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Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Season
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 17, 2006 (Volume 71, Number 159)]
[Proposed Rules]
[Page 47461-47478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au06-11]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AU42
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 2006-07 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or
we) proposes special migratory bird hunting regulations for certain
Tribes on Federal Indian reservations, off-reservation trust lands, and
ceded lands for the 2006-07 migratory bird hunting season.
DATES: We will accept all comments on the proposed regulations that are
postmarked or received in our office by August 28, 2006.
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: Ron W. Kokel, Division of Migratory
Bird Management, U.S. Fish and Wildlife Service, (703) 358-1714.
SUPPLEMENTARY INFORMATION: In the April 11, 2006, Federal Register (71
FR 18562), we requested proposals from Indian Tribes wishing to
establish special migratory bird hunting regulations for the 2006-07
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 April 11,
2006, proposed rule. As described in that document/proposed 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 hunters on their reservations. The guidelines include
possibilities for:
(1) On-reservation hunting by both tribal and nontribal hunters,
with hunting by nontribal hunters 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 hunters 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 hunters 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
[[Page 47462]]
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 hunters 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
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, we 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 and Harvest
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
Despite a very warm winter, the quality of habitat for breeding
waterfowl in the U.S. and Canada is slightly better this year than last
year. Improvements in Canadian and U.S. prairie habitats were primarily
due to average to above-average precipitation, warm spring
temperatures, and carry-over effects from the good summer conditions of
2005. Improved habitat conditions were reflected in the higher number
of ponds counted in Prairie Canada this year compared to last year. The
2006 estimate of ponds in Prairie Canada was 4.4 ± 0.2
million ponds, a 13% increase from last year's estimate of 3.9 < plus-
minus> 0.2 million ponds and 32% above the 1955-2005 average. The
parkland and northern grassland regions of southern Manitoba and
Saskatchewan received abundant rain in March and April, which created
good to excellent habitat conditions. Higher water tables prevented
farm activities in wetland basins and excellent residual nesting cover
remained around the potholes. Many of the wetlands flooded beyond their
normal basins and into the surrounding uplands. Deeper water in
permanent and semi-permanent wetlands, coupled with increased amounts
of flooded emergent vegetation and woodland, likely benefited diving
ducks and overwater- and cavity-nesting species. However, spring
precipitation in the grasslands of southern Saskatchewan and
southwestern Manitoba was insufficient to fill seasonal and semi-
permanent wetlands or create temporary wetlands for waterfowl, leaving
these regions in fair or poor condition. Above-average precipitation in
the fall and spring in parts of southern Alberta improved conditions in
this historically important pintail breeding region. This region has
been dry since 1998, with the exception of 2003. However, central
Alberta remained dry.
Habitat conditions in the U.S. prairies were more variable than
those in the Canadian prairies. The 2006 pond estimate for the north-
central U.S. (1.6 ± 0.1 million) was similar to last year's
estimate and the long-term average. The total pond estimate (Prairie
Canada and U.S. combined) was 6.1 ± 0.2 million ponds. This
was 13 percent greater than last year's estimate of 5.4 ±
0.2 million and 26 percent higher than the long-term average of 4.8
± 0.1 million ponds. Habitat quality improved minimally in
the easternmost regions of North and South Dakota relative to 2005.
Small areas of the Eastern Dakotas were in good-to-excellent condition,
helped by warm April temperatures and spring rains that advanced
vegetation growth by about 2 weeks. However, most of the Drift Prairie,
the Missouri Coteau, and the Coteau Slope remained in fair to poor
condition due to lack of temporary and seasonal water and the
deteriorated condition of semi-permanent basins. Permanent wetlands and
dugouts were typically in various stages of recession. The Western
Dakotas were generally in fair condition. Most wetland and upland
habitats in Montana benefited modestly from average to above-average
fall and winter precipitation and improvements in nesting habitat last
year. Spring precipitation in Montana during March and April also
helped to mitigate several years of drought. A large portion of central
Montana was in good condition due to ample late winter and early spring
precipitation. Biologists also noted improvements in upland vegetation
over previous years. In this central region, most pond basins were
[[Page 47463]]
full and stream systems were flowing. However, nesting habitat was
largely fair to poor for most of the northern portion of Montana.
Habitat conditions in most northern regions of Canada were improved
over last year due to an early ice break-up, warm spring temperatures,
and good precipitation levels. In northern Saskatchewan, northern
Manitoba, and western Ontario, winter snowfall was sufficient to
recharge most beaver ponds and small lakes. Larger lakes and rivers
tended to have higher water levels than in recent years. Conditions in
the smaller wetlands were ideal. However, in northern Manitoba and
northern Saskatchewan, some lakes associated with major rivers were
flooded, with some flooded well into the surrounding upland vegetation.
The potential for habitat loss due to flooding caused biologists to
classify this region as good. In Alberta, water levels improved to the
north, except for the Athabasca Delta only, where wetlands, especially
seasonal wetlands, generally had low water levels. Most of the
Northwest Territories had good water levels. The exceptions were the
southern part of the Territory where recent heavy rains in May have
caused some flooding of nesting habitat, and a dry swath across the
central part of the province. In contrast to most of the survey region
and to the past few years, spring did not arrive early in Alaska this
year. Overall, a more normal spring phenology occurred throughout most
of Alaska and the Yukon Territory, with ice lingering in the following
regions: The outer coast of the Yukon Delta, the northern Seward
Peninsula, and on the Old Crow Flats. Some flooding occurred on a few
major rivers. Overall, good waterfowl production is anticipated this year
from the northwestern continental area if temperatures remain seasonable.
