51984 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

RIN 1018–AT76 

Migratory Bird Hunting; Migratory Bird 

Hunting Regulations on Certain 

Federal Indian Reservations and 

Ceded Lands for the 2005–06 Early 

Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: This rule prescribes special 

early season migratory bird hunting 

regulations for certain tribes on Federal 

Indian reservations, off-reservation trust 

lands, and ceded lands. This 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 1, 2005. 

ADDRESSES: You may inspect comments 

received on the proposed 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 (MBTA) 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 the August 5, 2005, Federal 

Register (70 FR 45336), we proposed 

special migratory bird hunting 

regulations for the 2005–06 hunting 

season for certain Indian tribes, under 

the guidelines described in the June 4, 

1985, Federal Register (50 FR 23467). 

The guidelines respond to tribal 

requests for Service recognition of their 

reserved hunting rights, and for some 

tribes, recognition of their authority to 

regulate hunting by both tribal members 

and nonmembers on their reservations. 

The guidelines include possibilities for: 

(1) On-reservation hunting by both 

tribal members and nonmembers, with 

hunting by nontribal members on some 

reservations to take place within Federal 

frameworks but on dates different from 

those selected by the surrounding 

State(s); 

(2) On-reservation hunting by tribal 

members only, outside of usual Federal 

frameworks for season dates and length, 

and for daily bag and possession limits; 

and 

(3) Off-reservation hunting by tribal 

members on ceded lands, outside of 

usual framework dates and season 

length, with some added flexibility in 

daily bag and possession limits. 

In all cases, the regulations 

established under the guidelines must 

be consistent with the March 10– 

September 1 closed season mandated by 

the 1916 Migratory Bird Treaty with 

Canada. 

In the April 6, 2005, Federal Register 

(70 FR 17574), we requested that tribes 

desiring special hunting regulations in 

the 2005–06 hunting season submit a 

proposal including details on: 

(a) Harvest anticipated under the 

requested regulations; 

(b) Methods that would be employed 

to measure or monitor harvest (such as 

bag checks, mail questionnaires, etc.); 

(c) Steps that would be taken to limit 

level of harvest, where it could be 

shown that failure to limit such harvest 

would adversely impact the migratory 

bird resource; and 

(d) Tribal capabilities to establish and 

enforce migratory bird hunting 

regulations. 

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 proposed rule included 

generalized regulations for both earlyand late-season hunting, this 

rulemaking addresses only the earlyseason proposals. Late-season hunting 

will be addressed in late-September. 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 October 1 or later 

each year and have a primary emphasis 

on waterfowl. 

Population Status and Harvest 

The following paragraphs provide a 

brief summary of information on the 

status and harvest of waterfowl 

excerpted from various reports. For 

more detailed information on 

methodologies and results, you may 

obtain complete copies of the various 

reports at the address indicated under 

ADDRESSES or from our Web site at 

http://migratorybirds.fws.gov. 

Status of Ducks 

Federal, provincial, and State 

agencies conduct surveys each spring to 

estimate the size of breeding 

populations and to evaluate the 

conditions of the habitats. These 

surveys are conducted using fixed-wing 

aircraft and helicopters and encompass 

principal breeding areas of North 

America, and more than 2.0 million 

square miles. The Traditional survey 

area comprises Alaska, Canada, and the 

northcentral United States, and includes 

approximately 1.3 million square miles. 

The Eastern survey area includes parts 

of Ontario, Quebec, Labrador, 

Newfoundland, Nova Scotia, Prince 

Edward Island, New Brunswick, New 

York, and Maine, an area of 

approximately 0.7 million square miles. 

Breeding Ground Conditions 

Habitat conditions at the time of the 

survey in May 2005 were variable, with 

some areas improved relative to last 

year and others remaining or becoming 

increasingly dry. The total May pond 

estimate (Prairie and Parkland Canada 

and the northcentral U.S. combined) 

was 5.4 ± 0.2 million ponds. This was 

37 percent greater than last year’s 

estimate of 3.9 ± 0.2 million ponds and 

12 percent higher than the long-term 

average of 4.8 ± 0.1 million ponds. 

Habitat in the surveyed portion of the 

U.S. prairies was in fair to poor 

condition due to a dry fall, winter, and 

early spring and warm winter 

temperatures. Nesting habitat was 

particularly poor in South Dakota 

because of below average precipitation 

resulting in degraded wetland 

conditions and increased tilling and 

grazing of wetland margins. Birds may 

have overflown the State for wetter 

conditions to the north. Water levels 

and upland nesting cover were 

relatively better in North Dakota and 

eastern Montana, and wetland 

conditions in these regions improved 

markedly during June following the 

survey, with the onset of well-above 

average precipitation. The 2005 pond 

estimate for north-central U.S. (1.5 ± 0.1 

million) was similar to last year’s 

estimate. 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51985 

The prairies of southern Alberta and 

southwestern Saskatchewan were also 

quite dry in early May. The U.S. and 

Canadian prairies received substantial 

rain in late May and during the entire 

month of June that recharged wetlands 

and encouraged growth of vegetation. 

While this rain improved habitat quality 

on the Prairies, it probably came too late 

to benefit early-nesting species or 

prevent overflight. This heavy rain 

likely benefited late-nesting species and 

improved renesting. Record high rains 

flooded the lower elevation prairie areas 

of central Manitoba during April, 

producing fair or poor nesting 

conditions for breeding waterfowl. In 

contrast, the Canadian Parklands were 

much improved compared to last year, 

due to several years of improving 

nesting cover and above-normal 

precipitation last fall and winter. These 

areas were in good-to-excellent 

condition at the start of the survey and 

remained so into July. Overall, the May 

pond estimate in Prairie and Parkland 

Canada was 3.9 ± 0.2 million. This was 

a 56 percent increase over last year’s 

estimate of 2.5 ± 0.1 million ponds and 

17 percent higher than the long-term 

average of 3.3 ± 0.3 million ponds. 

