take any actions necessary to reduce harvest if locally

nesting populations are being significantly impacted.

The Commission and the Service are parties to a Memorandum of

Agreement (MOA) designed to facilitate the ongoing enforcement of

Service-approved tribal migratory bird regulations. Its intent is to

provide long-term cooperative application.

Also, as in recent seasons, the proposal contains references to

Chapter 10 of the Migratory Bird Harvesting Regulations of the Model

Off-Reservation Conservation Code. Chapter 10 regulations parallel

State and Federal regulations and, in effect, are not changed by this

proposal.

The GLIFWC's proposed 1996-97 waterfowl hunting season regulations

are as follows:

Ducks

A. Wisconsin and Minnesota 1837 and 1842 Zones:

Season Dates: Begin September 15 and end November 7, 1996.

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.

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

A. Wisconsin and Minnesota 1837 and 1842 Zones:

Season Dates: Begin September 15 and end November 7, 1996.

Daily Bag Limit: 5 mergansers.

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 and 1842 Zones:

Season Dates: Begin September 15 and end December 1, 1996.

Daily Bag Limit: 10 Canada geese, 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, 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 and 1842 Zones:

Season Dates: Begin September 15 and end December 1, 1996.

Daily Bag Limit: 10 geese, 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 geese, 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 geese, 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 and 1842 Zones:

Season Dates: Begin September 15 and end November 7, 1996.

Daily Bag Limit: 20 coots and common moorhens (common gallinules),

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.

ichigan, 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 and 1842 Zones:

Season Dates: Begin September 15 and end November 7, 1996.

Daily Bag Limit: 25 sora and Virginia rails 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 sora and

Virginia rails 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 sora and

Virginia rails singly, or in the aggregate.

Common Snipe

A. Wisconsin and Minnesota 1837 and 1842 Zones:

Season Dates: Begin September 15 and end November 7, 1996.

Daily Bag Limit: 8 common snipe.

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 common snipe.

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 common snipe.

mit: 8 common snipe.

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 common snipe.

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 common snipe.

Woodcock

A. Wisconsin and Minnesota 1837 and 1842 Zones:

Season Dates: Begin September 3 and end November 30, 1996.

Daily Bag Limit: 5 woodcock.

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 woodcock.

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 woodcock.

D. General Conditions

1. While hunting waterfowl, a tribal member must carry on his/her

person a valid tribal waterfowl hunting permit.

2. Except as otherwise noted, tribal members will be required to

comply with tribal codes that will be no less restrictive than the

provisions of Chapter 10 of the Model Off-Reservation Code. Except as

modified by the Service rules adopted in response to this proposal,

these amended regulations parallel Federal requirements in 50 CFR Part

20 as to hunting methods, transportation, sale, exportation and other

conditions generally applicable to migratory bird hunting.

3. Tribal members in each zone will comply with State regulations

providing for closed and restricted waterfowl hunting areas.

4. Possession limits for each species are double the daily bag

limit, except on the opening day of the season, when the possession

limit equals the daily bag limit, unless otherwise noted above.

Possession limits are applicable only to transportation and do not

include birds which are cleaned, dressed, and at a member's primary

residence

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.

(g) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New

Mexico (Tribal Members and Non-tribal Hunters)

The Jicarilla Apache Tribe has had special migratory bird hunting

regulations for tribal members and nonmembers since the 1986-87 hunting

season. The tribe owns all lands on the reservation and has recognized

full wildlife management authority. In general, the proposed seasons

would be more conservative than allowed by the Federal frameworks of

last season and by States in the Pacific Flyway.

In a May 15, 1996, proposal, the tribe proposed a 1996-97 waterfowl

season opening date of October 5 and a closing date of November 30,

1996. Daily bag and possession limits would be the same as Pacific

Flyway States. The tribe proposes, however, a closed season on

canvasbacks and Canada geese. Other regulations specific to the Pacific

Flyway guidelines for New Mexico would be in effect

way.

In a May 15, 1996, proposal, the tribe proposed a 1996-97 waterfowl

season opening date of October 5 and a closing date of November 30,

1996. Daily bag and possession limits would be the same as Pacific

Flyway States. The tribe proposes, however, a closed season on

canvasbacks and Canada geese. Other regulations specific to the Pacific

Flyway guidelines for New Mexico would be in effect.

The Jicarilla Game and Fish Department's annual estimate of

waterfowl harvest is relatively small. In the 1995-96 season, estimated

duck harvest was 1,104, down from 1,212 in 1994-95. The species

composition in the past has included mainly mallards, gadwall, teal,

and wigeon. Northern pintail comprised only 2 percent of the total

harvest in 1994.