Spring-like conditions also arrived early in the East, with an
early ice break-up and relatively mild temperatures. Biologists
reported that habitat conditions were generally good across most of the
survey area. Most regions had a warm, dry winter and a dry start to
spring. Extreme southern Ontario was relatively dry during the survey
period and habitats were in fair to poor condition. However,
precipitation after survey completion improved habitat conditions in
this region. Abundant rain in May improved water levels in Maine, the
Maritimes, southern Ontario, and Quebec, but caused some flooding in
southern Ontario and Quebec and along the coast of Maine, New
Brunswick, and Nova Scotia. In Quebec, a very early spring assured good
habitat availability. Despite the early spring and the abundance of
spring precipitation, a dry winter still left most of the marshes and
rivers drier than in past years. Many bogs were noticeably drier than
past years or dry entirely in a few cases. Winter precipitation
increased to the west and north, resulting in generally good levels in
central and northern Ontario. Conditions were good to excellent in
central and northern Ontario due to the early spring phenology,
generally good water levels, and warm spring temperatures.
Status of Teal
The estimate of blue-winged teal numbers from the Traditional
Survey Area is 5.9 million. This represents a 28 percent increase from
2005 and is 30 percent above the 1955-2005 average. By the criteria
developed for the teal season harvest strategy, this population size
estimate indicates that a 16-day September teal season is appropriate
in 2006.
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 2006,
uncorrected for visibility bias, was 183,000. The photo-corrected 3-
year average for 2003-05 was 422,133, which is within the established
population-objective range of 349,000-472,000 cranes. All Central
Flyway States, except Nebraska, allowed crane hunting in portions of
their respective States during 2005-06. About 9,950 hunters
participated in these seasons, which was 8 percent higher than the
number that participated in the 2004-2005 season. Hunters harvested
18,575 cranes in the U.S. portion of the Central Flyway during the
2005-06 seasons, which was 28 percent higher than the estimated harvest
for the previous year. The retrieved harvest of cranes in hunt areas
for the Rocky Mountain Population of Sandhill Cranes Arizona, New
Mexico, Alaska, Canada, and Mexico combined was estimated at 13,587
during 2005-06. The preliminary estimate for the North American sport
harvest, including crippling losses, was 36,674, which is 11 percent
higher than the previous year's estimate of 33,182. The long-term
(1982-2004) trends indicate that harvests have been increasing at a
higher rate than population growth.
The fall 2005 pre-migration survey estimate for the Rocky Mountain
Population of Greater sandhill Cranes was 20,865, which was 13 percent
higher than the previous year's estimate of 18,510. The 3-year average
for 2003-05 is 19,633, which is within established population
objectives of 17,000-21,000. Hunting seasons during 2005-06 in portions
of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming resulted in a
harvest of 702 cranes, an 18 percent increase from the harvest of 594
the year before.
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 2006 indicate that the number of
displaying woodcock in the Eastern Region in 2006 was unchanged from
2005; however, the Central Region experienced an 8 percent decline.
There was no significant trend in woodcock heard in either the Eastern
or Central Regions during 1996-2006. This represents the third
consecutive year since 1992 that the 10-year trend estimate for either
region did not indicate a significant decline. There were long-term
(1968-2006) declines of 1.9 percent per year in the Eastern Region and
1.8 percent per year in the Central Region. Wing-collection survey data
indicate that the 2005 recruitment index for the U.S. portion of the
Eastern Region (1.6 immatures per adult female) was 17 percent lower
than the 2004 index, and 1 percent lower than the long-term average.
The recruitment index for the U.S. portion of the Central Region (1.5
immatures per adult female) was 9 percent higher than the 2004 index,
but was 9 percent below the long-term average.
Band-Tailed Pigeons and Doves
Analyses of Breeding Bird Survey (BBS) data over the most recent 10
years and from 1968-2005 showed no significant long-term trend in
either time period for the Pacific Coast population of band-tailed
pigeons. A rangewide mineral site survey conducted in British Columbia,
Washington, Oregon, and California showed an increase in pigeons
between 2001 and 2005 of over 10 percent per year. The preliminary 2005
harvest estimate from the Harvest Information Program (HIP) was 13,500.
For the Interior band-tailed pigeon population, BBS analyses indicated
no trend over either time period. The preliminary 2005 harvest estimate
was 2,700.
Analyses of Mourning Dove Call-count Survey data over the most
recent 10 years indicated no significant trend for doves heard in
either the Eastern or Western Management Units while the Central Unit
showed a significant decline. Over the 41-year period, 1966-
[[Page 47464]]
2006, 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 41 years, no trend was found for doves seen in the Eastern
and Central Units while a significant decline was indicated for the
Western Unit. The preliminary 2005 harvest estimate for the United
States was 22,149,900 doves. A banding project is under-way to obtain
current information in order to develop mourning dove population models
for each unit to provide guidance for improving our decision-making
process with respect to harvest management.
The two key States with a white-winged dove population are Arizona
and Texas. California and New Mexico have much smaller populations. In
Arizona, the white-winged dove population showed a significant decline
between 1962 and 2005. However, the number of whitewings has been
fairly stable since the 1970s, but then showed an apparent decline
since 2000. To adjust harvest with population size, the bag limits,
season length, and shooting hours have been reduced over the years,
most recently in 1988. In recent years, the decline is thought to be
largely due to drought conditions in the State, along with declining
production of cereal grains. Arizona is currently experiencing the
greatest drought in recorded history. In 2006, the Call-count index was
24.7. According to HIP surveys, the 2005 harvest estimate was 110,100.
In Texas, white-winged doves are now found throughout most of the
State. A comprehensive dataset for 2006 was not available at this time.
However, in 2005, the whitewing population in Texas was estimated to be
2.8 million. The preliminary 2005 HIP harvest estimate was 1,095,100.
In California, BBS data indicates that there has been a significant
increase in the population between 1968 and 2005, while no trend was
indicated over the most recent 10 years. According to HIP surveys, the
preliminary harvest estimate for 2005 was 63,600. The long-term trend
for whitewings in New Mexico also shows an increase, while there was no
trend indicated over 10 years. In 2005, the estimated harvest was 52,100.
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. New
surveys were initiated in 2001. No 2006 data were available at the time
of this report. However, data from 1987-2005 indicate an apparent
slight increase over that time period. The count in 2005 averaged 0.95
birds per stop compared to 0.91 in 2004. The estimated harvest in 2005
from State surveys during the special 4-day whitewing season was about
1,300.
