Migratory bird hunting: Federal Indian reservations, off-reservation trust lands, and ceded lands,
[Federal Register: August 8, 2003 (Volume 68, Number 153)]
[Proposed Rules]
[Page 47423-47439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au03-39]
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Part III
Department of the Interior
Fish and Wildlife Service
50 CFR Part 20
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2003-04 Season; Proposed Rule
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AI93
Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2003-04 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
SUMMARY: The U.S. Fish and Wildlife Service (hereinafter Service or we) proposes special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation trust lands, and ceded lands for the 2003-04 migratory bird hunting season.
DATES: We will accept all comments on the proposed regulations that are postmarked or received in our office by August 18, 2003.
ADDRESSES: Send your comments on these proposals to the Chief, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Department of the Interior, ms MBSP-4107-ARLSQ, 1849 C Street, NW., Washington, DC 20240 or fax comments to (703) 358-2272. All comments received will become part of the public record. You may inspect comments during normal business hours in room 4107, 4501 N. Fairfax Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Tina Chouinard, (318) 201-0400, or Ron W. Kokel, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 358-1714.
SUPPLEMENTARY INFORMATION: In the May 6, 2003, Federal Register (68 FR 24324), we requested proposals from Indian Tribes wishing to establish special migratory bird hunting regulations for the 2003-04 hunting season, under the guidelines described in the June 4, 1985, Federal Register (50 FR 23467). In this supplemental proposed rule, we propose special migratory bird hunting regulations for 28 Indian Tribes, based on the input we received in response to the May 6, 2003, proposed rule. As described in that rule, the promulgation of annual migratory bird hunting regulations involves a series of rulemaking actions each year. This proposed rule is part of that series.
We developed the guidelines for establishing special migratory bird hunting regulations for Indian Tribes in response to tribal requests for recognition of their reserved hunting rights and, for some Tribes, recognition of their authority to regulate hunting by both tribal and nontribal members on their reservations. The guidelines include possibilities for:
(1) On-reservation hunting by both tribal and nontribal members, with hunting by nontribal members on some reservations to take place within Federal frameworks but on dates different from those selected by the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of the usual Federal frameworks for season dates and length, and for daily bag and possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands, outside of usual framework dates and season length, with some added flexibility in daily bag and possession limits.
In all cases, the regulations established under the guidelines must be consistent with the March 10 to September 1 closed season mandated by the 1916 Convention Between the United States and Great Britain (for Canada) for the Protection of Migratory Birds (Treaty). The guidelines apply to those Tribes having recognized reserved hunting rights on Federal Indian reservations (including off-reservation trust lands) and on ceded lands. They also apply to establishing migratory bird hunting regulations for nontribal members on all lands within the exterior boundaries of reservations where Tribes have full wildlife management authority over such hunting or where the Tribes and affected States otherwise have reached agreement over hunting by nontribal members on lands owned by non-Indians within the reservation.
Tribes usually have the authority to regulate migratory bird hunting by nonmembers on Indian-owned reservation lands, subject to Service approval. The question of jurisdiction is more complex on reservations that include lands owned by non-Indians, especially when the surrounding States have established or intend to establish regulations governing hunting by non-Indians on these lands. In such cases, we encourage the Tribes and States to reach agreement on regulations that would apply throughout the reservations. When appropriate, we will consult with a Tribe and State with the aim of facilitating an accord. We also will consult jointly with tribal and State officials in the affected States where Tribes wish to establish special hunting regulations for tribal members on ceded lands.
Because of past questions regarding interpretation of what events trigger the consultation process, as well as who initiates it, we provide the following clarification. We routinely provide copies of Federal Register publications pertaining to migratory bird management to all State Directors, Tribes, and other interested parties. It is the responsibility of the States, Tribes, and others to notify us of any concern regarding any feature(s) of any regulations. When we receive such notification, we will initiate consultation.
Our guidelines provide for the continued harvest of waterfowl and other migratory game birds by tribal members on reservations where such harvest has been a customary practice. We do not oppose this harvest, provided it does not take place during the closed season defined by the Treaty, and does not adversely affect the status of the migratory bird resource.
Before developing the guidelines, we reviewed available information on the current status of migratory bird populations; reviewed the current status of migratory bird hunting on Federal Indian reservations; and evaluated the potential impact of such guidelines on migratory birds. We concluded that the impact of migratory bird harvest by tribal members hunting on their reservations is minimal.
One area of interest in Indian migratory bird hunting regulations relates to hunting seasons for nontribal members on dates that are within Federal frameworks, but which are different from those established by the State(s) where the reservation is located. A large influx of nontribal hunters onto a reservation at a time when the season is closed in the surrounding State(s) could result in adverse population impacts on one or more migratory bird species. The guidelines make this unlikely, however, because tribal proposals must include:
(a) Harvest anticipated under the requested regulations;
(b) Methods that will be employed to measure or monitor harvest (such as bag checks, mail questionnaires, etc.);
(c) Steps that will be taken to limit level of harvest, where it could be shown that failure to limit such harvest would adversely impact the migratory bird resource; and
(d) Tribal capabilities to establish and enforce migratory bird hunting regulations.
