[Federal Register: August 8, 2003 (Volume 68, Number 153)]
[Proposed Rules]
[Page 47423-47439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au03-39]
[[Page 47423]]
-----------------------------------------------------------------------
Part III
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 2003-04
Season; Proposed Rule
[[Page 47424]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AI93
Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for
the 2003-04 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
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 2003-04 migratory bird hunting season.
DATES: We will accept all comments on the proposed regulations that are
postmarked or received in our office by August 18, 2003.
ADDRESSES: Send your comments on these proposals to the Chief, Division
of Migratory Bird Management, U.S. Fish and Wildlife Service,
Department of the Interior, ms MBSP-4107-ARLSQ, 1849 C Street, NW.,
Washington, DC 20240 or fax comments to (703) 358-2272. All comments
received will become part of the public record. You may inspect
comments during normal business hours in room 4107, 4501 N. Fairfax
Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Tina Chouinard, (318) 201-0400, or Ron
W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife
Service, (703) 358-1714.
SUPPLEMENTARY INFORMATION: In the May 6, 2003, Federal Register (68 FR
24324), we requested proposals from Indian Tribes wishing to establish
special migratory bird hunting regulations for the 2003-04 hunting
season, under the guidelines described in the June 4, 1985, Federal
Register (50 FR 23467). In this supplemental proposed rule, we propose
special migratory bird hunting regulations for 28 Indian Tribes, based
on the input we received in response to the May 6, 2003, proposed rule.
As described in that rule, the promulgation of annual migratory bird
hunting regulations involves a series of rulemaking actions each year.
This proposed rule is part of that series.
We developed the guidelines for establishing special migratory bird
hunting regulations for Indian Tribes 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
nontribal members on their reservations. The guidelines include
possibilities for:
(1) On-reservation hunting by both tribal and nontribal members,
with hunting by nontribal members on some reservations to take place
within Federal frameworks but on dates different from those selected by
the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of the
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 Convention Between the United States and Great Britain (for
Canada) for the Protection of Migratory Birds (Treaty). The guidelines
apply to those Tribes having recognized reserved hunting rights on
Federal Indian reservations (including off-reservation trust lands) and
on ceded lands. They also apply to establishing migratory bird hunting
regulations for nontribal members on all lands within the exterior
boundaries of reservations where Tribes have full wildlife management
authority over such hunting or where the Tribes and affected States
otherwise have reached agreement over hunting by nontribal members on
lands owned by non-Indians within the reservation.
Tribes usually have the authority to regulate migratory bird
hunting by nonmembers on Indian-owned reservation lands, subject to
Service approval. The question of jurisdiction is more complex on
reservations that include lands owned by non-Indians, especially when
the surrounding States have established or intend to establish
regulations governing hunting by non-Indians on these lands. In such
cases, 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 pertaining to migratory bird management
to all State Directors, Tribes, and other 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 such
harvest has been a customary practice. We do not oppose this harvest,
provided it does not take place during the closed season defined by the
Treaty, 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 nontribal members on dates that are
within Federal frameworks, but which are different from those
established by the State(s) where the reservation is located. A large
influx of nontribal hunters onto a reservation at a time when the
season is closed in the surrounding State(s) could result in adverse
population impacts on one or more migratory bird species. The
guidelines make this unlikely, however, because tribal proposals must
include:
(a) 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 regulations or establish experimental special hunts,
after evaluation and confirmation of harvest information obtained by
the Tribes.
We believe the guidelines provide appropriate opportunity to
[[Page 47425]]
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. We should stress 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
The following paragraphs provide preliminary information on the
status of waterfowl and information on the status and harvest of
migratory shore and upland game birds.
May Breeding Waterfowl and Habitat Survey
Habitat conditions for breeding waterfowl have improved over last
year in the prairie survey areas, except for eastern South Dakota. Most
prairie areas had warm temperatures and plenty of rain this spring. Two
areas of dramatic improvement over the past several years were south-
central Alberta and southern Saskatchewan, where conditions went from
poor to good after much-needed precipitation relieved several years of
drought. Other areas in the prairies also improved in condition over
2002, but to a lesser extent. However, years of dry conditions in parts
of the United States and Canadian prairies, combined with agricultural
practices, have lessened the quality and quantity of residual nesting
cover and over-water nest sites in many regions. This could potentially
limit production for both dabbling and diving ducks, if the warm spring
temperatures and good moisture of 2003 does not result in rapid growth
of new cover. Eastern South Dakota was the one area of the prairies
where wetland habitat conditions were generally worse than last year,
mostly due to low soil moisture, little winter precipitation, and no
significant rainfall in April. By the time this region received several
inches of rain in May, most birds probably had overflown the area to
wetter conditions in other regions to the north and west.
In the northwestern survey areas, habitat was in generally good
condition and most areas had normal water levels. The exception was
northern Manitoba, where low water levels in small streams and beaver
ponds resulted in overall breeding habitat conditions that were only
fair. Warm spring temperatures arrived much earlier this year than the
exceptionally late spring last year. However, a cold snap in early May
could have hurt early-nesting species such as mallards and pintails,
particularly in the northern Northwest Territories.
Habitat conditions in the eastern survey area ranged from excellent
to fair. In the southern and western part of this survey area, water
and nesting cover were plentiful and temperatures were mild this
spring. Habitat quality decreased to the north, especially in northern
and western Quebec, where many shallow marshes and bogs were either
completely dry or reduced to mudflats. Beaver-pond habitat was also
noticeably less common than normal. To the east in Maine and most of
the Maritime provinces, conditions were excellent, with adequate water,
vegetation, and warm spring temperatures.
Status of Teal
Breeding population estimates for blue-winged teal from surveyed
areas total 5.5 million blue-winged teal, which is above the 4.7
million needed to trigger the 16-day teal season in the Central and
Mississippi Flyways, and the 3.3 million needed to trigger the 9-day
teal season in the Atlantic Flyway.
Sandhill Cranes
The Mid-Continent Population of Sandhill Cranes has generally
stabilized at comparatively high levels, following increases in the
1970s. The Central Platte River Valley, Nebraska, spring index for
2003, uncorrected for visibility, was 316,676 cranes. The most recent
photo-corrected 3-year average (for 2000-02) was 375,875, which is
within the established population-objective range of 343,000-465,000
cranes. All Central Flyway States, except Nebraska, allowed crane
hunting in portions of their respective States in 2002-03. About 8,800
hunters participated in these seasons, which was 10 percent higher than
the number participating in the previous year. An estimated 16,650
cranes were harvested in the Central Flyway during 2001-02 seasons,
which was 11% higher than the previous year's estimate. Retrieved
harvests in the Pacific Flyway, Canada, and Mexico were estimated to be
about 11,650 cranes for the 2002-03 period. The total North American
sport harvest, including crippling losses, was estimated at 31,830,
which is similar to the previous year's estimate. The long-term trend
analysis for the Mid-Continent Population during 1982-2000 indicates
that harvests have been increasing at a higher rate than the trend in
population growth over the same period.
The fall 2002 pre-migration survey estimate for the Rocky Mountain
Population of sandhill cranes was 18,803, which was 12% higher than the
previous year's estimate of 16,559. Limited special seasons were held
during 2002 in portions of Arizona, Idaho, Montana, New Mexico, Utah,
and Wyoming, resulting in a harvest of 639 cranes, which is 29% below
the previous year's record high harvest of 898 cranes.
Woodcock
Singing-Ground and Wing-Collection Surveys were conducted to assess
the population status of the American woodcock (Scolopax minor).
Singing-Ground Survey data for 2003 indicate that the numbers of
displaying woodcock in the Eastern and Central Regions were unchanged
from 2002 (P0.10); although the point estimates of the
trends were higher. Trends from the Singing-Ground Survey during 1993-
2003 were -1.3 and -1.6 percent change per year for the Eastern and
Central regions, respectively (P<0.05). There were long-term (1968-03)
declines (P<0.01) of 2.3 percent per year in the Eastern Region and 1.8
percent per year in the Central Region.