Hunting Season Proposals From Indian Tribes and Organizations
For the 2006-07 hunting season, we received requests from 26 Tribes
and Indian organizations and communications from an additional 2 Tribes
from whom we expect to receive proposals. 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 2006 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 the Federal Register in September 2006 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 the 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 28, 2006 (71 FR 43008); 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 26 Tribes that have submitted
proposals that meet the established criteria and an additional 2 Tribes
from whom we expect to receive proposals are shown below.
(a) 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 2006-07 proposal, the Colorado River Indian Tribes
requested split dove seasons. They propose their early season begin
September 1 and end September 15, 2006. Daily bag limits would be 10
mourning or white-winged doves in the aggregate. The late season for
doves is proposed to open November 11, 2006, and close December 25,
2006. 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 open
October 14, 2006, and run until January 28, 2007. 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, three scaup, and two
cinnamon teal. The seasons on canvasback and pintail are closed. The
possession limit would be twice the daily bag limit after the first day
of the season. 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 21, 2006, through January 28, 2007. The daily bag limit for
geese would be three light geese and three dark geese. The possession
limit would be six light geese and six dark geese after opening day.
[[Page 47465]]
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. Other special tribally set
regulations would apply. 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 2006-07 hunting season.
(b) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Tribal and 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 hunters would be
at least as restrictive as those established for the Pacific Flyway
portion of Montana. Goose season dates would also be at least as
restrictive as those established for the Pacific Flyway portion of
Montana. 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.
For tribal members the Tribe proposes outside frameworks for ducks
and geese of September 1, 2006, through March 9, 2007. Daily bag and
possession limits were not proposed for tribal members.
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 2006-07 hunting season.
(c) 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.
We have not yet received the Tribe's 2006 proposal. We assume the
Tribe will request a duck and merganser season of October 1 to December
12, 2006, with a daily bag limit of six ducks, including no more than
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. We assume the pintail and canvasback season would
run from October 1 to November 9, 2006, with a daily bag limit of one
pintail and one canvasback.
For Canada geese, we assume the Tribe will propose an October 15,
2006, to January 17, 2007, season with a three-bird daily bag limit.
For white-fronted geese, we assume the Tribe will propose a September
24 to December 18, 2006, season with a daily bag limit of two. For snow
geese, we assume the Tribe will propose a September 24, 2006, to
December 29, 2006, season with a daily bag limit of 20.
Similar to the last several years, we assume the Tribe will also
request a sandhill crane season from September 10 to October 16, 2006,
with a daily bag limit of three. We assume the Tribe will propose a
mourning dove season from September 1 to October 30, 2006, 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.
We assume the season and bag limits would be essentially the same
as last year and as such, the Tribe would expect 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.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Crow Creek Sioux Tribe upon receipt of
their special migratory bird hunting proposal. We also remind the Tribe
that all sandhill crane hunters are required to obtain a Federal
sandhill crane permit. As such, the Tribe should contact us for further
information on obtaining the needed permits. In addition, as with all
other groups, we request the Tribe continue to survey and report harvest.
(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet,
Minnesota (Tribal Members Only)
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, 2006,
proposal 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 2006-07 is essentially the same as that
approved last year. Specifically, the Fond du Lac Band proposes a
September 15 to December 3, 2006, season on ducks, mergansers, coots,
and moorhens, and a September 1 to December 3, 2006, season for geese.
For sora and Virginia rails, snipe, and woodcock, the Fond du Lac Band
proposes a September 1 to December 3, 2006, season. The band proposes a
September 1 to October 30, 2006, season for mourning doves. 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, 6 scaup, 4 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.
Mourning dove: 30 mourning dove.
The following general conditions apply:
1. While hunting waterfowl, a tribal member must carry on his/her
person a valid Ceded Territory License.
2. Shooting hours for migratory birds are one-half hour before
sunrise to one-half hour after sunset.
[[Page 47466]]
3. 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.
4. Band members in each zone will comply with State regulations
providing for closed and restricted waterfowl hunting areas.
5. 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.
(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan (Tribal Members Only)
In the 1995-96 migratory bird seasons, the Grand Traverse Band of
Ottawa and Chippewa Indians and the Service first cooperated to
establish special regulations for waterfowl. The Grand Traverse Band is
a self-governing, federally recognized Tribe located on the west arm of
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse
Band is a signatory Tribe of the Treaty of 1836. We have approved
special regulations for tribal members of the 1836 treaty's signatory
Tribes on ceded lands in Michigan since the 1986-87 hunting season.
For the 2006-07 season, the Tribe requests that the tribal member
duck season run from September 22, 2006, through January 21, 2007. 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 and snow geese, the Tribe proposes a September 1 through
November 30, 2006, and a January 1 through February 8, 2007, season.
For white-fronted geese and brant, the Tribe proposes a September 20
through November 30, 2006, 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 through November 14,
2006, season. The daily bag limit will not exceed five birds. For
mourning doves, snipe and rails, the Tribe proposes a September 1 through
November 14, 2006, 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 2005-06
hunting season indicated that approximately 15 tribal hunters harvested
an estimated 80 ducks and 35 Canada geese.
We propose to approve the Grand Traverse Band of Ottawa and Chippewa
Indians requested 2006-07 special migratory bird hunting regulations.
(f) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin
(Tribal Members Only)
Since 1985, various bands of the Lake Superior Tribe of Chippewa
Indians have exercised judicially recognized off-reservation hunting
rights for migratory birds in Wisconsin. The specific regulations were
established by the Service in consultation with the Wisconsin
Department of Natural Resources and the Great Lakes Indian Fish and
Wildlife Commission (GLIFWC, which represents the various bands).
Beginning in 1986, a tribal season on ceded lands in the western
portion of the State's Upper Peninsula was developed in coordination
with the Michigan Department of Natural Resources, and we have approved
special regulations for tribal members in both Michigan and Wisconsin
since the 1986-87 hunting season. In 1987, the GLIFWC requested, and we
approved, special regulations to permit tribal members to hunt on ceded
lands in Minnesota, as well as in Michigan and Wisconsin. The States of
Michigan and Wisconsin originally concurred with the regulations,
although Wisconsin has raised concerns in the past and Michigan now
annually raises objections. Minnesota did not concur with the original
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 all of the States' concerns, 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.
