Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2005-06 Season, 45336-45352 [05-15531]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Proposed Rules]
[Pages 45336-45352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15531]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AT76


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (hereinafter, Service or 
we) proposes special migratory bird hunting regulations for certain 
Tribes on Federal Indian reservations, off-reservation trust lands, and 
ceded lands for the 2005-06 migratory bird hunting season.

DATES: We will accept all comments on the proposed regulations that are 
postmarked or received in our office by August 15, 2005.

ADDRESSES: Send your comments on these proposals to the Chief, Division 
of Migratory Bird Management, U.S. Fish and Wildlife Service, 
Department of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street, NW., 
Washington, DC 20240 or fax comments to (703) 358-2272. All comments 
received will become part of the public record. You may inspect

[[Page 45337]]

comments during normal business hours in room 4107, 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) 358-1714.

SUPPLEMENTARY INFORMATION: In the April 6, 2005, Federal Register (70 
FR 17574), we requested proposals from Indian Tribes wishing to 
establish special migratory bird hunting regulations for the 2005-06 
hunting season, under the guidelines described in the June 4, 1985, 
Federal Register (50 FR 23467). In this supplemental proposed rule, we 
propose special migratory bird hunting regulations for 28 Indian 
Tribes, based on the input we received in response to the April 6, 
2005, proposed rule. As described in that rule, the promulgation of 
annual migratory bird hunting regulations involves a series of 
rulemaking actions each year. This proposed rule is part of that 
series.
    We developed the guidelines for establishing special migratory bird 
hunting regulations for Indian Tribes in response to tribal requests 
for recognition of their reserved hunting rights and, for some Tribes, 
recognition of their authority to regulate hunting by both tribal and 
nontribal members on their reservations. The guidelines include 
possibilities for:
    (1) On-reservation hunting by both tribal and nontribal members, 
with hunting by nontribal members on some reservations to take place 
within Federal frameworks but on dates different from those selected by 
the surrounding State(s);
    (2) On-reservation hunting by tribal members only, outside of the 
usual Federal frameworks for season dates and length, and for daily bag 
and possession limits; and
    (3) Off-reservation hunting by tribal members on ceded lands, 
outside of usual framework dates and season length, with some added 
flexibility in daily bag and possession limits.
    In all cases, the regulations established under the guidelines must 
be consistent with the March 10 to September 1 closed season mandated 
by the 1916 Convention Between the United States and Great Britain (for 
Canada) for the Protection of Migratory Birds (Treaty). The guidelines 
apply to those Tribes having recognized reserved hunting rights on 
Federal Indian reservations (including off-reservation trust lands) and 
on ceded lands. They also apply to establishing migratory bird hunting 
regulations for nontribal members on all lands within the exterior 
boundaries of reservations where Tribes have full wildlife management 
authority over such hunting or where the Tribes and affected States 
otherwise have reached agreement over hunting by nontribal members on 
lands owned by non-Indians within the reservation.
    Tribes usually have the authority to regulate migratory bird 
hunting by nonmembers on Indian-owned reservation lands, subject to 
Service approval. The question of jurisdiction is more complex on 
reservations that include lands owned by non-Indians, especially when 
the surrounding States have established or intend to establish 
regulations governing hunting by non-Indians on these lands. In such 
cases, we encourage the Tribes and States to reach agreement on 
regulations that would apply throughout the reservations. When 
appropriate, we will consult with a Tribe and State with the aim of 
facilitating an accord. We also will consult jointly with tribal and 
State officials in the affected States where Tribes wish to establish 
special hunting regulations for tribal members on ceded lands.
    Because of past questions regarding interpretation of what events 
trigger the consultation process, as well as who initiates it, we 
provide the following clarification. We routinely provide copies of 
Federal Register publications pertaining to migratory bird management 
to all State Directors, Tribes, and other interested parties. It is the 
responsibility of the States, Tribes, and others to notify us of any 
concern regarding any feature(s) of any regulations. When we receive 
such notification, we will initiate consultation.
    Our guidelines provide for the continued harvest of waterfowl and 
other migratory game birds by tribal members on reservations where such 
harvest has been a customary practice. We do not oppose this harvest, 
provided it does not take place during the closed season defined by the 
Treaty, and does not adversely affect the status of the migratory bird 
resource. Before developing the guidelines, we reviewed available 
information on the current status of migratory bird populations; 
reviewed the current status of migratory bird hunting on Federal Indian 
reservations; and evaluated the potential impact of such guidelines on 
migratory birds. We concluded that the impact of migratory bird harvest 
by tribal members hunting on their reservations is minimal.
    One area of interest in Indian migratory bird hunting regulations 
relates to hunting seasons for nontribal members on dates that are 
within Federal frameworks, but which are different from those 
established by the State(s) where the reservation is located. A large 
influx of nontribal hunters onto a reservation at a time when the 
season is closed in the surrounding State(s) could result in adverse 
population impacts on one or more migratory bird species. The 
guidelines make this unlikely, however, because tribal proposals must 
include: (a) Harvest anticipated under the requested regulations; (b) 
methods that will be employed to measure or monitor harvest (such as 
bag checks, mail questionnaires, etc.); (c) steps that will be taken to 
limit level of harvest, where it could be shown that failure to limit 
such harvest would adversely impact the migratory bird resource; and 
(d) tribal capabilities to establish and enforce migratory bird hunting 
regulations. We may modify regulations or establish experimental 
special hunts, after evaluation and confirmation of harvest information 
obtained by the Tribes.
    We believe the guidelines provide appropriate opportunity to 
accommodate the reserved hunting rights and management authority of 
Indian Tribes while ensuring that the migratory bird resource receives 
necessary protection. The conservation of this important international 
resource is paramount. The guidelines should not be viewed as 
inflexible. In this regard, we note that they have been employed 
successfully since 1985. We believe they have been tested adequately 
and, therefore, made them final beginning with the 1988-89 hunting 
season. We should stress here, however, that use of the guidelines is 
not mandatory and no action is required if a Tribe wishes to observe 
the hunting regulations established by the State(s) in which the 
reservation is located.

Population Status

    The following paragraphs provide preliminary information on the 
status of waterfowl and information on the status and harvest of 
migratory shore and upland game birds.

