Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1999-2000 Season

Part V

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 20

Migratory Bird Hunting: Proposed Migratory Bird Hunting Regulations on

Certain Federal Indian Reservations and Ceded Lands for the 1999-2000

Season; Proposed Rule

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AF24

Migratory Bird Hunting; Proposed Migratory Bird Hunting

Regulations on Certain Federal Indian Reservations and Ceded Lands for

the 1999-2000 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we)

proposes special migratory bird hunting regulations for certain tribes

on Federal Indian reservations, off-reservation trust lands, and ceded

lands for the 1999-2000 migratory bird hunting season.

DATES: To comment on these proposed regulations, you must do so by

August 23, 1999.

ADDRESSES: Send your comments to: Chief, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, ms 634-ARLSQ, 1849 C St.,

NW., Washington, DC 20240. You may inspect comments 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).

: Chief, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, ms 634-ARLSQ, 1849 C St.,

NW., Washington, DC 20240. You may inspect comments 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 May 3, 1999, Federal Register (64 FR

23742), we requested proposals from Indian tribes wishing to establish

special migratory bird hunting regulations for the 1999-2000 hunting

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

Register (50 FR 23467). We 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 non-tribal members,

with hunting by non-tribal 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

lity 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 non-tribal 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 non-tribal members on

lands owned by non-Indians within the reservation.

Tribes usually have the authority to regulate migratory bird

hunting by nonmembers on Indian-owned reservation lands, subject to

Service approval. The question of jurisdiction is more complex on

reservations that include lands owned by non-Indians, especially when

the surrounding States have established or intend to establish

regulations governing hunting by non-Indians on these lands. In such

cases, we encourage the tribes and States to reach agreement on

regulations that would apply throughout the reservations. When

appropriate, we will consult with a tribe and State with the aim of

facilitating an accord. We also will consult jointly with tribal and

State officials in the affected States where tribes wish to establish

special hunting regulations for tribal members on ceded lands.

Because of past questions regarding interpretation of what events

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

provide the following clarification. We routinely provide copies of

Federal Register publications to all State Directors, tribes and others

interested parties. It is the responsibility of the States, tribes and

others to notify us of any concern regarding any feature(s) of any

regulations

egarding interpretation of what events

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

provide the following clarification. We routinely provide copies of

Federal Register publications to all State Directors, tribes and others

interested parties. It is the responsibility of the States, tribes and

others to notify us of any concern regarding any feature(s) of any

regulations. When we receive such notification, we will initiate

consultation.

Our guidelines provide for the continued harvest of waterfowl and

other migratory game birds by tribal members on reservations where it

has been a customary practice. We do 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, we reviewed available information

on the current status of migratory bird populations; reviewed the

current status of migratory bird hunting on Federal Indian

reservations; and evaluated the potential impact of such guidelines on

migratory birds. We concluded that the impact of migratory bird harvest

by tribal members hunting on their reservations is minimal.

One area of interest in Indian migratory bird hunting regulations

relates to hunting seasons for non-tribal 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 non-tribal hunters onto a reservation at a time when the

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

population impacts on one or more migratory bird species. The

guidelines make this unlikely, however, because tribal proposals must

include:

(a) Harvest anticipated under the requested regulations;

(b) Methods that will be employed to measure or monitor harvest

(such as bag checks, mail questionnaires, etc.);

time when the

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

population impacts on one or more migratory bird species. The

guidelines make this unlikely, however, because tribal proposals must

include:

(a) Harvest anticipated under the requested regulations;

(b) Methods that will be employed to measure or monitor harvest

(such as bag checks, mail questionnaires, etc.);

(c) Steps that will be taken to limit level of harvest, where it

could be shown that failure to limit such harvest would adversely

impact the migratory bird resource; and

(d) Tribal capabilities to establish and enforce migratory bird

hunting regulations.

We may modify or establish regulations experimentally, after

evaluation and confirmation of harvest information obtained by the

tribes.

We believe the guidelines provide appropriate opportunity to

accommodate the reserved hunting rights and management authority of

Indian tribes while ensuring that the migratory bird resource receives

necessary protection. The conservation of this important international

resource is paramount. The guidelines should not be viewed as

inflexible. In this regard, we note that they have been employed

successfully since 1985. We believe they have been tested adequately

and therefore, made them final beginning with the 1988-89 hunting

season. 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.

Population Status

May Breeding Waterfowl and Habitat Survey

e 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.

Population Status

May Breeding Waterfowl and Habitat Survey

In the Western or Traditional survey area, breeding habitat

conditions were generally good to excellent, and overall better than

conditions in 1998. An early warm spring and plenty of precipitation

resulted in abundant ponds and excellent nesting cover in most of the

Dakotas, northern Saskatchewan, the Northwest Territories, and western

Ontario. The exceptions to these good conditions were southern and

central Alberta, central Saskatchewan, and western Montana, where a dry

early spring limited nesting habitat; and Alaska, where spring was as

much as 2 weeks late. The estimated number of May ponds in the

traditional survey area (6.7 million) was 46% greater than that of

1998, and 37% greater than the 1974-98 average. Overall, the

traditional survey area was in good to excellent condition this spring

and good to excellent waterfowl production is expected this year.

An expanded area of Eastern habitat conditions was included this

year in the East. Although these additional areas have been surveyed

since 1996, information from them is included this year for the first

time. Unlike the Western survey area, habitat conditions in the east

were generally poorer this year than last year. Much of the eastern

survey area was relatively dry, especially Maine, the Maritimes,

southern Quebec, and southern Ontario. Conditions resulted in few

temporary ponds and low water levels in permanent water bodies. The

northern portions of the east were in good to excellent condition, but

lack of brood rearing habitat is expected to also limit production from

this area

s year than last year. Much of the eastern

survey area was relatively dry, especially Maine, the Maritimes,

southern Quebec, and southern Ontario. Conditions resulted in few

temporary ponds and low water levels in permanent water bodies. The

northern portions of the east were in good to excellent condition, but

lack of brood rearing habitat is expected to also limit production from

this area. Overall, the eastern survey area was in fair to good

condition, with fair to good production expected this year.

The 1999 total duck population estimate for the traditional survey

area was 43.4 million birds, an increase of 11% over that of 1998, and

32% higher than the 1955-98 average. Mallard abundance was 10.8

million, an increase of 12% over last year and 47% greater than the

long term average. Blue-winged teal abundance was 7.1 million, similar

to 1998, but 65% greater than the long term average. Northern pintail

(3.0, +21%), scaup (4.4 million, +27%), green-winged teal (2.6, +26%),

and northern shoveler (3.9 million, +22%) increased from 1998

estimates. Gadwall (3.2 million, +110%), green-winged teal (+51%),

northern shoveler (+95%), redheads (0.9 million, +60%), and canvasbacks

(0.7 million, +29%) were above their respective long term averages,

while pintails (-30%) and scaup (-18%) were below their long term

averages. In the eastern areas of Canada and the U.S., the total number

of ducks (1.3 million) remained unchanged from last year and the 1995-

98 average. Abundances of individual species in the east were similar

to those of last year, except for increased estimates of goldeneye

(+196%). Goldeneye was above it's long term average (+287%), while

blue-winged teal (-95%) and scaup (-90%) were below theirs.

Sandhill Cranes

eas of Canada and the U.S., the total number

of ducks (1.3 million) remained unchanged from last year and the 1995-

98 average. Abundances of individual species in the east were similar

to those of last year, except for increased estimates of goldeneye

(+196%). Goldeneye was above it's long term average (+287%), while

blue-winged teal (-95%) and scaup (-90%) were below theirs.