The 2002 recruitment index for the Eastern Region (1.4 immatures
per adult female) was similar to the 2001 index, but was 18 percent
below the long-term average. The recruitment index for the Central
Region (1.6 immatures per adult female) was 17 percent higher than the
2001 index of 1.3 immatures per female, and was similar to the long-
term average. The index of daily hunting success in the Eastern Region
increased slightly from 1.8 woodcock per successful hunt in 2001 to 1.9
in 2002, but seasonal hunting success declined from 6.9 woodcock per
successful hunter in 2001 to 6.6 in 2002. In the Central Region, the
daily success index was 2.1 woodcock per successful hunt in both 2001
and 2002; but seasonal hunting success increased from 10.0 woodcock per
successful hunter in 2001 to 11.0 in 2002.
Band-Tailed Pigeons and Doves
A significant decline in the Coastal population of band-tailed
pigeons occurred during 1968-2002, as indicated by the Breeding Bird
Survey (BBS); however, no trend was noted over the most recent 10
years. Additionally, mineral-site counts at 10 selected sites in Oregon
indicate a general increase over the most recent 10
[[Page 47426]]
years. Call-Count Surveys conducted in Washington showed a significant
increase during 1998-02 and a nonsignificant increase during 1975-02.
According to Harvest Information Program (HIP) surveys, approximately
9,600 pigeons were taken during the 2002-03 season. The Interior band-
tailed pigeon population is stable with no trend indicated by the BBS
over the short-or long-term periods. An estimated 3,700 birds were
taken in 2002-03.
Analyses of Mourning Dove Call-Count Survey data over the most
recent 10 years indicated no trend in doves heard in any Management
Unit. Between 1966 and 2003, all 3 Units exhibited significant
declines. In contrast, for doves seen over the 10-year period, a
significant increase was found in the Eastern Unit while no trends were
found in the Central and Western Units. Over 38 years, no trend was
found for doves seen in the Eastern and Central Units while a decline
was indicated for the Western Unit. HIP surveys indicated that about
22,700,000 mourning doves were bagged nationwide during the 2002-03
season.
In Arizona, the white-winged dove population has shown a
significant decline between 1962 and 2003. However, the number of
whitewings has been fairly stable since the 1970s and, over the most
recent 10 years, there is no significant trend indicated. The 2002
harvest estimate from the HIP survey was 102,700. In Texas, the range
and density of white-winged doves continue to expand. In 2003, the
whitewing population in Texas was estimated to be 2,525,000 birds, an
increase of 8.4 percent from 2002. A more inclusive count in San
Antonio documented more than 1.3 million birds. HIP surveys indicated a
harvest of 943,000 whitewings during the 2002-03 season. The expansion
of whitewings northward and eastward from Texas has led to reports of
nesting in Louisiana, Arkansas, Oklahoma, Kansas, and Missouri. They
have been sighted in Colorado, Montana, Nebraska, Iowa, and Minnesota.
Whitewings are believed to be expanding northward from Florida and have
been seen in Georgia, the Carolinas, and Pennsylvania.
White-tipped doves are maintaining a relatively stable population
in the Lower Rio Grande Valley of Texas. They are most abundant in
cities and, for the most part, are not available to hunting. The 2003
survey averaged 0.95 birds per stop, a 2 percent decrease over the 2002
survey. During the special 4-day whitewing season, about 2,700
whitetips were bagged, according to State harvest-survey estimates.
Hunting Season Proposals From Indian Tribes and Organizations
For the 2003-04 hunting season, we received requests from 24 Tribes
and Indian organizations. 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 mid-August
2003 Federal Register that will include tribal regulations for the
early-hunting season.
The early season generally begins on September 1 each year and most
commonly includes such species as American woodcock, sandhill cranes,
mourning doves, and white-winged doves. A final rule will also be
published in a September 2003 Federal Register that will include
regulations for late-season hunting. The late season begins on or
around September 24 and most commonly includes waterfowl species.
In this current rulemaking, because of the compressed timeframe for
establishing regulations for Indian Tribes and because final frameworks
dates and other specific information are not available, the regulations
for many tribal hunting seasons are described in relation to the season
dates, season length, and limits that will be permitted when final
Federal frameworks are announced for early- and late-season
regulations. For example, daily bag and possession limits for ducks on
some areas are shown as ``Same as permitted in 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 17, 2003 (68 FR 42546); 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 24 Tribes that have submitted
proposals that meet the established criteria and an additional 4 Tribes
from whom we expect to receive proposals are shown below.
(a) Bois Forte Band of Chippewa, Nett Lake, Minnesota (Tribal Members
and Non-tribal Hunters)
The Bois Forte Band of Chippewa is located in northern Minnesota,
as specified in Federal Register 66, No., 83. Bois Forte is a 103,000-
acre land area, home to 800 Band members. The reservation includes Nett
Lake, a 7,400-acre wild rice lake.
In their 2003-04 proposal, dated June 14, 2003, Bois Forte
requested the authority to establish a waterfowl season on their
reservation. The season would be the same as that established by the
State of Minnesota, except that shooting hours on opening day would be
one-half hour before sunrise to sunset. Harvest under their proposal
would not alter possession limits or species allowances already in
place in Minnesota. Bois Forte requests these hours on opening day and
for every hunting day for the remainder of the State's official,
established season.
Bag limits for non-tribal hunters will not be changed from current,
State of Minnesota established levels. Bois Forte requires non-tribal
persons hunting on Nett Lake on the first day of the season to complete
a survey upon completion of the day's hunting requesting: (1) Name and
contact information; (2) hunting permit number (State and tribal); (3)
number of hours hunted; (4) location of hunting site; (5) tribal guide
name; (6) number and species of waterfowl harvested in possession; and
(7) number and species of waterfowl shot but not recovered. Bois Forte
will collect the results and compare to previous seasons' data.
Harvest information from the 2002-03 migratory bird season included
harvest of 1,000 ducks. Of these 1,000 taken, 700 were ring-neck ducks,
150 were blue/green-winged teal, and 150 were mallards. They had 216
hunters, similar to levels in the past.
The Band's Conservation Department regulates non-tribal harvest
limits under the following regulations: (1) Non-tribal hunters must be
accompanied at all times by a Band Member guide; (2) non-tribal hunters
must have in their possession a valid small game hunting license, a
Federal migratory waterfowl stamp, and a Minnesota State waterfowl
stamp; (3) non-tribal hunters and Band Members must have only Service-
approved non-toxic shot in possession at all times; (4) non-tribal
hunters must conform to possession limits established
[[Page 47427]]
and regulated by the State of Minnesota and the Bois Forte Band.
We propose to approve the Bois Forte Band of Chippewa regulations
for the 2003-04 hunting season.
(b) Colorado River Indian Tribes, Colorado River Indian Reservation,
Parker, Arizona (Tribal Members and Nontribal 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 2003-04 proposal, the Colorado River Indian Tribes
requested split dove seasons. They propose their early season begin
September 1 and end September 15, 2003. 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 15, 2003, and
close December 29, 2003. The 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 11, 2003, and run until January 25, 2004. The
Tribes propose the same season dates for mergansers, coots, and common
moorhens. The daily bag limit for ducks, including mergansers, would be
seven, except that the daily bag limits could contain no more than two
hen mallards, two redheads, two Mexican ducks, two goldeneye, and two
cinnamon teal. The seasons on canvasback and pintail are closed. The
possession limit would be twice the daily bag limit. The daily bag and
possession limit for coots and common moorhens would be 25, singly or
in the aggregate.
For geese, the Colorado River Indian Tribes propose a season of
October 18, 2003, through January 25, 2004. The daily bag limit for
geese would be four, but could include no more than three light geese
or three dark geese. The possession limit would be six light geese and
six 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
nontoxic shot is required for waterfowl hunting.