For 2006, the GLIFWC proposed off-reservation special migratory
bird hunting regulations on behalf of the member Tribes of the Voigt
Intertribal Task Force of the GLIFWC (for the 1837 and 1842 Treaty
areas) and the Bay Mills Indian Community (for the 1836 Treaty area).
Member Tribes of the Task Force are: The Bad River Band of 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; and the Lac Vieux Desert Band of
Chippewa Indians and the Keweenaw Bay Indian Community in Michigan.
The GLIFWC 2006 proposal is generally similar to last year's
regulations, except that it includes significantly increased bag limits
for most species in the 1837 and 1842 Treaty Areas, and it proposes to
remove the restriction on waterfowl baiting. More specifically, the
proposal includes increasing the daily bag limit for ducks, geese, and
mergansers in the 1837 and 1842 Treaty Areas to 40, 20, and 10 birds,
respectively (from 20, 10, and 5 birds in 2005, respectively), and
increasing the daily bag limit for coots and common moorhens to 40
(from 20 in 2005) in the same areas. The proposal also calls for
increasing the daily bag limit for snipe, woodcock, and mourning doves
to 16, 10, and 30 birds, respectively (from 8, 5, and 15 birds in
[[Page 47467]]
2005, respectively), in the 1837 and 1842 Treaty Areas. Lastly, the
proposal does reduce the daily bag limit for rails from 25 to 20 birds.
Regarding baiting, in an effort to increase hunter participation, the
GLIFWC proposal would remove the restrictions on the baiting of
waterfowl in the 1837 and 1842 Treaty Areas.
Under the GLIFWC proposed regulations, GLIFWC expects harvest to
increase with their proposed more liberal bag limits and removal of the
restrictions on baiting in the 1837 and 1842 Treaty Areas. The GLIFWC
states that although it is expected these proposed changes will
increase harvest, it is difficult to anticipate to what degree that may
occur, as harvest will continue to be limited by the number of hunters,
their opportunity to hunt, their personal interest in baiting, the
strength of the fall flight, weather conditions, and other factors.
Given these factors, the Tribe expects harvest would likely remain
below 5,000 ducks and 1,000 geese.
The issue of baiting for migratory game bird hunting is highly
controversial, highly debated, and complex regulations govern and
define what is and what is not allowed when hunting migratory game
birds. Baiting, the luring or attracting of migratory game birds to
hunters by placing or scattering salt, grain, or other feed was
Federally prohibited in 1935 because of its effectiveness in aiding the
harvest of migratory birds and is not considered a legitimate component
of hunting. Since their establishment, baiting regulations have been a
focal point of many regulatory, ethical, and conservation-oriented
discussions. Amendments to baiting regulations have occurred relatively
infrequently since the 1940s. However, in 1999, the migratory bird
baiting regulations were revised to clarify the current regulations and
to provide a framework for sound migratory bird habitat management,
normal agricultural activities, and other management practices as they
relate to lawful migratory game bird hunting (Federal Register 64 FR 29799).
Given the fact that tribal waterfowl hunting covered by this
proposal would occur on ceded lands that are not in the ownership of
the Tribes, we believe the use of bait to take waterfowl would lead to
confusion and frustration on the part of the public, hunters, wildlife-
management agencies, and law enforcement officials due to the inherent
difficulties of different sets of baiting regulations for different
areas and groups of hunters. Currently, the baiting regulations
differentiate between waterfowl species and other migratory game birds,
such as doves and pigeons. Some agricultural management practices that
are allowed in connection with dove hunting are not allowed when
hunting waterfowl. To create an additional division between tribal
members on ceded lands and the rest of the general hunting public would
only further complicate the regulations and confuse the public.
Moreover, the allowance of baiting for tribal hunting on ceded lands
would make those lands and other adjacent areas off-limits to waterfowl
hunting.
Recent GLIFWC harvest surveys (1996-98, 2001, and 2004) indicate
that tribal off-reservation waterfowl harvest has averaged less than
1,000 ducks and 120 geese annually. In the latest survey year (2004),
an estimated 53 hunters took an estimated 421 trips and harvested 645
ducks (1.5 ducks per trip) and 84 geese (0.2 geese per trip). Further,
in the last five years of harvest surveys, only one hunter reported
harvesting 20 ducks in a single day. Analysis of hunter survey data
over the period in question (1996-2004) indicates a general downward
trend in both harvest and hunter participation.
Given the above information, we believe that the regulations
advanced by the GLIFWC for the 2006-07 hunting season are not in the
best interests of the Service, the GLIFWC, the general public, or the
migratory bird resource. While we acknowledge that tribal harvest and
participation has declined in recent years, we are not of the opinion
that allowing baiting is the best way to increase Tribal hunter
participation. As we stated above, removing the present restrictions on
waterfowl baiting would only lead to confusion and frustration on the
part of the public, hunters, wildlife-management agencies, and law
enforcement officials due to the inherent difficulties of different
sets of baiting regulations for different areas and groups of hunters,
especially on ceded lands that are not in the ownership of the Tribes.
Furthermore, we do not support the GLIFWC's proposal for
significantly increased daily bag limits for most species in the 1837
and 1842 Treaty Areas. Based on the GLIFWC's own harvest data, present
daily bag limits do not appear to be a hindrance or limiting factor for
Tribal harvest. Until we are presented information otherwise, we cannot
support increasing daily bag limits for waterfowl, coots and common
moorhens, and mourning doves to the extent GLIFWC has proposed. We do,
however, support the proposals for increasing the daily bag limits for
mergansers, snipe, and woodcock in the 1837 and 1842 Treaty Areas to
bring them more in line with current GLIFWC daily bag limits for ducks
and geese. In addition, the Service is willing to meet with the GLIFWC
to explore possible ways to increase tribal participation in migratory
bird hunting opportunities. Finally, we continue to request that the
GLIFWC closely monitor the member bands' 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 proposed 2006-07 waterfowl hunting season regulations for
GLIFWC are as follows:
Ducks
A. Wisconsin and Minnesota 1837 and 1842 Treaty Areas:
Season Dates: Begin September 15 and end December 1, 2006.