Sandhill Cranes

The Mid-Continent Population of Sandhill Cranes appears to have

stabilized following dramatic increases in the early 1980's. The

Central Platte River Valley 1999 preliminary spring index, uncorrected

for visibility, was 222,500. The photo-corrected 3-year average for the

1996-98 period was 477,911, which was 3% above the established

population-objective range of 343,000-465,000 cranes. All Central

Flyway States, except Nebraska, elected to allow crane hunting in

portions of their respective States in 1998-99. About 8,700 hunters

participated in these seasons, which was 8% higher than the previous

year's seasons. About 21,849 cranes were harvested in 1998-99 in the

Central Flyway, a 5% increase from the previous year's high estimate.

Harvests from Pacific Flyway, Canada and Mexico are estimated to be

about 13,700 for 1998-99 sport-hunting seasons. The total North

American sport harvest, including crippling losses, was estimated to be

about 41,414 for the Mid-Continent Population.

The fall 1998 pre-migration survey estimate for the Rocky Mountain

Population was 18,202, which is similar to the 1997 estimate. Limited

special seasons were held during 1998 in portions of Arizona, Idaho,

Montana, New Mexico, Utah, and Wyoming, resulting in an estimated

harvest of 538 cranes.

Woodcock

ding crippling losses, was estimated to be

about 41,414 for the Mid-Continent Population.

The fall 1998 pre-migration survey estimate for the Rocky Mountain

Population was 18,202, which is similar to the 1997 estimate. Limited

special seasons were held during 1998 in portions of Arizona, Idaho,

Montana, New Mexico, Utah, and Wyoming, resulting in an estimated

harvest of 538 cranes.

Woodcock

Wing-collection and Singing-ground surveys were conducted to assess

the population status of the American woodcock (Scolopax minor). The

1998 recruitment index for the Eastern Region (1.7 immatures per adult

female) equaled the long-term regional average; the recruitment index

for the Central Region (1.6 immatures per adult female) was 6% below

the long-term regional average. The index of daily hunting success in

the Eastern Region increased from 1.8 woodcock per successful hunt in

1997 to 1.9 woodcock per successful hunt in 1998, but seasonal hunting

success declined 4%, from 6.9 to 6.6 woodcock per successful hunter in

1997 and 1998, respectively. In the Central Region, the daily success

index in 1998 was unchanged from the 1997 index (2.1 woodcock per

successful hunt) but the seasonal success index increased from 10.0 to

11.0 (10%) woodcock per successful hunter. Singing-ground Survey data

indicated that the number of displaying woodcock in the Eastern Region

was unchanged (P>0.1) from 1998 levels. In the Central Region, there

was a 13.4% decrease in the number of woodcock heard displaying

(P<0.01) compared to 1998 levels. Trends from the Singing-ground Survey

during 1989-99 were negative (-3.3 and -3.7% per year for the Eastern

and Central regions, respectively; P<0.01). There were long-term (1968-

99) declines (P<0.01) of 2.4% per year in the Eastern Region and 1.6%

per year in the Central Region.

Doves and Band-tailed Pigeons

crease in the number of woodcock heard displaying

(P<0.01) compared to 1998 levels. Trends from the Singing-ground Survey

during 1989-99 were negative (-3.3 and -3.7% per year for the Eastern

and Central regions, respectively; P<0.01). There were long-term (1968-

99) declines (P<0.01) of 2.4% per year in the Eastern Region and 1.6%

per year in the Central Region.

Doves and Band-tailed Pigeons

Analyses of Mourning Dove Call-count Survey data indicated

significant declines in doves heard over the most recent 10 years and

the entire 34 years of the survey in all 3 management units. White-

winged doves in Arizona are maintaining a fairly stable population

since the late 1970's. A low harvest is being maintained compared with

birds taken several decades ago. In Texas, the phenomenon of the white-

winged dove range expansion continues. Birds are now seen in most large

cities in north and central Texas. White-tipped doves in Texas are

maintaining their population with a relatively low harvest level. For

band-tailed pigeons, the Coastal population continues to show a

significant decline as indicated by the Breeding Bird Survey (BBS) for

the 10 and 32-year periods. In contrast, mineral spring counts at 10

selected sites in Oregon indicate an overall stable population in the

state with an increasing trend since 1986. Call-count survey results in

Washington show no significant trends in the bandtail population

between 1975-98. Washington has not opted to select a hunting season

for band-tail pigeons since 1991. The harvest of coastal pigeons is

estimated to be less than 20,000 birds out of a population of about 3

million. The Interior band-tailed pigeon population is stable with no

trend indicated by the BBS over the short or long-term time periods.

Harvest is less than 1,000 birds.

Hunting Season Proposals From Indian Tribes and Organizations

lect a hunting season

for band-tail pigeons since 1991. The harvest of coastal pigeons is

estimated to be less than 20,000 birds out of a population of about 3

million. The Interior band-tailed pigeon population is stable with no

trend indicated by the BBS over the short or long-term time periods.

Harvest is less than 1,000 birds.

Hunting Season Proposals From Indian Tribes and Organizations

For the 1999-2000 hunting season, we received requests from twenty-

three tribes and Indian organizations appropriate for Federal Register

publication. We actively solicit regulatory proposals from other tribal

groups that are interested in working cooperatively for the benefit of

waterfowl and other migratory game birds. We encourage tribes to work

with us to develop agreements for management of migratory bird

resources on tribal lands. It should be noted that this proposed rule

includes generalized regulations for both early- and late-season

hunting. A final rule will be published in a late-August 1999 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 1999 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 time frame

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

because of the compressed time frame

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 22, 1999 (64 FR 38700); early-season

final frameworks will be published in mid-August. Proposed late-season

frameworks for waterfowl and coots will be published in mid-August, and

the final frameworks for the late seasons will be published in mid-

September. We will notify affected tribes of season dates, bag limits,

etc., as soon as final frameworks are established. As previously

discussed, no action is required by tribes wishing to observe migratory

bird hunting regulations established by the State(s) where they are

located. The proposed regulations for the twenty tribes with proposals

that meet the established criteria are shown below.

tember. We will notify affected tribes of season dates, bag limits,

etc., as soon as final frameworks are established. As previously

discussed, no action is required by tribes wishing to observe migratory

bird hunting regulations established by the State(s) where they are

located. The proposed regulations for the twenty tribes with proposals

that meet the established criteria are shown below.

(a) Colorado River Indian Tribes, Colorado River Indian

Reservation, Parker, Arizona (Tribal Members and Non-tribal Hunters)

The Colorado River Indian Reservation is located in Arizona and

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

have full wildlife management authority.

In their 1999-2000 proposal, dated June 17, 1999, the Colorado

River Indian Tribes requested split dove seasons. They propose their

early season begin September 1 and end September 15, 1999. Daily bag

limits would be 10 mourning or 10 white-winged doves either singly or

in the aggregate. The late season for doves is proposed to open

November 19, 1999, and close January 3, 2000. A daily bag limit would

be 10 mourning doves. The possession limit would be twice the daily bag

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

noon in the early season and until sunset in the late season. Other

special tribally set regulations would apply.

The tribes also propose duck hunting seasons. The season would

likely open October 2, 1999, or on a Saturday and run for the maximum

number of days allowed under the Pacific Flyway frameworks. The tribes

propose the same season dates for coots and common moorhens. The daily

bag limit for ducks, including mergansers, would be the same as that

allowed in the Pacific Flyway. 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

he same season dates for coots and common moorhens. The daily

bag limit for ducks, including mergansers, would be the same as that

allowed in the Pacific Flyway. 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 November 20, 1999,

through January 16, 2000. The daily bag and possession limits for geese

would be 4, but could include no more than 3 light geese or 2 dark

geese.