We propose to approve the Colorado River Indian Tribes regulations
for the 2003-04 hunting season.
(c) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Nontribal 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.
As in the past, tribal regulations for nontribal members would be
at least as restrictive as those established for the Pacific Flyway
portion of Montana. Goose season dates would also be at least as
restrictive as those established for the Pacific Flyway portion of
Montana. Shooting hours for waterfowl hunting on the Flathead
Reservation are sunrise to sunset. Steel shot or other Federally-
approved nontoxic shots are the only legal shotgun loads on the
reservation for waterfowl or other game birds.
The requested season dates and bag limits are 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 2003-04 hunting season.
(d) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Nontribal 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 2003 proposal, the Tribe requested a duck and merganser
season of October 4 to December 16, 2003, with a daily bag limit of six
ducks, including no more that five mallards (only two of which may be
hens), two redheads, two wood ducks, and three scaup. The merganser
daily bag limit would be five and include no more than one hooded
merganser. The daily bag limit for coots would be 15. The pintail
season would run from October 4 to December 2, 2003, with a daily bag
limit of one pintail.
For Canada geese, the Tribe proposes an October 18, 2003, to
January 20, 2004, season with a three-bird daily bag limit. For white-
fronted geese, the Tribe proposes a September 27 to December 21, 2003,
season with a daily bag limit of two. For snow geese, the Tribe
proposes a September 27, 2003, to January 1, 2004, season with a daily
bag limit of 20.
Similar to the last several years, the Tribe also requests a
sandhill crane season from September 13 to October 19, 2003, with a
daily bag limit of three. The Tribe proposes a mourning dove season
from September 1 to October 30, 2003, with a daily bag limit of 15.
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. Total harvest on the
reservation in 2000 was estimated to be 179 ducks and 868 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.
(e) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only)
Since 1996, the Service and the Fond du Lac Band of Lake Superior
Chippewa Indians have cooperated to establish special migratory bird
hunting regulations for tribal members. The Fond du Lac's May 29, 2003,
proposal
[[Page 47428]]
covers land set apart for the band under the Treaties of 1837 and 1854
in northeast and east-central Minnesota.
The band's proposal for 2003-04 is essentially the same as that
approved last year. Specifically, the Fond du Lac Band proposes a
September 20 to December 1, 2003, season on ducks, mergansers, coots,
and moorhens, and a September 2 to December 1, 2003, season for geese.
For sora and Virginia rails, snipe, and woodcock, the Fond du Lac Band
proposes a September 2 to December 1, 2003, season. Proposed daily bag
limits would consist of the following:
Ducks: 18 ducks, including no more than 12 mallards (only 6 of
which may be hens), 3 black ducks, 9 scaup, 6 wood ducks, 6 redheads, 3
pintails, and 3 canvasbacks.
Mergansers: 15 mergansers, including no more than 3 hooded
mergansers.
Geese: 12 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: Eight common snipe.
Woodcock: Three woodcock.
The following general conditions apply:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid Ceded Territory License.
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. There are no possession limits on any species, unless otherwise
noted above. For purposes of enforcing bag 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 that 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.
We propose to approve the request for special migratory bird
hunting regulations for the Fond du Lac Band of Lake Superior
Chippewas.
(f) 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 2003-04 season, the Tribe requests that the tribal member
duck season run from September 15, 2003, through January 15, 2004. A
daily bag limit of 12 would include no more than 2 pintail, 2
canvasback, 1 hooded merganser, 3 black ducks, 3 wood ducks, 3
redheads, and 6 mallards (only 3 of which may be hens).
For Canada geese, the Tribe proposes a September 1 through November
30, 2003, and a January 1 through February 8, 2004, season. For white-
fronted geese, brant, and snow geese, the Tribe proposes a September 20
through November 30, 2003, season. The daily bag limit for all geese
(including brant) would be five birds. Based on our information, it is
unlikely that any Canada geese from the Southern James Bay Population
will be harvested by the Tribe.
For woodcock, the Tribe proposes a September 1 to November 14,
2003, season. The daily bag limit will not exceed five birds. For
mourning doves, snipe and rails, the Tribe proposes a September 1 to
November 14, 2003, season. The daily bag limit would be 10 per species.
All other Federal regulations contained in 50 CFR part 20 would
apply. The Tribe proposes to monitor harvest closely through game bag
checks, patrols, and mail surveys. Harvest surveys from the 2002-03
hunting season indicated that approximately 34 tribal hunters harvested
an estimated 200 ducks and 30 Canada geese.
We propose to approve the Grand Traverse Band of Ottawa and
Chippewa Indians' requested 2003-04 special migratory bird hunting
regulations.
(g) 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. We acknowledge the State's concern, but point out that
the U.S. Government has recognized the Indian hunting rights decided in
the Lac Courte Oreilles v. State of Wisconsin (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.
The GLIFWC proposed off-reservation special migratory bird hunting
regulations for the 2003-04 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
[[Page 47429]]
the 1836 Treaty area). Member Tribes of the Task Force are: the Bad
River Band of the Lake Superior Tribe of Chippewa Indians, the Lac
Courte Oreilles Band of Lake Superior Chippewa Indians, the Lac du
Flambeau Band of Lake Superior Chippewa Indians, the Red Cliff Band of
Lake Superior Chippewa Indians, the St. Croix Chippewa Indians of
Wisconsin, the Sokaogon Chippewa Community (Mole Lake Band), all in
Wisconsin; 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 2002-03 season.
Results of 1987-98 hunter surveys on off-reservation tribal duck
harvest in the Wisconsin/Michigan entire ceded territory ranged from
1,022 to 2,374 with an average of 1,422. Estimated goose harvest has
ranged from 72 to 586, with an average of 310. Harvest from 2001 was
estimated at 1,014 ducks, 81 geese, and 146 coots. Under the proposed
regulations, harvest is expected to remain within these ranges. Tribal
harvest in the Minnesota ceded territory is anticipated to be much
smaller than in the Wisconsin/Michigan area since waterfowl hunting has
been limited to 10 individuals thus far. Due to the limited
distribution of doves and dove habitat in the ceded territory, and the
relatively small number of tribal off-reservation migratory bird
hunters, harvest is expected to be negligible.
We believe that regulations advanced by the GLIFWC for the 2003-04
hunting season are biologically acceptable, and we recommend approval.
If the regulations are finalized as proposed, we would request that the
GLIFWC closely monitor the member band's 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 2003-04 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, 2003.
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, 2003.
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: All Ceded Areas
Season Dates: Begin September 15 and end December 1, 2003.
Daily Bag Limit: Five mergansers.
Geese: All Ceded Areas
Season Dates: Begin September 1 and end December 1, 2003. In
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting after December 1 will also be open
concurrently for tribal members.
Daily Bag Limit: 10 geese in aggregate.
Other Migratory Birds: All Ceded Areas
A. Coots and Common Moorhens (Common Gallinules)
Season Dates: Begin September 15 and end December 1, 2003.
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, 2003.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate.
Possession Limit: 25.
C. Common Snipe
Season Dates: Begin September 15 and end December 1, 2003.
Daily Bag Limit: Eight common snipe.
D. Woodcock
Season Dates: Begin September 2 and end December 1, 2003.
Daily Bag Limit: Five woodcock.
E. Mourning Dove: 1837 and 1842 Ceded Territories
Season Dates: Begin September 2 and end October 30, 2003.
Daily Bag Limit: 15 mourning dove.
General Conditions
A. All tribal members will be required to obtain a valid tribal
waterfowl hunting permit.
B. Except as otherwise noted, tribal members will be required to
comply with tribal codes that will be no less restrictive than the
model ceded territory conservation codes approved by Federal courts in
the Voigt and Mille Lacs Band v. State of Minnesota cases. The
respective Chapters 10 of these model codes regulate ceded territory
migratory bird hunting. They parallel Federal requirements as to
hunting methods, transportation, sale, exportation and other conditions
generally applicable to migratory bird hunting. They also automatically
incorporate by reference the Federal migratory bird regulations adopted
in response to this proposal.