Portions of northern Manitoba and 

northern Saskatchewan also 

experienced flooding, resulting in only 

fair conditions for breeding waterfowl. 

In contrast, most of the Northwest 

Territories was in good condition due to 

adequate water and a timely spring 

break-up that made habitat available to 

early-nesting species. However, dry 

conditions in eastern parts of the 

Northwest Territories and northern 

Alberta resulted in low water levels in 

lakes and ponds and the complete 

drying of some wetlands. Therefore, 

habitat was also classified as fair in 

these areas. 

For the most part, habitats in Alaska 

were in excellent condition, with an 

early spring and good water levels, 

except for a few flooded river areas and 

on the North Slope, where spring was 

late. 

In the Eastern Survey Area (strata 51–

72), habitat conditions were generally 

good due to adequate water and 

relatively mild spring temperatures. 

Exceptions were the coast of Maine and 

the Atlantic Provinces, where May 

temperatures were cool and some 

flooding occurred along the coast and 

major rivers. Also, below-normal 

precipitation left some habitat in fair to 

poor condition in southern Ontario. 

However, precipitation in southern 

Ontario after survey completion 

improved habitat conditions in that 

region. 

Breeding Population Status 

In the Waterfowl Breeding Population 

and Habitat Survey traditional survey 

area (strata 1–18, 20–50, and 75–77), the 

total duck population estimate was 31.7 

± 0.6 [SE] million birds, similar to last 

year’s estimate of 32.2 ± 0.6 million 

birds but 5 percent below the 1955–

2004 long-term average. Mallard (Anas 

platyrhynchos) abundance was 6.8 ± 0.3 

million birds, which was 9 percent 

below last year’s estimate of 7.4 ± 0.3 

million birds and 10 percent below the 

long-term average. Blue-winged teal (A. 

discors) abundance was 4.6 ± 0.2 

million birds, similar to last year’s 

estimate of 4.1 ± 0.2 million birds, and 

the long-term average. Of the other duck 

species, the gadwall estimate (A. 

strepera; 2.2 ± 0.1 million) was 16 

percent below that of 2004, while 

estimates of northern pintails (A. acuta; 

2.6 ± 0.1 million; +17 percent) and 

northern shovelers (A. clypeata; 3.6 ± 

0.2 million; +28 percent) were 

significantly above 2004 estimates. The 

estimate for northern shovelers was 67 

percent above the long-term average for 

this species, as were estimates of 

gadwall (+30 percent) and green-winged 

teal (A. crecca; 2.2 ± 0.1 million; +16 

percent). Northern pintails remained 38 

percent below their long-term average 

despite this year’s increase in 

abundance. Estimates of American 

wigeon (A. americana; 2.2 ± 0.1 million; 

¥15 percent) and scaup (Aythya affinis 

and A. marila combined; 3.4 ± 0.2; ¥35 

percent) also were below their 

respective long-term averages; the 

estimate for scaup was a record low. 

Abundances of redheads (A. americana) 

and canvasbacks (A. valisineria) were 

similar to last year’s counts and longterm averages. 

The eastern survey area was 

restratified, and is now composed of 

strata 51–72. Mergansers (red-breasted 

[Mergus serrator], common [M. 

merganser], and hooded [Lophodytes 

cucullatus;]; ¥25 percent), mallards 

(¥36 percent), American black ducks 

(A. rubripes, ¥24 percent), and greenwinged teal (¥46 percent) were all 

below their 2004 estimates. Ring-necked 

ducks (Aythya collaris) and goldeneyes 

(common [Bucephala clangula] and 

Barrow’s [B. islandica]) were similar to 

their 2004 estimates. No species in the 

eastern survey area differed from their 

long-term averages. 

Fall Flight Estimate 

The mid-continent mallard 

population is composed of mallards 

from the traditional survey area, 

Michigan, Minnesota, and Wisconsin, 

and is 7.5 ± 0.3 million, which is 10 

percent lower than the 2004 estimate of 

8.3 ± 0.3 million. The 2005 midcontinent mallard fall-flight index is 9.3 

± 0.1 million, similar to the 2004 

estimate of 9.4 ± 0.1 million birds. 

These indices were based on revised 

mid-continent mallard population 

models and, therefore, differ from those 

previously published. 

Status of Geese and Swans 

We provide information on the 

population status and productivity of 

North American Canada geese (Branta 

canadensis), brant (B. bernicla), snow 

geese (Chen caerulescens), Ross’ geese 

(C. rossii), emperor geese (C. canagica), 

white-fronted geese (Anser albifrons), 

and tundra swans (Cygnus 

columbianus). The timing of spring 

snowmelt in important goose and swan 

nesting areas in most of the Arctic and 

subarctic was near average, or earlier 

than average in 2005. Delayed nesting 

phenology or reduced nesting effort was 

indicated for only Alaska’s North Slope 

and areas of the eastern Canadian High 

Arctic. Primary abundance indices in 

2005 increased from 2004 levels for 12 

goose populations and decreased for 13 

goose populations. Primary indices in 

2005 increased for western tundra 

swans and decreased for eastern tundra 

swans. Of these 27 populations, the 

Atlantic, Eastern Prairie, Mississippi 

Flyway Giant, and Aleutian Canada 

goose populations, and the Western 

Arctic/Wrangel Island snow goose 

population displayed significant 

positive trends during the most recent 

10-year period. Only Short Grass Prairie 

Population Canada geese and Pacific 

brant displayed significant negative 10- 

year trends. The forecast for the 

production of geese and swans in North 

America in 2005 is generally favorable 

and improved from that of 2004. 

Waterfowl Harvest and Hunter Activity 

During the 2004–05 hunting season, 

both duck and goose harvest decreased 

from the previous year. U.S. hunters 

harvested 12,312,200 ducks in 2004–05 

compared to 13,165,500 in 2003–04, and 

they harvested 3,189,700 geese, 

compared to 3,828,200 geese taken in 

2003–04. The five most commonly 

harvested duck species were mallard 

(4,531,600), green-winged teal 

(1,373,600), gadwall (1,364,000), wood 

duck (1,105,500), and wigeon (750,600). 

