[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Rules and Regulations]
[Pages 56532-56539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19280]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Regulations on Certain Federal Indian 
Reservations and Ceded Lands for the 2005-06 Late Season; Final Rule

  Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / 
Rules and Regulations  

[[Page 56532]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AT76


Migratory Bird Hunting; Regulations on Certain Federal Indian 
Reservations and Ceded Lands for the 2005-06 Late Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule prescribes special late-season migratory bird 
hunting regulations for certain tribes on Federal Indian reservations, 
off-reservation trust lands, and ceded lands. This rule responds to 
tribal requests for U.S. Fish and Wildlife Service (hereinafter Service 
or we) recognition of their authority to regulate hunting under 
established guidelines. This rule allows the establishment of season 
bag limits and, thus, harvest at levels compatible with populations and 
habitat conditions.

DATES: This rule takes effect on September 24, 2005.

ADDRESSES: You may inspect comments on the special hunting regulations 
and tribal proposals during normal business hours in room 4107, 
Arlington Square Building, 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) 358-1967.

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3, 
1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the 
Secretary of the Department of the Interior, having due regard for the 
zones of temperature and for the distribution, abundance, economic 
value, breeding habits, and times and lines of flight of migratory game 
birds, to determine when, to what extent, and by what means such birds 
or any part, nest or egg thereof may be taken, hunted, captured, 
killed, possessed, sold, purchased, shipped, carried, exported or 
transported.
    In a proposed rule published in the August 5, 2005, Federal 
Register (70 FR 45336), we proposed special migratory bird hunting 
regulations for the 2005-06 hunting season for certain Indian tribes, 
under the guidelines described in the June 4, 1985, Federal Register 
(50 FR 23467). The guidelines respond to tribal requests for Service 
recognition of their reserved hunting rights, and for some tribes, 
recognition of their authority to regulate hunting by both tribal 
members and nonmembers on their reservations. The guidelines include 
possibilities for:
    (1) On-reservation hunting by both tribal members and nonmembers, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of usual 
Federal frameworks for season dates and length, and for daily bag and 
possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10-September 1 closed season mandated by 
the 1916 Migratory Bird Treaty with Canada.
    In a proposed rule published in the April 6, 2005, Federal Register 
(70 FR 17574), we requested that tribes desiring special hunting 
regulations in the 2005-06 hunting season submit a proposal including 
details on:
    (a) Harvest anticipated under the requested regulations;
    (b) Methods that would be employed to measure or monitor harvest 
(such as bag checks, mail questionnaires, etc.);
    (c) Steps that would be taken to limit the level of harvest, where 
it could be shown that failure to limit the harvest would adversely 
impact the migratory bird resource; and
    (d) Tribal capabilities to establish and enforce migratory bird 
hunting regulations.
    No action is required if a tribe wishes to observe the hunting 
regulations established by the State(s) in which an Indian reservation 
is located. We have successfully used the guidelines since the 1985-86 
hunting season. We finalized the guidelines beginning with the 1988-89 
hunting season [August 18, 1988, Federal Register (53 FR 31612)].
    Although the August 5 proposed rule included generalized 
regulations for both early- and late-season hunting, this rulemaking 
addresses only the late-season proposals. Early-season proposals were 
addressed in a final rule published in the August 31, 2005, Federal 
Register (70 FR 51984). As a general rule, early seasons begin during 
September each year and have a primary emphasis on such species as 
mourning and white-winged dove. Late seasons begin about September 24 
or later each year and have a primary emphasis on waterfowl.

Status of Populations

    In the August 5 proposed rule and August 31 final rule, we reviewed 
the status for various populations for which seasons were proposed. 
This information included brief summaries of the May Breeding Waterfowl 
and Habitat Survey, population status reports for blue-winged teal, 
sandhill cranes, woodcock, mourning doves, white-winged doves, white-
tipped doves, and band-tailed pigeons, and the status and harvest of 
waterfowl. The tribal seasons established below are commensurate with 
the population status.

