[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Rules and Regulations]
[Pages 16298-16306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06592]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2016-0136; FF09M21200-156-FXMB1231099BPP0]
RIN 1018-BB71
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2017 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is
establishing migratory bird subsistence harvest regulations in Alaska
for the 2017 season. These regulations allow for the continuation of
customary and traditional subsistence uses of migratory birds in Alaska
and prescribe regional information on when and where the harvesting of
birds may occur. These regulations were developed under a co-management
process involving the Service, the Alaska Department of Fish and Game,
and Alaska Native representatives. The rulemaking is necessary because
the regulations governing the subsistence harvest of migratory birds in
Alaska are subject to annual review. This rulemaking establishes
region-specific regulations that go into effect on March 31, 2017, and
expire on August 31, 2017.
DATES: This is rule is effective March 31, 2017 through August 31,
2017.
FOR FURTHER INFORMATION CONTACT: Donna Dewhurst, U.S. Fish and Wildlife
Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
786-3499.
SUPPLEMENTARY INFORMATION:
Why is this rulemaking necessary?
This rulemaking is necessary because, by law, the migratory bird
harvest season is closed unless opened by the Secretary of the
Interior, and the regulations governing subsistence harvest of
migratory birds in Alaska are subject to public review and annual
approval. This rule establishes regulations for the taking of migratory
birds for subsistence uses in Alaska during the spring and summer of
2017. This rule also sets forth a list of migratory bird season
openings and closures in Alaska by region.
How do I find the history of these regulations?
Background information, including past events leading to this
rulemaking, accomplishments since the Migratory Bird Treaties with
Canada and Mexico were amended, and a history, were originally
addressed in the Federal Register on August 16, 2002 (67 FR 53511) and
most recently on April 1, 2016 (81 FR 18781).
Recent Federal Register documents and all final rules setting forth
the annual harvest regulations are available at http://www.fws.gov/alaska/ambcc/regulations.htm or by contacting the person listed under
FOR FURTHER INFORMATION CONTACT.
What is the process for issuing regulations for the subsistence harvest
of migratory birds in Alaska?
The U.S. Fish and Wildlife Service is establishing migratory bird
subsistence-harvest regulations in Alaska for the 2017 season. These
regulations allow for the continuation of customary and traditional
subsistence uses of migratory birds in Alaska and prescribe regional
information on when and where the harvesting of birds may occur. These
regulations were developed under a co-management process involving the
Service, the Alaska Department of Fish and Game, and Alaska Native
representatives.
The Alaska Migratory Bird Co-management Council (Co-management
Council) held meetings on April 6-7, 2016, to develop recommendations
for changes that would take effect during the 2017 harvest season. The
Co-management Council also amended the consent agenda package of carry-
over regulations to request a limited emperor goose harvest for 2017;
these recommended changes were presented first to the Pacific Flyway
Council and then to the Service Regulations Committee (SRC) for
approval at the SRC meeting on July 31, 2015.
On February 10, 2017, we published in the Federal Register a
proposed rule (82 FR 10316) to amend 50 CFR part 92 to establish
regulations for the 2017 spring and summer subsistence harvest of
migratory birds in Alaska at subpart D, and to make certain changes to
the permanent regulations at subpart C. We accepted public comments on
the proposed rule for 30 days, ending March 13, 2017. A summary of the
comments we received, and our responses to them, is provided below,
under Summary of Comments and Responses.
This Final Rule
This rule contains no changes from the proposed regulation
amendments published in the February 10, 2017, proposed rule (82 FR
10316).
Who is eligible to hunt under these regulations?
Eligibility to harvest under the regulations established in 2003
was limited to permanent residents, regardless of race, in villages
located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian
Islands, and in areas north and west of the Alaska Range (50 CFR 92.5).
These geographical restrictions opened the initial migratory bird
subsistence harvest to about 13 percent of Alaska residents. High-
populated, roaded areas such as Anchorage, the Matanuska-Susitna and
Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the
Gulf of Alaska roaded area, and Southeast Alaska were excluded from
eligible subsistence harvest areas.
In response to petitions requesting inclusion in the harvest in
2004, we added 13 additional communities consistent with the criteria
set forth at 50 CFR 92.5(c). These communities were Gulkana, Gakona,
Tazlina, Copper Center, Mentasta Lake, Chitina, Chistochina, Tatitlek,
Chenega, Port Graham, Nanwalek, Tyonek, and Hoonah, with a combined
population of 2,766. In 2005, we added three additional communities for
glaucous-winged gull egg gathering only in response to petitions
requesting inclusion. These southeastern communities were Craig,
Hydaburg, and Yakutat, with a combined population of 2,459, according
to the latest census information at that time.