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 Treaty Area:
Season Dates: Begin September 15 and end December 1, 2006.
Daily Bag Limit: 10 ducks, including no more than 5 mallards (only
2 of which may be hens), 2 black ducks, 2 redheads, 2 pintails, and 1
canvasback.
Mergansers
A. Wisconsin and Minnesota 1837 and 1842 Treaty Areas:
Season Dates: Begin September 15 and end December 1, 2006.
Daily Bag Limit: 10 mergansers.
B. Michigan 1836 Treaty Area:
Season Dates: Begin September 15 and end December 1, 2006.
Daily Bag Limit: Five mergansers.
Geese: All Ceded Areas:
Season Dates: Begin September 1 and end December 1, 2006. 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.
[[Page 47468]]
Other Migratory Birds
A. Coots and Common Moorhens (Common Gallinules):
Season Dates: Begin September 15 and end December 1, 2006.
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, 2006.
Daily Bag Limit: 20 sora and Virginia rails, singly or in the aggregate.
Possession Limit: 25.
C. Common Snipe:
Season Dates: Begin September 15 and end December 1, 2006.
Daily Bag Limit: 16 common snipe in the 1837 and 1842 Treaty Areas;
and 8, in the 1836 Treaty Area.
D. Woodcock:
Season Dates: Begin September 5 and end December 1, 2006.
Daily Bag Limit: 10 woodcock in the 1837 and 1842 Treaty Areas; and
5, in the 1836 Treaty Area.
E. Mourning Dove: 1837 and 1842 Ceded Territories.
Season Dates: Begin September 1 and end October 30, 2006.
Daily Bag Limit: 15.
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 Lac Courte Oreilles v. State of Wisconsin (Voigt) and Mille Lacs
Band v. State of Minnesota cases. Chapter 10 in each of these model
codes regulates ceded territory migratory bird hunting. Both versions
of Chapter 10 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 29799, June 3, 1999.
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.
(g) 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 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 2006-07 waterfowl and Canada goose season
beginning with the earliest possible opening date in the Pacific Flyway
States, October 7, 2006, and a closing date of November 30, 2006. Daily
bag and possession limits for waterfowl would be the same as Pacific
Flyway States. The Tribe proposes a daily bay limit for Canada geese of
two. Other regulations specific to the Pacific Flyway guidelines for
New Mexico would be in effect.
During the Jicarilla Game and Fish Department's 2005-06 season,
estimated duck harvest was 606, which is within the historical harvest
range. The species composition in the past has included mainly
mallards, gadwall, wigeon, and teal. Northern pintail comprised 1
percent of the total harvest in 2004. The estimated harvest of geese
was 12 birds.
The proposed regulations are essentially the same as were
established last year. The Tribe anticipates the maximum 2006-07
waterfowl harvest would be around 500-750 ducks and 10-25 geese.
We propose to approve the Tribe's requested 2006-07 hunting seasons.
(h) 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 and 800 acres of reservation land with a
guide for waterfowl hunting. 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 2006-07 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 hunters, the Tribe requests that the season for ducks
begin September 23, 2006, and end January 31, 2007. 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 1
to September 17, 2006, and from October 1, 2006, to January 31, 2007.
Total number of days would not exceed 107. Nontribal hunters should
obtain further information on specific hunt days from the Tribe. Daily
bag and possession
[[Page 47469]]
limits would be the same as those for the State of Washington.
The Tribe reports a 2005-06 nontribal harvest of 80 ducks and 0
geese. Under the proposal, the Tribe expects harvest to be similar to
last year and less than 100 geese and 200 ducks.
All other State and Federal regulations contained in 50 CFR part
20, such as use of nontoxic 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, 2006, through
January 31, 2007. 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 2004-05 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. All
seasons for nontribal hunters must conform with the 107-day maximum
season length established by the Treaty.
(i) Klamath Tribe, Chiloquin, Oregon (Tribal Members Only)
The Klamath Tribe currently has no reservation, per se. However,
the Klamath Tribe has reserved hunting, fishing, and gathering rights
within its former reservation boundary. This area of former
reservation, granted to the Klamaths by the Treaty of 1864, is over 1
million acres. Tribal natural resource management authority is derived
from the Treaty of 1864, and carried out cooperatively under the
judicially enforced Consent Decree of 1981. The parties to this Consent
Decree are the Federal Government, the State of Oregon, and the
Klamaths. The Klamath Indian Game Commission sets the seasons. The
tribal biological staff and tribal Regulatory Enforcement Officers
monitor tribal harvest by frequent bag checks and hunter interviews.
For the 2006-07 season, the Tribe requests proposed season dates of
October 1, 2006, through January 28, 2007. 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 2006-07 special
migratory bird hunting regulations.
(j) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members Only)
The Leech Lake Band of Ojibwe is a federally recognized Tribe
located in Cass Lake, Minnesota. The reservation employs conservation
officers to enforce conservation regulations. The Service and the Tribe
have cooperatively established migratory bird hunting regulations since
2000.
For the 2006-07 season, the Tribe requests a duck season starting
on September 23 and ending December 31, 2006, and a goose season to run
from September 1 through December 31, 2006. Daily bag limits for both
ducks and geese would be 20. 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 500-1,000 birds.
We propose to approve the Leech Lake Band of Ojibwe's special
migratory bird hunting season.
(k) 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 2006-07 season, the Little River Band of Ottawa Indians
proposes a duck and merganser season from September 15, 2006, through
January 20, 2007. A daily bag limit of 12 ducks would include no more
than 2 pintail, 2 canvasback, 3 black duck, 3 wood ducks, 3 redheads, 6
mallards (only 3 of which may be a hen), and 1 hooded merganser.
Possession limits would be twice the daily bag limit.
For white-fronted geese, snow geese, and brant, the Tribe proposes
a September 20 through November 30, 2006, season. Daily bag limits
would be five geese.