In 1996, the tribe conducted a detailed assessment of dove hunting.

Results showed approximately 16,100 mourning doves and 13,600 white-

winged doves were harvested by approximately 2,660 hunters who averaged

1.45 hunter-days. Field observations and permit sales indicate that

fewer than 200 hunters participate in waterfowl seasons. Under the

proposed regulations described here and, based upon past seasons, we

and the tribes estimate harvest will be similar.

Hunters must have a valid Colorado River Indian Reservation hunting

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

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

toxic shot is required for waterfowl hunting.

We propose to approve the Colorado River Indian Tribes regulations

for the 1999-2000 hunting season.

d the tribes estimate harvest will be similar.

Hunters must have a valid Colorado River Indian Reservation hunting

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

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

toxic shot is required for waterfowl hunting.

We propose to approve the Colorado River Indian Tribes regulations

for the 1999-2000 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 in a June 8, 1999, proposal.

As in the past, tribal regulations for non-tribal members would be

at least as restrictive as those established for the Pacific Flyway

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

restrictive as those established for the Pacific Flyway portion of

Montana. Shooting hours for waterfowl hunting on the Flathead

Reservation are sunrise to sunset. Steel, bismuth-tin, or other

Federally-approved non-toxic shots are the only legal shotgun loads on

the reservation for waterfowl or other game birds.

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

s on

the reservation for waterfowl or other game birds.

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.

We propose to approve the tribes' request for special migratory

bird regulations for the 1999-2000 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 their 1999 proposal, the tribe requested a duck and merganser

season of October 9 to December 21, 1999, with a daily bag limit of 6

ducks, including no more that 5 mallards (1 hen mallard), 1 canvasback,

2 redheads, 2 wood ducks, 2 scaup, and 1 pintail. The merganser daily

bag limit would be 5 and include no more than 1 hooded merganser. For

Canada geese, the tribe proposes an October 9, 1999, to January 9,

2000, season with a 3 bird daily bag limit. For white-fronted geese,

the tribe proposes an October 2 to December 12, 1999, season with a

daily bag limit of 2. For snow geese, the tribe proposes an October 2

to December 25, 1999, and February 19 to March 10, 2000, season with a

daily bag limit of 20. Similar to last year, the tribe also requests a

sandhill crane season from September 18 to October 24, 1999, with a

daily bag limit of 3. In all cases, except snow geese, the possession

limits would be twice the daily bag limit. There would be no possession

limit for snow geese

proposes an October 2

to December 25, 1999, and February 19 to March 10, 2000, season with a

daily bag limit of 20. Similar to last year, the tribe also requests a

sandhill crane season from September 18 to October 24, 1999, with a

daily bag limit of 3. In all cases, except snow geese, the possession

limits would be twice the daily bag limit. There would be no possession

limit for snow geese. Shooting hours would be from one-half hour before

sunrise to sunset.

The season and bag limits would be essentially the same as last

year and as such the tribe expects similar harvest. In 1994-95, duck

harvest was 48 birds, down from 67 in 1993-94. Goose harvest during

recent past seasons has been less than 100 geese.

We propose to approve the tribe's requested seasons. We also remind

the tribe that all sandhill crane hunters are required to obtain a

Federal sandhill crane permit. As such, the tribe should contact us for

further information on obtaining the needed permits. In addition, as

with all other groups, we request the tribe continue to survey and

report harvest.

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

Minnesota (Tribal Members Only)

In 1996, for the first time, the Service and the Fond du Lac Band

of Lake Superior Chippewa Indians cooperated to establish special

migratory bird hunting regulations for tribal members. The Fond du

Lac's June 4, 1999, proposal covers land set apart for the band under

the Treaty of 1854 in northeast Minnesota.

The band's proposal for 1999-2000 is essentially the same as that

approved last year. Specifically, the Fond du Lac Band proposes a

September 11 to November 23, 1999, season on ducks, mergansers, coots

and moorhens, and a September 1 to November 28, 1999, season for geese.

For sora and Virginia rails, snipe, and woodcock, the Fond du Lac Band

proposes a September 1 to November 28, 1999, season

he band's proposal for 1999-2000 is essentially the same as that

approved last year. Specifically, the Fond du Lac Band proposes a

September 11 to November 23, 1999, season on ducks, mergansers, coots

and moorhens, and a September 1 to November 28, 1999, season for geese.

For sora and Virginia rails, snipe, and woodcock, the Fond du Lac Band

proposes a September 1 to November 28, 1999, season. Proposed daily bag

limits would consist of the following:

Ducks: 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: 5 mergansers, including no more than 1 hooded

merganser.

Geese: 10 geese.

Coots and Common Moorhens (Common Gallinules): 20 coots and common

moorhens, singly or in the aggregate.

Sora and Virginia Rails: 25 sora and Virginia rails singly, or in

the aggregate.

Common Snipe: 8 common snipe.

Woodcock: 3 woodcock.

The following general conditions apply:

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

person a valid tribal waterfowl hunting permit.

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

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

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

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

these amended regulations parallel Federal requirements in 50 CFR part

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

conditions generally applicable to migratory bird hunting.

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

providing for closed and restricted waterfowl hunting areas.

4. 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 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.

We propose 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. We have approved

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

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

For the 1999-2000 season, the Grand Traverse Band of Ottawa and

Chippewa Indians proposes a tribal member duck season that would run

from September 20, 1999, through January 20, 2000

raverse

Band is a signatory tribe of the Treaty of 1836. We have approved

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

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

For the 1999-2000 season, the Grand Traverse Band of Ottawa and

Chippewa Indians proposes a tribal member duck season that would run

from September 20, 1999, through January 20, 2000. A daily bag limit of

10 would include no more than 1 pintail, 1 canvasback, 1 hooded

merganser, 2 black ducks, 2 wood ducks, 2 redheads, and 5 mallards

(only 2 of which may be hens). For Canada geese, the tribe proposes a

September 1 through November 30, 1999, and a January 1 through February

8, 2000, season. For white-fronted geese, brant, and snow geese, the

tribe proposes an October 1 through November 30, 1999, season. The

daily bag limit for all geese (including brant) would be 5 birds. Based

on our information, it is unlikely that any Canada geese from the

Southern James Bay Population would be harvested by the tribe.

For woodcock, snipe, and sora rail, the tribe proposes a September

1 to November 14, 1999, season. The daily bag limit shall not exceed 5

birds per species.

All other Federal regulations contained in 50 CFR part 20 would

apply. The tribe proposes to closely monitor harvest through game bag

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

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

impacts of tribal hunting on the population.

We propose to approve the Grand Traverse Band of Ottawa and

Chippewa Indian's requested 1999-2000 special migratory bird hunting

regulations.

ly. The tribe proposes to closely monitor harvest through game bag

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

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

impacts of tribal hunting on the population.

We propose to approve the Grand Traverse Band of Ottawa and

Chippewa Indian's requested 1999-2000 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 we

have approved special regulations for tribal members in both Michigan

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

requested and we approved special regulations to permit tribal members

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

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. We acknowledge 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. We believe this is

appropriate because the treaties in question cover ceded lands in

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

view of the above, we have approved special regulations since the 1987-

88 hunting season on ceded lands in all three States. In fact, this

recognition of the principle of reserved treaty rights for band members

to hunt and fish was pivotal in our decision to approve a special 1991-

92 season for the 1836 ceded area in Michigan.

Recently, certain GLIFWC member bands have brought suit to resolve

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

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

Government has intervened in support of the bands.