In 2007, we enacted the Alaska Department of Fish and Game's
request to expand the Fairbanks North Star Borough excluded area to
include the Central Interior area. This action excluded the following
communities from participation in this harvest: Big Delta/Fort Greely,
Healy, McKinley Park/Village, and Ferry, with a combined population of
2,812.
In 2012, we received a request from the Native Village of Eyak to
include Cordova, Alaska, for a limited season that would legalize the
traditional gathering of gull eggs and the hunting of waterfowl during
spring. This request resulted in a new, limited harvest of spring
waterfowl and gull eggs starting in 2014.
What is different in the regulations for 2017?
Subpart C
Under subpart C, General Regulations Governing Subsistence Harvest,
we are amending Sec. 92.22, the list of birds open to subsistence
harvest, by adding emperor goose (Chen canagica) and by
[[Page 16299]]
amending cackling goose to allow egg gathering.
The Co-management Council proposed a new emperor goose limited
subsistence hunt for the 2016 season. Since 2012, the Co-management
Council has received regulatory proposals from the Sun'aq Tribe of
Kodiak, the Kodiak-Aleutians Subsistence Regional Advisory Council, the
Yaquillrit Keutisti Council (Bristol Bay), and the Bering Strait/Norton
Sound Migratory Bird Council (Kawerak) to open the harvest of emperor
geese for the subsistence season. Since the hunting season has been
closed since 1987 for emperor geese, the Co-management Council created
a subcommittee to address these proposals. The emperor goose harvest
was guided by the 2006 Pacific Flyway Management Plan and the 2005-2006
Yukon-Kuskokwim Delta Goose Management Plan. Between 80 and 90 percent
of the emperor goose population breeds on the Yukon-Kuskokwim Delta of
Alaska, and most emperor geese winter in remote western Alaska, with
the remainder wintering in Russia.
Two studies were conducted concurrently by the Service and the
Alaska Department of Fish and Game. The first study provided a
comprehensive evaluation of all available emperor goose survey data and
assessed harvest potential of the population. The second study
developed a Bayesian state space population model to improve estimates
of population size by integrating current population assessment methods
using all available data sets. The model provides a framework from
which to make inferences about survival rates, age structure, and
population size. The results of these studies will assist in amending
the management plans.
The 2016 spring emperor goose survey was conducted April 21-24,
2016. The spring index was 79,348 birds, which represented a 19.2
percent decrease from the previous count in 2015. The current 3-year
(2014-2016) average count of 85,795 is 4.8 percent above the previous
3-year (2012-2015 [no survey in 2013]) average of 81,875. Further, it
is above the threshold for consideration of an open hunting season on
emperor geese as specified in the Yukon-Kuskokwim Delta Goose
Management Plan and the Pacific Flyway Council Management Plan for
emperor geese.
As a result of this new information, the Co-management Council
amended their motion of the consent agenda to add an allowance for a
limited emperor goose harvest in 2016. The Pacific Flyway Council met
in July 2015, and supported the Co-management Council's recommendation
to work with the State of Alaska and the Service to develop harvest
regulations and monitoring for a limited emperor goose harvest in 2016.
On July 31, 2015, the SRC supported the Co-management Council's
proposed limited harvest of emperor geese for the 2016 Alaska spring
and summer subsistence season. However, the approval was provisional
based upon the following:
(1) A limited harvest of 3,500 emperor geese to ensure that
population growth continues toward the Flyway management plan
objective;
(2) A harvest allocation (e.g., an individual, family, or Village
quota or permit hunt) that ensures harvest does not exceed 3,500;
(3) Agreement on a monitoring program to index abundance of the
emperor goose population; and
(4) A revised Pacific Flyway Emperor Goose Management Plan,
including harvest allocation among all parties (including spring/summer
and fall/winter), population objective, population monitoring, and
thresholds for season restriction or closure.
The harvest allocation design and harvest monitoring plan were to
be completed by November 1, 2016. Additionally, there was an explicit
statement that the limited, legalized harvest of 3,500 birds was not in
addition to existing subsistence harvest (approximately 3,200 emperor
geese). The 3,500-bird allowable harvest was to be allocated to
subsistence users during the spring and summer subsistence season. The
SRC suggested that the allowable harvest should be monitored to ensure
it does not exceed 3,500 birds.