For Canada geese only, the Tribe proposes a September 1, 2006,
through February 8, 2007, season with a daily bag limit of five Canada
geese. The possession limit would be twice the daily bag limit.
For snipe, woodcock, rails, and mourning doves, the Tribe proposes
a September 1 to November 14, 2006, season. The daily bag limit would
be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning doves.
Possession limits for all species would be twice the daily bag limit.
The Tribe monitored harvest through mail surveys. General
Conditions were as follows:
A. All tribal members will be required to obtain a valid tribal
resource card and 2006-07 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.
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 special
migratory bird hunting seasons.
(l) 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 2006-07 season, the Little Traverse Bay Bands of Odawa
Indians propose regulations similar to those of other Tribes in the
1836 treaty area. The
[[Page 47470]]
tribal member duck, merganser, coot, and gallinule season would run
from September 15, 2006, through January 20, 2007. 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, 2006, through
February 8, 2007, season. For white-fronted geese, brant, and snow
geese, the Tribe proposes a September 1 through November 30, 2006,
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, 2006, to November
14, 2006, 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, 2006, 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 2006-07 special migratory bird hunting regulations.
(m) 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 2006-07 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 2006-07 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 regulatory alternative in the High Plains Management
Unit for this season. The Tribe proposes a season from October 14,
2006, through January 19, 2007. For pintail only, the tribe proposes a
season from October 21, 2006, through November 28, 2006. The daily bag
limit would be six birds, including no more than five mallards (only
one of which may be a hen), one pintail (only when the season is open),
two redheads, two wood ducks, three scaup, and one mottled duck. The
canvasback season for nontribal hunters 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 23-24, 2006, with the daily bag and
possession limits the same as above.
The Tribe's proposed nontribal member Canada goose season would run
from October 28, 2006, through January 31, 2007 (95 day season length),
with a daily bag limit of three Canada geese. The Tribe's proposed
nontribal member white-fronted goose season would run from October 7,
2006, through December 31, 2006, with a daily bag limit of two white-
fronted geese. The Tribe's proposed nontribal member light goose season
would run from October 14, 2006, through January 16, 2007, and February
25 through March 10, 2007. 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 September 30, 2006, through March 10,
2007. 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 23-24, 2006, with the
daily bag and possession limits the same as above.
The Tribe's proposed Canada goose season for tribal members would
run from October 14, 2006, through March 10, 2007, with a daily bag
limit of three Canada geese. The Tribe's proposed white-fronted goose
tribal season would run from October 7, 2006, through March 10, 2007,
with a daily bag limit of two white-fronted geese. The Tribe's proposed
light goose tribal season would run from October 14, 2006, through
March 10, 2007. The light goose daily bag limit would be 20. Possession
limits would be twice the daily bag limits.
In the 2005-06 season, hunters harvested an estimated 760 geese and
96 ducks. In the 2005-06 season, duck harvest species composition was
primarily mallard (82 percent), green-winged teal (9 percent), gadwall
(2 percent), blue-winged teal (7 percent), and wood duck (1 percent).
Goose harvest species composition in 2005-06 at Mni Sho Sho was
approximately 83 percent Canada geese, 15 percent snow geese, and 2
percent white-fronted geese. Harvest of geese harvested by other hunters
was approximately 96 percent Canada geese and 4 percent snow geese.
The Tribe anticipates a duck harvest similar to those of the
previous three years 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.
(n) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members
Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which Lower Elwha was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes are now acting
independently and the Lower Elwha Klallam Tribe would like to establish
migratory bird hunting regulations for tribal members for the 2005-2006
season. The Tribe has a reservation on the Olympic Peninsula in
Washington State and is a successor to the signatories of the Treaty of
Point No Point of 1855.
[[Page 47471]]
For the 2006-07 season, we have not yet heard from the Tribe. We
assume the Lower Elwha Klallam Tribe will request a duck and coot
season from September 15, 2006, to December 30, 2006. The daily bag
limit will be seven ducks including no more than two hen mallards, one
pintail, one canvasback, and two redheads. The daily bag and possession
limit on harlequin duck will be one per season. The coot daily bag
limit will be 25. The possession limit will be twice the daily bag
limit, except as noted above.
For geese, we assume the Tribe will request a season from September
15, 2006, to December 30, 2006. The daily bag limit will be four,
including no more than three light geese. The season on Aleutian Canada
geese will be closed.
For Brant, we assume the Tribe will propose a season from November
1, 2006, to February 15, 2007, with a daily bag limit of two. The
possession limit will be twice the daily bag limit.
For mourning doves, band-tailed pigeon, and snipe, we assume the
Tribe will request a season from September 15, 2006, to December 30,
2006, with a daily bag limit of 10, 2, and 8, respectively. The
possession limit will be twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Lower Elwha Klallam Tribe
pursuant to tribal law. Hunting hours would be from one-half hour
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer,
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is
unlawful to use or possess lead shot while hunting waterfowl.
The Tribe typically anticipates harvest to be fewer than 100 birds.
Tribal reservation police and Tribal Fisheries enforcement officers
have the authority to enforce these migratory bird hunting regulations.
The Service proposes to approve the request for special migratory
bird hunting regulations for the Lower Elwha Klallam Tribe's upon
receipt of their special migratory bird hunting proposal.
(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 23, 2006, to January 21, 2007. The daily bag limit is seven
ducks, including no more than one canvasback, one pintail, 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 23,
2006, and close January 21, 2007. The daily bag limit for geese is four
and one brant. 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, 2006, and close October 31, 2006. 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
during the proposed season. The Tribe expects fewer than 50 total
waterfowl to be harvested during the 2006-07 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 2006-07
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.
For the 2006-07 season, the Navajo Nation requests special
migratory bird hunting regulations on the reservation for both tribal
and nontribal hunters for the 2006-07 hunting season for ducks
(including mergansers), Canada geese, coots, band-tailed pigeons, and
mourning doves. For ducks, mergansers, Canada geese, and coots, the
Tribe requests the earliest opening dates and longest seasons, and the
same daily bag and possession limits allowed to Pacific Flyway States
under final Federal frameworks.