In a June 3, 1999, letter, the GLIFWC proposed off-reservation

special migratory bird hunting regulations for the 1999-2000 seasons on

behalf of the member tribes of the Voigt Intertribal Task Force of the

GLIFWC (for the 1837 and 1842 Treaty areas) and the Bay Mills Indian

Community (for the 1836 Treaty area)

and 1854 treaties. The Federal

Government has intervened in support of the bands.

In a June 3, 1999, letter, the GLIFWC proposed off-reservation

special migratory bird hunting regulations for the 1999-2000 seasons on

behalf of the member tribes of the Voigt Intertribal Task Force of the

GLIFWC (for the 1837 and 1842 Treaty areas) and the Bay Mills Indian

Community (for the 1836 Treaty area). Member tribes of the Task Force

are: the Bad River Band of Lake Superior Tribe of Chippewa Indians, The

Lake Oreilles Band of Lake Superior Tribe of Chippewa Indians, the Lac

du Flambeau Band of Lake Superior Tribe of Chippewa Indians, the Red

Cliff Band of Lake Superior Tribe of Chippewa Indians, the St. Croix

Chippewa Indians of Wisconsin, the Sokaogon Chippewa Community (Mole

Lake Band), the Mille Lacs Band of Chippewa Indians in Minnesota, the

Lac Vieux Desert Band of Chippewa Indians, and the Keweenaw Bay Indian

Community in Michigan. Details of the proposed regulations are shown

below. In general, the proposal is essentially the same as the

regulations approved for the 1998-99 season.

Results of the 1998-99 hunter survey show that 599 ducks and 177

geese were harvested under an anticipated harvest of 3,000 ducks and

900 geese. Under the proposed regulations, harvest is expected to be

similar to last year and most likely would not exceed 2,500 ducks and

800 geese.

We believe that regulations advanced by the GLIFWC for the 1999-

2000 hunting season are biologically acceptable and recommend approval.

If the regulations are finalized as proposed, we would request that the

GLIFWC closely monitor the member band duck harvest and take any

actions necessary to reduce harvest if locally nesting populations are

being significantly impacted.

The Commission and the Service are parties to a Memorandum of

Agreement (MOA) designed to facilitate the ongoing enforcement of

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

provide long-term cooperative application

sely 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 1999-2000 waterfowl hunting season

regulations are as follows:

Ducks

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1999.

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

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

canvasbacks.

B. Michigan 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1999.

Daily Bag Limit: 10 ducks, including no more than 5 mallards (only

2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1

canvasback.

Mergansers

A. Wisconsin and Minnesota 1837 and 1842 Zones

Season Dates: Begin September 15 and end December 1, 1999.

Daily Bag Limit: 5 mergansers.

B. Michigan 1836 and 1842 Treaty Zones

Season Dates: Begin September 15 and end December 1, 1999.

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

merganser.

Geese: All Ceded Areas:

Season Dates: Begin September 1 and end December 1, 1999.

Daily Bag Limit: 10 geese.

Other Migratory Birds: All Ceded Areas

A. Coots and Common Moorhens (Common Gallinules)

Season Dates: Begin September 15 and end December 1, 1999.

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

singly or in the aggregate.

B. Sora and Virginia Rails

merganser.

Geese: All Ceded Areas:

Season Dates: Begin September 1 and end December 1, 1999.

Daily Bag Limit: 10 geese.

Other Migratory Birds: All Ceded Areas

A. Coots and Common Moorhens (Common Gallinules)

Season Dates: Begin September 15 and end December 1, 1999.

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

singly or in the aggregate.

B. Sora and Virginia Rails

Season Dates: Begin September 15 and end December 1, 1999.

Daily Bag Limit: 25 sora and Virginia rails singly, or in the

aggregate.

C. Common Snipe

Season Dates: Begin September 15 and end December 1, 1999.

Daily Bag Limit: 8 common snipe.

D. Woodcock

Season Dates: Begin September 7 and end December 1, 1999.

Daily Bag Limit: 5 woodcock.

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 17, 1999, proposal, the tribe proposed a 1999-2000

waterfowl season opening date of October 2 and a closing date of

November 30, 1999. Daily bag and possession limits would be the same as

Pacific Flyway States. The tribe proposes a season on Canada geese with

a 2-bird daily bag limit. Other regulations specific to the Pacific

Flyway guidelines for New Mexico would be in effect

yway.

In a May 17, 1999, proposal, the tribe proposed a 1999-2000

waterfowl season opening date of October 2 and a closing date of

November 30, 1999. Daily bag and possession limits would be the same as

Pacific Flyway States. The tribe proposes a season on Canada geese with

a 2-bird daily bag limit. Other regulations specific to the Pacific

Flyway guidelines for New Mexico would be in effect.

The Jicarilla Game and Fish Department's annual estimate of

waterfowl harvest is relatively small. In the 1998-99 season, estimated

duck harvest was 608, a significant decrease from 816 in 1997-98. The

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

wigeon, and teal. Northern pintail comprised only 3 percent of the

total harvest in 1998.

The proposed regulations are essentially the same as were

established last year. The tribe anticipates the maximum 1999-2000

waterfowl harvest would be around 600 to 1,000 ducks and 20 to 50

geese.

We propose to approve the tribe's requested 1999-2000 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 4,600 acres. The tribe owns

all Reservation land and has full management authority. The Kalispel

Tribe has a fully developed wildlife program with hunting and fishing

codes. The tribe enjoys excellent wildlife management relations with

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

Understanding with emphasis on fisheries but also for wildlife. The

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. Beginning in 1996, the requested regulations also included a

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

ceded lands within Washington, Montana, and Idaho.

For the 1999-2000 migratory bird hunting seasons, the Kalispel

Tribe proposed, in a May 13, 1999, letter, tribal and non-tribal member

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

which begin September 1, 1999 and end January 31, 2000. In that period,

non-tribal hunters would be allowed to hunt on weekends, holidays and

continuously in the month of December and January for a total of about

110 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.

The tribe reports a 1998-99 non-tribal harvest of 74 ducks and 0

geese. Under the proposal, the tribe expects harvest to be similar to

last year and less than 100 geese and 200 ducks.

All other State and Federal regulations contained in 50 CFR part

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

hunting stamp, would be required.

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

outside frameworks for ducks and geese of September 1, 1999, through

January 31, 2000. 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.

The tribe reports that there was no 1998-99 tribal harvest. Under

the proposal, the tribe expects harvest to be less than 200 geese and

300 ducks

for ducks and geese of September 1, 1999, through

January 31, 2000. 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.

The tribe reports that there was no 1998-99 tribal harvest. Under

the proposal, the tribe expects harvest to be less than 200 geese and

300 ducks. Tribal members would be required to possess a signed Federal

migratory bird stamp and a tribal ceded lands permit.

We propose to approve the regulations requested by the Kalispel

Tribe provided that the non-tribal seasons conform to final Federal

frameworks for the Pacific Flyway. For the 1999-2000 season, outside

Federal frameworks in the Pacific Flyway are October 2, 1999, through

January 23, 2000 for ducks and geese with a 107-day maximum season

length.

(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 July 26, 1999, communication, the Klamath Tribe proposed

season dates of October 1, 1999, through January 31, 2000. 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

and tribal Regulatory Enforcement Officers

monitor tribal harvest by frequent bag checks and hunter interviews.

In a July 26, 1999, communication, the Klamath Tribe proposed

season dates of October 1, 1999, through January 31, 2000. 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 harvest will be similar to last year's.

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

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

We propose to approve the Klamath Tribe's requested regulations.

(j) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members

Only)

The Leech Lake Band of Ojibwe is a federally recognized tribe

located in Cass Lake, Minnesota. The reservation employs conservation

officers to enforce conservation regulations.