Comments and Issues Concerning Tribal Proposals

    For the 2005-06 migratory bird hunting season, we proposed 
regulations for 29 tribes and/or Indian groups that followed the 1985 
guidelines and were considered appropriate for final rulemaking. Some 
of the proposals submitted by the tribes had both early- and late-
season elements. However, as noted earlier, only those with late-season 
proposals are included in this final rulemaking; 19 tribes have 
proposals with late seasons. Proposals are addressed in the following 
section. The comment period for the proposed rule, published on August 
5, 2005, closed on August 15, 2005, we received one comment regarding 
the notice of intent published on April 6, 2005, which announced 
rulemaking on regulations for migratory bird hunting by American Indian 
tribal members. This comment was addressed in the August 31 final rule.

National Environmental Policy Act (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), and our Record of Decision on August 18, 1988 (53 
FR 31341).
    In addition, in a proposed rule published in the April 30, 2001, 
Federal Register (66 FR 21298), we expressed our intent to begin the 
process of developing a new EIS for the migratory bird hunting program. 
Our notice beginning the public scoping process was published in the 
September 8, 2005, Federal Register (70 FR 53376).

[[Page 56533]]

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531B1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' and shall ``insure that any 
action authorized, funded, or carried out * * * is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat. * * *'' Consequently, we conducted formal 
consultations to ensure that actions resulting from these regulations 
would not likely jeopardize the continued existence of endangered or 
threatened species or result in the destruction or adverse modification 
of their critical habitat. Findings from these consultations are 
included in a biological opinion, which concluded that the regulations 
are not likely to adversely affect any endangered or threatened 
species. Additionally, these findings may have caused modification of 
some regulatory measures previously proposed, and the final frameworks 
reflect any such modifications. Our biological opinions resulting from 
this Section 7 consultation are public documents available for public 
inspection at the address indicated under ADDRESSES.

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 
1990-96, 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 welfare 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://migratorybirds.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 1990-95. 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 ADDRESSES or from our Web site at http://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 outlined above, 
this rule has an annual effect on the economy of $100 million or more. 
However, because this rule establishes hunting seasons, we do not plan 
to defer the effective date under the exemption contained in 5 U.S.C. 
808(1).

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995. 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 surveys associated with the Migratory Bird Harvest Information 
Program and assigned clearance number 1018-0015 (expires 2/29/2008). 
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.
    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 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 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 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 Indian tribe may be more restrictive 
than the Federal frameworks at any time. The frameworks are developed 
in a cooperative process with the States and the Flyway Councils. This 
process allows States to participate

[[Page 56534]]

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 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.

0
Accordingly, part 20, subchapter B, chapter I of Title 50 of the Code 
of Federal Regulations is amended as follows:

PART 20--[AMENDED]

0
1. The authority citation for part 20 continues to read as follows:

    Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j, Pub. L. 106-
108.

    (Note: The following hunting regulations provided for by 50 CFR 
20.110 will not appear in the Code of Federal Regulations because of 
their seasonal nature).


0
2. Section 20.110 is amended by revising paragraphs (a), (b), (c), (g), 
(m), (n), (o), (q), (r), (s), and (u) and by adding paragraphs (v) 
through (cc) to read as set forth below. (Current Sec.  20.110 was 
published at 70 FR 51987, August 31, 2005.)


Sec.  20.110  Seasons, limits, and other regulations for certain 
Federal Indian reservations, Indian Territory, and ceded lands.

(a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members and 
Nontribal Hunters)

Doves

    Season Dates: Open September 1, through September 15, 2005; then 
open November 12, through December 26, 2005.
    Daily Bag and Possession Limits: For the early season, daily bag 
limit is 10 mourning or 10 white-winged doves, singly, or in the 
aggregate. For the late season, the daily bag limit is 10 mourning 
doves. Possession limits are twice the daily bag limits.

Ducks (Including Mergansers)

    Season Dates: Open October 15, 2005, through January 29, 2006.
    Daily Bag and Possession Limits: Seven ducks, including two hen 
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon 
teal, and three scaup. The seasons on canvasback and pintail are 
closed. The possession limit is twice the daily bag limit.

Coots and Common Moorhens

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and common moorhens, 
singly or in the aggregate.

Geese

    Season Dates: Open October 22, 2005, through January 29, 2006.
    Daily Bag and Possession Limits: Three geese, including no more 
than three dark (Canada) geese and three white (snow, blue, Ross's) 
geese. The possession limit is six dark geese and six white geese.
    General Conditions: A valid Colorado River Indian Reservation 
hunting permit is required for all persons 14 years and older and must 
be in possession before taking any wildlife on tribal lands. Any person 
transporting game birds off the Colorado River Indian Reservation must 
have a valid transport declaration form. Other tribal regulations 
apply, and may be obtained at the Fish and Game Office in Parker, 
Arizona.