May Breeding Waterfowl and Habitat Survey

    Habitat conditions at the time of the survey in May were variable. 
Habitat on 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

[[Page 45338]]

grazing of wetland margins. Water levels and upland nesting cover were 
better in North Dakota and eastern Montana and wetland conditions in 
these regions improved markedly during June, with the onset of well-
above average precipitation. The 2005 pond estimate for the 
northcentral U.S. (1.5 million) was similar to last year.
    The prairies of southern Alberta and southwestern Saskatchewan were 
also quite dry at the beginning of the survey 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 improved habitat quality on the prairies, it 
probably came too late to benefit early-nesting species or prevent 
overflight. Rains likely improved habitat conditions for late nesting 
species and for renesting efforts. In contrast, the Canadian Parklands 
were much improved compared to last year, due to a combination of 
several years of improving nesting cover and above-normal precipitation 
last fall and winter. These areas were in good-to-excellent condition 
and conditions have remained good through early summer. Record high 
levels of rain did flood portions of lower elevation prairie areas of 
central Manitoba during April, producing fair or poor nesting 
conditions for breeding waterfowl in some areas.
    Overall, the pond estimate in the Canadian prairies and parklands 
and the U.S. prairies (5.4 million ponds) increased 37% over last year 
and was 12% higher than the long-term average. The estimate of ponds in 
the Canadian prairies and parklands was 3.9 million. This was a 56% 
increase over last year and 17% higher than the long-term average.
    Portions of northern Manitoba and northern Saskatchewan also 
experienced flooding, resulting in only fair conditions for breeding 
waterfowl. 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 northeastern Alberta resulted in 
low water levels in lakes and ponds and the complete drying of some 
wetlands. Thus, habitat was classified as fair in these areas.
    Alaska was in mostly excellent condition, with an early spring and 
good water, except for a few flooded river areas and the North Slope, 
where spring was late.
    In the Eastern Survey area, habitat conditions were good due to 
adequate water and relatively mild spring temperatures. The exceptions 
were the coast of Maine and the Maritimes, where May temperatures were 
cool and some flooding occurred along the coast and major rivers. Also, 
below normal precipitation left some habitats in fair to poor condition 
in southern Ontario. However, precipitation in this region following 
survey completion improved habitat conditions.

Status of Teal

    The estimate of blue-winged teal numbers from the Traditional 
Survey Area is 4.6 million. This represents a 13 percent increase from 
2004. According to the teal season harvest strategy, the estimate 
indicates that a 9-day September teal season is appropriate in 2005.

Sandhill Cranes

    The Mid-Continent Population of Sandhill Cranes has generally 
stabilized at comparatively high levels, following increases in the 
1970s. The Central Platte River Valley, Nebraska, spring index for 
2005, uncorrected for visibility, was 412,000 cranes. The most recent 
photo-corrected 3-year average (for 2002-2004) was 363,167, which is 
within the established population-objective range of 343,000-465,000 
cranes. All Central Flyway States, except Nebraska, allowed crane 
hunting in portions of their respective States in 2004-05. About 9,300 
hunters participated in these seasons, which was 12% higher than the 
number that participated during the previous years seasons.
    An estimated 15,124 cranes were harvested in the Central Flyway 
during 2004-05 seasons, which was 18% lower than the previous year's 
estimate. Retrieved harvests in the Pacific Flyway, Canada, and Mexico 
were estimated to be about 14,528 cranes for the 2004-05 period. The 
total North American sport harvest, including crippling losses, was 
estimated at 33,847, which is 5% lower than the previous year's 
estimate.
    The fall 2004 pre-migration survey estimate for the Rocky Mountain 
Population of sandhill cranes was 18,510, which was 5.5% lower than the 
previous year's estimate of 19,523. Limited special seasons were held 
during 2004-05 in portions of Arizona, Idaho, Montana, New Mexico, 
Utah, and Wyoming, resulting in a harvest of 594 cranes (harvest 
allocation was 656 cranes), a 13% increase over the previous year's 
harvest of 528 cranes (harvest allocation was 668 cranes). The 3-year 
population average for 2002-04 is 18,945 sandhill cranes, which is 
within established population objectives of 17,000-21,000.

Woodcock

    Singing-ground and Wing-collection Surveys were conducted to assess 
the population status of the American woodcock (Scolopax minor). 
Singing-ground Survey data for 2005 indicate that the numbers of 
displaying woodcock in the Eastern and Central Regions were unchanged 
from 2004. There was no significant trend in woodcock heard on the 
Singing-ground Survey in either the Eastern or Central Regions during 
the 10 years between 1996 and 2005. This represents the second 
consecutive year since 1992 that the 10-year trend estimate for either 
region was not a significant decline. There were long-term (1968-2005) 
declines of 2.0 percent per year in the Eastern Region and 1.8 percent 
per year in the Central Region. Wing-collection survey data indicate 
that the 2004 recruitment index for the U.S. portion of the Eastern 
Region (2.0 immatures per adult female) was 34 percent higher than the 
2003 index, and 19 percent higher than the long-term average. The 
recruitment index for the U.S. portion of the Central Region (1.3 
immatures per adult female) was slightly lower than the 2003 index and 
17 percent below the long-term average.

Band-Tailed Pigeons and Doves

    A significant decline in the Coastal population of band-tailed 
pigeons occurred during 1968-2004, as indicated by the Breeding Bird 
Survey (BBS); however, no trend was noted over the most recent 10 
years. A range-wide mineral-site survey conducted in British Columbia, 
Washington, Oregon, and California indicated an increasing trend 
between 2001 and 2004. BBS analyses indicated no trend for the Interior 
band-tailed pigeon population over the long-term period, but did show a 
decline for the first time over the most recent 10 years.
    Analyses of Mourning Dove Call-count Survey data over the most 
recent 10 years indicated no significant trend for doves heard in 
either the Eastern or Western Management Unit while the Central Unit 
showed a significant decline. Over 40 years, all 3 units exhibited 
significant declines. In contrast, for doves seen over the 10-year 
period, a significant increase was found in the Eastern Unit while no 
trends were found in the Central and Western Units. Over 40 years, no 
trend was found for doves seen in the Eastern and Central Units while a 
significant decline was indicated for the Western Unit. A banding 
project is underway to obtain

[[Page 45339]]

current information in order to develop mourning dove population models 
for each unit to provide guidance for improving our decision-making 
process with respect to harvest management.
    In Arizona, the white-winged dove population has shown a 
significant decline between 1962 and 2005. However, the number of 
whitewings has been fairly stable since the 1970s, but did show an 
apparent decline over the most recent 10 years.
    In Texas, white-winged doves are now found throughout most of the 
state. In 2005, the whitewing population in Texas was estimated to be 
2.8 million. The expansion of whitewings northward and eastward from 
Texas has led to whitewings being sighted in most of the Great Plains 
and Midwestern states and as far north as Ontario. Nesting has been 
reported in Louisiana, Arkansas, Oklahoma, Kansas, and Missouri. They 
have been sighted in Colorado, Montana, Nebraska, Iowa, and Minnesota. 
Additionally, whitewings are believed to be expanding northward from 
Florida and have been seen along the eastern seaboard as far north as 
Newfoundland.
    White-tipped doves are maintaining a relatively stable population 
in the Lower Rio Grande Valley of Texas. They are most abundant in 
cities and, for the most part, are not available to hunting. The count 
in 2005 averaged 0.51 birds per stop compared to 0.91 in 2004.