For the 1999-2000 season, the tribe proposed in a May 20, 1999

letter a tribal member duck and goose season that would run from

September 25 through November 28, 1999. Daily bag limits for both ducks

and geese would be 10. Shooting hours are one-half hour before sunrise

to one-half hour after sunset.

Based on past harvest surveys, the tribe expects less than 200

tribal hunters to participate and a harvest of less than 2,000 birds.

We propose to approve the Leech Lake Band of Ojibwe's requested

1999-2000 special migratory bird hunting regulations.

28, 1999. Daily bag limits for both ducks

and geese would be 10. Shooting hours are one-half hour before sunrise

to one-half hour after sunset.

Based on past harvest surveys, the tribe expects less than 200

tribal hunters to participate and a harvest of less than 2,000 birds.

We propose to approve the Leech Lake Band of Ojibwe's requested

1999-2000 special migratory bird hunting regulations.

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

South Dakota (Tribal Members and Non-tribal Hunters)

The Lower Brule Sioux Tribe first established tribal migratory bird

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

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

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

reservation is mixed, and until recently, the Lower Brule Tribe had

full management authority over fish and wildlife via a MOA with the

State of South Dakota. The MOA provided the tribe jurisdiction over

fish and wildlife on reservation lands, including deeded and Corps of

Engineers taken lands. For the 1999-2000 season, the two parties have

come to a tentative agreement and meetings between the Lower Brule

Sioux Tribe and the South Dakota Department of Game, Fish and Parks are

continuing. It is anticipated that an agreement will be established and

management authority clarified to allow the public a clear

understanding of the Lower Brule Sioux Wildlife Department license

requirements and hunting season regulations. The Lower Brule

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

For the 1999-2000 migratory bird hunting season, the Lower Brule

Sioux Tribe proposes a duck and coot season length of 97 days, the same

number of days tentatively allowed in the High Plains Management Unit

for this season. The tribe's proposed season would run from October 2,

1999, through January 6, 2000

The Lower Brule

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

For the 1999-2000 migratory bird hunting season, the Lower Brule

Sioux Tribe proposes a duck and coot season length of 97 days, the same

number of days tentatively allowed in the High Plains Management Unit

for this season. The tribe's proposed season would run from October 2,

1999, through January 6, 2000. The daily bag limit would be 6 birds,

including no more than 5 mallards (only 1 of which may be a hen), 1

pintail, 2 redheads, 2 wood ducks, 1 canvasback, 1 hooded merganser,

and 1 mottled duck. The daily bag limit for coots would be 15.

Possession limits would be twice the daily bag limits. The tribe also

proposes a youth waterfowl hunt on September 25, 1999.

The tribe's proposed Canada goose season would run from October 16,

1999, through January 16, 2000, with a daily bag limit of 3 Canada

geese. The tribe's proposed white-fronted goose season would run from

October 16 through December 26, 1999, with a daily bag limit of 2

white-fronted geese. The tribe's proposed light goose season would run

from October 16, 1999, through January 16, 2000, and February 25

through March 10, 2000. The light goose daily bag limit would be 20.

Possession limits would be twice the daily bag limits.

In the 1998-99 season, hunters harvested an estimated 1,971 geese

and 355 ducks. In 1994, duck harvest species composition was primarily

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

percent). Goose harvest is traditionally 98% Canada geese.

The tribe anticipates a duck harvest similar to last year and a

goose harvest below the target harvest level of 3,000 to 4,000 geese.

All basic Federal regulations contained in 50 CFR part 20, including

the use of steel shot, Migratory Waterfowl Hunting and Conservation

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

ercent). Goose harvest is traditionally 98% Canada geese.

The tribe anticipates a duck harvest similar to last year and a

goose harvest below the target harvest level of 3,000 to 4,000 geese.

All basic Federal regulations contained in 50 CFR part 20, including

the use of steel shot, Migratory Waterfowl Hunting and Conservation

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

addition, the Lower Brule Sioux Tribe has an official Conservation Code

that was established by Tribal Council Resolution in June 1982 and

updated in 1996.

We propose to approve the tribe's requested regulations for the

Lower Brule Reservation.

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

(Tribal Members and Non-tribal Hunters)

Since 1985, we have established uniform migratory bird hunting

regulations for tribal members and nonmembers on the Navajo Indian

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

owns almost all lands on the reservation and has full wildlife

management authority.

In a May 28, 1999 proposal, the tribe proposed special migratory

bird hunting regulations on the reservation for both tribal and non-

tribal members for the 1999-2000 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. 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

hrough 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 tribe anticipates a total harvest of less than 300 mourning

doves, 100 band-tail pigeons, 500 ducks, coots, and mergansers, and 300

Canada geese.

We propose to approve the Navajo Nation request for these special

regulations for the 1999-2000 migratory bird hunting seasons.

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

Members Only)

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

Service have cooperated to establish uniform regulations for migratory

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

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

Conservation Department has enforced their own hunting regulations

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

good working relationship with the State of Wisconsin and the majority

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

In a May 6, 1999, letter, the tribe proposed special migratory bird

hunting regulations. For ducks, the tribe described the general

``outside dates'' as being September 18 through November 19, 1999,

inclusive. The tribe proposes a daily bag limit of 6 birds, which could

include no more than 5 mallards (1 hen mallard), 5 wood ducks, 1

canvasback, 1 redhead, 2 pintails, and 1 hooded merganser

In a May 6, 1999, letter, the tribe proposed special migratory bird

hunting regulations. For ducks, the tribe described the general

``outside dates'' as being September 18 through November 19, 1999,

inclusive. The tribe proposes a daily bag limit of 6 birds, which could

include no more than 5 mallards (1 hen mallard), 5 wood ducks, 1

canvasback, 1 redhead, 2 pintails, and 1 hooded merganser.

For geese, the tribe recommends a season between September 1 and

December 31, 1999, with a daily bag limit of 5 brant, 3 Canada geese,

and 5 snow geese. Hunters will be issued 8 tribal tags for geese in

order to monitor goose harvest. Additional tags will be issued when

birds are registered. The tribe will also close the season during the

gun deer season of November 20 to 28, 1999. If a quota of 150 geese is

attained before the season concludes, the tribe will recommend closing

the season early.

For woodcock, the tribe proposes a season between September 11 and

November 19, 1999, with a daily bag and possession limit of 5 and 10,

respectively.

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

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

Reservation or on lands under the jurisdiction of the tribe will

observe all basic Federal migratory bird hunting regulations found in

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

from the purchase of the Migratory Waterfowl Hunting and Conservation

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

shells.

The Service proposes to approve the request for special migratory

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

We commend the tribe for their continuing efforts to closely monitor

goose harvest and their other conservation efforts.

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.

We commend the tribe for their continuing efforts to closely monitor

goose harvest and their other conservation efforts.

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

Only)

For the first time in 1996, the Service and the Point No Point

Treaty Tribes, consisting of the Skokomish, Port Gamble S'klallam,

Jamestown S'klallam, and Elwha S'klallam tribes, cooperated to

establish special regulations for migratory bird hunting. The four

tribes have reservations located on the Olympic Peninsula in

Washington. All four tribes have successfully administered tribal

hunting regulations since 1985 and each tribe has a comprehensive

hunting ordinance.