C. Particular regulations of note include:
1. Nontoxic shot will be required for all off-reservation waterfowl
hunting by tribal members.
2. Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel state regulations.
3. 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 that are cleaned, dressed, and at a member's primary
residence. For purposes of enforcing bag and possession limits, all
migratory birds in the possession and 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 taken on reservation
lands. All migratory birds that fall on reservation lands will not
count as part of any off-reservation bag or possession limit.
4. The baiting restrictions included in the respective sections
10.05 (2)(h) of the model ceded territory conservation codes will be
amended to include language which parallels that in place for non-
tribal members as published in 64 FR 29804, June 3, 1999. This language
is also included in Appendix 1.
5. The shell limit restrictions included in the respective sections
10.05 (2)(b) of the model ceded territory conservation codes will be
removed.
D. Michigan--Duck Blinds and Decoys. Tribal members hunting in
Michigan will comply with tribal codes that contain provisions parallel
to Michigan law regarding duck blinds and decoys.
(h) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New
Mexico (Tribal Members and Nontribal Hunters)
The Jicarilla Apache Tribe has had special migratory bird hunting
regulations for tribal members and
[[Page 47430]]
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.
The Tribe proposed a 2003-04 waterfowl season beginning with the
earliest possible opening date in the Pacific Flyway States and a
closing date of November 30, 2003. Daily bag and possession limits for
waterfowl would be the same as Pacific Flyway States. The Tribe
proposes a season on Canada geese with a two-bird daily bag limit.
Other regulations specific to the Pacific Flyway guidelines for New
Mexico would be in effect.
During the Jicarilla Game and Fish Department's 2002-03 season,
estimated duck harvest was 216, which is within the historical harvest
range. The species composition in the past has included mainly
mallards, gadwall, wigeon, and teal. Northern pintail comprised 3
percent of the total harvest in 2002. The estimated harvest of geese
was 13 birds.
The proposed regulations are essentially the same as were
established last year. The Tribe anticipates the maximum 2003-04
waterfowl harvest would be around 250-700 ducks and 20-30 geese.
We propose to approve the Tribe's requested 2003-04 hunting
seasons.
(i) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
Members and Nontribal 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
nontribal member seasons described below pertain to a 176-acre
waterfowl management unit. The Tribe is utilizing this opportunity to
rehabilitate an area that needs protection because of past land use
practices, as well as to provide additional waterfowl hunting in the
area. 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 2003-04 migratory bird hunting seasons, the Kalispel Tribe
proposed tribal and nontribal member waterfowl seasons. The Tribe
requests that both duck and goose seasons open at the earliest possible
date and close on the latest date under Federal frameworks. For
nontribal members, the Tribe requests that the season for ducks begin
September 20, 2003, and end January 26, 2004. In that period, nontribal
hunters would be allowed to hunt approximately 101 days. Hunters should
obtain further information on specific hunt days from the Kalispel
Tribe.
The Tribe also requests the season for geese run from September 4
to September 15, 2003, and from October 1, 2003, to January 26, 2004.
Total number of days would not exceed 107. Nontribal members should
obtain further information on specific hunt days from the Tribe. Daily
bag and possession limits would be the same as those for the State of
Washington.
The Tribe reports a 2002-03 nontribal harvest of 55 ducks and 0
geese. Under the proposal, the Tribe expects harvest to be similar to
last year and less than 30 geese and 100 ducks.
All other State and Federal regulations contained in 50 CFR part
20, such as use of non-toxic shot and possession of a signed migratory
bird hunting stamp, would be required.
For tribal members on Kalispel-ceded lands, the Kalispel propose
outside frameworks for ducks and geese of September 1, 2003, through
January 26, 2004. The Tribe requests that both duck and goose seasons
open at the earliest possible date and close on the latest date under
Federal frameworks. However, during that period, the Tribe proposes
that the season run continuously. Daily bag and possession limits would
be concurrent with the Federal rule.
The Tribe reports that there was no 2002-03 tribal harvest. Under
the proposal, the Tribe expects harvest to be less than 500 birds for
the season with less than 200 geese. 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 nontribal seasons conform to Treaty limitations
and final Federal frameworks for the Pacific Flyway. For the 2003-04
season, outside Federal frameworks for ducks in the Pacific Flyway
under the ``moderate'' and ``liberal'' regulatory alternatives are
September 20, 2003, through January 26, 2004. For geese, frameworks for
special early Canada goose seasons are September 1 through September
15, 2003, while regular seasons frameworks are September 28, 2003,
through January 26, 2004. All seasons for nontribal hunters must
conform with the 107-day maximum season length established by the
Treaty.
(j) 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.
For the 2003-04 season, we have not yet heard from the Tribe
regarding this season's proposal. Based on last year, we assume the
Tribe would request proposed season dates of October 1, 2003, through
January 28, 2004. Daily bag limits would be nine for ducks and six 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. Steel shot
is required.
Based on the number of birds produced in the Klamath Basin, this
year's harvest would 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 2003-04 special
migratory bird hunting regulations upon receipt of their proposal and
confirmation that the Tribe would like to have a special season.
(k) 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. The Service and the Tribe
have cooperatively established migratory bird hunting regulations since
2000.
For the 2003-04 season, the Tribe requests a duck season starting
on September 13 and ending December 31, 2003. They request a goose
season to
[[Page 47431]]
run from September 1 through December 31, 2003. Daily bag limits for
both ducks and geese would be 10. Possession limits would be twice the
daily bag limit. Shooting hours are one-half hour before sunrise to
one-half hour after sunset.
The annual harvest by tribal members on the Leech Lake Reservation
is estimated at 1,000-2,000 birds.
We propose to approve the Leech Lake Band of Ojibwe's requested
2003-04 special migratory bird hunting regulations.
(l) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal
Members Only)
The Little River Band of Ottawa Indians is a self-governing,
federally recognized Tribe located in Manistee, Michigan, and 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. Ceded lands
are located in Lake, Mason, Manistee, and Wexford Counties.
For the 2003-04 season, the Little River Band of Ottawa Indians
proposes duck, merganser, coot, and common moorhen seasons from
September 29 through December 5, 2003. A daily bag limit of eight ducks
would include no more than one pintail, one canvasback, one black duck,
two wood ducks, two redheads, three scaup, and five mallards (only one
of which may be a hen). The daily bag limit for mergansers would be
five, of which only one could be a hooded merganser. Possession limits
for mergansers is 10, only 2 of which may be hooded mergansers. The
daily bag limit for coots and common moorhens would be 12. Possession
limits would be twice the daily bag limit.
For Canada geese, white-fronted geese, snow geese, Ross geese, and
brant, the Tribe proposes a September 1 through November 30, 2003,
season. Daily bag limits would be 5 Canada geese and a combination of
10 of all other species. For Canada geese only, the Tribe proposes a
January 1, 2004, through February 7, 2004, season with a daily bag
limit of five Canada geese. The possession limit would be twice the
daily bag limit.
For snipe, woodcock, and rails, the Tribe proposes a September 1 to
November 14, 2003, season. The daily bag limit would be 10 common
snipe, 5 woodcock, and 10 rails. Possession limits for all species
would be twice the daily bag limit. For mourning dove, the Tribe
proposes a September 15 to November 14, 2003, season. The daily bag
limit would be 10 and possession limit of 20.
The Tribe proposes to monitor harvest through mail surveys. General
Conditions are as follows:
A. All tribal members will be required to obtain a valid tribal
resource card and 2003-04 hunting license.
B. Except as modified by the Service rules adopted in response to
this proposal, these amended regulations parallel all Federal
regulations contained in 50 CFR part 20.
C. Particular regulations of note include:
(1) Nontoxic shot will be required for all waterfowl hunting by
tribal members.