(b) Confederated Salish and Kootenai Tribes, Flathead Indian 
Reservation, Pablo, Montana (Tribal Members and Nontribal Hunters)

Tribal Members Only

Ducks (Including Mergansers)

    Season Dates: Open September 1, 2005, through March 9, 2006.
    Daily Bag and Possession Limits: The Tribe does not have specific 
bag and possession restrictions for Tribal members. The season on 
harlequin duck is closed.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Same as ducks.

Nontribal Hunters

Ducks (Including Mergansers)

    Canvasbacks: Open October 1, through November 29, 2005.
    Other ducks: Open October 1, 2005, through January 15, 2006.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, three scaup, and two redheads. The 
possession limit is twice the daily bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: The daily bag and possession limit 
is 25.

Geese

Dark Geese

    Season Dates: Open October 1, 2005, through January 15, 2006.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.

Light Geese

    Season Dates: Open October 1, 2005, through January 15, 2006.
    Daily Bag and Possession Limits: Three and six geese, respectively.

Youth Waterfowl Hunt

    Season Dates: September 24-25, 2005.
    Daily Bag and Possession Limits: Same as ducks but includes one 
canvasback.
    General Conditions: Tribal members and Nontribal hunters must 
comply with all basic Federal migratory bird hunting regulations 
contained in 50 CFR part 20 regarding manner of taking. In addition, 
shooting hours are sunrise to sunset, and each waterfowl hunter 16 
years of age or older must carry on his/her person a valid Migratory 
Bird Hunting and Conservation Stamp (Duck Stamp) signed in ink across 
the stamp face. Special regulations established by the Confederated 
Salish and Kootenai Tribes also apply on the reservation.

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(c) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort 
Thompson, South Dakota (Tribal Members and Nontribal Hunters)

Sandhill Cranes

    Season Dates: Open September 10, through October 16, 2005.
    Daily Bag Limit: Three sandhill cranes.
    Permits: Each person participating in the sandhill crane season 
must have a valid Federal sandhill crane hunting permit in his or her 
possession while hunting.

Doves

    Season Dates: Open September 1, through October 30, 2005.
    Daily Bag Limit: 15 mourning doves.

Ducks

    Canvasback: Open October 1, through November 8, 2005.
    Other ducks: Open October 1, through December 12, 2005.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (including no more than two female mallards), two 
redheads, one pintail, one canvasback (when open), two scaup, and two 
wood ducks. The possession limit is twice the daily bag limit.

Mergansers

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Five mergansers, including no more 
than one hooded merganser. The possession limit is twice the daily bag 
limit.

Canada Geese

    Season Dates: Open October 15, 2005, through January 17, 2006.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Open September 24, through December 18, 2005.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open September 24, through December 29, 2005.
    Daily Bag and Possession Limits: 20 geese daily, no possession 
limit.
    General Conditions: The waterfowl hunting regulations established 
by this final rule apply only to tribal and trust lands within the 
external boundaries of the reservation. Tribal and nontribal hunters 
must comply with basic Federal migratory bird hunting regulations in 50 
CFR part 20 regarding shooting hours and manner of taking. In addition, 
each waterfowl hunter 16 years of age or over must carry on his/her 
person a valid Migratory Bird Hunting and Conservation Stamp (Duck 
Stamp) signed in ink across the stamp face. Special regulations 
established by the Crow Creek Sioux Tribe also apply on the 
reservation.
* * * * *

(g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal 
Members and Nontribal Hunters)

Nontribal Hunters on Reservation

Ducks

    Season Dates: Open September 24, 2005, through January 31, 2006. 
During this period, days to be hunted are specified by the Kalispel 
Tribe as weekends, holidays, and for a continuous period in the months 
of October and November, not to exceed 107 days total. Nontribal 
hunters should contact the Tribe for more detail on hunting days.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 1 pintail, 3 scaup, and 2 redheads. The season on 
canvasbacks is closed. The possession limit is twice the daily bag 
limit.