Hunting Season Proposals From Indian Tribes and Organizations

    For the 2005-06 hunting season, we received requests from 28 Tribes 
and Indian organizations. We actively solicit regulatory proposals from 
other tribal groups that are interested in working cooperatively for 
the benefit of waterfowl and other migratory game birds. We encourage 
Tribes to work with us to develop agreements for management of 
migratory bird resources on tribal lands.
    It should be noted that this proposed rule includes generalized 
regulations for both early- and late-season hunting. A final rule will 
be published in a mid-August 2005 Federal Register that will include 
tribal regulations for the early-hunting season.
    The early season generally begins on September 1 each year and most 
commonly includes such species as American woodcock, sandhill cranes, 
mourning doves, and white-winged doves. A final rule will also be 
published in the Federal Register in September 2005 that will include 
regulations for late-season hunting. The late season begins on or 
around September 24 and most commonly includes waterfowl species.
    In this current rulemaking, because of the compressed timeframe for 
establishing regulations for Indian Tribes and because final frameworks 
dates and other specific information are not available, the regulations 
for many tribal hunting seasons are described in relation to the season 
dates, season length, and limits that will be permitted when final 
Federal frameworks are announced for early- and late-season 
regulations. For example, daily bag and possession limits for ducks on 
some areas are shown as the same as permitted in Pacific Flyway States 
under final Federal frameworks, and limits for geese will be shown as 
the same permitted by the State(s) in which the tribal hunting area is 
located.
    The proposed frameworks for early-season regulations were published 
in the Federal Register on August 1, 2005; early-season final 
frameworks will be published in mid-August. Proposed late-season 
frameworks for waterfowl and coots will be published in mid-August, and 
the final frameworks for the late seasons will be published in mid-
September. We will notify affected Tribes of season dates, bag limits, 
etc., as soon as final frameworks are established. As previously 
discussed, no action is required by Tribes wishing to observe migratory 
bird hunting regulations established by the State(s) where they are 
located. The proposed regulations for the 27 Tribes that have submitted 
proposals that meet the established criteria and an additional 1 Tribe 
from whom we expect to receive a proposal are shown below.

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

    The Colorado River Indian Reservation is located in Arizona and 
California. The Tribes own almost all lands on the reservation, and 
have full wildlife management authority.
    In their 2005-06 proposal, the Colorado River Indian Tribes 
requested split dove seasons. They propose their early season begin 
September 1 and end September 15, 2005. Daily bag limits would be 10 
mourning or white-winged doves in the aggregate. The late season for 
doves is proposed to open November 11, 2005, and close December 26, 
2005. The daily bag limit would be 10 mourning doves. The possession 
limit would be twice the daily bag limit. Shooting hours would be from 
one-half hour before sunrise to noon in the early season and until 
sunset in the late season. Other special tribally set regulations would 
apply.
    The Tribes also propose duck hunting seasons. The season would open 
October 15, 2005, and run until January 29, 2006. The Tribes propose 
the same season dates for mergansers, coots, and common moorhens. The 
daily bag limit for ducks, including mergansers, would be seven, except 
that the daily bag limits could contain no more than two hen mallards, 
two redheads, two Mexican ducks, two goldeneye, and two cinnamon teal. 
The seasons on canvasback and pintail are closed. The possession limit 
would be twice the daily bag limit after the first day of the season. 
The daily bag and possession limit for coots and common moorhens would 
be 25, singly or in the aggregate.
    For geese, the Colorado River Indian Tribes propose a season of 
October 22, 2005, through January 29, 2006. The daily bag limit for 
geese would be three light geese and three dark geese. The possession 
limit would be six light geese and six dark geese after opening day.
    In 1996, the Tribe conducted a detailed assessment of dove hunting. 
Results showed approximately 16,100 mourning doves and 13,600 white-
winged doves were harvested by approximately 2,660 hunters who averaged 
1.45 hunter-days. Field observations and permit sales indicate that 
fewer than 200 hunters participate in waterfowl seasons. Under the 
proposed regulations described here and, based upon past seasons, we 
and the Tribes estimate harvest will be similar.
    Hunters must have a valid Colorado River Indian Reservation hunting 
permit in their possession while hunting. Other special tribally set 
regulations would apply. As in the past, the regulations would apply 
both to tribal and non-tribal hunters, and nontoxic shot is required 
for waterfowl hunting.
    We propose to approve the Colorado River Indian Tribes regulations 
for the 2005-06 hunting season.

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

    For the past several years, the Confederated Salish and Kootenai 
Tribes and the State of Montana have entered into cooperative 
agreements for the regulation of hunting on the Flathead Indian 
Reservation. The State and the Tribes are currently operating under a 
cooperative agreement signed in 1990 that addresses fishing and hunting 
management and regulation issues of mutual concern. This agreement 
enables

[[Page 45340]]

all hunters to utilize waterfowl hunting opportunities on the 
reservation.
    As in the past, tribal regulations for nontribal members would be 
at least as restrictive as those established for the Pacific Flyway 
portion of Montana. Goose season dates would also be at least as 
restrictive as those established for the Pacific Flyway portion of 
Montana. Shooting hours for waterfowl hunting on the Flathead 
Reservation are sunrise to sunset. Steel shot or other Federally-
approved nontoxic shots are the only legal shotgun loads on the 
reservation for waterfowl or other game birds.
    For tribal members the Tribe proposes outside frameworks for ducks 
and geese of September 1, 2005, through March 9, 2006. Daily bag and 
possession limits were not proposed for tribal members.
    The requested season dates and bag limits are similar to past 
regulations. Harvest levels are not expected to change significantly. 
Standardized check station data from the 1993-94 and 1994-95 hunting 
seasons indicated no significant changes in harvest levels and that the 
large majority of the harvest is by non-tribal hunters.
    We propose to approve the Tribes' request for special migratory 
bird regulations for the 2005-06 hunting season.