(2) Tribal members in each zone will comply with tribal regulations
providing for closed and restricted waterfowl hunting areas. These
regulations generally incorporate the same restrictions contained in
parallel State regulations.
(3) 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.
D. Tribal members hunting in Michigan will comply with tribal codes
that contain provisions parallel to Michigan law regarding duck blinds
and decoys.
We propose to approve Little River Band of Ottawa Indians'
requested 2003-04 special migratory bird hunting regulations.
(m) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan
(Tribal Members Only)
The Little Traverse Bay Bands of Odawa Indians is a self-governing,
federally recognized Tribe located in Petoskey, Michigan, and 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 2003-04 season, the Little Traverse Bay Bands of Odawa
Indians propose regulations similar to other Tribes in the 1836 treaty
area. The tribal member duck season would run from September 15, 2003,
through January 20, 2004. A daily bag limit of 12 would include no more
than 2 pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood
ducks, 2 redheads, and 6 mallards (only 3 of which may be hens). For
Canada geese, the Tribe proposes a September 1, 2003, through November
30, 2003, and January 1, 2004, through February 7, 2004, season. For
white-fronted geese, brant, and snow geese, the Tribe proposes a
September 1 through November 30, 2003, season. The daily bag limit for
Canada geese would be 5 birds, and for snow geese, brant, and white-
fronted geese, 10 birds. Based on our information, it is unlikely that
any Canada geese from the Southern James Bay Population would be
harvested by the Tribe. Possession limits are twice the daily bag
limit.
For woodcock, the Tribe proposes a September 1, 2003, to November
14, 2003, season. The daily bag limit will not exceed five birds. For
snipe, mourning doves, and sora rail, the Tribe proposes a September 1
to November 14, 2003, season. The daily bag limit will not exceed 10
birds per species. The possession limit will not exceed two days bag
limit for all birds.
All other Federal regulations contained in 50 CFR part 20 would
apply. The Tribe proposes to monitor harvest closely 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 Little Traverse Bay Bands of Odawa
Indians' requested 2003-04 special migratory bird hunting regulations.
(n) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal 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 an 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 2003-04 season, the two parties have
come to an agreement that provides 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 2003-04 migratory bird hunting season, the Lower Brule
Sioux Tribe proposes a nontribal member duck, merganser, and coot
season length of 97 days, the same number of days tentatively allowed
under the ``liberal''
[[Page 47432]]
regulatory alternative in the High Plains Management Unit for this
season. The Tribe's proposed season would run from October 4, 2003,
through January 8, 2004. The daily bag limit would be six birds,
including no more than five mallards (only one of which may be a hen),
one pintail, two redheads, two wood ducks, three scaup, and one mottled
duck. The canvasback season for nontribal members is closed. The daily
bag limit for mergansers would be five, only one of which could be a
hooded merganser. 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 27-28, 2003.
The Tribe's proposed nontribal member Canada goose season would run
from October 18, 2003, through January 20, 2004, with a daily bag limit
of three Canada geese. The Tribe's proposed nontribal member white-
fronted goose season would run from October 18, 2003, through January
11, 2004, with a daily bag limit of two white-fronted geese. The
Tribe's proposed nontribal member light goose season would run from
October 18, 2003, through January 17, 2004, and February 26 through
March 10, 2004. The light goose daily bag limit would be 20. Possession
limits would be twice the daily bag limits.
For tribal members, the Lower Brule Sioux Tribe proposes a duck,
merganser, and coot season from October 4, 2003, through March 9, 2004.
The daily bag limit would be six birds, including no more than five
mallards (only one of which may be a hen), one pintail, two redheads,
one canvasback, two wood ducks, three scaup, and one mottled duck. The
daily bag limit for mergansers would be five, only one of which could
be a hooded merganser. 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 27-28, 2003.
The Tribe's proposed Canada goose season for tribal members would
run from October 18, 2003, through March 9, 2004, with a daily bag
limit of three Canada geese. The Tribe's proposed white-fronted goose
tribal season would run from October 18, 2003, through March 9, 2004,
with a daily bag limit of two white-fronted geese. The Tribe's proposed
light goose tribal season would run from October 18, 2003, through
March 9, 2004. The light goose daily bag limit would be 20. Possession
limits would be twice the daily bag limits.
In the 2002-03 season, hunters harvested an estimated 1,785 geese
and 660 ducks. In the 2002-03 season, duck harvest species composition
was primarily mallard (60 percent), green-winged teal (19 percent),
gadwall (10 percent), blue-winged teal (7 percent), and wood duck,
scaup, pintail, and wigeon (4 percent collectively). Goose harvest
species composition in 2002 at Mni Sho Sho was approximately 86 percent
Canada geese, 8 percent snow geese, and 6 percent white-fronted geese.
Harvest of geese harvested by other hunters was approximately 96
percent Canada geese, 3 percent snow geese, and 1 percent white-fronted
geese. However, typical harvest is 100 percent Canada geese with less
than 1 percent snow geese.
The Tribe anticipates a duck harvest similar to the 9-year average
(403) 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.
(o) Makah Indian Tribe, Neah Bay, Washington (Tribal Members Only)
The Makah Indian Tribe and the Service have been cooperating to
establish special regulations for migratory game birds on the Makah
Reservation and traditional hunting land off the Makah Reservation
since the 2001-02 hunting season. Lands off the Makah Reservation are
those contained within the boundaries of the State of Washington Game
Management Units 601-603 and 607.
The Makah Indian Tribe proposes a duck and coot hunting season from
September 15, 2003, to January 13, 2004. The daily bag limit is seven
ducks including no more than one canvasback and one redhead. The daily
bag limit for coots is 25. The Tribe has a year-round closure on wood
ducks and harlequin ducks. For geese, the Tribe proposes the season
open on September 15, 2003, and close January 13, 2004. The daily bag
limit for geese is four. The Tribe notes that there is a year-round
closure on Aleutian and Dusky Canada geese. For band-tailed pigeons,
the Tribe proposes the season open September 1, 2003, and close October
31, 2003. The daily bag limit for band-tailed pigeons is two. Shooting
hours for all species of waterfowl are one-half hour before sunrise to
sunset.
The Tribe anticipates that harvest under this regulation will be
relatively low since fewer than 20 hunters are likely to participate at
this time. The Tribe expects fewer than 70 ducks and 20 geese are
expected to be harvested during the 2003-04 migratory bird hunting
season.
All other Federal regulations contained in 50 CFR part 20 would
apply. The following restrictions are also proposed by the Tribe: (1)
As per Makah Ordinance 44, only shotguns may be used to hunt any
species of waterfowl. Additionally, shotguns must not be discharged
within 0.25 miles of an occupied area; (2) Hunters must be eligible,
enrolled Makah tribal members and must carry their Indian Treaty
Fishing and Hunting Identification Card while hunting. No tags or
permits are required to hunt waterfowl; (3) The Cape Flattery area is
open to waterfowl hunting, except in designated wilderness areas, or
within one mile of Cape Flattery Trail, or in any area that is closed
to hunting by another ordinance or regulation; (4) The use of live
decoys and/or baiting to pursue any species of waterfowl is prohibited;
(5) Steel or bismuth shot only for waterfowl is allowed; the use of
lead shot is prohibited; (6) The use of dogs is permitted to hunt
waterfowl.
We propose to approve the Makah Indian Tribe's requested 2003-04
special migratory bird hunting regulations.
(p) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona
(Tribal Members and Nontribal 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 Navajo
Nation owns almost all lands on the reservation and has full wildlife
management authority.
The Tribe requests special migratory bird hunting regulations on
the reservation for both tribal and nontribal members for the 2003-04
hunting season for ducks (including mergansers), Canada geese, coots,
band-tailed pigeons, and mourning doves. For ducks, mergansers, Canada
geese, and coots, 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, 2003, with daily bag limits
[[Page 47433]]
of 10 and 5 for mourning dove and band-tailed pigeon, respectively.