Geese

    Season Dates: Open September 3, 2005, through September 18, for the 
early-season, and open October 1, through January 31, 2006, for the 
late-season. During this period, days to be hunted are specified by the 
Kalispel Tribe. Nontribal hunters should contact the Tribe for more 
detail on hunting days.
    Daily Bag and Possession Limits: 5 and 10, respectively, for the 
early season, and 3 light geese and 4 dark geese, for the late season. 
The daily bag limit is 2 brant and is in addition to dark goose limits 
for the late-season. The possession limit is twice the daily bag limit.

Tribal Hunters Within Kalispel Ceded Lands

Ducks

    Season Dates: Open September 1, 2005, through January 31, 2006.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 3 scaup, and 2 redheads. The seasons on canvasbacks 
and pintail are closed. The possession limit is twice the daily bag 
limit.

Geese

    Season Dates: Open September 1, 2005, through January 31, 2006.
    Daily Bag Limit: 3 light geese and 4 dark geese. The daily bag 
limit is 2 brant and is in addition to dark goose limits.
    General: Tribal members must possess a validated Migratory Bird 
Hunting and Conservation Stamp and a tribal ceded lands permit. Hunters 
must observe all State and Federal regulations, such as those contained 
in 50 CFR part 20.
* * * * *

(m) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members and 
Nonmembers)

Band-Tailed Pigeons

    Season Dates: Open September 1, through September 30, 2005.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1, through September 30, 2005.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (Including Mergansers)

    Canvasback: Open September 24, through November 22, 2005.
    Other ducks: Open September 24, 2005, through January 8, 2006.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback (when open), three 
scaup, and two redheads. The possession limit is twice the daily bag 
limit.

Coots and Common Moorhens

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots and moorhens, singly or 
in the aggregate.

Dark Geese

    Season Dates: Open September 24, 2005, through January 8, 2006.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.
    General Conditions: Tribal and nontribal hunters will comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20, 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or over must carry on his/her person a 
valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) signed 
in ink across the stamp face. Special regulations established by the 
Navajo Nation also apply on the reservation.

(n) Oneida Tribe of Indians of Wisconsin, Oneida, Wisconsin (Tribal 
Members Only)

Ducks (Including Mergansers)

    Season Dates: Open September 24, through November 18, 2005, and 
open November 28, through December 4, 2005.

[[Page 56536]]

    Daily Bag and Possession Limits: Six, including no more than six 
mallards (three hen mallards), five wood ducks, one redhead, two 
pintail, and one hooded merganser. The possession limit is twice the 
daily bag limit.

Geese

    Season Dates: Open September 1, through November 18, and open 
November 28, through December 31, 2005.
    Daily Bag and Possession Limits: Three and Six Canada geese, 
respectively. 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. A seasonal quota of 150 birds is 
adopted. If the quota is reached before the season concludes, the 
season will be closed at that time.

Woodcock

    Season Dates: Open September 10, through November 13, 2005.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.

Dove

    Season Dates: Open September 1, through November 13, 2005.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.
    General Conditions: Tribal member shooting hours are one-half hour 
before sunrise to one-half hour after sunset. Nontribal members hunting 
on the Reservation or on lands under the jurisdiction of the Tribe must 
comply with all State of Wisconsin regulations, including season dates, 
shooting hours, and bag limits which differ from tribal member seasons. 
Tribal members and nontribal members hunting on the Reservation or on 
lands under the jurisdiction of the Tribe will observe all basic 
Federal migratory bird hunting regulations found in 50 CFR part 20, 
with the following exceptions: tribal members are exempt from the 
purchase of the Migratory Waterfowl Hunting and Conservation Stamp 
(Duck Stamp); and shotgun capacity is not limited to three shells.

(o) Skokomish Tribe, Shelton, Washington (Tribal Members Only)

Ducks and Mergansers

    Season Dates: Open September 16, through December 31, 2005.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback, one harlequin, and 
two redheads. Possession limit is twice the daily bag limit.

Geese

    Season Dates: Open September 16, through December 31, 2005.
    Daily Bag and Possession Limits: Four geese, and may include no 
more than three light geese. The season on Aleutian Canada geese is 
closed. Possession limit is twice the daily bag limit.