The proposed regulations are essentially the same as were

established last year and the tribe anticipates the maximum 1996-97

waterfowl harvest would be around 1,300 ducks. However, a severe

drought which occurred on the reservation could limit waterfowl hunting

opportunities and result in a significantly decreased harvest.

The Service proposes to approve the tribe's requested 1996-97

hunting seasons.

(h) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal

Members and Non-tribal Hunters)

The Kalispel Reservation was established by Executive Order in

1914, and currently comprises approximately 4600 acres. The tribe owns

all Reservation land and has full management authority. The Kalispel

Tribe has a fully developed wildlife program with hunting and fishing

codes. The tribe enjoys excellent wildlife management relations with

the State. The tribe and the State have an operational Memorandum of

Understanding with emphasis on fisheries but also for wildlife. The

non-tribal member seasons described below pertain to a 176 acre

waterfowl management unit. The tribe is utilizing this opportunity to

rehabilitate an area that needs protection because of past land use

practices, as well as to provide additional waterfowl hunting in the

area

be and the State have an operational Memorandum of

Understanding with emphasis on fisheries but also for wildlife. The

non-tribal member seasons described below pertain to a 176 acre

waterfowl management unit. The tribe is utilizing this opportunity to

rehabilitate an area that needs protection because of past land use

practices, as well as to provide additional waterfowl hunting in the

area.

For the first time, the requested 1996-97 regulations also include

a proposal for Kalispel-member only migratory bird hunting on Kalispel-

ceded lands within Washington and Idaho.

For the 1996-97 migratory bird hunting seasons, the Kalispel Tribe

proposed, in a June 18, 1996, letter, tribal and non-tribal member

waterfowl seasons. For non-tribal members, the tribe requests seasons

which begin 2 weeks earlier and end 2 weeks later than those for the

State of Washington in the same area. The outside frameworks, however,

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

1997. 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 68 days. Hunters should obtain further information on days

from the Kalispel Tribe. Daily bag and possession limits would be the

same as those for the State of Washington. Harvest is expected to be

less than 200 geese and 250 ducks.

All other State and Federal regulations contained in 50 CFR Part

20, such as use of steel shot and possession of a signed migratory bird

hunting stamp, would be required.

For tribal members on Kalispel-ceded lands, the Kalispel proposes

outside frameworks for ducks and geese of October 1, 1996, through

January 31, 1997. However, during that period, the tribe proposes that

the season run continuously. Daily bag and possession limits would be

the same as those for the States of Washington and Idaho. Harvest is

expected to be less than 200 geese and 250 ducks

d.

For tribal members on Kalispel-ceded lands, the Kalispel proposes

outside frameworks for ducks and geese of October 1, 1996, through

January 31, 1997. However, during that period, the tribe proposes that

the season run continuously. Daily bag and possession limits would be

the same as those for the States of Washington and Idaho. Harvest is

expected to be less than 200 geese and 250 ducks.

Tribal members would be required to possess a signed Federal

migratory bird stamp and a tribal ceded lands permit.

The Service proposes to approve the regulations requested by the

Kalispel Tribe.

(i) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)

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

the Klamath Tribe has reserved hunting, fishing and gathering rights

within its former reservation boundary. This area of former

reservation, granted to the Klamaths by the Treaty of 1864, is over 1

million acres. Tribal natural resource management authority is derived

from the Treaty of 1864, and carried out cooperatively under the

judicially enforced Consent Decree of 1981. The parties to this Consent

Decree are the Federal Government, the State of Oregon and the

Klamaths. The Klamath Indian Game Commission sets the seasons. The

tribal biological staff and tribal Regulatory Enforcement Officers

monitor tribal harvest by frequent bag checks and hunter interviews.

In a May 31, 1996, letter, the Klamath Tribe proposed season dates

that run from October 1, 1996, through January 31, 1997. Daily bag

limits would be 9 for ducks and 6 for geese with possession limits

twice the daily bag limit. The daily bag and possession limit for coots

would be 25. Shooting hours would be one-half hour before sunrise to

one-half hour after sunset.

Based on the number of birds produced in the Klamath Basin, the

tribe expects that this year's duck harvest will be similar to last

year's while goose harvest will most likely be above 1995 levels

geese with possession limits

twice the daily bag limit. The daily bag and possession limit for coots

would be 25. Shooting hours would be one-half hour before sunrise to

one-half hour after sunset.

Based on the number of birds produced in the Klamath Basin, the

tribe expects that this year's duck harvest will be similar to last

year's while goose harvest will most likely be above 1995 levels.

Information on tribal harvest suggests that more than 70 percent of the

annual goose harvest is local birds produced in the Klamath basin.

The Service proposes to approve the regulations of the Klamath

Tribe.