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

    The Crow Creek Indian Reservation has a checkerboard pattern of 
land ownership, with much of the land owned by non-Indians. Since the 
1993-94 season, the Tribe has selected special waterfowl hunting 
regulations independent of the State of South Dakota. The Tribe 
observes migratory bird hunting regulations contained in 50 CFR part 
20.
    In their 2005 proposal, the Tribe requested a duck and merganser 
season of October 1 to December 12, 2005, with a daily bag limit of six 
ducks, including no more than five mallards (only two of which may be 
hens), two redheads, two wood ducks, and three scaup. The merganser 
daily bag limit would be five and include no more than one hooded 
merganser. The daily bag limit for coots would be 15. The pintail and 
canvasback season would run from October 1 to November 9, 2005, with a 
daily bag limit of one pintail and one canvasback.
    For Canada geese, the Tribe proposes an October 15, 2005, to 
January 17, 2006, season with a three-bird daily bag limit. For white-
fronted geese, the Tribe proposes a September 24 to December 18, 2005, 
season with a daily bag limit of two. For snow geese, the Tribe 
proposes a September 24, 2005, to December 29, 2005, season with a 
daily bag limit of 20.
    Similar to the last several years, the Tribe also requests a 
sandhill crane season from September 10 to October 16, 2005, with a 
daily bag limit of three. The Tribe proposes a mourning dove season 
from September 1 to October 30, 2005, with a daily bag limit of 15.
    In all cases, except snow geese, the possession limits would be 
twice the daily bag limit. There would be no possession limit for snow 
geese. Shooting hours would be from one-half hour before sunrise to 
sunset.
    The season and bag limits would be essentially the same as last 
year and as such, the Tribe expects similar harvest. In 1994-95, duck 
harvest was 48 birds, down from 67 in 1993-94. Goose harvest during 
recent past seasons has been less than 100 geese. Total harvest on the 
reservation in 2000 was estimated to be 179 ducks and 868 geese.
    We propose to approve the Tribe's requested seasons. We also remind 
the Tribe that all sandhill crane hunters are required to obtain a 
Federal sandhill crane permit. As such, the Tribe should contact us for 
further information on obtaining the needed permits. In addition, as 
with all other groups, we request the Tribe continue to survey and 
report harvest.

(d) Fond du Lac Band of Lake Superior Chippewa Indians, Cloquet, 
Minnesota (Tribal Members Only)

    Since 1996, the Service and the Fond du Lac Band of Lake Superior 
Chippewa Indians have cooperated to establish special migratory bird 
hunting regulations for tribal members. The Fond du Lac's May 29, 2005, 
proposal covers land set apart for the band under the Treaties of 1837 
and 1854 in northeast and east-central Minnesota.
    The band's proposal for 2005-06 is essentially the same as that 
approved last year. Specifically, the Fond du Lac Band proposes a 
September 15 to December 1, 2005, season on ducks, mergansers, coots, 
and moorhens, and a September 1 to December 1, 2005, season for geese. 
For sora and Virginia rails, snipe, and woodcock, the Fond du Lac Band 
proposes a September 1 to December 1, 2005, season. Proposed daily bag 
limits would consist of the following:
    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.
    Mergansers: 15 mergansers, including no more than 3 hooded 
mergansers.
    Geese: 12 geese.
    Coots and Common Moorhens (Common Gallinules): 20 coots and common 
moorhens, singly or in the aggregate.
    Sora and Virginia Rails: 25 sora and Virginia rails, singly or in 
the aggregate.
    Common Snipe: Eight common snipe.
    Woodcock: Three woodcock.
    The following general conditions apply:
    1. While hunting waterfowl, a tribal member must carry on his/her 
person a valid Ceded Territory License.
    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 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 bag or possession limit.
    The Band anticipates harvest will be fewer than 500 ducks and 
geese.
    We propose to approve the request for special migratory bird 
hunting regulations for the Fond du Lac Band of Lake Superior 
Chippewas.

(e) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay, 
Michigan (Tribal Members Only)

    In the 1995-96 migratory bird seasons, the Grand Traverse Band of 
Ottawa and Chippewa Indians and the Service first cooperated to 
establish special regulations for waterfowl. The Grand Traverse Band is 
a self-governing, federally recognized Tribe located on the west arm of 
Grand Traverse Bay in Leelanau County, Michigan. The Grand Traverse 
Band is a signatory Tribe of the Treaty of 1836. We have approved 
special regulations for tribal members of the 1836 treaty's signatory 
Tribes on

[[Page 45341]]

ceded lands in Michigan since the 1986-87 hunting season.
    For the 2005-06 season, the Tribe requests that the tribal member 
duck season run from September 15, 2005, through January 15, 2006. A 
daily bag limit of 12 would include 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).
    For Canada geese, the Tribe proposes a September 1 through November 
30, 2005, and a January 1 through February 8, 2006, season. For white-
fronted geese, brant, and snow geese, the Tribe proposes a September 20 
through November 30, 2005, season. The daily bag limit for all geese 
(including brant) would be five birds. Based on our information, it is 
unlikely that any Canada geese from the Southern James Bay Population 
will be harvested by the Tribe.
    For woodcock, the Tribe proposes a September 1 to November 14, 
2005, season. The daily bag limit will not exceed five birds. For 
mourning doves, snipe and rails, the Tribe proposes a September 1 to 
November 14, 2005, season. The daily bag limit would be 10 per species.
    All other Federal regulations contained in 50 CFR part 20 would 
apply. The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. Harvest surveys from the 2004-05 
hunting season indicated that approximately 15 tribal hunters harvested 
an estimated 80 ducks and 35 Canada geese.
    We propose to approve the Grand Traverse Band of Ottawa and 
Chippewa Indians requested 2005-06 special migratory bird hunting 
regulations.