Possession limits would be twice the daily bag limits.
The Nation requires tribal members and nonmembers to comply with
all basic Federal migratory bird hunting regulations in 50 CFR part 20
pertaining to shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed
in ink across the face of the stamp. Special regulations established by
the Navajo Nation also apply on the reservation.
The Tribe anticipates a total harvest of less than 100 mourning
doves, 20 band-tailed pigeons, 500 ducks, coots, and mergansers, and
300 Canada geese for the 2003-04 season. Harvest will be measured by
mail survey forms. Through the established Tribal Nation Code, Title 17
and 18 U.S.C. 1165, the Tribe will take action to close the season,
reduce bag limits, or take other appropriate actions if the harvest is
detrimental to the migratory bird resource.
We propose to approve the Navajo Nation's request for these special
regulations for the 2003-04 migratory bird hunting seasons.
(q) 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 13, 2003, letter, and a June 26, 2003 supplemental letter,
the Tribe proposed special migratory bird hunting regulations. For
ducks, the Tribe described the general ``outside dates'' as being
September 27 through December 7, 2003, with a closed segment of
November 22 through 30. The Tribe proposes a daily bag limit of six
birds, which could include no more than six mallards (three hen
mallards), five wood ducks, one redhead, two pintails, and one hooded
merganser.
For geese, the Tribe requests a season between September 1 and
December 31, 2003, with a daily bag limit of three Canada geese.
Hunters will be issued three tribal tags for geese in order to monitor
goose harvest. An additional three tags will be issued each time birds
are registered. The Tribe will close the season November 22 to 30,
2003. 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 13 and
November 16, 2003, with a daily bag and possession limit of 5 and 10,
respectively.
For mourning dove, the Tribe proposes a season between September 1
and November 16, 2003, with a daily bag and possession limit of 10 and
20, respectively.
The Tribe proposes shooting hours be one-half hour before sunrise
to one-half hour after sunset.
Nontribal members hunting on the Reservation or on lands under the
jurisdiction of the Tribe must comply with all State of Wisconsin
regulations, including shooting hours of one-half hour before sunrise
to sunset, season dates, and daily bag limits. Tribal members and
nontribal 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 part 20, with the following
exceptions: Oneida members would be exempt from the purchase of the
Migratory Waterfowl Hunting and Conservation Stamp (Duck Stamp); and
shotgun capacity is not limited to three shells. Tribal member shooting
hours will be from one-half hour before sunset to one-half hour after
sunset.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Oneida Tribe of Indians of Wisconsin.
(r) Point No Point Treaty Tribes, Kingston, Washington (Tribal Members
Only)
Since 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, have 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.
For the 2003-04 season, the Tribe requests seasons for ducks,
geese, brant, coots, snipe, band-tailed pigeons, and mourning doves.
For ducks, coots, geese, and snipe, the season would run from September
15, 2003, to March 10, 2004, with a daily bag limit of 7 ducks, 25
coots, 4 geese (including no more than 3 light geese), and 8 snipe. The
duck daily bag limit would include mergansers and could include no more
than two hen mallards, one pintail, one canvasback, one harlequin, and
two redheads. The goose daily bag limit is to include no more than
three light geese. The season is closed on Aleutian Canada geese. For
brant, the season would run from November 1, 2003, to March 10, 2004.
The daily bag limit for brant would be two. All possession limits would
be twice the daily bag limit. For band-tailed pigeons and mourning
doves, the season would start September 1, 2003, and end March 10,
2004. The band-tailed pigeon daily bag limit would be 2, with a
possession limit of 4, and the mourning dove daily bag limit would be
10, possession limit of 20.
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 in
2002-03 under similar regulations was approximately 150 ducks, 20
geese, and 25 coots.
We propose to approve the Point No Point Treaty Tribe's 2003-04
regulations.
(s) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall,
Idaho (Nontribal 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 2003-04 hunting season, provided the duck and goose hunting
season dates are the same as on the reservation.
In a proposal for the 2003-04 hunting season, the Shoshone-Bannock
Tribes
[[Page 47434]]
requested a continuous duck (including mergansers) season with the
maximum number of days and the same daily bag and possession limits
permitted for 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, 2003, and a closing date of January 11, 2004. Coot and snipe
season dates would be the same as for ducks, with the same daily bag
and possession limits permitted for 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 in 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, 2003, and a closing
date of January 4, 2004. The Tribes anticipate harvest will be between
4,000 and 6,000 geese.
The Tribe requests a common snipe season with the maximum number of
days and the same daily bag and possession limits permitted in 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, 2003, and a closing date of January
11, 2004.
Nontribal 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 2003-04 hunting
season.
(t) Squaxin Island Tribe, Squaxin Island Reservation, Shelton,
Washington (Tribal Members Only)
The Squaxin Island Tribe of Washington and the Service have
cooperated since 1995 to establish special tribal migratory bird
hunting regulations. These special regulations apply to tribal members
on the Squaxin Island Reservation, located in western Washington near
Olympia, and all lands within the traditional hunting grounds of the
Squaxin Island Tribe.
For the 2003-04 season, the Tribe requests to establish duck and
coot seasons that would run from September 15, 2003, through January
15, 2004. The daily bag limit for ducks is five per day and could
include only one canvasback. The season on harlequin ducks is closed.
For coots the daily bag limit is 25. For snipe, the Tribe proposes the
season start on September 15, 2003, and end on January 15, 2004. The
daily bag limit for snipe is eight.
For geese, the Tribe proposes establishing a season that would run
from September 15, 2003, through January 15, 2004. The daily bag limit
for geese is four and could include only two snow geese. The season on
Aleutian and cackling Canada geese is closed. For brant, the Tribe
proposes to establish a September 15 to December 31, 2003, season with
a daily bag limit of two. The Tribe also proposes a September 1 to
December 31, 2003, season for band-tailed pigeons with a daily bag
limit of five.
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 that all harvest be
reported to their Natural Resources Office within 72 hours.
In 1995, the Tribe reported 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 requested 2003-04
special migratory bird hunting regulations.
(u) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal
Members Only)
The Stillaguamish Tribe of Indians and the Service have cooperated
to establish special regulations for migratory game birds since 2001.
The Tribe is proposing regulations to hunt all open and unclaimed lands
under the Treaty of Point Elliott of January 22, 1855, including their
main hunting grounds around Camano Island, Skagit Flats, Port Susan to
the border of the Tulalip Tribe's Reservation. Ceded lands are located
in Whatcom, Skagit, Snohomish, and Kings Counties, and a portion of
Pierce County, Washington. The Stillaguamish Tribe of Indians is a
federally recognized Tribe and reserves the Treaty Right to hunt (U.S.
v. Washington).
The Tribe proposes that duck (including mergansers, sea ducks, and
coots), goose, and snipe seasons run from October 1, 2003, to January
31, 2004. The daily bag limit on ducks (including sea ducks and
mergansers) is 10 and must include no more than 7 mallards (only 3 of
which can be hens), 3 pintail, 3 redhead, 3 scaup, and 3 canvasback.
The daily bag limit for coot is 25. For geese, the daily bag limit is
six. The daily bag limit on brant is three. The daily bag limit for
snipe is ten. Possession limits are totals of two daily bag limits.
Harvest is regulated by a punch card system. Tribal members hunting
on lands under this proposal will observe all basic Federal migratory
bird hunting regulations found in 50 CFR part 20, which will be
enforced by the Stillaguamish Tribal Law Enforcement. Tribal members
are required to use steel shot or a non-toxic shot as required by
Federal regulations.
The Tribe anticipates a total harvest of 200 ducks, 100 geese, 50
mergansers, 50 brant, 100 coots, and 100 snipe. Anticipated harvest
needs include subsistence and ceremonial needs. Certain species may be
closed to hunting for conservation purposes, and consideration for the
needs of certain species will be addressed.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Stillaguamish Tribe of Indians.