(j) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,

South Dakota (Tribal Members and Non-tribal Hunters)

The Lower Brule Sioux Tribe first established tribal migratory bird

hunting regulations for the Lower Brule Reservation in 1994. The Lower

Brule Reservation is about 214,000 acres in size and is located on and

adjacent to the Missouri River, south of Pierre. Land ownership on the

reservation is mixed, 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. The MOA provides the

tribe jurisdiction over fish and wildlife on reservation lands,

including deeded and Corps of Engineers taken lands. Although the tribe

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

this MOA has continued to be in effect until ultimate settlement by the

Federal District Court. This year, the Federal District Court granted a

recent motion for a stay which will allow the existing MOA to continue.

Meetings between the Lower Brule Sioux Tribe, the South Dakota

Department of Game, Fish and Parks and the Service are continuing

the State of South Dakota regarding jurisdiction,

this MOA has continued to be in effect until ultimate settlement by the

Federal District Court. This year, the Federal District Court granted a

recent motion for a stay which will allow the existing MOA to continue.

Meetings between the Lower Brule Sioux Tribe, the South Dakota

Department of Game, Fish and Parks and the Service are continuing. For

the 1996-97 season, this stay 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 1996-97 migratory bird hunting season, the Lower Brule

Sioux Tribe proposes a duck season length of 83 days, the same number

of days as allowed in the High Plains Management Unit. The tribe's

proposed season would run from October 10 through December 31, 1996.

The daily bag limit would be the same as that allowed by South Dakota.

Possession limits would be twice the daily bag limits.

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

December 31, 1996, 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 1995-96 season, hunters harvested an estimated 411 geese and

362 ducks. In 1994, duck harvest species composition was primarily

mallard (57 percent), gadwall (10 percent), and green-winged teal (10

percent). Goose harvest was 98 percent Canada geese. Additionally, 1995

tribal goose camp harvest was 2,511 geese. For the past 3 years, goose

camp harvest averaged approximately 3,000 geese. In 1994, 97 percent of

this traditional harvest was Canada geese.

The tribe anticipates a duck harvest of 500 birds and a goose

harvest similar to the 3-year average if its 1996-97 regulations are

approved

cent). Goose harvest was 98 percent Canada geese. Additionally, 1995

tribal goose camp harvest was 2,511 geese. For the past 3 years, goose

camp harvest averaged approximately 3,000 geese. In 1994, 97 percent of

this traditional harvest was Canada geese.

The tribe anticipates a duck harvest of 500 birds and a goose

harvest similar to the 3-year average if its 1996-97 regulations are

approved. All basic Federal regulations contained in 50 CFR Part 20,

including the use of steel shot, Migratory Waterfowl Hunting and

Conservation Stamp, etc., would be observed by the tribe's proposed

regulations. In addition, the Lower

Brule Sioux Tribe has an official Conservation Code that was

established by Tribal Council Resolution on June 1982 and updated in

1996.

The Service proposes to approve the tribe's proposed regulations

for the Lower Brule Reservation.

(k) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona

(Tribal Members and Non-tribal Hunters)

Since 1985, the Service has established uniform migratory bird

hunting regulations for tribal members and nonmembers on the Navajo

Indian Reservation (in parts of Arizona, New Mexico, and Utah). The

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

management authority.

In a July 17, 1996, communication, the tribe proposed special

migratory bird hunting regulations on the reservation for both tribal

and non-tribal members for the 1996-97 hunting season for ducks

(including mergansers), Canada geese, coots, band-tailed pigeons, and

mourning doves. For waterfowl, the Navajo Nation requests the earliest

opening dates and longest seasons, and the same daily bag and

possession limits, permitted Pacific Flyway States under final Federal

frameworks.

For both mourning dove and band-tailed pigeons, the Navajo Nation

proposes seasons of September 1 through 30. The Navajo Nation also

proposes daily bag limits of 10 and 5 for mourning dove and band-tailed

pigeon, respectively

requests the earliest

opening dates and longest seasons, and the same daily bag and

possession limits, permitted Pacific Flyway States under final Federal

frameworks.

For both mourning dove and band-tailed pigeons, the Navajo Nation

proposes seasons of September 1 through 30. The Navajo Nation also

proposes daily bag limits of 10 and 5 for mourning dove and band-tailed

pigeon, respectively. Possession limits would be twice the daily bag

limits.

In addition, the nation proposes to require tribal members and non-

members to comply with all basic Federal migratory bird hunting

regulations in 50 CFR Part 20 pertaining to shooting hours and manner

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

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

Conservation Stamp (Duck Stamp) signed in ink across the face. 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 1996-97 migratory bird hunting seasons.