(f) Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin 
(Tribal Members Only)

    Since 1985, various bands of the Lake Superior Tribe of Chippewa 
Indians have exercised judicially recognized off-reservation hunting 
rights for migratory birds in Wisconsin. The specific regulations were 
established by the Service in consultation with the Wisconsin 
Department of Natural Resources and the Great Lakes Indian Fish and 
Wildlife Commission (GLIFWC, which represents the various bands). 
Beginning in 1986, a tribal season on ceded lands in the western 
portion of the State's Upper Peninsula was developed in coordination 
with the Michigan Department of Natural Resources, and we have approved 
special regulations for tribal members in both Michigan and Wisconsin 
since the 1986-87 hunting season. In 1987, the GLIFWC requested, and we 
approved, special regulations to permit tribal members to hunt on ceded 
lands in Minnesota, as well as in Michigan and Wisconsin. The States of 
Michigan and Wisconsin concurred with the regulations, although 
Wisconsin has raised some concerns each year. Minnesota did not concur 
with the regulations, stressing that the State would not recognize 
Chippewa Indian hunting rights in Minnesota's treaty area until a court 
with jurisdiction over the State acknowledges and defines the extent of 
these rights. We acknowledge the State's concern, but point out that 
the U.S. Government has recognized the Indian hunting rights decided in 
the Lac Courte Oreilles v. State of Wisconsin (Voigt) case, and that 
acceptable hunting regulations have been negotiated successfully in 
both Michigan and Wisconsin even though the Voigt decision did not 
specifically address ceded land outside Wisconsin. We believe this is 
appropriate because the treaties in question cover ceded lands in 
Michigan (and Minnesota), as well as in Wisconsin.
    Consequently, in view of the above, we have approved special 
regulations since the 1987-88 hunting season on ceded lands in all 
three States. In fact, this recognition of the principle of reserved 
treaty rights for band members to hunt and fish was pivotal in our 
decision to approve a special 1991-92 season for the 1836 ceded area in 
Michigan.
    The GLIFWC proposed off-reservation special migratory bird hunting 
regulations for the 2005-06 seasons on behalf of the member Tribes of 
the Voigt Intertribal Task Force of the GLIFWC (for the 1837 and 1842 
Treaty areas) and the Bay Mills Indian Community (for the 1836 Treaty 
area). Member Tribes of the Task Force are: the Bad River Band of the 
Lake Superior Tribe of Chippewa Indians, the Lac Courte Oreilles Band 
of Lake Superior Chippewa Indians, the Lac du Flambeau Band of Lake 
Superior Chippewa Indians, the Red Cliff Band of Lake Superior Chippewa 
Indians, the St. Croix Chippewa Indians of Wisconsin, the Sokaogon 
Chippewa Community (Mole Lake Band), all in Wisconsin; the Mille Lacs 
Band of Chippewa Indians in Minnesota; the Lac Vieux Desert Band of 
Chippewa Indians and the Keweenaw Bay Indian Community in Michigan. 
Details of the proposed regulations are shown below. In general, the 
proposal is essentially the same as the regulations approved for the 
2002-03 season.
    Results of 1987-98 hunter surveys on off-reservation tribal duck 
harvest in the Wisconsin/Michigan entire ceded territory ranged from 
1,022 to 2,374 with an average of 1,422. Estimated goose harvest has 
ranged from 72 to 586, with an average of 310. Harvest from 2001 was 
estimated at 1,014 ducks, 81 geese, and 146 coots. Under the proposed 
regulations, harvest is expected to remain within these ranges. Tribal 
harvest in the Minnesota ceded territory is anticipated to be much 
smaller than in the Wisconsin/Michigan area since waterfowl hunting has 
been limited to 10 individuals thus far. Due to the limited 
distribution of doves and dove habitat in the ceded territory, and the 
relatively small number of tribal off-reservation migratory bird 
hunters, harvest is expected to be negligible.
    We believe that regulations advanced by the GLIFWC for the 2005-06 
hunting season are biologically acceptable, and we recommend approval. 
If the regulations are finalized as proposed, we would request that the 
GLIFWC closely monitor the member bands' duck harvest and take any 
actions necessary to reduce harvest if locally nesting populations are 
being significantly impacted.
    The Commission and the Service are parties to a Memorandum of 
Agreement (MOA) designed to facilitate the ongoing enforcement of 
Service-approved tribal migratory bird regulations. Its intent is to 
provide long-term cooperative application.
    Also, as in recent seasons, the proposal contains references to 
Chapter 10 of the Migratory Bird Harvesting Regulations of the Model 
Off-Reservation Conservation Code. Chapter 10 regulations parallel 
State and Federal regulations and, in effect, are not changed by this 
proposal.
    The GLIFWC's proposed 2005-06 waterfowl hunting season regulations 
are as follows:
    Ducks:
    A. Wisconsin and Minnesota 1837 and 1842 Treaty Areas:
    Season Dates: Begin September 15 and end 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 Areas:
    Season Dates: Begin September 15 and end 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: Begin September 15 and end December 1, 2005.
    Daily Bag Limit: Five mergansers.
    Geese: All Ceded Areas.

[[Page 45342]]

    Season Dates: Begin September 1 and end December 1, 2005. In 
addition, any portion of the ceded territory that is open to State-
licensed hunters for goose hunting after December 1 will also be open 
concurrently for tribal members.
    Daily Bag Limit: 10 geese in aggregate.
    Other Migratory Birds: All Ceded Areas.
    A. Coots and Common Moorhens (Common Gallinules).
    Season Dates: Begin September 15 and end December 1, 2005.
    Daily Bag Limit: 20 coots and common moorhens (common gallinules), 
singly or in the aggregate.
    B. Sora and Virginia Rails.
    Season Dates: Begin September 15 and end December 1, 2005.
    Daily Bag Limit: 25 sora and Virginia rails, singly or in the 
aggregate.
    Possession Limit: 25.
    C. Common Snipe.
    Season Dates: Begin September 15 and end December 1, 2005.
    Daily Bag Limit: Eight common snipe.
    D. Woodcock.
    Season Dates: Begin September 6 and end December 1, 2005.
    Daily Bag Limit: Five woodcock.
    E. Mourning Dove: 1837 and 1842 Ceded Territories.
    Season Dates: Begin September 1 and end October 30, 2005.
    Daily Bag Limit: 15 mourning dove.
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 and Mille Lacs Band v. 
State of Minnesota cases. Chapters 10 in both of these model codes 
regulates ceded territory migratory bird hunting. Both versions of 
Chapter 10 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 bag or possession limit.
    4. The baiting restrictions included in the respective sections 
10.05(2)(h) of the model ceded territory conservation codes will be 
amended to include language which parallels that in place for non-
tribal members as published in 64 FR 29799, June 3, 1999.
    5. The shell limit restrictions included in the respective sections 
10.05 (2)(b) 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) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce, New 
Mexico (Tribal Members and Nontribal Hunters)