On August 13-14, and September 21, 2015, the Co-management Council
Native Caucus met separately and with all partners to discuss options
available to limit and monitor the harvest, as well as options to
allocate the 3,500 birds across the six regions where emperor geese
occur. Given the limited time provided to address the four conditions
placed on this new harvest by the SRC, all partners agreed that the
best course of action would be to spend additional time working
together to develop a culturally sensitive framework tailored to each
participating region that conserves the population and adequately
addresses the data needs of all partners. In support of this
recommendation, the Co-management Council took action to: Postpone an
emperor goose harvest until 2017; work with all partners to develop the
harvest framework; and work with their Emperor Goose Subcommittee and
the Pacific Flyway Council on updating the Pacific Flyway Emperor Goose
Management Plan.
In 2016, work continued on the Alaska Migratory Bird Co-management
Council draft Management Plan for emperor geese. The Co-management
Council's Management Plan was the first of its kind developed
cooperatively for managing the emperor goose population of Alaska and
was signed by the Co-management Council on September 1, 2016. Adoption
of the Co-management Council's Emperor Goose Management Plan was
contingent on the adoption of the Pacific Flyway Emperor Goose
Management Plan by the Pacific Flyway Council. The Pacific Flyway
Council adopted the 2016 Pacific Flyway Emperor Goose Management Plan
on September 30, 2016. The Co-management Council's Management Plan
specifies regulations for the spring/summer subsistence hunt period and
will serve as a companion to the 2016 revision of the Pacific Flyway
Management Plan for the Emperor Goose, which specifies regulations for
the fall/winter harvest of emperor geese. The Co-management Council's
Management Plan supersedes the Yukon-Kuskokwim Delta Goose Management
Plan for emperor goose management. In both management plans, the spring
survey index was been replaced by a summer survey index of indicated
total birds (total bird index) derived from aerial surveys of emperor
goose abundance on the Yukon-Kuskokwim Delta (YKD Coastal Zone Survey).
The total bird index is less biased and more precise than the spring
survey index and is based on statistical sampling theory. The 2016
survey index was 34,109 (SE = 2,490) emperor geese, which equates to a
total rangewide population of about 177,000 geese. The most recent 3-
year (2014-2016) average population index is 30,965 emperor geese,
representing a total rangewide population of about 161,000 geese. The
Co-management Council's Plan for the emperor goose establishes a
population objective consistent with the abundance achieved in 2016
(i.e., abundance index = 34,109) after about 30 years of hunting season
closures.
The total bird index and population objective are viewed as interim
strategies that will be reevaluated after 3 years of the Co-management
Council's Management Plan implementation, while other population-
assessment models are further evaluated and refined, and an agreement
developed on the most appropriate short- and long-term survey
protocols.
The Co-management Council's Management Plan outlines an emperor
goose harvest strategy based on using a
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total bird index from the YKD Coastal Zone Survey to assess population
status relative to a regulatory harvest threshold. The total bird index
is a relative measure of population size based on the number of geese
detected from aerial surveys on the Yukon-Kuskokwim Delta during the
early nesting period. The Co-management Council's Plan allows for an
open subsistence harvest when the YKD Coastal Zone Survey index equals
or exceeds 28,000 geese, which equates to a total rangewide population
size of about 146,000 geese based on current model-based estimates. A
more restrictive harvest quota will be considered if the population
index declines below 28,000 geese to help reduce the probability for a
subsequent closed season. The harvest season will be closed if the
population index declines below 23,000 emperor geese, which equates to
a total rangewide population size of about 120,000 geese. The decision
to restrict the harvest quota when the population is between 23,000 and
28,000 geese depends on Co-management Council recommendations to the
Service after review of current year population status relative to the
objective, trends, and other information. The Service maintains
authority to establish a more conservative quota for allowable take if
determined appropriate.
The population thresholds for consideration of hunting season
restrictions and closure represent about 80 percent and 70 percent of
the population objective (i.e., abundance level achieved in 2016;
34,109 geese). Selection of these thresholds by the Service and the Co-
management Council were informed by an analysis conducted by the
Service. The Service's analysis derived the hunting season restrictions
and closure thresholds given conservation and harvest objectives,
uncertainty in abundance and harvest estimation, and a predictive
demographic model (E. Osnas and C. Frost, U.S. Fish and Wildlife
Service, unpublished report).