(l) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal

Members Only)

Since 1991-92, the Oneida Tribe of Indians of Wisconsin and the

Service have cooperated to establish uniform regulations for migratory

bird hunting by tribal and non-tribal hunters within the original

Oneida Reservation boundaries. Since 1985, the Oneida Tribe's

Conservation Department has enforced their own hunting regulations

within those original reservation limits. The Oneida Tribe also has a

good working relationship with the State of Wisconsin and the majority

of the seasons and limits are the same for the tribe and Wisconsin.

In a June 3, 1996, letter to the Service, the tribe proposed

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

woodcock, the tribe described the general ``outside dates'' as being

September 1 through November 30, 1996, inclusive.

The tribe recommends a season quota of 150 Canada geese

sconsin and the majority

of the seasons and limits are the same for the tribe and Wisconsin.

In a June 3, 1996, letter to the Service, the tribe proposed

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

woodcock, the tribe described the general ``outside dates'' as being

September 1 through November 30, 1996, inclusive.

The tribe recommends a season quota of 150 Canada geese. Canada

goose bag limits would be 2 tribally tagged geese per day. The tribe

will reissue 2 tags when 2 birds are registered. The possession limit

for Canada geese is 4. If the quota is attained before the season

concludes, the tribe will recommend 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.

For woodcock, the tribe proposes a daily bag and possession limit

of 6 and 12, respectively.

The tribe proposes shooting hours be one-half hour before sunrise

to sunset. Tribal members and non-tribal members hunting on the

Reservation or on lands under the jurisdiction of the tribe will

observe all basic Federal migratory bird hunting regulations found in

50 CFR, with the following exceptions. Indian hunters would be exempt

from the purchase of the Migratory Waterfowl Hunting and Conservation

Stamp (Duck Stamp); and shotgun capacity would not be limited to 3

shells.

The Service proposes to approve the request for special migratory

bird hunting regulations for the Oneida Tribe of Indians of Wisconsin,

provided the tribe continues to delay the opening of their duck season

until September 15. The Oneida tribe has traditionally delayed the

opening of their duck season to September 15 to avoid possible

significant impacts on local nesting duck populations. The Service

commends the tribe for these conservation efforts.

tory

bird hunting regulations for the Oneida Tribe of Indians of Wisconsin,

provided the tribe continues to delay the opening of their duck season

until September 15. The Oneida tribe has traditionally delayed the

opening of their duck season to September 15 to avoid possible

significant impacts on local nesting duck populations. The Service

commends the tribe for these conservation efforts.

(m) Point No Point Treaty Tribes, Kingston, Washington (Tribal Members

and Non-tribal Hunters)

For the first time, the Service and the Point No Point Treaty

Tribes, consisting of the Skokomish, Port Gamble Sklallam, Jamestown

Sklallam, and Elwha Sklallam tribes, are cooperating to establish

special regulations for migratory bird hunting. The four tribes have

reservations located on the Olympic Peninsula in Washington. All four

tribes have successfully administered tribal hunting regulations since

1985 and each tribe has a comprehensive hunting ordinance.

The tribes' May 10, 1996, proposal requests seasons for ducks,

geese, brant, snipe, grebes, and mourning doves with the earliest

opening date available, and the same daily bag and possession limits

and season length allowed under final Federal frameworks for the

Pacific Flyway and the State of Washington in 1996. For conservation,

the tribes request a closed season on wood ducks, harlequin ducks,

Aleutian Canada geese, cackling Canada geese, band-tailed pigeons and

swans.

Anticipated tribal harvest under the proposed regulations is

approximately 300 to 350 birds for all four tribes. Harvest is

monitored using a mail survey after the season.

The Service proposes to approve the Point No Point Treaty Tribes

requested 1996-97 regulations.

a closed season on wood ducks, harlequin ducks,

Aleutian Canada geese, cackling Canada geese, band-tailed pigeons and

swans.

Anticipated tribal harvest under the proposed regulations is

approximately 300 to 350 birds for all four tribes. Harvest is

monitored using a mail survey after the season.

The Service proposes to approve the Point No Point Treaty Tribes

requested 1996-97 regulations.

(n) Seminole Tribe of Florida, Big Cypress Seminole Reservation,

Clewiston, Florida (Tribal Members and Non-tribal Hunters)

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

Seminole Tribe of Florida and the Service cooperated to establish

regulations for the 70,000 acre Big Cypress Seminole Reservation.

Located northwest of Miami, the Big Cypress Seminole Reservation is

totally tribally owned and the tribe has full wildlife management

authority.

For the 1996-97 season, the Seminole Tribe proposes establishing a

mourning dove season from September 22, 1996, through January 15, 1997.

Hunting would be allowed for tribal and non-tribal members, but would

be on Sundays only from 1:00 p.m. to sunset. Daily bag limits would be

the same as those allowed within the Federal frameworks for the State

of Florida. All other Federal regulations contained in 50 CFR part 20

would apply.