    The Jicarilla Apache Tribe has had special migratory bird hunting 
regulations for tribal members and nonmembers since the 1986-87 hunting 
season. The Tribe owns all lands on the reservation and has recognized 
full wildlife management authority. In general, the proposed seasons 
would be more conservative than allowed by the Federal frameworks of 
last season and by States in the Pacific Flyway.
    The Tribe proposed a 2005-06 waterfowl season beginning with the 
earliest possible opening date in the Pacific Flyway States, October 8, 
2005, and a closing date of November 30, 2005. Daily bag and possession 
limits for waterfowl would be the same as Pacific Flyway States. The 
Tribe proposes a season on Canada geese with a two-bird daily bag 
limit. Other regulations specific to the Pacific Flyway guidelines for 
New Mexico would be in effect.
    During the Jicarilla Game and Fish Department's 2004-05 season, 
estimated duck harvest was 458, which is within the historical harvest 
range. The species composition in the past has included mainly 
mallards, gadwall, wigeon, and teal. Northern pintail comprised 3 
percent of the total harvest in 2004. The estimated harvest of geese 
was three birds.
    The proposed regulations are essentially the same as were 
established last year. The Tribe anticipates the maximum 2005-06 
waterfowl harvest would be around 500-750 ducks and 20 geese.
    We propose to approve the Tribe's requested 2005-06 hunting 
seasons.

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

    The Kalispel Reservation was established by Executive Order in 
1914, and currently comprises approximately 4,600 acres. The Tribe owns 
all Reservation land and has full management authority. The Kalispel 
Tribe has a fully developed wildlife program with hunting and fishing 
codes. The Tribe enjoys excellent wildlife management relations with 
the State. The Tribe and the State have an operational Memorandum of 
Understanding with emphasis on fisheries but also for wildlife.
    The nontribal member seasons described below pertain to a 176-acre 
waterfowl management unit. The Tribe is utilizing this opportunity to 
rehabilitate an area that needs protection because of past land use 
practices, as well as to provide additional waterfowl hunting in the 
area. Beginning in 1996, the requested regulations also included a 
proposal for Kalispel-member-only migratory bird hunting on Kalispel-
ceded lands within Washington, Montana, and Idaho.
    For the 2005-06 migratory bird hunting seasons, the Kalispel Tribe 
proposed tribal and nontribal member waterfowl seasons. The Tribe 
requests that both duck and goose seasons open at the earliest possible 
date and close on the latest date under Federal frameworks.
    For nontribal members, the Tribe requests that the season for ducks 
begin September 24, 2005, and end January 31, 2006. In that period, 
nontribal hunters would be allowed to hunt approximately 101 days. 
Hunters should obtain further information on specific hunt days from 
the Kalispel Tribe.
    The Tribe also requests the season for geese run from September 3 
to September 18, 2005, and from October 1, 2005, to January 31, 2006. 
Total number of days would not exceed 107. Nontribal members should 
obtain

[[Page 45343]]

further information on specific hunt days from the Tribe. Daily bag and 
possession limits would be the same as those for the State of 
Washington.
    The Tribe reports a 2002-03 nontribal harvest of 70 ducks and 0 
geese. Under the proposal, the Tribe expects harvest to be similar to 
last year and less than 100 geese and 200 ducks.
    All other State and Federal regulations contained in 50 CFR part 
20, such as use of non-toxic shot and possession of a signed migratory 
bird hunting stamp, would be required.
    For tribal members on Kalispel-ceded lands, the Kalispel propose 
outside frameworks for ducks and geese of September 1, 2005, through 
January 31, 2006. The Tribe requests that both duck and goose seasons 
open at the earliest possible date and close on the latest date under 
Federal frameworks. However, during that period, the Tribe proposes 
that the season run continuously. Daily bag and possession limits would 
be concurrent with the Federal rule.
    The Tribe reports that there was no 2004-05 tribal harvest. Under 
the proposal, the Tribe expects harvest to be less than 500 birds for 
the season with less than 200 geese. Tribal members would be required 
to possess a signed Federal migratory bird stamp and a tribal ceded 
lands permit.
    We propose to approve the regulations requested by the Kalispel 
Tribe provided that the nontribal seasons conform to Treaty limitations 
and final Federal frameworks for the Pacific Flyway. All seasons for 
nontribal hunters must conform with the 107-day maximum season length 
established by the Treaty.

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

    The Klamath Tribe currently has no reservation, per se. However, 
the Klamath Tribe has reserved hunting, fishing, and gathering rights 
within its former reservation boundary. This area of former 
reservation, granted to the Klamaths by the Treaty of 1864, is over 1 
million acres. Tribal natural resource management authority is derived 
from the Treaty of 1864, and carried out cooperatively under the 
judicially enforced Consent Decree of 1981. The parties to this Consent 
Decree are the Federal Government, the State of Oregon, and the 
Klamaths. The Klamath Indian Game Commission sets the seasons. The 
tribal biological staff and tribal Regulatory Enforcement Officers 
monitor tribal harvest by frequent bag checks and hunter interviews.
    For the 2005-06 season, the Tribe requests proposed season dates of 
October 1, 2005, through January 28, 2006. Daily bag limits would be 
nine for ducks and six for geese, with possession limits twice the 
daily bag limit. The daily bag and possession limit for coots would be 
25. Shooting hours would be one-half hour before sunrise to one-half 
hour after sunset. Steel shot is required.
    Based on the number of birds produced in the Klamath Basin, this 
year's harvest would be similar to last year's. Information on tribal 
harvest suggests that more than 70 percent of the annual goose harvest 
is local birds produced in the Klamath Basin.
    We propose to approve the Klamath Tribe's requested 2005-06 special 
migratory bird hunting regulations.

(j) Leech Lake Band of Ojibwe, Cass Lake, Minnesota (Tribal Members 
Only)

    The Leech Lake Band of Ojibwe is a federally recognized Tribe 
located in Cass Lake, Minnesota. The reservation employs conservation 
officers to enforce conservation regulations. The Service and the Tribe 
have cooperatively established migratory bird hunting regulations since 
2000.
    For the 2005-06 season, the Tribe requests a duck season starting 
on September 17 and ending December 31, 2005, and a goose season to run 
from September 1 through December 31, 2005. Daily bag limits for both 
ducks and geese would be 10. Possession limits would be twice the daily 
bag limit. Shooting hours are one-half hour before sunrise to one-half 
hour after sunset.
    The annual harvest by tribal members on the Leech Lake Reservation 
is estimated at 1,000-2,000 birds.
    We propose to approve the Leech Lake Band of Ojibwe's special 
migratory bird hunting season.