(v) 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. The Swinomish Reservation was established by the Treaty of
Point Elliott of January 22, 1855, and lies in the Puget Sound area
north of Seattle, Washington.
For the 2003-04 season, the Tribe requests to establish a migratory
bird hunting season on all areas that are open and unclaimed and
consistent with the meaning of the treaty. The Tribe requests to
establish duck, merganser, Canada goose, brant, and coot seasons
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 its season. The Swinomish requests an additional
three birds of each species over that allowed by the State for daily
bag and possession limits.
The Community normally anticipates that the regulations will result
in the harvest of approximately 300 ducks, 50 Canada geese, 75
mergansers, 100 brant, and 50 coot. The Swinomish utilize a report card
and permit system to monitor harvest and will implement steps to limit
harvest where conservation is needed. All tribal
[[Page 47435]]
regulations will be enforced by tribal fish and game officers.
On reservation, the Tribal Community proposes a hunting season for
the above-mentioned species beginning on the earliest possible opening
date and closing March 9, 2004. The Swinomish manage harvest by a
report card permit system, and we 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 affect migratory bird populations. We propose to
approve the Tribe's requested 2003-04 special migratory bird hunting
regulations.
(w) The Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Nontribal Hunters)
The Tulalip Tribes are the successors in interest to the Tribes and
bands signatory to the Treaty of Point Elliott of January 22, 1855. The
Tulalip Tribes' government is located on the Tulalip Indian Reservation
just north of the City of Everett in Snohomish County, 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 nonmember hunting unless opened by Tulalip Tribal
regulations.
The Tulalip Tribes proposed tribal and nontribal hunting
regulations for the 2003-04 season. Migratory waterfowl hunting by
Tulalip Tribal members is authorized by Tulalip Tribal Ordinance No.
67. For ducks, mergansers, coot, and snipe, the proposed season for
tribal members would be from September 15, 2003, through February 29,
2004. In the case of nontribal hunters hunting on the reservation, the
season would be the latest closing date and the longest period of time
allowed under final Pacific Flyway Federal frameworks. Daily bag and
possession limits for Tulalip Tribal members would be 7 and 14 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 in accordance with final Federal frameworks. For
nontribal hunters, bag and possession limits would be the same as those
permitted under final Federal frameworks. Nontribal members should
check with the Tulalip tribal authorities regarding additional
conservation measures which may apply to specific species managed
within the region. Ceremonial hunting may be authorized by the
Department of Natural Resources at any time upon application of a
qualified tribal member. Such a hunt must have a bag limit designed to
limit harvest only to those birds necessary to provide for the
ceremony.
For geese, tribal members are proposed to be allowed to hunt from
September 15, 2003, through February 29, 2004. Non-tribal hunters would
be allowed the longest season and the latest closing date permitted for
Pacific Flyway Federal frameworks. For tribal hunters, the goose daily
bag and possession limits would be 7 and 14, respectively, except that
the bag limits for brant, cackling Canada geese, and dusky Canada geese
would be those established in accordance with final Federal frameworks.
For nontribal hunters hunting on reservation lands, the daily bag and
possession limits would be those established in accordance with final
Federal frameworks for the Pacific Flyway. The Tulalip Tribes also set
a maximum annual bag limit for those tribal members who engage in
subsistence hunting of 365 ducks and 365 geese.
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. Nontribal hunters 16 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 of the stamp.
Although the season length requested by the Tulalip Tribes appears
to be quite liberal, harvest information indicates a total take by
tribal and nontribal hunters under 1,000 ducks and 500 geese, annually.
We propose approval of the Tulalip Tribe's 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.
(x) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal
Members Only)
The Upper Skagit Indian Tribe and the Service have cooperated to
establish special regulations for migratory game birds since 2001. The
Tribe has jurisdiction over lands within Skagit, Island, and Whatcom
Counties, Washington. Tribal hunters are issued a harvest report card
that will be shared with the State of Washington.
For the 2003-04 duck season, the Tribe requests a season of
November 1, 2003, and ending February 8, 2004. The Tribe proposes a
daily bag limit of 15 with a possession limit of 20. The coot daily bag
limit is 20 with a possession limit of 30.
The Tribe proposes a goose season from November 1, 2003, to
February 8, 2004, with a daily bag limit of seven geese and five brant.
The possession limit for geese and brant are seven and five,
respectively.
The Tribe proposes a mourning dove season between September 1 to
December 31, 2003, with a daily bag limit of 12 and possession limit of
20.
The anticipated migratory bird harvest under this proposal would be
100 ducks, 5 geese, 2 brant, and 10 coots. Tribal members must have the
tribal identification and harvest report card on their person to hunt.
Tribal members hunting on the Reservation will observe all basic
Federal migratory bird hunting regulations found in 50 CFR, except
shooting hours would be one-half hour before official sunrise to one-
half hour after official sunset.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Upper Skagit Indian Tribe. We request
that the Tribe closely monitor harvest of this special migratory bird
hunting season.
(y) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal
Members Only)
The Wampanoag Tribe of Gay Head is a federally-recognized Tribe
located on the island of Martha's Vineyard in Massachusetts. The Tribe
has approximately 560 acres of land, which it manages for wildlife
through its natural resources department. The Tribe also enforces its
own wildlife laws and regulations through the natural resources
department.
For the 2003-04 season, the Tribe proposes a duck season of
November 1, 2003, to February 28, 2004. The Tribe proposes a daily bag
limit of six birds, which could include no more than two hen mallards,
two black ducks, two mottled ducks, one fulvous whistling duck, four
mergansers, three scaup, one hooded merganser, two wood ducks, one
canvasback, two redheads, and one pintail. The season for harlequins
would be closed. The Tribe proposes a teal (green-winged and blue)
season of October 18, 2003, to January 31, 2004. A daily bag limit of
six teal would be in addition to the daily bag limit for ducks.
For sea ducks, the Tribe proposes a season between October 18,
2003, and February 28, 2004, with a daily bag limit
[[Page 47436]]
of seven, which could include no more than one hen eider and four of
any one species unless otherwise noted above.
For geese, the Tribe requests a season between September 13 to
September 27, 2003, and November 1, 2003, through February 28, 2004,
with a daily bag limit of 5 Canada geese during the first period and 3
Canada geese during the second period. They propose a daily bag limit
of 15 snow geese.
For woodcock, the Tribe proposes a season between October 18 and
November 29, 2003, with a daily bag limit of three.
The Tribe currently has 22 registered tribal hunters and estimates
harvest to be no more than 40 geese, 50 mallards, 50 teal, 50 black
ducks, and 50 of all other species combined. Tribal members hunting on
the Reservation will observe all basic Federal migratory bird hunting
regulations found in 50 CFR part 20. Hunters will be required to
register with the HIP program.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Wampanoag Tribe of Gay Head.
(z) White Earth Band of Ojibwe, White Earth, Minnesota (Tribal Members
Only)
The White Earth Band of Ojibwe 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 migratory bird regulations. The Tribe
and the Service first cooperated to establish special tribal
regulations in 1999.
For the 2003-04 migratory bird hunting season, the White Earth Band
of Ojibwe request a duck and merganser season to start September 13 and
end December 14, 2003. For ducks, they request a daily bag limit of 10
including no more than 2 mallards and 2 canvasback. The merganser daily
bag limit would be 5 with no more than 2 hooded mergansers. For geese,
the Tribe proposes a September 1 to December 14, 2003, season with a
daily bag limit of five geese.
For coots, dove, rail, woodcock, and snipe, the Tribe proposes a
September 7 to December 31, 2003, season with daily bag limits of 20
coots, 25 doves, 25 rails, 10 woodcock, and 10 snipe. Shooting hours
are one-half hour before sunrise to one-half hour after sunset.
Nontoxic shot is required.