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

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

reached. The tribe controls all entry to the hunt area.

The Service proposes to approve the Seminole Tribe's requested

1996-97 special migratory bird hunting regulations.

he 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. The tribe controls all entry to the hunt area.

The Service proposes to approve the Seminole Tribe's requested

1996-97 special migratory bird hunting regulations.

(o) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,

Idaho (Non-tribal Hunters)

Almost all of the Fort Hall Indian Reservation is tribally-owned.

The tribes claim full wildlife management authority throughout the

reservation, but the Idaho Fish and Game Department has disputed tribal

jurisdiction, especially for hunting by non-tribal members on

reservation lands owned by non-Indians. As a compromise, since 1985,

the Service has established the same waterfowl hunting regulations on

the reservation and in a surrounding off-reservation State zone. The

regulations were requested by the tribes and provided for different

season dates than in the remainder of the State. The Service agreed to

the season dates because they seemed to provide additional protection

to mallards and pintails. The State of Idaho concurred with the zoning

arrangement. The Service has no objection to the State's use of this

zone again in the 1996-97 hunting season, provided the duck and goose

hunting season dates are the same as on the reservation.

In a May 22, 1996, proposal for the 1996-97 hunting season, the

Shoshone-Bannock Tribes requested a continuous duck (including

mergansers) season with the maximum number of days and the same daily

bag and possession limits permitted Pacific Flyway States, under final

Federal frameworks. The tribes propose that, if the same number of

hunting days (93) are permitted as last year, the season would have an

opening date of October 8, 1996, and a closing date of January 8, 1997

Tribes requested a continuous duck (including

mergansers) season with the maximum number of days and the same daily

bag and possession limits permitted Pacific Flyway States, under final

Federal frameworks. The tribes propose that, if the same number of

hunting days (93) are permitted as last year, the season would have an

opening date of October 8, 1996, and a closing date of January 8, 1997.

Coot and snipe season dates would be the same as for ducks, with the

same daily bag and possession limits permitted Pacific Flyway States.

The tribes anticipate harvest will be between 2,000 and 5,000 ducks.

The tribes also requested a continuous goose season with the

maximum number of days and the same daily bag and possession limits

permitted Idaho under Federal frameworks. The tribes propose that, if

the same number of hunting days (93) are permitted as in previous

years, the season would have an opening date of October 8, 1996, and a

closing date of January 8, 1997. The tribes anticipate harvest will be

between 4,000 and 6,000 geese.

Non-tribal hunters must comply with all basic Federal migratory

bird hunting regulations in 50 CFR Part 20, pertaining to shooting

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

established by the Shoshone-Bannock Tribes also apply on the

reservation.

The Service notes that the requested regulations are nearly

identical to those of last year and proposes they be approved for the

1996-97 hunting season.

th all basic Federal migratory

bird hunting regulations in 50 CFR Part 20, pertaining to shooting

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

established by the Shoshone-Bannock Tribes also apply on the

reservation.

The Service notes that the requested regulations are nearly

identical to those of last year and proposes they be approved for the

1996-97 hunting season.

(p) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,

Washington (Tribal Members Only)

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

Squaxin Island Tribe of Washington and the Service cooperated to

establish special tribal migratory bird hunting regulations. These

special regulations would apply to tribal members on the Squaxin Island

Reservation, located in western Washington near Olympia, and all lands

within the traditional hunting grounds of the Squaxin Island Tribe.

For the 1996-97 season, the tribe proposes establishing duck, coot,

and snipe seasons that would run from September 15, 1996, through

January 15, 1997. The daily bag limit for ducks would be 5 per day and

could include only 1 canvasback. The season on harlequin ducks would be

closed. For coots and snipe, the daily bag limit would be 25 and 8,

respectively.

For geese, the tribe proposes establishing a season that would run

from September 15, 1996, through January 15, 1997. The daily bag limit

for geese would be 4 per day and could include only 2 snow geese and 1

dusky Canada goose. The season on Aleutian and Cackling Canada geese

would be closed.

For brant, the tribe proposes establishing a September 15 to

December 31, 1996, season with a daily bag limits of 2 birds per day.

The tribe also proposes a September 15 to December 1, 1996, 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

he season on Aleutian and Cackling Canada geese

would be closed.

For brant, the tribe proposes establishing a September 15 to

December 31, 1996, season with a daily bag limits of 2 birds per day.

The tribe also proposes a September 15 to December 1, 1996, 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 be

reported to their Natural Resources Office within 72 hours.

Under the proposed regulations, the tribe estimates the harvest for

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

400 geese; and 200 brant. In 1995, the tribe reports that there was no

harvest of any species. Tribal regulations are enforced by the tribe's

Law Enforcement Department.

