`[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Rules and Regulations]
[Pages 58236-58244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21827]



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Part III





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 2004-05 Late Season; Final Rule

  Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AT53


Migratory Bird Hunting; Regulations on Certain Federal Indian 
Reservations and Ceded Lands for the 2004-05 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 25, 2004.

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 17, 2004, Federal 
Register (69 FR 51036), we proposed special migratory bird hunting 
regulations for the 2004-05 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 March 22, 2004, Federal 
Register (69 FR 13440), we requested that tribes desiring special 
hunting regulations in the 2004-05 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 17 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 September 3, 2004, Federal 
Register (69 FR 53990). 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 17 proposed 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 and 
population status reports for blue-winged teal, sandhill cranes, 
woodcock, mourning doves, white-winged doves, white-tipped doves, and 
band-tailed pigeons. The tribal seasons established below are 
commensurate with the population status.

Comments and Issues Concerning Tribal Proposals

    For the 2004-05 migratory bird hunting season, we proposed 
regulations for 30 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; 20 tribes have 
proposals with late seasons. Proposals are addressed in the following 
section. The comment period for the proposed rule, published on August 
17, 2004, closed on August 27, 2004, however, we did not receive any 
comments.

NEPA Consideration

    Pursuant to the requirements of section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), the ``Final 
Environmental Statement for the Issuance of Annual Regulations 
Permitting the Sport Hunting of Migratory Birds (FES-75-74)'' was filed 
with the Council on Environmental Quality on June 6, 1975, and notice 
of availability was published in the Federal Register on June 13, 1975 
(40 FR 25241). A supplement to the final environmental statement, the 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88-
14)'' was filed on June 9, 1988, and notice of availability was 
published in the Federal Register on June 16, 1988 (53 FR 22582), and 
June 17, 1988 (53 FR 22727). Copies of these documents are available 
from us at the address indicated under ADDRESSES. In addition, an 
August 1985 Environmental Assessment titled ``Guidelines for Migratory 
Bird Hunting Regulations on Federal Indian Reservations and Ceded

[[Page 58237]]

Lands'' is available from the same address.

Endangered Species Act Considerations

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 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 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 and may have caused modification of some regulatory 
measures previously proposed. The final frameworks reflect any 
modifications. Our biological opinions resulting from this Section 7 
consultation are public documents available for public inspection in 
the Service's Division of Endangered Species and MBM, 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 
1990-1996, and then updated in 1998. We have updated again this year. 
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 million to $1.064 billion, with a midpoint 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.

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 ADDRESSES or from our Web site at 
http://www.migratorybirds.gov.

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. This rule 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.

Small Business Regulatory Enforcement Fairness Act

    The annual migratory bird hunting regulations constitute a major 
rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement 
Fairness Act. For the reasons outlined above, this series of rules has 
an annual effect on the economy of $100 million or more. However, 
because these rules establish hunting seasons, we do not plan to defer 
the effective date of this rule under the exemption contained in 5 
U.S.C. 808 (1), and this rule will be effective immediately.

Paperwork Reduction Act

    We examined these regulations under the Paperwork Reduction Act of 
1995. We utilize the various recordkeeping and reporting requirements 
imposed under regulations established in 50 CFR part 20, Subpart K, in 
the formulation of migratory game bird hunting regulations. 
Specifically, OMB has approved the information collection requirements 
of the Migratory Bird Harvest Information Program and assigned 
clearance number 1018-0015 (expires 10/31/2004). This information is 
used to provide a sampling frame for voluntary national surveys to 
improve our harvest estimates for all migratory game birds in order to 
better manage these populations. OMB has also approved the information 
collection requirements of the Sandhill Crane Harvest Questionnaire and 
assigned clearance number 1018-0023 (expires 10/31/2004). The 
information from this survey is used to estimate the magnitude and the 
geographical and temporal distribution of harvest, and the portion it 
constitutes of the total population. A Federal agency may not conduct 
or sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.