For both mourning dove and band-tailed pigeons, the Navajo Nation
proposes seasons of September 1 through September 30, 2006, with daily
bag limits of 10 and 5, 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), which
must be signed in ink across the face. Special regulations established
by the Navajo Nation also apply on the reservation.
The Tribe usually anticipates a total harvest of fewer than 500
mourning doves; 20 band-tailed pigeons; 1,000 ducks, coots, and
mergansers; and 1,000 Canada geese for the 2006-07 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 special migratory bird season.
(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
[[Page 47472]]
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 the Tribe's 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 31, 2006, letter, the Tribe proposed special migratory
bird hunting regulations. For ducks, the Tribe described the general
outside dates as being September 23 through December 3, 2006, with a
closed segment of November 18 to 26, 2006. The Tribe proposes a daily
bag limit of six birds, which could include no more than six mallards
(three hen mallards), six wood duck, one redhead, two pintail, and one
hooded merganser.
For geese, the Tribe requests a season between September 1 and
December 31, 2006, 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 18 to 26,
2006. If a quota of 300 geese is attained before the season concludes,
the Tribe will recommend closing the season early.
For woodcock, the Tribe proposes a season between September 1 and
November 17, 2006, 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 12, 2006, 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 hunters 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 hunters hunting on the Reservation
or on lands under the jurisdiction of the Tribe must 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 sunrise
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) 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 2006-07 hunting season, provided the duck and goose hunting
season dates are the same as on the reservation.
In a proposal for the 2006-07 hunting season, the Shoshone-Bannock
Tribes requested a continuous duck (including mergansers) season, with
the maximum number of days and the same daily bag and possession limits
permitted 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 7, 2006,
and a closing date of January 19, 2007. 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 is permitted as in previous years,
the season would have an opening date of October 7, 2006, and a closing
date of January 19, 2007. 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 7, 2006, and a closing date of January
19, 2007.
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 2006-07 hunting season.
(s) Skokomish Tribe, Shelton, Washington (Tribal Members Only)
Since 1996, the Service and the Point No Point Treaty Tribes, of
which Lower Elwha was one, have cooperated to establish special
regulations for migratory bird hunting. The Tribes are now acting
independently, and the Skokomish Tribe would like to establish
migratory bird hunting regulations for tribal members for the 2005-2006
season. The Tribe has a reservation on the Olympic Peninsula in
Washington State and is a successor to the signatories of the Treaty of
Point No Point of 1855.
The Skokomish Tribe requests a duck and coot season from September
16, 2006, to December 31, 2006. The daily bag limit is seven ducks,
including no more than two hen mallards, one pintail, one canvasback,
and two redheads. The daily bag and possession limit on harlequin duck
is one per season. The coot daily bag limit is 25. The possession limit
is twice the daily bag limit except as noted above.
For geese, the Tribe requests a season from September 16, 2006, to
December 31, 2006. The daily bag limit is four, including no more than
three light geese. The season on Aleutian Canada geese is closed. For
Brant, the Tribe proposes a season from November 1, 2006, to February
15, 2007, with a daily bag limit of two. The possession limit is twice
the daily bag limit.
For mourning doves, band-tailed pigeon, and snipe, the Tribe
requests a season from September 16, 2006, to December 31, 2006, with a
daily bag limit of 10, 2, and 8, respectively. The possession limit is
twice the daily bag limit.
All Tribal hunters authorized to hunt migratory birds are required
to obtain a tribal hunting permit from the Skokomish Tribe pursuant to
tribal law. Hunting hours would be from one-half hour before sunrise to
sunset. Only steel, tungsten-iron, tungsten-polymer,
[[Page 47473]]
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is
unlawful to use or possess lead shot while hunting waterfowl.
The Tribe anticipates harvest to be fewer than 150 birds. The
Skokomish Public Safety Office enforcement officers have the authority
to enforce these migratory bird hunting regulations.
We propose to approve the Skokomish Tribe's requested migratory
bird 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 2006-07 season, the Tribe requests to establish duck and
coot seasons that would run from September 1, 2006, through January 15,
2007. 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, 2006, and end on January 15, 2007. The daily bag
limit for snipe is eight. For band-tailed pigeon, the Tribe proposes
the season start on September 1, 2006, and end on December 31, 2006.
The daily bag limit is five. The possession limit is twice the daily
bag limit.
The Tribe proposes a season on geese starting September 15, 2006,
and ending on January 15, 2007. The daily bag limit for geese is four,
including no more than two snow geese. The season on Aleutian and
Cackling Canada geese is closed. For Brant, the Tribe proposes the
season start on September 1, 2006, and end on December 31, 2006. The
daily bag limit for brant is two. The possession limit is twice the
daily bag limit.
We propose to approve the Squaxin Island Tribe's requested 2006-07
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, and Port Susan
to the border of the Tulalip Tribes 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) and goose
seasons run from October 1, 2006, to February 15, 2007. 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. For geese, the daily bag
limit is six. Possession limits are totals of two daily bag limits.
The Tribe proposes that coot, brant, and snipe seasons run from
October 1, 2006, to January 31, 2007. The daily bag limit for coot is
25. 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 nontoxic 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 2006-07 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 Tribe 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 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, 2007. 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 2006-07 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.
For the 2006-07 season, the Tribe proposes tribal and nontribal
hunting regulations for the 2006-07 season. Migratory waterfowl hunting
by Tulalip Tribal members is authorized by Tulalip Tribal Ordinance No.
67. For ducks, mergansers, coot, and snipe, the
[[Page 47474]]
proposed season for tribal members would be from September 15, 2006,
through February 28, 2007. 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. For coot, daily bag and possession limits are 25
and 25, respectively, and for snipe 8 and 18, respectively. Nontribal
hunters 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 propose a season from September 15, 2006,
through February 28, 2007. 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. Each nontribal hunter 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. Each hunter must validate stamps by signing across the face.
Although the season length requested by the Tulalip Tribes appears
to be quite liberal, harvest information indicates a total take by
tribal and nontribal hunters under 1,000 ducks and 500 geese annually.