The term of this harvest strategy is 5 years. However, during the
3-year period (2017-2019) following implementation, the Subcommittee
will annually review available data (e.g., harvest survey data,
population status and trend, and other relevant information) and
consider the need for conservation measures. After the 3-year period,
the Subcommittee will conduct a thorough analysis of the available data
to determine efficacy of the harvest strategy and will consider
alternative strategies if warranted. Alternatives will be considered as
amendments to the management plan and be effective for the remainder of
the 5-year term. The spring/summer subsistence harvest-strategy is
complementary to the fall/winter harvest strategy included in the
Pacific Flyway Emperor Goose Management Plan. In recognition that
emperor geese are a shared resource, the Co-Management Council has
established the following spring/summer subsistence-harvest guidelines:
(1) The harvest strategy seeks to maintain a population of emperor
geese above an index of 23,000 birds based on the total bird index from
the most recent YKD Coastal Zone Survey;
(2) If the total bird index from the previous year is greater than
23,000 birds, then spring/summer subsistence harvest of emperor geese
will be open to customary and traditional practices;
(3) If the total bird index from the previous year drops below
28,000 birds, the Co-management Council will consider implementing
conservation measures that include: Increased outreach and education
programs, reduced season length (e.g., 2-week harvest season),
extension of the 30-day closure, cessation of egg collection, limiting
hunting to elder and ceremonial harvest only, or other measures as
identified by the parties to the management plan; and
(4) If the total bird index from the previous year is less than
23,000 birds, then emperor goose hunting will be closed.
The Service finds that this approach will provide for the
preservation and maintenance of emperor geese in Alaska. See 16 U.S.C.
712(1).
The Association of Village Council Presidents' Waterfowl
Conservation Committee submitted a proposal to open egg gathering of
the cackling goose subspecies of Canada goose (Branta canadensis) in
the Yukon/Kuskokwim Delta Region of Alaska. Currently all of the
cackling geese nest on the Yukon/Kuskokwim Delta. The 2016 fall
cackling Canada goose population index is 327,453 21,104
(SE) birds and the 3-year (2014-2016) average is 320,658 birds. These
estimates are 5.7 percent below and 0.9 percent above, respectively,
those reported in 2015, and above the population objective threshold of
250,000 birds. The Co-management Council voted in April 2016 to support
the proposal with the modification that the dates for egg collecting
would be lumped with the existing harvest season that is announced
annually by the Service's Regional Director or his designee, after
consultation with field biologists and the Association of Village
Council Presidents' Waterfowl Conservation Committee. This season would
include a 30-day closure to protect nesting birds. Likewise, we find
that this approach will provide for the preservation and maintenance of
the subspecies population of cackling geese.
Subpart D
The regulations in subpart D, Annual Regulations Governing
Subsistence Harvest, include changes from our 2016 regulations for the
Prince William Sound East and Northwest Arctic regions as discussed
below.
The Chugach Regional Resource Commission submitted a proposal to
open the Cordova subsistence harvest, on the barriers islands of Prince
William Sound, to include residents of Tatitlek and Chenega Bay. This
would allow residents of these two small communities also to be able to
take advantage of this limited harvest opportunity in their area. The
number of participants from Cordova is much smaller than originally
anticipated; thus, it is likely that added eligibility for these two
small communities would not pose a significant increase in harvest. The
Co-management Council supported this proposal with the provision that
registration would be available in each community, and that outreach
would be provided on the regulations.
The Northwest Arctic Regional Council submitted a proposal to amend
hunting season dates to reflect a trend for earlier spring migration
and to be able to hunt molting geese that stage in their area. In
subsequent meetings between the Service and the Regional Council, dates
were adjusted and clarified to have waterfowl harvest, including
hunting and egg gathering, from April 2 through June 14, which would
resume July 16, after the required 30-day nesting closure. The harvest
of nonbreeding, molting geese would run July 1 through July 15. The Co-
management Council unanimously supported the amended dates at their
Statewide meeting in April 2016.
How will the service ensure that the subsistence migratory bird harvest
complies with the Migratory Bird Treaty Act, and will not threaten the
conservation of endangered and threatened species?