Brant

    Season Dates: Open November 1, 2005, through February 15, 2006.
    Daily Bag and Possession Limits: Two brant. Possession limit is 
twice the daily bag limit.

Coots

    Season Dates: Open September 16, through December 31, 2005.
    Daily Bag Limits: 25 coots.

Mourning Doves

    Season Dates: Open September 16, through December 31, 2005.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 16, through December 31, 2005.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

    Season Dates: Open September 16, through December 31, 2005.
    Daily Bag and Possession Limits: 2 and 4 pigeons, respectively.
    General Conditions: All hunters authorized to hunt migratory birds 
on the reservation must obtain a tribal hunting permit from the 
respective Tribe. Hunters are also required to adhere to a number of 
special regulations available at the tribal office.
* * * * *

(q) Tulalip Tribes of Washington, Tulalip Indian Reservation, 
Marysville, Washington (Tribal Members and Nontribal Hunters)

Tribal Members

Ducks (Including Coots and Mergansers)

    Season Dates: Open September 15, 2005, and through February 28, 
2006.
    Daily Bag and Possession Limits: 8 and 16 ducks, respectively, 
except that bag and possession limits may include no more than 2 female 
mallards, 1 pintail, 3 scaup, and 2 redheads.

Geese

    Season Dates: Open September 15, 2005, and through February 28, 
2006.
    Daily Bag and Possession Limits: 7 and 14 geese, respectively; 
except that the bag limits may not include more than 2 brant and 1 
cackling Canada goose. For those tribal members who engage in 
subsistence hunting, the Tribes set a maximum annual bag limit of 365 
ducks and 365 geese.

Snipe

    Season Dates: Open September 15, 2005, through February 28, 2006.
    Daily Bag and Possession Limits: 8 and 16, respectively.

Nontribal Hunters

Ducks

    Season Dates: Open October 15, 2005, through January 29, 2006.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, three scaup, and two redheads. The 
season on canvasbacks is closed. The possession limit is twice the 
daily bag limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 and 50, respectively.

Geese

    Season Dates: Open October 15, 2005, through January 29, 2006.
    Daily Bag and Possession Limits: Four geese, including four dark 
geese but no more than three light geese. The possession limit is twice 
the daily bag limit.

Brant

    Season Dates: Open January 14, through January 29, 2006.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Snipe

    Season Dates: Open November 19, 2005, through February 26, 2006.
    Daily Bag and Possession Limits: 8 and 16, respectively.
    General Conditions: All hunters on Tulalip Tribal lands are 
required to adhere to shooting hour regulations set at one-half hour 
before sunrise to sunset, special tribal permit requirements, and a 
number of other tribal regulations enforced by the Tribe. Nontribal 
hunters 16 years of age and older, hunting pursuant to Tulalip Tribes' 
Ordinance No. 67, must possess a valid Federal Migratory Bird Hunting 
and Conservation Stamp and a valid State of Washington Migratory 
Waterfowl Stamp. Both stamps must be validated by signing across the 
face of the stamp. Other tribal regulations apply, and may be obtained 
at the tribal office in Marysville, Washington.

[[Page 56537]]

(r) Upper Skagit Indian Tribe, Sedro Woolley, Washington (Tribal 
Members Only)

Ducks

    Season Dates: Open November 1, 2005, through February 8, 2006.
    Daily Bag and Possession Limits: 15 and 20, respectively. The 
season on canvasbacks is closed.

Coots

    Season Dates: Open November 1, 2005, through February 8, 2006.
    Daily Bag and Possession Limits: 20 and 30, respectively.

Geese

    Season Dates: Open November 1, 2005, through February 8, 2006.
    Daily Bag and Possession Limits: The daily bag limits are seven 
geese and five brant. The possession limits for geese and brant are 10 
and 7, respectively.

Mourning Dove

    Season Dates: Open September 1, through December 31, 2005.
    Daily Bag and Possession Limits: 12 and 15 mourning doves, 
respectively.
    Tribal members must have the tribal identification and harvest 
report card on their person to hunt. Tribal members hunting on the 
Reservation will observe all basic Federal migratory bird hunting 
regulations found in 50 CFR, except shooting hours would be one-half 
hour before official sunrise to one-half hour after official sunset.