The Service proposes to approve the Squaxin Island Tribe's

requested 1996-97 special migratory bird hunting regulations.

(q) The Tulalip Tribes of Washington, Tulalip Indian Reservation,

Marysville, Washington (Tribal Members and Non-tribal Hunters)

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

January 22, 1855. The Tulalip Tribes'

government is located on the Tulalip Indian Reservation at Marysville,

Washington. The tribes or individual tribal members own all of the land

on the reservation, and they have full wildlife management authority.

All lands within the boundaries of the Tulalip Tribes Reservation are

closed to non-member hunting unless opened by Tulalip Tribal

regulations.

In a June 19, 1996, letter, the Tulalip Tribes proposed tribal and

non-tribal hunting regulations for the 1996-97 seasons as follows:

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

from September 15, 1996, through February 1, 1997. 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.

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. Non-tribal

members should check with the Tulalip tribal authorities regarding

additional conservation measures which may apply to specific species

managed within the region.

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

September 15, 1996, through February 1, 1997. Non-tribal hunters would

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

the State of Washington under final Federal frameworks

lalip tribal authorities regarding

additional conservation measures which may apply to specific species

managed within the region.

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

September 15, 1996, through February 1, 1997. Non-tribal hunters would

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

the State of Washington under final Federal frameworks. For tribal

hunters, the goose daily bag and possession limits would be 6 and 12,

respectively, except that the bag limits for brant, cackling Canada

geese and dusky Canada geese would be those established for the Pacific

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

hunters hunting on reservation lands,

the daily bag and possession limits would be those established in

accordance with final Federal frameworks for the State of Washington.

The Tulalip Tribes also set a maximum annual bag limit on ducks and

geese for those tribal members who engage in subsistence hunting.

Snipe open seasons would follow seasons proposed for ducks and coot

detailed above. For both tribal and non-tribal hunters, snipe daily bag

and possession limits would 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

tribal regulations enforced by the tribe. Non-tribal hunters sixteen

years of age and older, hunting pursuant to Tulalip Tribes' Ordinance

No. 67, must possess a valid Federal Migratory Bird Hunting and

Conservation Stamp and a valid State of Washington Migratory Waterfowl

Stamp. Both stamps must be validated by signing across the face.

Although the season length requested by the Tulalip Tribes appears

to be quite liberal, 1990-92 harvest information indicates a total take

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

annually. The Service proposes approval of the Tulalip Tribes request

for the above seasons

f Washington Migratory Waterfowl

Stamp. Both stamps must be validated by signing across the face.

Although the season length requested by the Tulalip Tribes appears

to be quite liberal, 1990-92 harvest information indicates a total take

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

annually. The Service proposes approval of the Tulalip Tribes request

for the above seasons. The Service requests that harvest be monitored

closely and regulations be reevaluated for future years if harvest

becomes too great in relation to population numbers.

(r) White Mountain Apache Tribe, Fort Apache Indian Reservation,

Whiteriver, Arizona (Tribal Members and Non-tribal Hunters)

The White Mountain Apache Tribe owns all reservation lands, and the

tribe has recognized full wildlife management authority. The White

Mountain Apache Tribe has requested regulations that are essentially

unchanged from those agreed to for the 1995-96 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

1996-97 season.

For non-tribal hunters, the tribe proposes a continuous duck, coot,

merganser, gallinule and moorhen hunting season, with an opening date

of November 9, 1996, and a closing date of January 19, 1997. For tribal

members, the tribe proposes a closing date of February 2, 1997. 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

ber 9, 1996, and a closing date of January 19, 1997. For tribal

members, the tribe proposes a closing date of February 2, 1997. 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 proposing a non-tribal hunter season from

November 9, 1996, through January 19, 1997. For tribal members, the

tribe is proposing a closing date of February 2, 1997. Hunting would be

limited to Canada geese, and the daily bag limit would be 2.

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

concurrently from September 6 through September 15, 1996, 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 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 Service proposes to approve the regulations requested by the

tribe for the 1996-97 seasons.

unrise 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 Service proposes to approve the regulations requested by the

tribe for the 1996-97 seasons.

(s) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and Non-

tribal Hunters)

On May 30, 1996, the Yankton Sioux Tribe submitted a waterfowl

hunting proposal for the 1996-97 season. The Yankton Sioux tribal

waterfowl hunting season would be open to both tribal members and non-

tribal hunters. The waterfowl hunting regulations would apply to tribal

and trust lands within the external boundaries of the reservation.

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

proposes a season starting October 19, 1996, and running for the

maximum amount of days allowed under the final Federal frameworks.

Daily bag and possession limits would be the same as those adopted by

the State of South Dakota.