Comments and Issues Concerning 

Tribal Proposals 

For the 2005–06 migratory bird 

hunting season, we proposed 

regulations for 28 tribes and/or Indian 

groups that followed the 1985 

guidelines and were considered 

51986 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

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 early-season proposals 

are included in this final rulemaking; 19 

tribes have proposals with early 

seasons. The comment period for the 

proposed rule, published on August 5, 

2005, closed on August 15, 2005. 

Because of the necessary brief comment 

period, we will respond to any 

comments on the proposed rule and/or 

these regulations postmarked by August 

15, but not received prior to final action 

by us, in the September late-season final 

rule. 

We received one comment regarding 

the notice of intent published on April 

6, 2005, which announced rulemaking 

on regulations for migratory bird 

hunting by American Indian tribal 

members. The Michigan Department of 

Natural Resources commented on the 

establishment of tribal regulations on 

1836 Treaty areas. Michigan believed it 

was premature of the Service to 

establish waterfowl regulations in areas 

covered by the 1836 Treaty until such 

time as the issue of 1836 Treaty hunting 

rights is affirmed by a court of 

competent jurisdiction. 

Service Response: We have addressed 

this issue several times in the last few 

years. Our position is that the Federal 

Government does recognize the Treaty 

of 1836 as reserving to the affected 

tribes or bands hunting rights in the 

ceded territory. Further, the Federal 

courts have already confirmed the 

retention of reserved fishing rights in 

the territory ceded by the Treaty of 1836 

in United States v. Michigan, 471 

F.Supp. 192 (W.D. Mich. 1979), 

remanded, 623 F.2d 448 (6th Cir. 1980), 

order modified, 653 F.2d 277 (6th Cir. 

1981), cert. denied, 454 U.S. 1124 

(1981). That case and cases dealing with 

other treaty cessions, such as Lac Courte 

Oreilles v. Wisconsin (i.e., both the 1837 

and the 1842 Treaties), provide 

persuasive precedent for the belief that 

hunting as well as fishing rights were 

reserved by the tribes in the Treaty of 

1836. We have not altered our position 

on this matter. 

NEPA Consideration 

NEPA considerations are covered by 

the programmatic document, ‘‘Final 

Supplemental Environmental Impact 

Statement: Issuance of Annual 

Regulations Permitting the Sport 

Hunting of Migratory Birds (FSES 88–

14),’’ filed with the Environmental 

Protection Agency on June 9, 1988. We 

published Notice of Availability in the 

Federal Register on June 16, 1988 (53 

FR 22582) and our Record of Decision 

on August 18, 1988 (53 FR 31341). 

In addition, in a proposed rule 

published in the April 30, 2001, Federal 

Register (66 FR 21298), we expressed 

our intent to begin the process of 

developing a new EIS for the migratory 

bird hunting program. We plan to begin 

the public scoping process this year. 

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 1990–96, updated 

in 1998 and updated again in 2004. It is 

further discussed below under the 

heading Regulatory Flexibility Act. 

Results from the 2004 analysis indicate 

that the expected welfare benefit of the 

annual migratory bird hunting 

frameworks is on the order of $734 to 

$1,064 million, with a mid-point 

estimate of $899 million. Copies of the 

cost/benefit analysis are available upon 

request from the address indicated 

under ADDRESSES or from our Web site 

at http://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 1990–95. In 1995, the 

Service issued a Small Entity Flexibility 

Analysis (Analysis), which was 

subsequently updated in 1996, 1998, 

and 2004. The primary source of 

information about hunter expenditures 

for migratory game bird hunting is the 

National Hunting and Fishing Survey, 

which is conducted at 5-year intervals. 

The 2004 Analysis was based on the 

2001 National Hunting and Fishing 

Survey and the U.S. Department of 

Commerce’s County Business Patterns, 

from which it was estimated that 

migratory bird hunters would spend 

between $481 million and $1.2 billion at 

small businesses in 2004. Copies of the 

Analysis are available upon request 

from the address indicated under 

ADDRESSES or from our Web site at 

http://www.migratorybirds.gov. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

For the reasons outlined above, this rule 

has an annual effect on the economy of 

$100 million or more. However, because 

this rule establishes hunting seasons, we 

do not plan to defer the effective date 

under the exemption contained in 5 

U.S.C. 808(1). 

Paperwork Reduction Act 

We examined these regulations under 

the Paperwork Reduction Act of 1995. 

The various recordkeeping and 

reporting requirements imposed under 

regulations established in 50 CFR part 

20, subpart K, are utilized in the 

formulation of migratory game bird 

hunting regulations. Specifically, OMB 

has approved the information collection 

requirements of the surveys associated 

with the Migratory Bird Harvest 

Information Program and assigned 

clearance number 1018–0015 (expires 

2/29/2008). This information is used to 

provide a sampling frame for voluntary 

national surveys to improve our harvest 

estimates for all migratory game birds in 

order to better manage these 

populations. 

A Federal agency may not conduct or 

sponsor and a person is not required to 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51987 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

Unfunded Mandates Reform Act 

We have determined and certify, in 

compliance with the requirements of the 

Unfunded Mandates Reform Act, 2 

U.S.C. 1502 et seq., that this rulemaking 

will not impose a cost of $100 million 

or more in any given year on local or 

State government or private entities. 

Therefore, this rule is not a ‘‘significant 

regulatory action’’ under the Unfunded 

Mandates Reform Act. 

Civil Justice Reform—Executive Order 

12988 

The Department, in promulgating this 

proposed rule, has determined that this 

proposed rule will not unduly burden 

the judicial system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of Executive Order 12988. 