(s) Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts (Tribal 
Members Only)

Teal

    Season Dates: Open October 16, 2005, through January 28, 2006.
    Daily Bag Limit: Six teal.

Ducks

    Season Dates: Open November 1, 2005, and through February 28, 2006.
    Daily Bag Limit: Six ducks, including no more than two hen 
mallards, two black ducks, two mottled ducks, one fulvous whistling 
duck, four mergansers, two scaup, one hooded merganser, two wood ducks, 
one canvasback, two redheads, and one pintail. The season is closed for 
harlequin ducks.

Sea Ducks

    Season Dates: Open October 16, 2005, and through February 28, 2006.
    Daily Bag Limit: Seven ducks including no more than four of any one 
species (only one of which may be a hen eider).

Canada Geese

    Season Dates: Open September 11, through September 25, 2005, and 
open November 1, 2005, through February 28, 2006.
    Daily Bag Limits: Five Canada geese during the first period and 
three during the second.

Snow Geese

    Season Dates: Open September 11, through September 25, 2005, and 
open November 1, 2005, through February 28, 2006.
    Daily Bag Limits: 15.

Woodcock

    Season Dates: Open October 16, through November 30, 2005.
    Daily Bag Limit: Three woodcock.
    General Conditions: Shooting hours are one-half hour before sunrise 
to sunset. Nontoxic shot is required. Tribal members will observe all 
basic Federal migratory bird hunting regulations contained in 50 CFR.
* * * * *

(u) White Mountain Apache Tribe, Fort Apache Indian Reservation, 
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)

Band-Tailed Pigeons (Wildlife Management Unit 10 and Areas South of Y-
70 in Wildlife Management Unit 7, Only)

    Season Dates: Open September 1, through September 15, 2005.
    Daily Bag and Possession Limits: Three and six pigeons, 
respectively.

Mourning Doves (Wildlife Management Unit 10 and Areas South of Y-70 in 
Wildlife Management Unit 7, Only)

    Season Dates: Open September 1, through September 15, 2005.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (Including Mergansers)

    Canvasbacks: Open October 15, through December 13, 2005.
    Other ducks: Open October 15, 2005, through January 29, 2006.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than three mallards (including no more than one hen mallard), two 
redheads, one canvasback (when open), and one pintail. The possession 
limit is twice the daily bag limit.

Coots, Moorhens and Gallinules

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots, moorhens, and 
gallinules, singly or in the aggregate. The possession limit is twice 
the daily bag limit.

Canada Geese

    Season Dates: Open October 15, 2005, through January 29, 2006.
    Bag and Possession Limits: Three and six, respectively.
    General Conditions: All nontribal hunters hunting band-tailed 
pigeons and mourning doves on Reservation lands shall have in their 
possession a valid White Mountain Apache Daily or Yearly Small Game 
Permit. In addition to a small game permit, all nontribal hunters 
hunting band-tailed pigeons must have in their possession a White 
Mountain Special Band-tailed Pigeon Permit. Other special regulations 
established by the White Mountain Apache Tribe apply on the 
reservation. Tribal and nontribal hunters will comply with all basic 
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding 
shooting hours and manner of taking. In addition, the area open to 
waterfowl hunting in the above seasons consists of: The entire 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 2005-06 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 2005-06 season.

(v) Bois Forte Band of Chippewa, Nett Lake, Minnesota (Tribal Members 
and Nontribal Hunters)

Ducks

    Pintails and Canvasbacks (For nontribal hunters only): Open 
September 27, through October 26, 2005.
    Other ducks: Open September 27, through November 25, 2005, except 
shooting hours on opening day and for every hunting day for the 
remainder of the season would be one-half hour before sunrise and 
continue to one-half hour after sunset for tribal members. Nontribal 
shooting hours will go from one-half hour before sunrise to sunset on 
reservation.
    Daily Bag Limits and Possession Limits: The daily bag limit is 6 
ducks, including no more than 4 mallards (no more than 2 of which may 
be females), 3 mottled ducks, 2 scaup, 1 black duck,

[[Page 56538]]

1 pintail, 1 canvasback, 2 wood ducks, and 2 redheads. The possession 
limit is twice the daily bag limit.
    The Band's Conservation Department regulates nontribal harvest 
limits under the following regulations: (1) Nontribal hunters must be 
accompanied at all times by a Band Member guide; (2) Nontribal hunters 
must have in their possession a valid small game hunting license, a 
Federal migratory waterfowl stamp, and a Minnesota State waterfowl 
stamp; (3) Nontribal hunters and Band Members must have only Service-
approved nontoxic shot in possession at all times; (4) Nontribal 
hunters must conform to possession limits established and regulated by 
the State of Minnesota and the Bois Forte Band.