We propose approval of the Tulalip Tribe's request to have a
special season. 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 2006-07 season, the Tribe requests a duck season starting
November 1, 2006, and ending February 8, 2007. 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, 2006, to
February 8, 2007, 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, 2006, with a daily bag limit of 12 and possession limit of 15.
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 20, except
shooting hours would be fifteen minutes before official sunrise to
fifteen minutes 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 2006-07 season the Tribe proposes a duck season of November
1, 2006, through February 28, 2007. The Tribe proposes a daily bag
limit of six birds, which could include no more than two hen mallards,
six drake 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, one pintail, and four of all
other species not listed. The season for harlequins would be closed.
The Tribe proposes a teal (green-winged and blue) season of October 16,
2006, through January 29, 2007. 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 16,
2006, and March 1, 2007, with a daily bag limit 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 11 to
September 25, 2006, and November 1, 2006, through February 28, 2007,
with a daily bag limit of 5 Canada geese during the first period, 3
Canada geese during the second period, and a daily bag limit of 15 snow
geese.
For woodcock, the Tribe proposes a season between October 16 and
December 1, 2006, with a daily bag limit of three.
The Tribe currently has 22 registered tribal hunters and estimates
harvest to be no more than 15 geese, 25 mallards, 25 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 Harvest Information 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
[[Page 47475]]
first cooperated to establish special tribal regulations in 1999.
For the 2006-07 migratory bird hunting season, the White Earth Band
of Ojibwe requests a duck and merganser season to start September 16
and end December 17, 2006. For ducks, they request a daily bag limit of
10, including no more than 2 mallards and 1 canvasback. The merganser
daily bag limit would be five with no more than two hooded mergansers.
For geese, the Tribe proposes an early season from September 1 through
September 29, 2006, and a late season from September 30, 2006, through
December 17, 2006. The early season daily bag limit is eight geese and
the late season daily bag limit is five geese.
For coots, dove, rail, woodcock, and snipe, the Tribe proposes a
September 2 through November 30, 2006, 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 request to
have a special season.
(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 2006-07 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 2006-07 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 14, 2006, and a closing date of January 28,
2007. The Tribe proposes a separate canvasback season, with an opening
date of October 14, 2006, and a closing date of December 10, 2006. The
Tribe proposes a daily duck (including mergansers) bag limit of seven,
which may include no more than two redheads, one pintail, one
canvasback (when open), and seven mallards (including no more than two
hen mallard). 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 14, 2006, through January 28, 2007.
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 1 through September 15, 2006, 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 2006-07 season.
(bb) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)
On May 17, 2006, the Yankton Sioux Tribe submitted a waterfowl
hunting proposal for the 2006-07 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, 2006, 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; otherwise, the canvasback season would
start October 9, 2006, and run for the maximum amount of days allowed
under the final Federal frameworks. Daily bag and possession limits
would be 6 ducks, which may include no more than 5 mallards (no more
than 2 hens), 1 canvasback (when 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 goose (Canada geese,
brant, white-fronts) season starting October 29, 2006, and closing
January 31, 2007. The daily bag limit would be three geese (including
no more than one white-fronted goose or brant). Possession limits would
be twice the daily bag limit. For white geese, the proposed hunting
season would start October 29, 2006, and run for the maximum amount of
days allowed under the final Federal frameworks for the State of South
Dakota. Daily bag and possession limits would equal the maximum 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 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 2005-06 hunting season, the Tribe reported that 90
nontribal hunters took 400 Canada geese, 75 light geese, and 90 ducks.
Forty-five tribal members harvested less than 50 geese and 50 ducks.
We concur with the Yankton Sioux proposal for the 2006-07 hunting
season.
Public Comment Invited
We intend that adopted final rules be as responsive as possible to
all concerned interests and, therefore, we 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
[[Page 47476]]
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 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 notice published in the September 8, 2005, Federal Register
(70 FR 53376), we announced our intent to develop a new Supplemental
Environmental Impact Statement for the migratory bird hunting program.
Public scoping meetings were held in the spring of 2006, and were
detailed in a March 9, 2006, Federal Register notice (71 FR 12216).
Endangered Species Act Consideration
Prior to issuance of the 2006-07 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 future supplemental proposed
rulemaking documents.
Executive Order 12866
The migratory bird hunting regulations are economically significant
and were reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866. As such, a cost-benefit analysis was initially
prepared in 1981. This analysis was subsequently revised annually from
1990 through 1996, updated in 1998, and updated again in 2004. It is
further discussed below under the heading Regulatory Flexibility Act.
Results from the 2004 analysis indicate that the expected economic
benefit of the annual migratory bird hunting frameworks is on the order
of $734 to $1,064 million, with a mid-point estimate of $899 million.
Copies of the cost-benefit analysis are available upon request from the
address indicated under ADDRESSES or from our Web site at
http://www.migratorybirds.gov.
Executive Order 12866 also 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 as part of the
1981 cost-benefit analysis discussed under Executive Order 12866. This
analysis was revised annually from 1990 through 1995. In 1995, the
Service issued a Small Entity Flexibility Analysis (Analysis), which
was subsequently updated in 1996, 1998, and 2004. 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 2004 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 $481 million and $1.2 billion at small
businesses in 2004. Copies of the Analysis are available upon request
from the address indicated under
[[Page 47477]]
ADDRESSES or from our Web site at http://www.migratorybirds.gov.
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 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 Surveys and assigned clearance number
1018-0015 (expires February 29, 2008). 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 November 30, 2007). 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 that it
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. 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 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,
2006, 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 hunters 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, woodcock,
common snipe, band-tailed pigeons, mourning doves, white-winged doves,
ducks, mergansers, and geese.
The rules that eventually will be promulgated for the 2006-07
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,
[[Page 47478]]
hunted, captured, killed, possessed, sold, purchased, shipped, carried,
exported, or transported.
Dated: August 15, 2006.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-7026 Filed 8-15-06; 2:43 pm]
BILLING CODE 4310-55-P