The tribes' May 28, 1999, proposal requests seasons for ducks,

geese, brant, coots, snipe, and mourning doves. For ducks, coots,

geese, brant, and snipe, the tribes request a September 15, 1999, to

January 15, 2000, season with a daily bag limit of 7 ducks, 25 coots, 4

geese (including no more than 3 light geese), 2 brant, and 8 snipe. The

duck daily bag limit would include mergansers and could include no more

than 2 hen mallards, 2 pintails, 1 canvasback, and 2 redheads. The

season is closed on harlequin ducks and Aleutian Canada geese. All

possession limits would be twice the daily bag limit. For mourning

doves, the tribes propose a September 1 to September 30, 1999, season

with a daily bag limit of 10.

The tribes require that all hunters authorized to hunt migratory

birds on the reservation obtain a tribal hunting permit from the

respective tribe. Hunters are also required to adhere to a number of

special regulations available at the tribal office. Tribal harvest last

year under similar regulations was approximately 212 ducks, 27 geese

and 22 coots

99, season

with a daily bag limit of 10.

The tribes require that all hunters authorized to hunt migratory

birds on the reservation obtain a tribal hunting permit from the

respective tribe. Hunters are also required to adhere to a number of

special regulations available at the tribal office. Tribal harvest last

year under similar regulations was approximately 212 ducks, 27 geese

and 22 coots.

We propose to approve the Point No Point Treaty Tribes requested

1999-2000 regulations.

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

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

The Seminole Tribe of Florida and the Service have cooperated since

1995 to establish regulations for the 70,000 acre Big Cypress Seminole

Reservation. Located northwest of Miami, the Big Cypress Seminole

Reservation is totally tribally owned and the tribe has full wildlife

management authority.

For the 1999-2000 season, the Seminole Tribe proposes establishing

a mourning dove season from September 18, 1999, through January 20,

2000. Hunting would be allowed for tribal and non-tribal members, but

would be on Saturdays only. Daily bag limits would be the same as those

allowed within the Federal frameworks for the State of Florida. All

other Federal regulations contained in 50 CFR part 20 would apply. In

1997, under identical regulations, hunters harvested 2,078 doves on the

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

We propose to approve the Seminole Tribe's requested 1999-2000

special migratory bird hunting regulations.

the same as those

allowed within the Federal frameworks for the State of Florida. All

other Federal regulations contained in 50 CFR part 20 would apply. In

1997, under identical regulations, hunters harvested 2,078 doves on the

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

We propose to approve the Seminole Tribe's requested 1999-2000

special migratory bird hunting regulations.

(p) 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, we

have established the same waterfowl hunting regulations on the

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

regulations were requested by the tribes and provided for different

season dates than in the remainder of the State. We agreed to the

season dates because they seemed to provide additional protection to

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

arrangement. We have no objection to the State's use of this zone again

in the 1999-2000 hunting season, provided the duck and goose hunting

season dates are the same as on the reservation.

In a May 14, 1999, proposal for the 1999-2000 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 are permitted as last year, the season would have an

opening date of October 4, 1999, and a closing date of January 4, 2000

nock 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 are permitted as last year, the season would have an

opening date of October 4, 1999, and a closing date of January 4, 2000.

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 are permitted as in previous years, the

season would have an opening date of October 4, 1999, and a closing

date of January 11, 2000. 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.

We note that the requested regulations are nearly identical to

those of last year and propose they be approved for the 1999-2000

hunting season.

d 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 normally would propose establishing a September 15 to

December 31, 1999, season with a daily bag limit of 2 birds per day.

The tribe also would propose a September 15 to December 1, 1999, 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.

In 1995, the tribe reported that there was no harvest of any

species. Tribal regulations are enforced by the tribe's Law Enforcement

Department.

We propose to approve the Squaxin Island Tribe's 1999-2000 special

migratory bird hunting regulations, provided the tribe provides the

appropriate confirmation for the seasons.

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

Members Only)

In 1996, the Service and the Swinomish Indian Tribal Community

began cooperating to establish special regulations for migratory bird

hunting. The Swinomish Indian Tribal Community is a federally

recognized Indian tribe consisting of the Suiattle, Skagit, and

Kikialos tribes. The Swinomish Reservation was established by the Point

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

Seattle, Washington.

The Tribal Community usually outlines their migratory bird hunting

proposal through the Service's Region 1 Office, however, this year has

not provided confirmatory information. The tribe would normally request

establishing 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

hunting

proposal through the Service's Region 1 Office, however, this year has

not provided confirmatory information. The tribe would normally request

establishing 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 normally anticipates that the 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 also

utilize 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 would propose a hunting season

for the above mentioned species beginning on the earliest possible

opening date and closing March 9, 1999. The Swinomish manage harvest by

a tagging system and anticipate harvest will be similar to that

expected off reservation.

We believe the estimated harvest by the Swinomish will be minimal

and will not adversely effect migratory bird populations. We propose to

approve the Tribal Community's regulations for the 1999-2000 season,

provided the tribe provides the appropriate confirmation for the

seasons.

mish manage harvest by

a tagging system and anticipate harvest will be similar to that

expected off reservation.

We believe the estimated harvest by the Swinomish will be minimal

and will not adversely effect migratory bird populations. We propose to

approve the Tribal Community's regulations for the 1999-2000 season,

provided the tribe provides the appropriate confirmation for the

seasons.

(s) 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 tribes and

bands signatory to the Treaty of Point Elliott of January 22, 1855. The

Tulalip Tribes' government is located on the Tulalip Indian Reservation

at Marysville, Washington. The tribes or individual tribal members own

all of the land on the reservation, and they have full wildlife

management authority. All lands within the boundaries of the Tulalip

Tribes Reservation are closed to non-member hunting unless opened by

Tulalip Tribal regulations.

In a June 1, 1999, letter, the Tulalip Tribes proposed tribal and

non-tribal hunting regulations for the 1999-2000 seasons. For ducks and

coot, the proposed season for tribal members would be from September

15, 1999, through February 1, 2000. 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

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, 1999, through February 1, 2000. Non-tribal hunters would

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

the State of Washington under final Federal frameworks. For tribal

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

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

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

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

hunters hunting on reservation lands, the daily bag and possession

limits would be those established in accordance with final Federal

frameworks for the State of Washington. The Tulalip Tribes also set a

maximum annual bag limit on ducks and geese for those tribal members

who engage in subsistence hunting.

All hunters on Tulalip Tribal lands are required to adhere to

shooting hour regulations set at one-half hour before sunrise to

sunset, special tribal permit requirements, and a number of other

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

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

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

Conservation Stamp and a valid State of Washington Migratory Waterfowl

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

special tribal permit requirements, and a number of other

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

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

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

Conservation Stamp and a valid State of Washington Migratory Waterfowl

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

Although the season length requested by the Tulalip Tribes appears

to be quite liberal, harvest information indicates a total take by

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

annually.

We propose approval of the Tulalip Tribes request for the above

seasons. We request that harvest be monitored closely and regulations

be reevaluated

for future years if harvest becomes too great in relation to population

numbers.

(t) White Earth Band of Chippewa, White Earth, Minnesota (Tribal

Members Only)

The White Earth Band of Chippewa is a federally recognized tribe

located in northwest Minnesota and encompasses all of Mahnomen County

and parts of Becker and Clearwater Counties. The reservation employs

conservation officers to enforce conservation regulations. For the

first time in the 1999-2000 season, the tribe proposes to establish

migratory bird hunting seasons on reservation lands.

In a July 28, 1999, letter, the tribe proposed a duck, merganser,

and coot season of September 18 to November 30, 1999. The daily bag

limit of 7 would include no more than 2 mallards and 1 canvasback

through September 24 and no more than 2 hen mallards and 2 canvasbacks

through the remainder of the season. The merganser daily bag limit

would be 5 with no more than 2 hooded mergansers, and the coot daily

bag limit would be 20. For geese, the tribe proposes a September 1 to

November 30, 1999, season with a daily bag limit of 5 geese.