(w) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Nontribal Hunters)

Canvasback

    Season Dates: Open October 8, through November 30, 2005.

Other Ducks (Including Mergansers)

    Season Dates: Open October 8, through November 30, 2005.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, one pintail, one canvasback 
(when open), two redheads, and three scaup. The possession limit is 
twice the daily bag limit.

Canada Geese

    Season Dates: Open October 8, through November 30, 2005.
    Daily Bag and Possession Limits: Two and four, respectively.
    General Conditions: Tribal and nontribal hunters must comply with 
all basic Federal migratory bird hunting regulations in 50 CFR part 20 
regarding shooting hours and manner of taking. In addition, each 
waterfowl hunter 16 years of age or older must carry on his/her person 
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp) 
signed in ink across the stamp face. Special regulations established by 
the Jicarilla Tribe also apply on the reservation.

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

Ducks

    Season Dates: Open October 1, 2005, through January 28, 2006.
    Daily Bag and Possession Limits: 9 and 18 ducks, respectively.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 6 and 12 geese, respectively.
    General: The Klamath Tribe provides its game management officers, 
biologists, and wildlife technicians with regulatory enforcement 
authority, and has a court system with judges that hear cases and set 
fines.

(y) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, 
South Dakota (Tribal Members and Nontribal Hunters)

Tribal Members

Ducks (Including Mergansers and Coots)

    Season Dates: Open October 1, 2005, through March 10, 2006.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (only one of which may be a hen), two scaup, one mottled 
duck, two redheads, two wood ducks, one canvasback, and one pintail. 
Coot daily bag limit is 15. Merganser daily bag limit is five, 
including no more than one hooded merganser. The possession limit is 
twice the daily bag limit.

Canada Geese

    Season Dates: Open October 15, 2005, through March 10, 2006.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Open October 15, 2005, through March 10, 2006.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open October 15, 2005, through March 10, 2006.
    Daily Bag and Possession Limits: 20 and 40, respectively.

Youth Waterfowl Hunt

    Season Dates: Open September 25, through September 26, 2005.
    Daily Bag and Possession Limits: Same as above.

Nontribal Hunters

Ducks (Including Mergansers and Coots)

    Season Dates: Open October 1, 2005, through January 5, 2006.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (only one of which may be a hen), two scaup, one mottled 
duck, two redheads, two wood ducks, and one pintail. The season on 
canvasbacks is closed. Coot daily bag limit is 15. Merganser daily bag 
limit is five, including no more than one hooded merganser. The 
possession limit is twice the daily bag limit.

Canada Geese

    Season Dates: Open October 15, 2005, through January 17, 2006.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Open October 1, 2005, through December 25, 2005.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open October 15, 2005, through January 17, 2006, and 
open February 25, through March 10, 2006.
    Daily Bag and Possession Limits: 20 and 40, respectively.

Youth Waterfowl Hunt

    Season Dates: Open September 24, through September 25, 2005.
    Daily Bag and Possession Limits: Same as above.
    General Conditions: All hunters must comply with the basic Federal 
migratory bird hunting regulations in 50 CFR part 20, including the use 
of steel shot. Nontribal hunters must possess a validated Migratory 
Bird Hunting and Conservation Stamp. The Lower Brule Sioux Tribe has an 
official Conservation Code that hunters must adhere to when hunting in 
areas subject to control by the Tribe.

(z) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort Hall, 
Idaho (Nontribal Hunters)

Canvasbacks

    Season Dates: Open October 1, through November 29, 2005.

Other Ducks

    Season Dates: Open October 1, 2005, through January 15, 2006.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail, one canvasback (when open), one 
scaup, and two redheads. The possession limit is twice the daily bag 
limit.

Mergansers

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 5 and 10 mergansers, respectively.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 10 and 20 coots, respectively.

