58236 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

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.

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 lateseason 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 bluewinged 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 

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

58238 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

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 § 20.110 

was published at 69 FR 53990, 

September 3, 2004.)

§ 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. 

Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58239

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 earlyseason, 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.

* * * * *

58240 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

(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. 

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

58242 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

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 Serviceapproved 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. 

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

58244 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

(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