Takings Implication Assessment 

In accordance with Executive Order 

12630, this proposed rule, authorized by 

the Migratory Bird Treaty Act, does not 

have significant takings implications 

and does not affect any constitutionally 

protected property rights. This rule will 

not result in the physical occupancy of 

property, the physical invasion of 

property, or the regulatory taking of any 

property. In fact, these rules allow 

hunters to exercise otherwise 

unavailable privileges and, therefore, 

reduce restrictions on the use of private 

and public property. 

Energy Effects—Executive Order 13211 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. While this 

proposed rule is a significant regulatory 

action under Executive Order 12866, it 

is not expected to adversely affect 

energy supplies, distribution, or use. 

Therefore, this action is not a significant 

energy action and no Statement of 

Energy Effects is required. 

Federalism Effects 

Due to the migratory nature of certain 

species of birds, the Federal 

Government has been given 

responsibility over these species by the 

Migratory Bird Treaty Act. We annually 

prescribe frameworks from which the 

States make selections regarding the 

hunting of migratory birds, and we 

employ guidelines to establish special 

regulations on Federal Indian 

reservations and ceded lands. This 

process preserves the ability of the 

States and tribes to determine which 

seasons meet their individual needs. 

Any State or Indian tribe may be more 

restrictive than the Federal frameworks 

at any time. The frameworks are 

developed in a cooperative process with 

the States and the Flyway Councils. 

This process allows States to participate 

in the development of frameworks from 

which they will make selections, 

thereby having an influence on their 

own regulations. These rules do not 

have a substantial direct effect on fiscal 

capacity, change the roles or 

responsibilities of Federal or State 

governments, or intrude on State policy 

or administration. Therefore, in 

accordance with Executive Order 13132, 

these regulations do not have significant 

federalism effects and do not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. 

Government-to-Government 

Relationship With Tribes 

Due to the migratory nature of certain 

species of birds, the Federal 

Government has been given 

responsibility over these species by the 

Migratory Bird Treaty Act. Thus, in 

accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on federally 

recognized Indian tribes and have 

determined that there are no effects on 

Indian trust resources. However, by 

virtue of the tribal proposals contained 

in this proposed rule, we have 

consulted with all the tribes affected by 

this rule. 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

■ 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 revised to read as 

follows: 

§ 20.110 Seasons, limits, and other 

regulations for certain Federal Indian 

reservations, Indian Territory, and ceded 

lands. 

(a) Colorado River Indian Tribes, 

Parker, Arizona (Tribal Members and 

Nontribal Hunters) 

Doves 

Season Dates: Open September 1, 

through September 15, 2005; then open 

November 12, through December 26, 

2005. 

Daily Bag and Possession Limits: For 

the early season, daily bag limit is 10 

mourning or 10 white-winged doves, 

singly, or in the aggregate. For the late 

season, the daily bag limit is 10 

mourning doves. Possession limits are 

twice the daily bag limits. 

General Conditions: All persons 14 

years and older must be in possession 

of a valid Colorado River Indian 

Reservation hunting permit 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 Hunters) 

Tribal Members Only 

Ducks (Including Mergansers) 

Season Dates: Open September 1, 

2005, through March 9, 2006. 

Daily Bag and Possession Limits: The 

Tribe does not have specific bag and 

possession restrictions for Tribal 

members. The season on harlequin duck 

is closed. 

Coots 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 

Same as ducks. 

Geese 

Season Dates: Same as ducks. 

Daily Bag and Possession Limits: 

Same as ducks. 

General Conditions: Tribal 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. 

51988 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

(c) Crow Creek Sioux Tribe, Crow 

Creek Indian Reservation, Fort 

Thompson, South Dakota (Tribal 

Members and Nontribal Hunters) 

Sandhill Cranes 

Season Dates: Open September 10, 

through October 16, 2005. 

Daily Bag Limit: Three sandhill 

cranes. 

Permits: Each person participating in 

the sandhill crane season must have a 

valid Federal sandhill crane hunting 

permit in his or her possession while 

hunting. 

Doves 

Season Dates: Open September 1, 

through October 30, 2005. 

Daily Bag Limit: 15 mourning doves. 

General Conditions: The possession 

limit is twice the daily bag limit. 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. 

(d) Fond du Lac Band of Lake Superior 

Chippewa Indians, Cloquet, Minnesota 

(Tribal Members Only) 

All seasons in Minnesota, 1854 and 

1837 Treaty Zones: 

Doves 

Season Dates: Open September 1, 

through October 30, 2005. 

Daily Bag Limit: 12 doves. 

Ducks and Mergansers 

Season Dates: Open September 15, 

through December 1, 2005. 

Daily Bag Limit for Ducks: 18 ducks, 

including no more than 12 mallards 

(only 6 of which may be hens), 3 black 

ducks, 6 scaup, 4 wood ducks; 6 

redheads, 3 pintails and 3 canvasbacks. 

Daily Bag Limit for Mergansers: 15 

mergansers, including no more than 3 

hooded mergansers. 

Canada Geese 

Season Dates: Open September 1, 

through December 1, 2005. 

Daily Bag Limit: 12 geese. 

Coots and Common Moorhens 

(Gallinule) 

Season Dates: Open September 15, 

through December 1, 2005. 

Daily Bag Limit: 20 coots and 

common moorhens, singly or in the 

aggregate. 

Sora and Virginia Rails 

Season Dates: Open September 1, 

through December 1, 2005. 

Daily Bag Limit: 25 sora and Virginia 

rails, singly or in the aggregate. There is 

no possession limit. 

Common Snipe and Woodcock 

Season Dates: Open September 1, 

through December 1, 2005. 

Daily Bag Limit: Eight snipe and three 

woodcock. 

General Conditions: 

1. While hunting waterfowl, a tribal 

member must carry on his/her person a 

valid tribal waterfowl hunting permit. 

2. Except as otherwise noted, tribal 

members will be required to comply 

with tribal codes that will be no less 

restrictive than the provisions of 

Chapter 10 of the Model Off-Reservation 

Code. Except as modified by the Service 

rules adopted in response to this 

proposal, these amended regulations 

parallel Federal requirements in 50 CFR 

part 20 as to hunting methods, 

transportation, sale, exportation, and 

other conditions generally applicable to 

migratory bird hunting. 