We have monitored subsistence harvest for the past 25 years through
the use of household surveys in the most heavily used subsistence
harvest areas, such as the Yukon-Kuskokwim Delta. In recent years, more
intensive surveys combined with outreach efforts focused on species
identification have been added to improve the accuracy of information
gathered from regions still
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reporting some subsistence harvest of listed or candidate species.
Based on our monitoring of the migratory bird species and
populations taken for subsistence, we find that this regulation will
provide for the preservation and maintenance of migratory bird stocks
as required by the Migratory Bird Treaty Act (16 U.S.C. 703-712). The
Act's 16 U.S.C. 712(1) provision states that the Service, ``is
authorized to issue such regulations as may be necessary to assure that
the taking of migratory birds and the collection of their eggs, by the
indigenous inhabitants of the State of Alaska, shall be permitted for
their own nutritional and other essential needs, as determined by the
Secretary of the Interior, during seasons established so as to provide
for the preservation and maintenance of stocks of migratory birds.''
Communication and coordination between the Service, the Co-management
Council, and the Pacific Flyway Council have allowed us to set harvest
regulations to ensure the long-term viability of the migratory bird
stocks. In addition, Alaska migratory bird subsistence harvest rates
have continued to decline since the inception of the subsistence-
harvest program, reducing concerns about the program's consistency with
the preservation and maintenance of stocks of migratory birds.
As for the ensuring the conservation of Endangered Species Act
(ESA)-listed species, spectacled eiders (Somateria fischeri) and the
Alaska-breeding population of Steller's eiders (Polysticta stelleri)
are listed as threatened species. Their migration and breeding
distribution overlap with areas where the spring and summer subsistence
migratory bird hunt is open in Alaska. Both species are closed to
hunting, although harvest surveys and Service documentation indicate
both species are taken in several regions of Alaska. We have determined
that this final rule complies with the ESA (see Endangered Species Act
Consideration discussion, below).
The Service has dual objectives and responsibilities for
authorizing a subsistence harvest while protecting migratory birds and
threatened species. Although these objectives continue to be
challenging, they are not irreconcilable, provided that: (1)
Regulations continue to protect threatened species, (2) measures to
address documented threats are implemented, and (3) the subsistence
community and other conservation partners commit to working together.
With these dual objectives in mind, the Service, working with North
Slope partners, developed measures in 2009 to further reduce the
potential for shooting mortality or injury of closed species. These
conservation measures included: (1) Increased waterfowl hunter outreach
and community awareness through partnering with the North Slope
Migratory Bird Task Force; and (2) continued enforcement of the
migratory bird regulations that are protective of listed eiders.
This rule continues to focus on the North Slope from Barrow to
Point Hope because Steller's eiders from the listed Alaska breeding
population are known to breed and migrate there, and harvest survey
data and direct observations indicate take during subsistence harvest
has occurred there. These regulations are designed to address several
ongoing eider-management needs by clarifying for subsistence users that
(1) Service law enforcement personnel have authority to verify species
of birds possessed by hunters, and (2) it is illegal to possess any
species of bird closed to harvest. This rule also describes how the
Service's existing authority of emergency closure would be implemented,
if necessary, to protect Steller's eiders. We are always willing to
discuss regulations with our partners on the North Slope to ensure
protection of closed species while providing subsistence hunters an
opportunity to maintain the culture and traditional migratory bird
harvest of the community. These regulations pertaining to bag checks
and possession of illegal birds are deemed necessary to monitor take of
closed eider species during the subsistence hunt.
In collaboration with North Slope partners, a number of
conservation efforts have been implemented to raise awareness and
educate hunters on Steller's eider conservation via the bird fair,
meetings, radio shows, signs, school visits, and one-on-one contacts.
Limited intermittent monitoring on the North Slope, focused primarily
at Barrow, found no evidence that listed eiders were shot in 2009
through 2012; one Steller's eider and one spectacled eider were found
shot during the summer of 2013; one Steller's eider was found shot in
2014; and no listed eiders were found shot in 2015 or 2016. Elsewhere
in Alaska, one spectacled eider that appeared to have been shot was
found dead on the Yukon-Kuskokwim Delta in 2015. The Service
acknowledges progress made with the other eider conservation measures,
including partnering with the North Slope Migratory Bird Task Force,
for increased waterfowl-hunter awareness, continued enforcement of the
regulations, and in-season verification of the harvest. To reduce the
threat of shooting mortality of threatened eiders, we continue to work
with North Slope partners to conduct education and outreach. In
addition, the emergency-closure authority provides another level of
assurance if an unexpected number of Steller's eiders are killed by
shooting (50 CFR 92.21 and 50 CFR 92.32).