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

    The Little River Band of Ottawa Indians is a self-governing, 
federally recognized Tribe located in Manistee, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season. Ceded lands 
are located in Lake, Mason, Manistee, and Wexford Counties.
    For the 2005-06 season, the Little River Band of Ottawa Indians 
proposes a duck, merganser, coot, and common moorhen seasons from 
September 15 through January 20, 2006. A daily bag limit of 12 ducks 
would include no more than 2 pintail, 2 canvasback, 3 black duck, 3 
wood ducks, 3 redheads, and 6 mallards (only 3 of which may be a hen). 
The daily bag limit for mergansers would be five, of which only one 
could be a hooded merganser. The possession limit for mergansers is 10, 
only 2 of which may be hooded mergansers. The daily bag limit for coots 
and common moorhens would be 12. Possession limits would be twice the 
daily bag limit.
    For white-fronted geese, snow geese, and brant, the Tribe proposes 
a September 20 through November 30, 2005, season. Daily bag limits 
would be five geese.
    For Canada geese only, the Tribe proposes a September 1, 2005, 
through February 8, 2006, season with a daily bag limit of five Canada 
geese. The possession limit would be twice the daily bag limit.
    For snipe, woodcock, rails, and mourning doves, the Tribe proposes 
a September 1 to November 14, 2005, season. The daily bag limit would 
be 10 common snipe, 5 woodcock, 10 rails, and 10 mourning doves. 
Possession limits for all species would be twice the daily bag limit.
    The Tribe monitored harvest through mail surveys. General 
Conditions were as follows:
    A. All tribal members will be 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.
    We propose to approve Little River Band of Ottawa Indians special 
migratory bird hunting seasons.

[[Page 45344]]

(l) The Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan 
(Tribal Members Only)

    The Little Traverse Bay Bands of Odawa Indians is a self-governing, 
federally recognized Tribe located in Petoskey, Michigan, and a 
signatory Tribe of the Treaty of 1836. We have approved special 
regulations for tribal members of the 1836 treaty's signatory Tribes on 
ceded lands in Michigan since the 1986-87 hunting season.
    For the 2005-06 season, the Little Traverse Bay Bands of Odawa 
Indians propose regulations similar to other Tribes in the 1836 treaty 
area. The tribal member duck season would run from September 15, 2005, 
through January 20, 2006. A daily bag limit of 12 would include no more 
than 2 pintail, 2 canvasback, 1 hooded merganser, 3 black ducks, 3 wood 
ducks, 2 redheads, and 6 mallards (only 3 of which may be hens).
    For Canada geese, the Tribe proposes a September 1, 2005, through 
February 8, 2006, season. For white-fronted geese, brant, and snow 
geese, the Tribe proposes a September 1 through November 30, 2005, 
season. The daily bag limit for Canada geese would be 5 birds, and for 
snow geese, brant, and white-fronted geese, 10 birds. Based on our 
information, it is unlikely that any Canada geese from the Southern 
James Bay Population would be harvested by the Tribe. Possession limits 
are twice the daily bag limit.
    For woodcock, the Tribe proposes a September 1, 2005, to November 
14, 2005, season. The daily bag limit will not exceed five birds. For 
snipe, mourning doves, and sora rail, the Tribe proposes a September 1 
to November 14, 2005, season. The daily bag limit will not exceed 10 
birds per species. The possession limit will not exceed two days bag 
limit for all birds. All other Federal regulations contained in 50 CFR 
part 20 would apply.
    The Tribe proposes to monitor harvest closely through game bag 
checks, patrols, and mail surveys. In particular, the Tribe proposes 
monitoring the harvest of Southern James Bay Canada geese to assess any 
impacts of tribal hunting on the population.
    We propose to approve the Little Traverse Bay Bands of Odawa 
Indians' requested 2005-06 special migratory bird hunting regulations.

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

    The Lower Brule Sioux Tribe first established tribal migratory bird 
hunting regulations for the Lower Brule Reservation in 1994. The Lower 
Brule Reservation is about 214,000 acres in size and is located on and 
adjacent to the Missouri River, south of Pierre. Land ownership on the 
reservation is mixed, and until recently, the Lower Brule Tribe had 
full management authority over fish and wildlife via an MOA with the 
State of South Dakota. The MOA provided the Tribe jurisdiction over 
fish and wildlife on reservation lands, including deeded and Corps of 
Engineers taken lands. For the 2005-06 season, the two parties have 
come to an agreement that provides the public a clear understanding of 
the Lower Brule Sioux Wildlife Department license requirements and 
hunting season regulations. The Lower Brule Reservation waterfowl 
season is open to tribal and non-tribal hunters.
    For the 2005-06 migratory bird hunting season, the Lower Brule 
Sioux Tribe proposes a nontribal member duck, merganser, and coot 
season length of 97 days, the same number of days tentatively allowed 
under the liberal regulatory alternative in the High Plains Management 
Unit for this season. The Tribe's proposes a season from October 1, 
2005, through January 5, 2006. For pintail only, the tribe proposes a 
season from October 22, 2005, through November 29, 2005. The daily bag 
limit would be six birds, including no more than five mallards (only 
one of which may be a hen), one pintail (only when the season is open), 
two redheads, two wood ducks, three scaup, and one mottled duck. The 
canvasback season for nontribal members is closed. The daily bag limit 
for mergansers would be five, only one of which could be a hooded 
merganser. The daily bag limit for coots would be 15. Possession limits 
would be twice the daily bag limits. The Tribe also proposes a youth 
waterfowl hunt on September 24-25, 2005.
    The Tribe's proposed nontribal member Canada goose season would run 
from October 15, 2005, through January 17, 2006, with a daily bag limit 
of three Canada geese. The Tribe's proposed nontribal member white-
fronted goose season would run from October 1, 2005, through December 
25, 2005, with a daily bag limit of two white-fronted geese. The 
Tribe's proposed nontribal member light goose season would run from 
October 15, 2005, through January 17, 2006, and February 25 through 
March 10, 2006. The light goose daily bag limit would be 20. Possession 
limits would be twice the daily bag limits.
    For tribal members, the Lower Brule Sioux Tribe proposes a duck, 
merganser, and coot season from October 1, 2005, through March 9, 2006. 
The daily bag limit would be six birds, including no more than five 
mallards (only one of which may be a hen), one pintail, two redheads, 
one canvasback, two wood ducks, three scaup, and one mottled duck. The 
daily bag limit for mergansers would be five, only one of which could 
be a hooded merganser. The daily bag limit for coots would be 15. 
Possession limits would be twice the daily bag limits. The Tribe also 
proposes a youth waterfowl hunt on September 25-26, 2005.
    The Tribe's proposed Canada goose season for tribal members would 
run from October 15, 2005, through March 9, 2006, with a daily bag 
limit of three Canada geese. The Tribe's proposed white-fronted goose 
tribal season would run from October 15, 2005, through March 9, 2006, 
with a daily bag limit of two white-fronted geese. The Tribe's proposed 
light goose tribal season would run from October 15, 2005, through 
March 9, 2006. The light goose daily bag limit would be 20. Possession 
limits would be twice the daily bag limits.
    In the 2004-05 season, hunters harvested an estimated 1,370 geese 
and 750 ducks. In the 2004-05 season, duck harvest species composition 
was primarily mallard (76 percent), green-winged teal (3 percent), 
gadwall (8 percent), blue-winged teal (6 percent, and scaup and wigeon 
(6 percent collectively).
    Goose harvest species composition in 2002 at Mni Sho Sho was 
approximately 83 percent Canada geese, 16 percent snow geese, and 1 
percent white-fronted geese. Harvest of geese harvested by other 
hunters was approximately 100 percent Canada geese, and less than 1 
percent snow geese.
    The Tribe anticipates a duck harvest similar to the previous three 
years and a goose harvest below the target harvest level of 3,000 to 
4,000 geese. All basic Federal regulations contained in 50 CFR part 20, 
including the use of steel shot, Migratory Waterfowl Hunting and 
Conservation Stamp, etc., would be observed by the Tribe's proposed 
regulations. In addition, the Lower Brule Sioux Tribe has an official 
Conservation Code that was established by Tribal Council Resolution in 
June 1982 and updated in 1996.
    We propose to approve the Tribe's requested regulations for the 
Lower Brule Reservation.