Unfunded Mandates Reform Act

    We have determined and certify, in compliance with the requirements 
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not ``significantly or uniquely'' affect small 
governments, and will not produce a Federal mandate 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 it 
will not unduly burden the judicial system and meets the requirements 
of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    In accordance with Executive Order 12630, the annual migratory bird 
hunting rules, authorized by the Migratory Bird Treaty Act, do not have 
significant takings implications and do not affect any constitutionally 
protected property rights. These rules will not result in the physical 
occupancy of property, the physical invasion of property, or the 
regulatory taking of any property. In fact, these rules allow hunters 
to exercise privileges that would be otherwise unavailable; and, 
therefore, reduce restrictions on the use of private and public 
property.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal Government has been given responsibility over these species by 
the Migratory Bird Treaty Act. We annually prescribe frameworks from 
which the States make selections and employ guidelines to establish 
special

[[Page 58238]]

regulations on Federal Indian reservations and ceded lands. This 
process preserves the ability of the States and tribes to determine 
which seasons meet their individual needs. Any State or tribe may be 
more restrictive than the Federal frameworks at any time. The 
frameworks are developed in a cooperative process with the States and 
the Flyway Councils. This allows States to participate in the 
development of frameworks from which they will make selections, thereby 
having an influence on their own regulations. These rules do not have a 
substantial direct effect on fiscal capacity, change the roles or 
responsibilities of Federal or State governments, or intrude on State 
policy or administration. Therefore, in accordance with Executive Order 
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), November 6, 2000, 
(3 CFR 2000 Comp., p. 304), 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 received in 
response to the March 22 request for proposals and the August 8 
proposed rule, we have consulted with all the tribes affected by this 
rule.

Regulations Promulgation

    The rulemaking process for migratory game bird hunting must, by its 
nature, operate under severe time constraints. However, we intend that 
the public be given the greatest possible opportunity to comment on the 
regulations. Thus, when the preliminary proposed rulemaking was 
published, we established what we believed were the longest periods 
possible for public comment. In doing this, we recognized that when the 
comment period closed, time would be of the essence. That is, if there 
were a delay in the effective date of these regulations after this 
final rulemaking, the tribes would have insufficient time to 
communicate these seasons to their member and nontribal hunters and to 
establish and publicize the necessary regulations and procedures to 
implement their decisions. We, therefore, find that ``good cause'' 
exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative 
Procedure Act, and these regulations will take effect immediately upon 
publication.
    Therefore, under the authority of the Migratory Bird Treaty Act of 
July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703 et seq.), we 
prescribe final hunting regulations for certain tribes on Federal 
Indian reservations (including off-reservation trust lands), and ceded 
lands. The regulations specify the species to be hunted and establish 
season dates, bag and possession limits, season length, and shooting 
hours for migratory game birds.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.


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

PART 20--[AMENDED]

    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.



    2. Section 20.110 is amended by revising paragraphs (a), (b), (c), 
(g), (i), (m), (n), (o), (r), (s), (t) and (v) and by adding paragraphs 
(w) through (dd) to read as set forth below. (Current Sec.  20.110 was 
published at 69 FR 53990, September 3, 2004.)


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, close September 15, 2004; then open 
November 12, close December 26, 2004.
    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 16, 2004, close January 30, 2005.
    Daily Bag and Possession Limits: Seven ducks, including two hen 
mallards, two redheads, two Mexican ducks, two goldeneye, two cinnamon 
teal, and four 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 23, 2004, close January 30, 2005.
    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, 2004, close March 9, 2005.
    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.

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Nontribal Hunters

Ducks (Including Mergansers)

    Pintails and Canvasbacks: Open October 2, close November 30, 2004.
    Other ducks: Open October 2, 2004, close January 14, 2005.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail (when open), four scaup, and two 
redheads. The season on canvasback is closed. 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 2, 2004, close January 14, 2005.
    Daily Bag and Possession Limits: Four and eight geese, 
respectively.

Light Geese

    Season Dates: Open October 2, 2004, close January 14, 2005.
    Daily Bag and Possession Limits: Three and six geese, respectively.