3. Band members in each zone will 

comply with State regulations providing 

for closed and restricted waterfowl 

hunting areas. 

4. There are no possession limits on 

any species, unless otherwise noted 

above. For purposes of enforcing bag 

and possession limits, all migratory 

birds in the possession or custody of 

band members on ceded lands will be 

considered to have been taken on those 

lands unless tagged by a tribal or State 

conservation warden as having been 

taken on-reservation. All migratory 

birds that fall on reservation lands will 

not count as part of any off-reservation 

daily bag or possession limit. 

(e) Grand Traverse Band of Ottawa and 

Chippewa Indians, Suttons Bay, 

Michigan (Tribal Members Only) 

All seasons in Michigan, 1836 Treaty 

Zone: 

Ducks 

Season Dates: Open September 15, 

2005, through January 15, 2006. 

Daily Bag Limit: 12 ducks, which may 

include no more than 2 pintail, 2 

canvasback, 3 black ducks, 1 hooded 

merganser, 3 wood ducks, 3 redheads, 

and 6 mallards (only 3 of which may be 

hens). 

Canada Geese 

Season Dates: Open September 1, 

through November 30, and open January 

1, 2006, through February 8, 2006. 

Daily Bag Limit: Five geese. 

Other Geese (White-Fronted Geese, 

Snow Geese, and Brant) 

Season Dates: Open September 20, 

through November 30, 2005. 

Daily Bag Limit: Five geese. 

Sora Rails, Common Snipe, and 

Woodcock 

Season Dates: Open September 1, 

through November 14, 2005. 

Daily Bag Limit: Ten rails, ten snipe, 

and five woodcock. 

Mourning Doves 

Season Dates: Open September 1, 

through November 14, 2005. 

Daily Bag Limit: Ten mourning doves. 

General Conditions: A valid Grand 

Traverse Band Tribal license is required 

and must be in possession before taking 

any wildlife. All other basic regulations 

contained in 50 CFR part 20 are valid. 

Other tribal regulations apply, and may 

be obtained at the tribal office in 

Suttons Bay, Michigan. 

(f) Great Lakes Indian Fish and Wildlife 

Commission, Odanah, Wisconsin 

(Tribal Members Only) 

Ducks 

A. Wisconsin and Minnesota 1837 

and 1842 Zones: 

Season Dates: Open September 15, 

through December 1, 2005. 

Daily Bag Limit: 20 ducks, including 

no more than 10 mallards (only 5 of 

which may be hens), 4 black ducks, 4 

redheads, 4 pintails, and 2 canvasbacks. 

B. Michigan 1836 and 1842 Treaty 

Zones: 

Season Dates: Open September 15, 

through December 1, 2005. 

Daily Bag Limit: 10 ducks, including 

no more than 5 mallards (only 2 of 

which may be hens), 2 black ducks, 2 

redheads, 2 pintails, and 1 canvasback. 

Mergansers: All Ceded Areas 

Season Dates: Open September 15, 

through December 1, 2005. 

Daily Bag Limit: Five mergansers. 

Geese: All Ceded Areas 

Season Dates: Open September 1, 

through December 1, 2005. In addition, 

any portion of the ceded territory that is 

open to State-licensed hunters for goose 

hunting after December 1 shall also be 

open concurrently for tribal members. 

Daily Bag Limit: 10 geese in the 

aggregate. 

Other Migratory Birds: All Ceded 

Areas except where noted below. 

A. Coots and Common Moorhens 

(Common Gallinules) 

Season Dates: Open September 15, 

through December 1, 2005. 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51989 

Daily Bag Limit: 20 coots and 

common moorhens (common 

gallinules), singly or in the aggregate. 

B. Sora and Virginia Rails 

Season Dates: Open September 15, 

through December 1, 2005. 

Daily Bag Limit: 25 sora and Virginia 

rails singly, or in the aggregate. 

Possession Limit: 25. 

C. Common Snipe 

Season Dates: Open September 15, 

through December 1, 2005. 

Daily Bag Limit: Eight common snipe. 

D. Woodcock 

Season Dates: Open September 6, 

through December 1, 2005. 

Daily Bag Limit: Five woodcock. 

E. Mourning Doves: 1837 and 1842 

Ceded Territories 

Season Dates: Open September 1, 

through October 30, 2005. 

Daily Bag Limit: 15 mourning doves. 

General Conditions: 

A. All tribal members will be required 

to obtain a valid tribal waterfowl 

hunting permit. 

B. Except as otherwise noted, tribal 

members will be required to comply 

with tribal codes that will be no less 

restrictive than the model ceded 

territory conservation codes approved 

by Federal courts in the Lac Courte 

Oreilles v. State of Wisconsin (Voigt) 

and Mille Lacs Band v. State of 

Minnesota cases. The respective 

Chapters 10 of these model codes 

regulate ceded territory migratory bird 

hunting. They parallel Federal 

requirements as to hunting methods, 

transportation, sale, exportation, and 

other conditions generally applicable to 

migratory bird hunting. They also 

automatically incorporate by reference 

the Federal migratory bird regulations 

adopted in response to this proposal. 

C. Particular regulations of note 

include: 

1. Nontoxic shot will be required for 

all off-reservation waterfowl hunting by 

tribal members. 

2. Tribal members in each zone will 

comply with tribal regulations 

providing for closed and restricted 

waterfowl hunting areas. These 

regulations generally incorporate the 

same restrictions contained in parallel 

State regulations. 

3. Possession limits for each species 

are double the daily bag limit, except on 

the opening day of the season, when the 

possession limit equals the daily bag 

limit, unless otherwise noted above. 