We may modify regulations or establish experimental special hunts, after evaluation and confirmation of harvest information obtained by the Tribes.
We believe the guidelines provide appropriate opportunity to
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accommodate the reserved hunting rights and management authority of Indian Tribes while ensuring that the migratory bird resource receives necessary protection. The conservation of this important international resource is paramount. The guidelines should not be viewed as inflexible. In this regard, we note that they have been employed successfully since 1985. We believe they have been tested adequately and, therefore, made them final beginning with the 1988-89 hunting season. We should stress here, however, that use of the guidelines is not mandatory and no action is required if a Tribe wishes to observe the hunting regulations established by the State(s) in which the reservation is located.
Population Status
The following paragraphs provide preliminary information on the status of waterfowl and information on the status and harvest of migratory shore and upland game birds.
May Breeding Waterfowl and Habitat Survey
Habitat conditions for breeding waterfowl have improved over last year in the prairie survey areas, except for eastern South Dakota. Most prairie areas had warm temperatures and plenty of rain this spring. Two areas of dramatic improvement over the past several years were south- central Alberta and southern Saskatchewan, where conditions went from poor to good after much-needed precipitation relieved several years of drought. Other areas in the prairies also improved in condition over 2002, but to a lesser extent. However, years of dry conditions in parts of the United States and Canadian prairies, combined with agricultural practices, have lessened the quality and quantity of residual nesting cover and over-water nest sites in many regions. This could potentially limit production for both dabbling and diving ducks, if the warm spring temperatures and good moisture of 2003 does not result in rapid growth of new cover. Eastern South Dakota was the one area of the prairies where wetland habitat conditions were generally worse than last year, mostly due to low soil moisture, little winter precipitation, and no significant rainfall in April. By the time this region received several inches of rain in May, most birds probably had overflown the area to wetter conditions in other regions to the north and west.
In the northwestern survey areas, habitat was in generally good condition and most areas had normal water levels. The exception was northern Manitoba, where low water levels in small streams and beaver ponds resulted in overall breeding habitat conditions that were only fair. Warm spring temperatures arrived much earlier this year than the exceptionally late spring last year. However, a cold snap in early May could have hurt early-nesting species such as mallards and pintails, particularly in the northern Northwest Territories.
Habitat conditions in the eastern survey area ranged from excellent to fair. In the southern and western part of this survey area, water and nesting cover were plentiful and temperatures were mild this spring. Habitat quality decreased to the north, especially in northern and western Quebec, where many shallow marshes and bogs were either completely dry or reduced to mudflats. Beaver-pond habitat was also noticeably less common than normal. To the east in Maine and most of the Maritime provinces, conditions were excellent, with adequate water, vegetation, and warm spring temperatures.
Status of Teal
Breeding population estimates for blue-winged teal from surveyed areas total 5.5 million blue-winged teal, which is above the 4.7 million needed to trigger the 16-day teal season in the Central and Mississippi Flyways, and the 3.3 million needed to trigger the 9-day teal season in the Atlantic Flyway.
Sandhill Cranes
The Mid-Continent Population of Sandhill Cranes has generally stabilized at comparatively high levels, following increases in the 1970s. The Central Platte River Valley, Nebraska, spring index for 2003, uncorrected for visibility, was 316,676 cranes. The most recent photo-corrected 3-year average (for 2000-02) was 375,875, which is within the established population-objective range of 343,000-465,000 cranes. All Central Flyway States, except Nebraska, allowed crane hunting in portions of their respective States in 2002-03. About 8,800 hunters participated in these seasons, which was 10 percent higher than the number participating in the previous year. An estimated 16,650 cranes were harvested in the Central Flyway during 2001-02 seasons, which was 11% higher than the previous year's estimate. Retrieved harvests in the Pacific Flyway, Canada, and Mexico were estimated to be about 11,650 cranes for the 2002-03 period. The total North American sport harvest, including crippling losses, was estimated at 31,830, which is similar to the previous year's estimate. The long-term trend analysis for the Mid-Continent Population during 1982-2000 indicates that harvests have been increasing at a higher rate than the trend in population growth over the same period.
The fall 2002 pre-migration survey estimate for the Rocky Mountain Population of sandhill cranes was 18,803, which was 12% higher than the previous year's estimate of 16,559. Limited special seasons were held during 2002 in portions of Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming, resulting in a harvest of 639 cranes, which is 29% below the previous year's record high harvest of 898 cranes.
Woodcock
Singing-Ground and Wing-Collection Surveys were conducted to assess the population status of the American woodcock (Scolopax minor). Singing-Ground Survey data for 2003 indicate that the numbers of displaying woodcock in the Eastern and Central Regions were unchanged from 2002 (P0.10); although the point estimates of the trends were higher. Trends from the Singing-Ground Survey during 1993- 2003 were -1.3 and -1.6 percent change per year for the Eastern and Central regions, respectively (P