Youth Waterfowl Hunt

    Season Dates: September 25-26, 2004.
    Daily Bag and Possession Limits: Same as ducks but includes one 
pintail.
    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.

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

Sandhill Cranes

    Season Dates: Open September 11, close October 17, 2004.
    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, close October 30, 2004.
    Daily Bag Limit: 15 mourning doves.
    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.

Ducks

    Pintail and Canvasback: Open October 2, close November 10, 2004.
    Other ducks: Open October 2, close December 14, 2004.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (including no more than two female mallards), two 
redheads, one pintail (when open), three scaup, and two wood ducks. The 
season on canvasbacks is closed. 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 16, 2004, close January 18, 2005.
    Daily Bag and Possession Limits: Three and six, respectively.

White-Fronted Geese

    Season Dates: Open September 25, close December 19, 2004.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open September 25, close December 30, 2004.
    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 25, 2004, close January 31, 2005. 
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, 4 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, close September 15, 2004, for the 
early-season, and open October 1, 2004, close January 31, 2005, 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, 2004, close January 31, 2005.
    Daily Bag and Possession Limits: 7 ducks, including no more than 2 
female mallards, 4 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, 2004, close January 31, 2005.
    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.
* * * * *

[[Page 58240]]

(i) Little River Band of Ottawa Indians, Manistee, Michigan (Tribal 
Members Only)

Ducks

    Season Dates: Open September 15, 2004, close January 15, 2005.
    Daily Bag and Possession Limits: 12 ducks, including no more than 6 
mallards (only 3 of which may be a hen), 6 scaup, 2 black duck, 2 
redheads, 3 wood ducks, 2 canvasback, and 2 pintail. 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 September 1, close November 30, 2004, and open 
January 1, close February 8, 2005.
    Daily Bag and Possession Limits: Five Canada geese and possession 
limit is twice the daily bag limit.

White-fronted Geese, Snow Geese, Ross' Geese, and Brant

    Season Dates: Open September 20, close November 30, 2004.
    Daily Bag and Possession Limits: Five birds and the possession 
limit is twice the daily bag limit.

Mourning Doves, Rails, Snipe, and Woodcock

    Season Dates: Open September 1, close November 14, 2004.
    Daily Bag and Possession Limits: 10 doves, 10 rails, 10 snipe, and 
5 woodcock. The possession limit is twice the daily bag limit.
    General:
    A. All tribal members are required to obtain a valid tribal 
resource card and 2004-05 hunting license.
    B. Except as modified by the Service rules adopted in response to 
this proposal, these amended regulations parallel all Federal 
regulations contained in 50 CFR part 20.
    C. Particular regulations of note include:
    (1) Nontoxic shot will be required for all waterfowl hunting by 
tribal members.
    (2) Tribal members in each zone will comply with tribal regulations 
providing for closed and restricted waterfowl hunting areas. These 
regulations generally incorporate the same restrictions contained in 
parallel State regulations.
    (3) Possession limits for each species are double the daily bag 
limit, except on the opening day of the season, when the possession 
limit equals the daily bag limit, unless otherwise noted above.
    D. Tribal members hunting in Michigan will comply with tribal codes 
that contain provisions parallel to Michigan law regarding duck blinds 
and decoys.
* * * * *

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

Band-Tailed Pigeons

    Season Dates: Open September 1, close September 30, 2004.
    Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.

Mourning Doves

    Season Dates: Open September 1, close September 30, 2004.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (Including Mergansers)

    Pintails and Canvasback: Open September 25, close November 23, 
2004.
    Other ducks: Open September 25, 2004, close January 9, 2005.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail (when open), one canvasback (when 
open), four 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 25, 2004, close January 9, 2005.
    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 25, close November 19, 2004, and open 
November 29, close December 5, 2004.
    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, close November 19, 2004, and open 
November 29, close December 31, 2004.
    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 season 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 11, close November 14, 2004.
    Daily Bag and Possession Limits: 5 and 10 woodcock, respectively.