Possession limits are applicable only to 

transportation and do not include birds 

that are cleaned, dressed, and at a 

member’s primary residence. For 

purposes of enforcing bag and 

possession limits, all migratory birds in 

the possession and custody of tribal 

members on ceded lands will be 

considered to have been taken on those 

lands unless tagged by a tribal or State 

conservation warden as taken on 

reservation lands. All migratory birds 

that fall on reservation lands will not 

count as part of any off-reservation daily 

bag or possession limit. 

4. The baiting restrictions can be 

obtained at the Tribal office in the 

model ceded territory conservation 

codes. These codes will be amended to 

include language that parallels that in 

place for nontribal members as 

published by the Service in the June 3, 

1999, Federal Register (64 FR 29804). 

5. The shell limit restrictions of the 

model ceded territory conservation 

codes will be removed. 

D. Michigan—Duck Blinds and 

Decoys. 

Tribal members hunting in Michigan 

will comply with tribal codes that 

contain provisions parallel to Michigan 

law regarding duck blinds and decoys. 

(g) Kalispel Tribe, Kalispel Reservation, 

Usk, Washington (Tribal Members and 

Nontribal Hunters) 

Nontribal Hunters on Reservation 

Geese 

Season Dates: Open September 3, 

2005, through September 18, for the 

early-season, and open October 1, 

through January 31, 2006, for the lateseason. 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 

Canada geese for the early season, and 

3 light geese and 4 dark geese, for the 

late season. The daily bag limit is 2 

brant and is in addition to dark goose 

limits for the late-season. The 

possession limit is twice the daily bag 

limit. 

Tribal Hunters Within Kalispel Ceded 

Lands 

Ducks 

Season Dates: Open September 1, 

2005, through January 31, 2006. 

Daily Bag and Possession Limits: 7 

ducks, including no more than 2 female 

mallards, 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, 

2005, through January 31, 2006. 

Daily Bag Limit: 3 light geese and 4 

dark geese. The daily bag limit is 2 brant 

and is in addition to dark goose limits. 

General: Tribal members must possess 

a validated Migratory Bird Hunting and 

Conservation Stamp and a tribal ceded 

lands permit. 

(h) Leech Lake Band of Ojibwe, Cass 

Lake, Minnesota (Tribal Members Only) 

Ducks 

Season Dates: Open September 17, 

through December 31, 2005. 

Daily Bag Limits: 10 ducks. 

Geese 

Season Dates: Open September 1, 

through December 31, 2005. 

Daily Bag Limits: 10 geese. 

General: Possession limits are twice 

the daily bag limits. Shooting hours are 

one-half hour before sunrise to one-half 

hour after sunset. Nontoxic shot is 

required. Use of live decoys, bait, and 

commercial use of migratory birds are 

prohibited. Waterfowl may not be 

pursued or taken while using motorized 

craft. 

(i) Little River Band of Ottawa Indians, 

Manistee, Michigan (Tribal Members 

Only) 

Ducks 

Season Dates: Open September 15, 

2005, through January 20, 2006. 

Daily Bag and Possession Limits: 12 

ducks, including no more than 2 pintail, 

2 canvasback, 1 hooded merganser, 3 

black ducks, 3 wood ducks, 3 redheads, 

and 6 mallards (only 3 of which may be 

hens). The possession limit is twice the 

daily bag limit. 

Canada Geese 

Season Dates: Open September 1, 

through February 8, 2006. 

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, 

through November 30, 2005. 

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, 

through November 14, 2005. 

Daily Bag and Possession Limits: 10 

doves, 10 rails, 10 snipe, and 5 

woodcock. The possession limit is twice 

the daily bag limit. 

General: 

51990 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

A. All tribal members are required to 

obtain a valid tribal resource card and 

2005–06 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. 

(j) The Little Traverse Bay Bands of 

Odawa Indians, Petoskey, Michigan 

(Tribal Members Only) 

Ducks 

Season Dates: Open September 15, 

2005, through January 20, 2006. 

Daily Bag Limits: 12 ducks, including 

no more than 6 mallards (only 3 of 

which may be hens), 3 black ducks, 3 

redheads, 3 wood ducks, 2 pintail, 1 

hooded merganser, and 2 canvasback. 

Canada Geese 

Season Dates: Open September 1, 

2005, through February 8, 2006. 

Daily Bag Limit: Five geese. 

White-Fronted Geese, Snow Geese, and 

Brant 

Season Dates: Open September 1, 

through November 30, 2005. 

Daily Bag Limit: 10 of each species. 

Sora Rails, Snipe, and Mourning Doves 

Season Dates: Open September 1, 

through November 14, 2005. 

Daily Bag Limit: 10 of each species. 

Woodcock 

Season Dates: Open September 1, 

through November 14, 2005. 

Daily Bag Limit: Five woodcock. 

General: Possession limits are twice 

the daily bag limits. 

(k) Lower Elwha Klallam Tribe, Port 

Angeles, Washington (Tribal Members 

Only) 

Ducks and Mergansers 

Season Dates: Open September 15, 

through December 30, 2005. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, one pintail, one 

canvasback, and two redheads. Bag and 

possession limits on harlequin duck are 

one per season. Possession limit is twice 

the daily bag limit. 

Geese 

Season Dates: Open September 15, 

through December 30, 2005. 

Daily Bag and Possession Limits: Four 

geese, and may include no more than 

three light geese. The season on 

Aleutian Canada geese is closed. The 

possession limit is twice the daily bag 

limit. 

Brant 

Season Dates: Open November 1, 

2005, through February 15, 2006. 

Daily Bag and Possession Limits: Two 

brant. The possession limit is twice the 

daily bag limit. 

Coots 

Season Dates: Open September 15, 

through December 30, 2005. 

Daily Bag Limits: 25 coots. 

Mourning Doves 

Season Dates: Open September 15, 

through December 30, 2005. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

Snipe 

Season Dates: Open September 15, 

through December 30, 2005. 

Daily Bag and Possession Limits: 10 

and 20 snipe, respectively. 

Band-Tailed Pigeon 

Season Dates: Open September 15, 

through December 30, 2005. 