Based on past harvest surveys, the Tribe anticipates harvest of
1,000 to 2,000 Canada geese and 1,000 to 1,500 ducks. The White Earth
Reservation Tribal Council employs four full-time Conservation Officers
to enforce migratory bird regulations.
We propose to approve the White Earth Band of Ojibwe's requested
2003-04 special migratory bird hunting regulations for this year.
(aa) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal 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 length of the Black River west of the Bonito Creek and Black River
confluence and the entire length of the Salt River 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, 5, 6, and 7. Tanks located below
the Mogollon Rim, within Wildlife Management Units 2 and 3 will be open
to waterfowl hunting during the 2003-04 season. The length of the Black
River east of the Black River/Bonito Creek confluence is closed to
waterfowl hunting. All other waters of the reservation would be closed
to waterfowl hunting for the 2003-04 season.
For nontribal and tribal hunters, the Tribe proposes a continuous
duck, coot, merganser, gallinule, and moorhen hunting season, with an
opening date of October 11, 2003, and a closing date of January 25,
2004. The Tribe proposes a separate pintail season, with an opening
date of October 11, 2003, and a closing date of December 10, 2003. The
season on canvasback is closed. The Tribe proposes a daily duck
(including mergansers) bag limit of seven, which may include no more
than two redheads, one pintail (when open), and seven mallards
(including no more than two hen mallards). The daily bag limit for
coots, gallinules, and moorhens would be 25, singly or in the
aggregate.
For geese, the Tribe is proposing a season from October 11, 2003,
through January 25, 2004. Hunting would be limited to Canada geese, and
the daily bag limit would be three.
Season dates for band-tailed pigeons and mourning doves would run
concurrently from September 3 through September 17, 2003, in Wildlife
Management Unit 10 and all areas south of Y-70 in Wildlife Management
Unit 7, only. Proposed daily bag limits for band-tailed pigeons and
mourning doves would be 3 and 10, respectively.
Possession limits for the above species are twice the daily bag
limits. Shooting hours would be from one-half hour before sunrise to
sunset. There would be no open season for sandhill cranes, rails, and
snipe on the White Mountain Apache lands under this proposal. A number
of special regulations apply to tribal and nontribal hunters, which may
be obtained from the White Mountain Apache Tribe Game and Fish
Department.
We propose to approve the regulations requested by the Tribe for
the 2003-04 season.
(bb) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)
On May 28, 2003, the Yankton Sioux Tribe submitted a waterfowl
hunting proposal for the 2003-04 season. The Yankton Sioux tribal
waterfowl hunting season would be open to both tribal members and
nontribal hunters. The waterfowl hunting regulations would apply to
tribal and trust lands within the external boundaries of the
reservation.
For ducks (including mergansers) and coots, the Yankton Sioux Tribe
proposes a season starting October 9, 2003, and running for the maximum
amount of days allowed under the final Federal frameworks. The Tribe
indicated that if the Service decided to close the canvasback season,
the Tribe would close theirs. Daily bag and possession limits would be
6 ducks, which may include no more than 5 mallards (no more than 2
hens), 1 canvasback (if open), 2 redheads, 3 scaup, 1 pintail, or 2
wood ducks. The bag limit for mergansers is 5, which would include no
more than 1 hooded merganser. The coot daily bag limit is 15.
For geese, the Tribe has requested a dark geese (Canada geese,
brant, white-fronts) season starting October 29, 2003, and closing
January 31, 2004. The daily bag limit would be three geese (including
no more than one whitefront or brant). Possession limits would be twice
the daily bag limit.
For white geese, the proposed hunting season would start October
29, 2003, and run for the maximum amount of days allowed under the
final Federal frameworks. Daily bag and possession limits would be the
maximum as those allowed under Federal frameworks.
All hunters would have to be in possession of a valid tribal
license while hunting on Yankton Sioux trust lands. Tribal and
nontribal hunters must comply with all basic Federal migratory
[[Page 47437]]
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 2002-03 hunting season, the Tribe reported that 65
nontribal hunters took 350 Canada geese, 25 light geese, and 75 ducks.
One hundred and twenty-two tribal members harvested less than 50 geese
and 50 ducks.
We concur with the Yankton Sioux proposal for the 2003-04 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,
nongovernmental 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 adjust appropriately 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 the comment period past the date specified in DATES 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 4107, 4501
North Fairfax Drive, Arlington, Virginia.
Our practice is to make comments, including names and addresses of
respondents, available for public review during regular business hours.
Individual respondents may request that we withhold their home address
from the rulemaking record, which we will honor to the extent allowable
by law. In some circumstances, we would withhold from the rulemaking
record a respondent's identity, as allowable by law. If you wish for us
to withhold your name and/or address, you must state this prominently
at the beginning of your comment. However, we will not consider
anonymous comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
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 in the final rules.
NEPA Consideration
NEPA considerations are covered by the programmatic document,
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with the Environmental Protection Agency on June 9, 1988.
We published notice of availability in the Federal Register on June 16,
1988 (53 FR 22582). We published our Record of Decision on August 18,
1988 (53 FR 31341). In addition, an August 1985 environmental
assessment entitled ``Guidelines for Migratory Bird Hunting Regulations
on Federal Indian Reservations and Ceded Lands'' is available from the
address indicated under the caption ADDRESSES.
In a proposed rule published in the April 30, 2001, Federal
Register (66 FR 21298), we expressed our intent to begin the process of
developing a new EIS for the migratory bird hunting program.
Endangered Species Act Consideration
Prior to issuance of the 2003-04 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 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 rulemaking documents.
Executive Order 12866
This rule is economically significant and was reviewed by the
Office of Management and Budget (OMB) under Executive Order 12866. The
migratory bird hunting regulations are economically significant and are
annually reviewed by OMB under Executive Order 12866. As such, a cost/
benefit analysis was prepared in 1998 and is further discussed below
under the heading Regulatory Flexibility Act. Copies of the cost/
benefit analysis are available upon request from the address indicated
under the caption ADDRESSES.
Executive Order 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?
(6) What else could we do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of the Executive Secretariat and
Regulatory Affairs, Department of the Interior, Room 7229, 1849 C
Street NW, Washington, DC 20240. You may also e-mail comments to this
address: Exsec@ios.doi.gov.
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 2003. The Analysis
documented the significant beneficial economic effect on a substantial
number of small entities.
[[Page 47438]]
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
2001 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 $470 million and $1.2
billion at small businesses in 2003. Copies of the Analysis are
available upon request from the address indicated under the caption
ADDRESSES.
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 required by 5 U.S.C. 801 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. The various recordkeeping and reporting requirements imposed
under regulations established in 50 CFR part 20, Subpart K, are
utilized 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 10/31/2004). 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 07/31/2003). The
information from this survey is used to estimate the magnitude and the
geographical and temporal distribution of the 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 Reform 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. Therefore, this
rule is not a ``significant regulatory action'' under the Unfunded
Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that this rule will not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
In accordance with Executive Order 12630, this proposed rule,
authorized by the Migratory Bird Treaty Act, does not have significant
takings implications and does not affect any constitutionally protected
property rights. This rule 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
otherwise unavailable privileges and, therefore, reduce restrictions on
the use of private and public property.
Energy Effects--Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. While this proposed
rule is a significant regulatory action under Executive Order 12866, it
is not expected to adversely affect energy supplies, distribution, or
use. Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
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 regarding the hunting of migratory
birds, and we 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
process 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 13132,
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), Executive Order
13175, 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, 2003, 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 nontribal members may differ from those
established by States in which the reservations, off-reservation trust
lands, and ceded lands are located. The regulations will specify open
seasons, shooting hours, and bag and possession limits for rails, coot,
gallinules (including moorhen), woodcock, common snipe, band-tailed
pigeons, mourning doves, white-winged doves, ducks (including
mergansers), and geese.
[[Page 47439]]
The rules that eventually will be promulgated for the 2003-04
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: July 30, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-20290 Filed 8-7-03; 8:45 am]
BILLING CODE 4310-55-P