Dove

    Season Dates: Open September 1, close November 14, 2004.
    Daily Bag and Possession Limits: 10 and 20, 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, close December 31, 2004.

[[Page 58241]]

    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, close December 31, 2004.
    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, 2004, close March 10, 2005.
    Daily Bag and Possession Limits: Two brant. Possession limit is 
twice the daily bag limit.

Coots

    Season Dates: Open September 16, close December 31, 2004.
    Daily Bag Limits: 25 coots.

Mourning Doves

    Season Dates: Open September 16, close December 31, 2004.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Snipe

    Season Dates: Open September 16, close December 31, 2004.
    Daily Bag and Possession Limits: 8 and 16 snipe, respectively.

Band-Tailed Pigeon

    Season Dates: Open September 16, close December 31, 2004.
    Daily Bag and Possession Limits: 2 and 4, 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.
* * * * *

(r) 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, 2004, and close February 29, 2005.
    Daily Bag and Possession Limits: 7 and 14 ducks, respectively, 
except that bag and possession limits may include no more than 2 female 
mallards, 1 pintail, 4 scaup, and 2 redheads. The season on canvasbacks 
is closed.

Geese

    Season Dates: Open September 15, 2004, and close February 29, 2005.
    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. The Tribes also set a maximum annual bag limit 
of 365 ducks and 365 geese for those tribal members who engage in 
subsistence hunting.

Snipe

    Season Dates: Open September 15, 2004, close February 29, 2005.
    Daily Bag and Possession Limits: 8 and 16, respectively.

Nontribal Hunters

Ducks

    Pintails: The season on pintails is the same as that established by 
the State of Washington, under final Federal frameworks, to be 
announced.
    Other ducks: Open October 12, 2004, close January 26, 2005.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail (when open), four 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 19, 2004, close January 26, 2005.
    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 11, close January 26, 2005.
    Daily Bag and Possession Limits: Two and four brant, respectively.

Snipe

    Season Dates: Open November 14, 2004, close February 28, 2005.
    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.

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

Ducks

    Season Dates: Open November 1, 2004, close February 8, 2005.
    Daily Bag and Possession Limits: 15 and 20, respectively. The 
season on canvasbacks is closed.

Coots

    Season Dates: Open November 1, 2004, close February 8, 2005.
    Daily Bag and Possession Limits: 20 and 30, respectively.

Geese

    Season Dates: Open November 1, 2004, close February 8, 2005.
    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, end December 31, 2004.
    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.

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

Teal

    Season Dates: Open October 20, 2004, close January 29, 2005.
    Daily Bag Limit: Six teal.

Ducks

    Season Dates: Open October 20, 2004, and close February 21, 2005.
    Daily Bag Limit: Six ducks, including no more than two hen 
mallards, two black ducks, two mottled ducks, one fulvous whistling 
duck, four mergansers, three scaup, one hooded merganser, two wood 
ducks, one canvasback, two redheads, and one pintail. The season is 
closed for harlequin ducks.

[[Page 58242]]

Sea Ducks

    Season Dates: Open October 20, 2004, and close February 21, 2005.
    Daily Bag Limit: Seven ducks including no more than four of any one 
species (only one of which may be a hen eider).

Geese

    Season Dates: Open September 11, close September 25, 2004, and open 
November 8, 2004, close February 21, 2005.
    Daily Bag Limits: 5 Canada geese during the first period, 3 during 
the second, and 15 snow geese.

Woodcock

    Season Dates: Open October 16, and close November 30, 2004.
    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.
* * * * *

(v) 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, close September 15, 2004.
    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, close September 15, 2004.
    Daily Bag and Possession Limits: 10 and 20 doves, respectively.

Ducks (Including Mergansers)

    Pintails and Canvasbacks: Open October 9, close December 5, 2004.
    Other ducks: Open October 9, 2004, close January 30, 2005.
    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 (when open). 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 9, 2004, close January 30, 2005.
    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 2004-05 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 2004-05 season.