(n) Lower Elwha Klallam Tribe, Port Angeles, Washington (Tribal Members 
Only)

    Since 1996, the Service and the Point No Point Treaty Tribes, of 
which Lower Elwha was one of, have cooperated to

[[Page 45345]]

establish special regulations for migratory bird hunting. The Tribes 
are now acting independently and the Lower Elwha Klallam Tribe would 
like to establish migratory bird hunting regulations for tribal members 
for the 2005-2006, season. The Tribe has a reservation on the Olympic 
Peninsula in Washington State and is a successor to the signatories of 
the Treaty of Point No Point of 1855.
    The Lower Elwha Klallam Tribe request a duck and coot season from 
September 15, 2005, to December 30, 2005. The daily bag limit is seven 
ducks including no more than two hen mallards, one pintail, one 
canvasback, and two redheads. The daily bag and possession limit on 
harlequin duck is one per season. The coot daily bag limit is 25. The 
possession limit is twice the daily bag limit except as noted above.
    For geese, the Tribe requests a season from September 15, 2005, to 
December 30, 2005. The daily bag limit is four including no more than 
three light geese. The season on Aleutian Canada geese is closed.
    For Brant, the Tribe proposes a season from November 1, 2005, to 
February 15, 2006, with a daily bag limit of two. The possession limit 
is twice the daily bag limit.
    For mourning doves, band-tailed pigeon, and snipe, the Tribe 
requests a season from September 15, 2005, to December 30, 2005, with a 
daily bag limit of 10, 2, and 8, respectively. The possession limit is 
twice the daily bag limit.
    All Tribal hunters authorized to hunt migratory birds are required 
to obtain a tribal hunting permit from the Lower Elwha Klallam Tribe 
pursuant to tribal law. Hunting hours would be from one-half hour 
before sunrise to sunset. Only steel, tungsten-iron, tungsten-polymer, 
tungsten-matrix, and tin shot are allowed for hunting waterfowl. It is 
unlawful to use or possess lead shot while hunting waterfowl.
    The Tribe anticipates harvest to be less than 100 birds. Tribal 
reservation police and Tribal Fisheries enforcement officers have the 
authority to enforce these migratory bird hunting regulations.
    We propose to approve the Lower Elwha Klallam Tribe's requested 
migratory bird hunting season.

(o) Makah Indian Tribe, Neah Bay, Washington (Tribal Members Only)

    The Makah Indian Tribe and the Service have been cooperating to 
establish special regulations for migratory game birds on the Makah 
Reservation and traditional hunting land off the Makah Reservation 
since the 2001-02 hunting season. Lands off the Makah Reservation are 
those contained within the boundaries of the State of Washington Game 
Management Units 601-603 and 607.
    The Makah Indian Tribe proposes a duck and coot hunting season from 
September 25, 2005, to January 19, 2006. The daily bag limit is seven 
ducks including no more than one canvasback and one redhead. The daily 
bag limit for coots is 25. The Tribe has a year-round closure on wood 
ducks and harlequin ducks.
    For geese, the Tribe proposes the season open on September 25, 
2005, and close January 19, 2006. The daily bag limit for geese is 
four. The Tribe notes that there is a year-round closure on Aleutian 
and Dusky Canada geese.
    For band-tailed pigeons, the Tribe proposes the season open 
September 1, 2005, and close October 31, 2005. The daily bag limit for 
band-tailed pigeons is two. Shooting hours for all species of waterfowl 
are one-half hour before sunrise to sunset.
    The Tribe anticipates that harvest under this regulation will be 
relatively low since fewer than 20 hunters are likely to participate at 
this time. The Tribe expects fewer than 50 total waterfowl and 20 
pigeons are expected to be harvested during the 2006-06 migratory bird 
hunting season.
    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 one 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.
    We propose to approve the Makah Indian Tribes requested 2005-06 
special migratory bird hunting regulations.

(p) Navajo Nation, Navajo Indian Reservation, Window Rock, Arizona 
(Tribal Members and Nontribal Hunters)

    Since 1985, we have established uniform migratory bird hunting 
regulations for tribal members and nonmembers on the Navajo Indian 
Reservation (in parts of Arizona, New Mexico, and Utah). The Navajo 
Nation owns almost all lands on the reservation and has full wildlife 
management authority.
    For the 2005-06 season, The Navajo Nation requests special 
migratory bird hunting regulations on the re