For dove, rail, woodcock, and snipe, the tribe proposes a September

11 to December 1, 1999, season with daily bag limits of 25 rails, 10

snipe, 10 woodcock, and 25 doves

erganser daily bag limit

would be 5 with no more than 2 hooded mergansers, and the coot daily

bag limit would be 20. For geese, the tribe proposes a September 1 to

November 30, 1999, season with a daily bag limit of 5 geese.

For dove, rail, woodcock, and snipe, the tribe proposes a September

11 to December 1, 1999, season with daily bag limits of 25 rails, 10

snipe, 10 woodcock, and 25 doves. Shooting hours are one-half hour

before sunrise to one-half hour after sunset. Non-toxic shot is

required.

Based on past harvest surveys, the tribe expects a harvest of less

than 500 Canada geese and 1000 ducks.

We propose to approve the White Earth Band of Chippewa's requested

1999-2000 special migratory bird hunting regulations.

(u) 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 since the 1997-98 hunting year.

The hunting zone for waterfowl is restricted and is described as:

the entire length of the Black and Salt Rivers forming the southern

boundary of the reservation; the White River, extending from the Canyon

Day Stockman Station to the Salt River; and all stock ponds located

within Wildlife Management Units 4, 6 and 7. Tanks located below the

Mogollon Rim, within Wildlife Management Units 2 and 3 will be open to

waterfowl hunting during the 1999-2000 season. All other waters of the

reservation would be closed to waterfowl hunting for the 1999-2000

season.

For non-tribal and tribal hunters, the tribe proposes a continuous

duck, coot, merganser, gallinule and moorhen hunting season, with an

opening date of October 23, 1999, and a closing date of January 17,

2000

nagement Units 2 and 3 will be open to

waterfowl hunting during the 1999-2000 season. All other waters of the

reservation would be closed to waterfowl hunting for the 1999-2000

season.

For non-tribal and tribal hunters, the tribe proposes a continuous

duck, coot, merganser, gallinule and moorhen hunting season, with an

opening date of October 23, 1999, and a closing date of January 17,

2000. The tribe proposes a daily duck (including mergansers) bag limit

of 4, which may include no more than 2 redheads or 1 canvasback and 1

redhead, 1 pintail, and 3 mallards (including no more than 1 hen

mallard). The daily bag limit for coots, gallinules and moorhens would

be 25 singly, or in the aggregate. For geese, the season is proposing a

season from October 23, 1999, through January 17, 2000. Hunting would

be limited to Canada geese, and the daily bag limit would be 3.

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

concurrently from September 1 through September 12, 1999, 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.

We propose to approve the regulations requested by the tribe for

the 1999-2000 seasons.

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.

We propose to approve the regulations requested by the tribe for

the 1999-2000 seasons.

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

tribal Hunters)

On May 25, 1999, the Yankton Sioux Tribe submitted a waterfowl

hunting proposal for the 1999-2000 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 9, 1999, 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) season starting October 30, 1999,

and running for the maximum amount of days allowed under the final

Federal frameworks. The daily bag limit would be 3 geese (including no

more than 1 whitefront or brant). Possession limits would be twice the

daily bag limit. For snow geese, the proposed hunting season would

start October 30, 1999, 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.

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

frameworks. Daily bag and possession

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

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

license while hunting on Yankton Sioux trust lands. Tribal and 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 1998-99 hunting season, the tribe reported that 83 non-

tribal hunters took 350 Canada geese, 40 snow geese, and 70 ducks.

Tribal members harvested less than 75 geese and 40 ducks.

We concur with the Yankton Sioux proposal for the 1999-2000 hunting

season.

Public Comment Invited

We intend that adopted final rules be as responsive as possible to

all concerned interests, and therefore desire to obtain the comments

and suggestions of the public, other governmental agencies, non-

governmental organizations, and other private interests on these

proposals. However, special circumstances are involved in the

establishment of these regulations which limit the amount of time that

we can allow for public comment. Specifically, two considerations

compress the time in which the rulemaking process must operate: (1) the

need to establish final rules at a point early enough in the summer to

allow affected State agencies to appropriately adjust their licensing

and regulatory mechanisms; and (2) the unavailability, before mid-June,

of specific, reliable data on this year's status of some waterfowl and

migratory shore and upland game bird populations. Therefore, we believe

that to allow comment periods past the dates specified is contrary to

the public interest.

The Department of the Interior's policy is, whenever practicable,

to afford the public an opportunity to

echanisms; and (2) the unavailability, before mid-June,

of specific, reliable data on this year's status of some waterfowl and

migratory shore and upland game bird populations. Therefore, we believe

that to allow comment periods past the dates specified is contrary to

the public interest.

The Department of the Interior's policy is, whenever practicable,

to afford the public an opportunity to

participate in the rulemaking process. Accordingly, we invite

interested persons to submit written comments, suggestions, or

recommendations regarding the proposed regulations. Before promulgation

of final migratory game bird hunting regulations, we will take into

consideration all comments received. Such comments, and any additional

information received, may lead to final regulations that differ from

these proposals. We invite interested persons to participate in this

rulemaking by submitting written comments to the address indicated

under the caption ADDRESSES. You may inspect comments received on the

proposed annual regulations during normal business hours at the

Service's office in room 634, 4401 North Fairfax Drive, Arlington,

Virginia. For each series of proposed rulemakings, we will establish

specific comment periods. We will consider, but possibly may not

respond in detail to, each comment. As in the past, we will summarize

all comments received during the comment period and respond to them

after the closing date.

Public Comments Received

t the

Service's office in room 634, 4401 North Fairfax Drive, Arlington,

Virginia. For each series of proposed rulemakings, we will establish

specific comment periods. We will consider, but possibly may not

respond in detail to, each comment. As in the past, we will summarize

all comments received during the comment period and respond to them

after the closing date.

Public Comments Received

We received two comments regarding the Notice of Intent published

on May 3, 1999, which announced rulemaking on regulations for migratory

bird hunting by American Indian tribal members. The Wisconsin

Department of Natural Resources (Wisconsin) commented on the GLIFWC's

proposal. Wisconsin had no objections to the proposed duck or goose

season dates and bag limits. Wisconsin requested that tribal members

honor the noon opening for shooting hours for the first day of the

State's duck season and comply with the State's open water hunting

restrictions. The Michigan Department of Natural Resources commented on

the establishment of tribal regulations on 1836 Treaty areas. Michigan

believed it was premature of the Service to establish waterfowl

regulations in areas covered by the 1835 Treaty until such time as the

issue of 1836 Treaty hunting rights are affirmed by a court of

competent jurisdiction.

Service Response: Our position is that the Federal Government does

recognize the Treaty of 1836 as reserving to the affected tribes or

bands hunting rights in the ceded territory. Further, the Federal

courts have already confirmed the retention of reserved fishing rights

in the territory ceded by the Treaty of 1836 in United States v.

Michigan, 471 F.Supp. 192 (W.D. Mich. 1979), remanded, 623 F.2d 448

(6th Cir. 1980), order modified, 653 F.2d 277 (6th Cir. 1981), cert.

denied, 454 U.S. 1124 (1981). That case and cases dealing with other

treaty cessions, such as Lac Courte Oreilles v

deral

courts have already confirmed the retention of reserved fishing rights

in the territory ceded by the Treaty of 1836 in United States v.

Michigan, 471 F.Supp. 192 (W.D. Mich. 1979), remanded, 623 F.2d 448

(6th Cir. 1980), order modified, 653 F.2d 277 (6th Cir. 1981), cert.

denied, 454 U.S. 1124 (1981). That case and cases dealing with other

treaty cessions, such as Lac Courte Oreilles v. Wisconsin (i.e., both

the 1837 and the 1842 Treaties), provide persuasive precedent for the

belief that hunting as well as fishing rights were reserved by the

tribes in the Treaty of 1836. We have not altered our position on this

matter.