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

Ducks

    Pintails and Canvasbacks (For nontribal hunters only): Open 
September 27, close October 26, 2004.
    Other ducks: Open September 27, close November 25, 2004, 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, 3 scaup, 1 black duck, 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.

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

Pintail and Canvasback

    Season Dates: Open October 9, close November 30, 2004.

Other Ducks (Including Mergansers)

    Season Dates: Open October 9, close November 30, 2004.
    Daily Bag and Possession Limits: The daily bag limit is seven, 
including no more than two hen mallards, one pintail, one canvasback, 
two redheads, and four scaup. The possession limit is twice the daily 
bag limit.

Canada Geese

    Season Dates: Open October 9, close November 30, 2004.
    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.

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

Ducks

    Season Dates: Open October 1, 2004, close January 28, 2005.
    Daily Bag and Possession Limits: 9 and 18 ducks, respectively.

Coots

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

[[Page 58243]]

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.

(z) 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 2, 2004, close March 7, 2005.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (only one of which may be a hen), three 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 16, 2004, close March 7, 2005.
    Daily Bag and Possession Limits: Three and six, respectively.
    White-fronted Geese
    Season Dates: Open October 16, 2004, close March 7, 2005.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open October 16, 2004, close March 7, 2005
    Daily Bag and Possession Limits: 20 and 40, respectively.

Youth Waterfowl Hunt

    Season Dates: Open September 25, close September 26, 2004.
    Daily Bag and Possession Limits: Same as above.

Nontribal Hunters

Pintail

    Season Dates: Open October 23, close November 21, 2004.

Other Dockets (Including Mergansers and Coots)

    Season Dates: Open October 2, 2004, close January 6, 2005.
    Daily Bag and Possession Limits: Six ducks, including no more than 
five mallards (only one of which may be a hen), three scaup, one 
mottled duck, two redheads, two wood ducks, and one pintail (when 
open). 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 16, 2004, close January 18, 2005.
    Daily Bag and Possession Limits: Three and six, respectively.

White-fronted Geese

    Season Dates: Open October 16, 2004, close January 9, 2005.
    Daily Bag and Possession Limits: Two and four, respectively.

Light Geese

    Season Dates: Open October 16, 2004, close January 15, 2005, and 
open February 26, close March 10, 2005.
    Daily Bag and Possession Limits: 20 and 40, respectively.

Youth Waterfowl Hunt

    Season Dates: Open September 25, close September 26, 2004.
    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.

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

Pintails and Canvasbacks

    Season Dates: Open October 2, close November 30, 2004.

Other Ducks

    Season Dates: Open October 2, 2004, close January 14, 2005.
    Daily Bag and Possession Limits: Seven ducks, including no more 
than two hen mallards, one pintail (when open), 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.

Geese

    Season Dates: Open October 2, 2004, close January 14, 2005.
    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.

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

Pintails

    Season dates: Open October 1, close November 30, 2004.

Ducks (Including Mergansers)

    Season Dates: Open October 1, 2004, close January 31, 2005.
    Daily Bag and Possession Limits: 10 including no more than five hen 
mallards, two pintail, seven scaup, and five redheads. The season on 
canvasbacks is closed. The possession limit is twice the daily bag 
limit.

Geese

    Season Dates: Same as ducks.
    Daily Bag and Possession Limits: Six and twelve, respectively. The 
daily bag limit on brant is three.

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.

[[Page 58244]]

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

Off Reservation

Ducks (Including Mergansers)

    Season Dates: Open September 27, 2004, close February 25, 2005.
    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, 2004, close March 9, 2005.
    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.

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

Ducks (Including Mergansers)

    Pintails and Canvasbacks: Open October 9, close November 16, 2004.
    Other ducks: Open October 9, close December 21, 2004.
    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 (when open), three 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, 2004, close January 31, 2005.
    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, 2004, close January 19, 2005.
    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 24, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-21827 Filed 9-24-04; 4:50 pm]
BILLING CODE 4310-55-P`