Daily Bag and Possession Limits: 2 

and 4 pigeons, respectively. 

General Conditions: All hunters 

authorized to hunt migratory birds on 

the reservation must obtain a tribal 

hunting permit from the Tribe. Hunters 

are also required to adhere to a number 

of special regulations available at the 

tribal office. 

(l) Makah Indian Tribe, Neah Bay, 

Washington (Tribal Members) 

Band-Tailed Pigeons 

Season Dates: Open September 1, 

through October 31, 2005. 

Daily Bag Limit: Two band-tailed 

pigeons. 

Ducks and Coots 

Season Dates: Open September 25, 

2005, through January 19, 2006. 

Daily Bag Limit: Seven ducks 

including no more than one redhead, 

one pintail, and one canvasback. The 

seasons on wood duck and harlequin 

are closed. 

Geese 

Season Dates: Open September 25, 

2005, through January 19, 2006. 

Daily Bag Limit: Four. The seasons on 

Aleutian and dusky Canada geese are 

closed. 

General: All other Federal regulations 

contained in 50 CFR part 20 would 

apply. The following restrictions are 

also proposed by the Tribe: 

(1) As per Makah Ordinance 44, only 

shotguns may be used to hunt any 

species of waterfowl. Additionally, 

shotguns must not be discharged within 

0.25 miles of an occupied area; 

(2) Hunters must be eligible, enrolled 

Makah tribal members and must carry 

their Indian Treaty Fishing and Hunting 

Identification Card while hunting. No 

tags or permits are required to hunt 

waterfowl; 

(3) The Cape Flattery area is open to 

waterfowl hunting, except in designated 

wilderness areas, or within 1 mile of 

Cape Flattery Trail, or in any area that 

is closed to hunting by another 

ordinance or regulation; 

(4) The use of live decoys and/or 

baiting to pursue any species of 

waterfowl is prohibited; 

(5) Steel or bismuth shot only for 

waterfowl is allowed; the use of lead 

shot is prohibited; 

(6) The use of dogs is permitted to 

hunt waterfowl. 

(m) Navajo Indian Reservation, 

Window Rock, Arizona (Tribal 

Members and Nonmembers) 

Band-Tailed Pigeons 

Season Dates: Open September 1, 

through September 30, 2005. 

Daily Bag and Possession Limits: 5 

and 10 pigeons, respectively. 

Mourning Doves 

Season Dates: Open September 1, 

through September 30, 2005. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

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 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51991 

Stamp) signed in ink across the 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) 

Geese 

Season Dates: Open September 1, 

through November 18, and open 

November 28, through December 31, 

2005. 

Daily Bag and Possession Limits: 

Three and six Canada geese, 

respectively. Hunters will be issued 

three tribal tags for geese in order to 

monitor goose harvest. An additional 

three tags will be issued each time birds 

are registered. A seasonal quota of 150 

birds is adopted. If the quota is reached 

before the season concludes, the season 

will be closed at that time. 

Woodcock 

Season Dates: Open September 10, 

through November 13, 2005. 

Daily Bag and Possession Limits: 5 

and 10 woodcock, respectively. 

Dove 

Season Dates: Open September 1, 

through November 13, 2005. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

General Conditions: Tribal member 

shooting hours are one-half hour before 

sunrise to one-half hour after sunset. 

Nontribal members hunting on the 

Reservation or on lands under the 

jurisdiction of the Tribe must comply 

with all State of Wisconsin regulations, 

including season dates, shooting hours, 

and bag limits, that differ from tribal 

member seasons. Tribal members and 

nontribal members hunting on the 

Reservation or on lands under the 

jurisdiction of the Tribe will observe all 

basic Federal migratory bird hunting 

regulations found in 50 CFR part 20, 

with the following exceptions: tribal 

members are exempt from the purchase 

of the Migratory Waterfowl Hunting and 

Conservation Stamp (Duck Stamp); and 

shotgun capacity is not limited to three 

shells. 

(o) Skokomish Tribe, Shelton, 

Washington (Tribal Members Only) 

Ducks and Mergansers 

Season Dates: Open September 16, 

through December 31, 2005. 

Daily Bag and Possession Limits: 

Seven ducks, including no more than 

two hen mallards, one pintail, one 

canvasback, one harlequin, and two 

redheads. Possession limit is twice the 

daily bag limit. 

Geese 

Season Dates: Open September 16, 

through December 31, 2005. 

Daily Bag and Possession Limits: Four 

geese, and may include no more than 

three light geese. The season on 

Aleutian Canada geese is closed. The 

possession limit is twice the daily bag 

limit. 

Coots 

Season Dates: Open September 16, 

through December 31, 2005. 

Daily Bag Limits: 25 coots. 

Mourning Doves 

Season Dates: Open September 16, 

through December 31, 2005. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

Snipe 

Season Dates: Open September 16, 

through December 31, 2005. 

Daily Bag and Possession Limits: 8 

and 16 snipe, respectively. 

Band-Tailed Pigeon 

Season Dates: Open September 16, 

through December 31, 2005. 

Daily Bag and Possession Limits: 2 

and 4 pigeons, respectively. 

General Conditions: All hunters 

authorized to hunt migratory birds on 

the reservation must obtain a tribal 

hunting permit from the respective 

Tribe. Hunters are also required to 

adhere to a number of special 

regulations available at the tribal office. 

(p) Squaxin Island Tribe, Squaxin 

Island Reservation, Shelton, 

Washington (Tribal Members Only) 

Ducks 

Season Dates: Open September 1, 

2005, through January 15, 2006. 

Daily Bag and Possession Limits: Five 

ducks, which may include only one 

canvasback. The season on harlequin 

ducks is closed. Possession limit is 

twice the daily bag limit. 

Geese 

Season Dates: Open September 15, 

2005, through January 15, 2006. 

Daily Bag and Possession Limits: Four 

geese, and may include no more than 

two snow geese. The season on Aleutian 

and cackling Canada geese is closed. 