NEPA Consideration

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

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

Environmental Statement for the Issuance of Annual Regulations

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

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

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

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

``Final Supplemental Environmental Impact Statement: Issuance of Annual

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

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

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

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

from us at the address indicated under the caption ADDRESSES. In

addition, an August 1985 Environmental Assessment titled ``Guidelines

for Migratory Bird Hunting Regulations on Federal Indian Reservations

and Ceded Lands'' is available from the same address.

Endangered Species Act Considerations

16, 1988 (53 FR 22582), and

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

from us at the address indicated under the caption ADDRESSES. In

addition, an August 1985 Environmental Assessment titled ``Guidelines

for Migratory Bird Hunting Regulations on Federal Indian Reservations

and Ceded Lands'' is available from the same address.

Endangered Species Act Considerations

Prior to issuance of the 1999-2000 migratory game bird hunting

regulations, we will consider provisions of the Endangered Species Act

of 1973, as amended (16 U.S.C. 1531-1543; hereinafter the Act) to

ensure that hunting is not likely to jeopardize the continued existence

of any species designated as endangered or threatened or modify or

destroy its critical habitat and that the proposed action is consistent

with conservation programs for those species. Consultations under

Section 7 of this Act may cause us to change proposals in this and

future supplemental proposed rulemakings.

We will include findings from these consultations in a biological

opinion and may cause modification of some regulatory measures proposed

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

biological opinion resulting from 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

proposed

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

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

These regulations have a significant economic impact on substantial

numbers of small entities under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). We analyzed the economic impacts of the annual

hunting regulations on small business entities in detail and issued a

Small Entity Flexibility Analysis (Analysis) in 1998. The Analysis

documented the significant beneficial economic effect on a substantial

number of small entities. The primary source of information about

hunter expenditures for migratory game bird hunting is the National

Hunting and Fishing Survey, which is conducted at 5-year intervals. The

Analysis was based on the 1996 National Hunting and Fishing Survey and

the U.S. Department of Commerce's County Business Patterns from which

it was estimated that migratory bird hunters would spend between $429

and $1,084 million at small businesses in 1998. Copies of the Analysis

are available upon request.

Executive Order (E.O.) 12866

While this individual supplemental rule was not reviewed by the

Office of Management and Budget (OMB), the migratory bird hunting

regulations are economically significant and are annually reviewed by

OMB under E.O. 12866.

E.O. 12866 requires each agency to write regulations that are easy

to understand. We invite comments on how to make this rule easier to

understand, including answers to questions such as the following: (1)

Are the requirements in the rule clearly stated? (2) Does the rule

contain technical language or jargon that interferes with its clarity?

nd are annually reviewed by

OMB under E.O. 12866.

E.O. 12866 requires each agency to write regulations that are easy

to understand. We invite comments on how to make this rule easier to

understand, including answers to questions such as the following: (1)

Are the requirements in the rule clearly stated? (2) Does the rule

contain technical language or jargon that interferes with its clarity?

(3) Does the format of the rule (grouping and order of sections, use of

headings, paragraphing, etc.) aid or reduce its clarity? (4) Would the

rule be easier to understand if it were divided into more (but shorter)

sections? (5) Is the description of the rule in the ``Supplementary

Information'' section of the preamble helpful in understanding the

rule? What else could we do to make the rule easier to understand?

Small Business Regulatory Enforcement Fairness Act

This rule is a major rule under 5 U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

For the reasons outlined above, this rule has an annual effect on the

economy of $100 million or more. However, because this rule establishes

hunting seasons, we do not plan to defer the effective date under the

exemption contained in 5 U.S.C. 808(1).

Paperwork Reduction Act

We examined these regulations under the Paperwork Reduction Act of

1995. We utilize the various recordkeeping and reporting requirements

imposed under regulations established in 50 CFR part 20, Subpart K, in

the formulation of migratory game bird hunting regulations.

Specifically, OMB has approved the information collection requirements

of the Migratory Bird Harvest Information Program and assigned

clearance number 1018-0015 (expires 9/30/2001). This information is

used to provide a sampling frame for voluntary national surveys to

improve our harvest estimates for all migratory game birds in order to

better manage these populations

d hunting regulations.

Specifically, OMB has approved the information collection requirements

of the Migratory Bird Harvest Information Program and assigned

clearance number 1018-0015 (expires 9/30/2001). This information is

used to provide a sampling frame for voluntary national surveys to

improve our harvest estimates for all migratory game birds in order to

better manage these populations. OMB has also approved the information

collection requirements of the Sandhill Crane Harvest Questionnaire and

assigned clearance number 1018-0023 (expires 9/30/2000). The

information from this survey is used to estimate the magnitude, the

geographical and temporal distribution of harvest, and the portion it

constitutes of the total population. A Federal agency may not conduct

or sponsor, and a person is not required to respond to, a collection of

information unless it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

We have determined and certify, in compliance with the requirements

of the Unfunded Mandates 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.

Taking Implication Assessment

In accordance with Executive Order 12630, these rules, authorized

by the Migratory Bird Treaty Act, do not have significant takings

implications and do not affect any constitutionally protected property

rights. These rules will not result in the physical occupancy of

property, the physical invasion of property, or the regulatory taking

of any property. In fact, these rules allow hunters to exercise

privileges that would be otherwise unavailable; and, therefore, reduce

restrictions on the use of private and public property.

Federalism Effects

ot affect any constitutionally protected property

rights. These rules will not result in the physical occupancy of

property, the physical invasion of property, or the regulatory taking

of any property. In fact, these rules allow hunters to exercise

privileges that would be otherwise unavailable; and, therefore, reduce

restrictions on the use of private and public property.

Federalism Effects

Due to the migratory nature of certain species of birds, the

Federal government has been given responsibility over these species by

the Migratory Bird Treaty Act. We annually prescribe frameworks from

which the States make selections and employ guidelines to establish

special regulations on Federal Indian reservations and ceded lands.

This process preserves the ability of the States and Tribes to

determine which seasons meet their individual needs. Any State or Tribe

may be more restrictive than the Federal frameworks at any time. The

frameworks are developed in a cooperative process with the States and

the Flyway Councils. This allows States to participate in the

development of frameworks from which they will make selections, thereby

having an influence on their own regulations. These rules do not have a

substantial direct effect on fiscal capacity, change the roles or

responsibilities of Federal or State governments, or intrude on State

policy or administration. Therefore, in accordance with Executive Order

12612, these regulations do not have significant federalism effects and

do not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

apacity, change the roles or

responsibilities of Federal or State governments, or intrude on State

policy or administration. Therefore, in accordance with Executive Order

12612, these regulations do not have significant federalism effects and

do not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Government-to-Government Relationship With Tribes

Due to the migratory nature of certain species of birds, the

Federal government has been given responsibility over these species by

the Migratory Bird Treaty Act. Thus, in accordance with the President's

memorandum of April 29, 1994, ``Government-to-Government Relations with

Native American Tribal Governments'' (59 FR 22951) and 512 DM 2, we

have evaluated possible effects on Federally recognized Indian tribes

and have determined that there are no effects on Indian trust

resources. However, by virtue of the tribal proposals contained in this

proposed rule, we have consulted with all the tribes affected by this

rule.

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, 1999, 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

ian 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 1999-2000

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 9, 1999.

Donald Barry,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 99-20963 Filed 8-12-99; 8:45 am]

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