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

brant, white-fronts) and snow geese hunting season starting November 2,

1996, and ending January 31, 1997. Daily bag and possession limits

would be the same as those adopted by the State of South Dakota.

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

license while hunting on Yankton Sioux trust lands. Tribal and non-

tribal hunters must comply with all basic Federal migratory bird

hunting regulations in 50 CFR Part 20, pertaining to shooting hours and

the manner of taking. Special regulations established by the Yankton

Sioux Tribe also apply on the reservation.

During the 1995-96 hunting season, the tribe reported that 34 non-

tribal hunters took 75 Canada geese, 10 snow geese, and 25 ducks.

Tribal members harvested less than 50 geese

h all basic Federal migratory bird

hunting regulations in 50 CFR Part 20, pertaining to shooting hours and

the manner of taking. Special regulations established by the Yankton

Sioux Tribe also apply on the reservation.

During the 1995-96 hunting season, the tribe reported that 34 non-

tribal hunters took 75 Canada geese, 10 snow geese, and 25 ducks.

Tribal members harvested less than 50 geese. For the 1996-97 season,

the tribe anticipates a harvest of less than 150 geese and 50 ducks.

The Service concurs with the Yankton Sioux proposal for the 1996-97

hunting season, and requests that the tribe continue monitoring and

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

(t) Swinomish Indian Tribal Community, LaConner, Washington (Tribal

Members Only)

For the first time, the Service and the Swinomish Indian Tribal

Community are cooperating to establish special regulations for

migratory bird hunting. The Swinomish Indian Tribal Community is a

federally recognized Indian tribe consisting of the Suiattle, Skagit,

and Kikialos tribes. The Swinomish Reservation was established by the

Point Elliott Treaty of 1855 and lies in the Puget Sound area north of

Seattle, Washington.

The Tribal Community proposes an off-reservation duck, merganser,

Canada goose, brant, and coot season opening on the earliest possible

date allowed by the final Federal frameworks for the Pacific Flyway and

closing 30 days after the State of Washington closes. Daily bag and

possession limits would be the same as those allowed by the State

except that the Swinomish request an additional three birds of each

species over that allowed by the State.

The Community anticipates that the proposed regulations will result

in the harvest of approximately 200 to 300 ducks, 25 to 50 Canada

geese, 75 mergansers, 100 brant, and 50 coot. The Swinomish propose a

tag and permit system to monitor harvest and will implement steps to

limit harvest where conservation is needed

uest an additional three birds of each

species over that allowed by the State.

The Community anticipates that the proposed regulations will result

in the harvest of approximately 200 to 300 ducks, 25 to 50 Canada

geese, 75 mergansers, 100 brant, and 50 coot. The Swinomish propose a

tag and permit system to monitor harvest and will implement steps to

limit harvest where conservation is needed. All tribal regulations will

be enforced by tribal fish and game officers.

On reservation, the Tribal Community proposes a hunting season for

the above mentioned species beginning on the earliest possible opening

date and closing March 9, 1997. The Swinomish propose to manage harvest

by a tagging system and anticipate harvest will be similar to that

expected off reservation.

The Service believes the estimated harvest by the Swinomish will be

minimal and will not adversely effect migratory bird populations. The

Service proposes to approve the Tribal Community's proposed regulations

for the 1996-97 season.

Public Comment

The Service intends that adopted final rules be as responsive as

possible to all concerned interests and wants to obtain comments from

all interested areas of the public, as well as other government

agencies. Such comments, and any additional information received, may

lead to final regulations that differ from these proposals.

However, special circumstances involved in the establishment of

these regulations limit the amount of time the Service can allow for

public comment. Specifically, two considerations compress the time in

which the rulemaking process must operate: the need to establish final

rules before September 1, 1995, and the unavailability until late July

of specific reliable data for each year's status of waterfowl.

Therefore, the Service believes allowing comment periods past the dates

specified is contrary to the public interest

or

public comment. Specifically, two considerations compress the time in

which the rulemaking process must operate: the need to establish final

rules before September 1, 1995, and the unavailability until late July

of specific reliable data for each year's status of waterfowl.

Therefore, the Service believes allowing comment periods past the dates

specified is contrary to the public interest.

No public comment was provided to the Service regarding the Notice

of Intent published on March 22, 1996, which announced rulemaking on

regulations for migratory bird hunting by American Indian tribal

members.

Comment Procedure

It is the policy of the Department of the Interior to afford the

public an opportunity to participate in the rulemaking process,

whenever practical. Accordingly, interested persons may participate by

submitting written comments to the Chief, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, Department of the Interior,

ms 634--ARLSQ, 1849 C Street, NW., Washington, D.C. 20240. The public

may inspect comments during normal business hours at the Service's

office in Room 634, Arlington Square Building, 4401 N. Fairfax Drive,

Arlington, VA. The Service will consider all comments received and will

try to acknowledge received comments, but may not provide an individual

response to each commenter.