Possession limit is twice the daily bag 

limit. 

Brant 

Season Dates: Open September 1, 

through December 31, 2005. 

Daily Bag and Possession Limits: Two 

and four brant, respectively. 

Coots 

Season Dates: Open September 1, 

2005, through January 15, 2006. 

Daily Bag Limits: 25 coots. 

Snipe 

Season Dates: Open September 15, 

2005, and through January 15, 2006. 

Daily Bag and Possession Limits: 8 

and 16 snipe, respectively. 

Band-Tailed Pigeons 

Season Dates: Open September 1, 

through December 31, 2005. 

Daily Bag and Possession Limits: 5 

and 10 pigeons, respectively. 

General Conditions: All tribal hunters 

must obtain a Tribal Hunting Tag and 

Permit from the Tribe’s Natural 

Resources Department and must have 

the permit, along with the member’s 

treaty enrollment card, on his or her 

person while hunting. Shooting hours 

are one-half hour before sunrise to onehalf hour after sunset, and steel shot is 

required for all migratory bird hunting. 

Other special regulations are available at 

the tribal office in Shelton, Washington. 

(q) Tulalip Tribes of Washington, 

Tulalip Indian Reservation, Marysville, 

Washington (Tribal Members and 

Nontribal Hunters) 

Tribal Members 

Ducks (Including Coots and Mergansers) 

Season Dates: Open September 15, 

2005, and through February 28, 2006. 

Daily Bag and Possession Limits: 8 

and 16 ducks, respectively, except that 

bag and possession limits may include 

no more than 2 female mallards, 1 

pintail, 4 scaup, and 2 redheads. 

Geese 

Season Dates: Open September 15, 

2005, and through February 28, 2006. 

Daily Bag and Possession Limits: 7 

and 14 geese, respectively; except that 

the bag limits may not include more 

than 2 brant and 1 cackling Canada 

goose. For those tribal members who 

engage in subsistence hunting, the 

Tribes set a maximum annual bag limit 

of 365 ducks and 365 geese. 

Snipe 

Season Dates: Open September 15, 

2005, through February 28, 2006. 

Daily Bag and Possession Limits: 8 

and 16, respectively. 

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 

51992 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

older, hunting pursuant to Tulalip 

Tribes’ Ordinance No. 67, must possess 

a valid Federal Migratory Bird Hunting 

and Conservation Stamp (Duck 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. 

(r) Upper Skagit Indian Tribe, Sedro 

Woolley, Washington (Tribal Members 

Only) 

Mourning Dove 

Season Dates: Open September 1, 

through December 31, 2005. 

Daily Bag and Possession Limits: 12 

and 15 mourning doves, respectively. 

Tribal members must have the tribal 

identification and harvest report card on 

their person to hunt. Tribal members 

hunting on the Reservation will observe 

all basic Federal migratory bird hunting 

regulations found in 50 CFR part 20, 

except shooting hours would be onehalf hour before official sunrise to onehalf hour after official sunset. 

(s) Wampanoag Tribe of Gay Head, 

Aquinnah, Massachusetts (Tribal 

Members Only) 

Canada Geese 

Season Dates: Open September 11, 

and through September 25, and open 

November 1, through February 28, 2006. 

Daily Bag Limits: 5 Canada geese 

during the first period, 3 during the 

second. 

Snow Geese 

Season Dates: Open September 11, 

2005, and through September 25, 2005. 

Daily Bag Limits: 15 snow geese. 

General Conditions: Shooting hours 

are one-half hour before sunrise to 

sunset. Nontoxic shot is required. All 

basic Federal migratory bird hunting 

regulations contained in 50 CFR part 20 

will be observed. 

(t) White Earth Band of Ojibwe, White 

Earth, Minnesota (Tribal Members 

Only) 

Ducks and Mergansers 

Season Dates: Open September 17, 

through December 18, 2005. 

Daily Bag Limit for Ducks: 10 ducks, 

including no more than 2 mallards and 

1 canvasback. 

Daily Bag Limit for Mergansers: Five 

mergansers, including no more than two 

hooded mergansers. 

Geese 

Season Dates: Open September 1, 

through September 30, 2005, and open 

October 1, through December 18, 2005. 

Daily Bag Limit: Eight geese through 

September 30 and five thereafter. 

Coots 

Season Dates: Open September 3, 

through November 30, 2005. 

Daily Bag Limit: 20 coots. 

Sora and Virginia Rails 

Season Dates: Open September 3, 

through November 30, 2005. 

Daily Bag Limit: 25 sora and Virginia 

rails, singly or in the aggregate. 

Common Snipe and Woodcock 

Season Dates: Open September 3, 

through November 30, 2005. 

Daily Bag Limit: 10 snipe and 10 

woodcock. 

Mourning Dove 

Season Dates: Open September 3, 

through November 30, 2005. 

Daily Bag Limit: 25 doves. 

General Conditions: Shooting hours 

are one-half hour before sunrise to onehalf hour after sunset. Nontoxic shot is 

required. 

(u) White Mountain Apache Tribe, Fort 

Apache Indian Reservation, Whiteriver, 

Arizona (Tribal Members and Nontribal 

Hunters) 

Band-Tailed Pigeons (Wildlife 

Management Unit 10 and Areas South 

of Y–70 in Wildlife Management Unit 7, 

Only) 

Season Dates: Open September 1, 

through September 15, 2005. 

Daily Bag and Possession Limits: 

Three and six pigeons, respectively. 

Mourning Doves (Wildlife Management 

Unit 10 and Areas South of Y–70 in 

Wildlife Management Unit 7, Only) 

Season Dates: Open September 1, 

through September 15, 2005. 

Daily Bag and Possession Limits: 10 

and 20 doves, respectively. 

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. 

Dated: August 25, 2005. 

Paul Hoffman, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 05–17332 Filed 8–30–05; 8:45 am] 

BILLING CODE 4310–55–P