[[Page 56539]]

Geese

    Season Dates: Open October 1, 2005, through January 15, 2006.
    Daily Bag and Possession Limits: Four geese, including not more 
than three light geese or two white-fronted geese. The possession limit 
is twice the daily bag limit.

Common Snipe

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
    General Conditions: Nontribal hunters must comply with all basic 
Federal migratory bird hunting regulations in 50 CFR part 20 regarding 
shooting hours and manner of taking. In addition, each waterfowl hunter 
16 years of age or older must possess a valid Migratory Bird Hunting 
and Conservation Stamp (Duck Stamp) signed in ink across the stamp 
face. Other regulations established by the Shoshone-Bannock Tribes also 
apply on the reservation.

(aa) Stillaguamish Tribe of Indians, Arlington, Washington (Tribal 
Members Only)

Canvasbacks

    Season Dates: Open December 1, 2005, through February 15, 2006.

Ducks (Including Mergansers)

    Season Dates: Open October 1, 2005, through February 15, 2006.
    Daily Bag and Possession Limits: 10 and 20, respectively.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Six and twelve, respectively.

Brant

    Season Dates: Open December 1, 2005, through February 15, 2006.
    Daily Bag and Possession Limits: Three and six, respectively.

Snipe

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 10 and 20, respectively.
    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.

(bb) Swinomish Indian Tribal Community, LaConner, Washington (Tribal 
Members Only)

Off Reservation

Ducks (Including Mergansers)

    Season Dates: Open September 27, 2005, through February 25, 2006.
    Daily Bag and Possession Limits: 10 ducks, including no more than 5 
hen mallards, 4 pintail, 7 scaup, and 5 redheads. The season on 
canvasbacks is closed. The possession limit is twice the daily bag 
limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Seven geese, including seven dark 
geese but no more than six light geese. The possession limit is twice 
the daily bag limit.

Brant

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 5 and 10 brant, respectively.

On Reservation

Ducks (Including Mergansers)

    Season Dates: Open September 27, 2005, through March 9, 2006.
    Daily Bag and Possession Limits: 10 ducks, including no more than 5 
hen mallards, 4 pintail, 7 scaup, and 5 redheads. The season on 
canvasbacks is closed. The possession limit is twice the daily bag 
limit.

Coots

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 25 coots.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Seven geese, including seven dark 
geese but no more than six light geese. The possession limit is twice 
the daily bag limit.

Brant

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: 5 and 10 brant, respectively.
    General Conditions: Steps will be taken to limit level of harvest, 
where it could be shown that failure to limit such harvest would 
seriously impact the migratory bird resource. 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 Swinomish Tribal Fish and Game.

(cc) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and 
Nontribal Hunters)

Ducks (Including Mergansers)

    Canvasbacks: Open October 9, through November 16, 2005.
    Other ducks: Open October 9, through December 21, 2005.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (no more than two hen mallards), two redheads, one 
canvasback (when open), one pintail, two scaup, and two wood ducks. The 
daily bag limit for mergansers is five, of which no more than one can 
be a hooded merganser. The possession limit is twice the daily bag 
limit.

Coots

    Season Dates: Same as other ducks.
    Daily Bag and Possession Limits: 15 and 30 coots, respectively.

Dark Geese

    Season Dates: Open October 29, 2005, through January 31, 2006.
    Daily Bag and Possession Limits: Three geese, including no more 
than one white-fronted goose or brant. The possession limit is twice 
the daily bag limit.

Light Geese

    Season Dates: Open October 29, 2005, through January 19, 2006.
    Daily Bag and Possession Limits: 20 geese daily, no possession 
limit.

General Conditions

    (1) The waterfowl hunting regulations established by this final 
rule apply to tribal and trust lands within the external boundaries of 
the reservation.
    (2) Tribal and nontribal hunters must comply with all basic Federal 
migratory bird hunting regulations in 50 CFR part 20 regarding shooting 
hours and manner of taking. In addition, each waterfowl hunter 16 years 
of age or older must carry on his/her person a valid Migratory Bird 
Hunting and Conservation Stamp (Duck Stamp) signed in ink across the 
stamp face. Special regulations established by the Yankton Sioux Tribe 
also apply on the reservation.

    Dated: September 21, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-19280 Filed 9-22-05; 2:21 pm]
BILLING CODE 4310-55-P