NEPA Consideration

Pursuant to the requirements of section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final

Environmental Statement for the Issuance of Annual Regulations

Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed

with the Council on Environmental Quality on June 6, 1975, and notice

of availability was published in the Federal Register on June 13, 1975,

(40 FR 25241)

of section 102(2)(C) of the National

Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final

Environmental Statement for the Issuance of Annual Regulations

Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed

with the Council on Environmental Quality on June 6, 1975, and notice

of availability was published in the Federal Register on June 13, 1975,

(40 FR 25241). A supplement to the final environmental statement, the

``Final Supplemental Environmental Impact Statement: Issuance of Annual

Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-

14)'' was filed on June 9, 1988, and notice of availability was

published in the Federal Register on June 16, 1988 (53 FR 22582), and

June 17, 1988 (53 FR 22727). Copies of these documents are available

from the Service at the address indicated under the caption ADDRESSES.

In addition, an August 1985 environmental assessment titled

``Guidelines for Migratory Bird Hunting Regulations on Federal Indian

Reservations and Ceded Lands'' is available from the Service.

Endangered Species Act Considerations

Section 7 of the Endangered Species Act, as amended (16 U.S.C.

1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review

other programs administered by him and utilize such programs in

furtherance of the purposes of this Act'' (and) shall ``insure that any

action authorized, funded or carried out ... is not likely to

jeopardize the continued existence of any endangered species or

threatened species or result in the destruction or adverse modification

of [critical] habitat...'' Consequently, the Service has initiated

Section 7 consultation under the Endangered Species Act for the

proposed migratory bird hunting seasons including those which occur on

Federally recognized Indian reservations and ceded lands.

Findings from these consultations will be included in a biological

opinion and may cause modification of some regulatory measures proposed

in this document

...'' Consequently, the Service has initiated

Section 7 consultation under the Endangered Species Act for the

proposed migratory bird hunting seasons including those which occur on

Federally recognized Indian reservations and ceded lands.

Findings from these consultations will be included in a biological

opinion and may cause modification of some regulatory measures proposed

in this document. The final rule will reflect any modifications. The

Service's biological opinion resulting from its Section 7 consultation

are public documents available for public inspection in the Service's

Division of Endangered Species and Office of Migratory Bird Management,

U.S. Fish and Wildlife Service, at the address indicated under the

caption ADDRESSES.

Regulatory Flexibility Act, Executive Order 12866, and the

Paperwork Reduction Act

In the March 22 Federal Register, the Service reported measures it

took to comply with requirements of the Regulatory Flexibility Act and

Executive Order 12866. One measure was to prepare a Small Entity

Flexibility Analysis (Analysis) in 1995 documenting the significant

beneficial economic effect on a substantial number of small entities.

The Analysis estimated that migratory bird hunters would spend between

$258 and $586 million at small businesses. Copies of the Analysis are

available from the Office of Migratory Bird Management. The Service is

currently updating and expanding the 1995 Analysis.

This rule was not subject to review by the Office of Management and

Budget under Executive Order 12866.

The Service has examined these proposed regulations under the

Paperwork Reduction Act of 1995 and found no information collection

requirements.

Unfunded Mandates

The Service has determined and certifies in compliance with the

requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that

this rulemaking will not impose a cost of $100 million or more in any

given year on local or State government or private entities.

Civil Justice Reform - Executive Order 12988

n Act of 1995 and found no information collection

requirements.

Unfunded Mandates

The Service has determined and certifies in compliance with the

requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that

this rulemaking will not impose a cost of $100 million or more in any

given year on local or State government or private entities.

Civil Justice Reform - Executive Order 12988

The Department, in promulgating this proposed rule, has determined

that these regulations meet the applicable standards provided in

Sections 3(a) and 3(b)(2) of Executive Order 12988.

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, 1996, on certain Federal Indian reservations,

off-reservation trust lands, and ceded lands. Taking into account both

reserved hunting rights and the degree to which tribes have full

wildlife management authority, the regulations only for tribal members

or for both tribal and non-tribal members may differ from those

established by States in which the

reservations, off-reservation trust lands, and ceded lands are located.

The regulations will specify open seasons, shooting hours, and bag and

possession limits for rails, coot, gallinules (including moorhen),

woodcock, common snipe, band-tailed pigeons, mourning doves, white-

winged doves, ducks (including mergansers) and geese.

The rules that eventually will be promulgated for the 1996-97

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

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 1996-97

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 12, 1996

Donald J. Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-20963 Filed 8-15-96; 8:45 am]

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