In-season harvest-monitoring information will be used to evaluate
the efficacy of regulations, conservation measures, and outreach
efforts. Conservation measures are being continued by the Service, with
the amount of effort and emphasis being based on regulatory adherence.
The longstanding general emergency-closure provision at 50 CFR
92.21 specifies that the harvest may be closed or temporarily suspended
upon finding that a continuation of the regulation allowing the harvest
would pose an imminent threat to the conservation of any migratory bird
population. With regard to Steller's eiders, the regulations at 50 CFR
92.32, carried over from the past 6 years, clarify that we will take
action under 50 CFR 92.21 as is necessary to prevent further take of
Steller's eiders, and that action could include temporary or long-term
closures of the harvest in all or a portion of the geographic area open
to harvest. When and if mortality of threatened eiders is documented,
we will evaluate each mortality event by criteria such as cause,
quantity, sex, age, location, and date. We will consult with the Co-
management Council when we are considering an emergency closure. If we
determine that an emergency closure is necessary, we will design it to
minimize its impact on the subsistence harvest.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act (16 U.S.C. 1536) requires
the Secretary of the Interior to ``review other programs administered
by him and utilize such programs in furtherance of the purposes of the
Act'' and to ``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. * * *'' We conducted an
intra-agency consultation with the Service's Fairbanks Fish and
Wildlife Field Office on this harvest as it will be managed in
accordance with this final rule and the conservation measures. The
consultation was completed with a biological opinion dated March 13,
2017, that concluded the final rule and conservation measures are not
likely to jeopardize the continued existence of
[[Page 16302]]
Steller's and spectacled eiders or result in the destruction or adverse
modification of designated critical habitat.
Summary of Comments and Responses
On February 10, 2017, we published in the Federal Register a
proposed rule (82 FR 10316) to amend 50 CFR part 92 to establish
regulations in Alaska for the 2017 subsistence season. We accepted
public comments on the proposed rule for 30 days, ending March 13,
2017. We posted an announcement of the comment-period dates for the
proposed rule, as well as the rule itself and related historical
documents, on the Co-management Council's Internet homepage. By
facsimile (fax), we issued a press release, announcing our request for
public comments and the pertinent deadlines for such comments, to the
media Statewide in Alaska. Additionally, we made all relevant documents
available on http://www.regulations.gov. In response to the proposed
rule, the Service received seven comments. The comments are addressed
below by topic.
Comments (1 and 2): We received one general comment on the overall
regulations that expressed strong opposition to the concept of allowing
any hunting of migratory birds in Alaska; another commenter read the
above-mentioned comment online and rebutted it, defending waterfowl
hunting and its sustainability.
Service Response: For centuries, indigenous inhabitants of Alaska
have harvested migratory birds for subsistence purposes during the
spring and summer months. The Canada and Mexico migratory bird treaties
were amended for the express purpose of allowing subsistence hunting
for migratory birds during the spring and summer. The amendments
indicate that the Service should issue regulations allowing such
hunting as provided in the Migratory Bird Treaty Act; see 16 U.S.C.
712(1). See also Statutory Authority, below, for more details.
Comment (3): We received two comments on the opening of the emperor
goose harvest that expressed support for the renewed hunt, stating that
a properly managed hunt may actually help the birds by putting more
money into management of the species. Also, one commenter stated that
they were pleased this co-management effort will give Alaskans the
opportunity to hunt emperor geese again.
Service Response: The Service appreciates the support on this
conservation success story for emperor geese. Additional information is
provided in our response to Comments (4) and (5).
Comment (4): We received two comments on opening the emperor goose
harvest that expressed concern that the way the upcoming open
subsistence hunt is structured poses a risk to the emperor goose
population. Both commenters suggested lowering the number of emperor
geese allowed to be taken.
Service Response: The harvestable quotas were arrived at via a co-
management process that involved the Service, Alaska Department of Fish
and Game, and Alaska Native Peoples from all regions supporting emperor
geese. The term of this harvest strategy is 5 years. However, during
the 3-year period (2017-2019) following implementation, available
harvest-related data (e.g., harvest survey data, population status and
trend, and other relevant information) will be examined and the need
for conservation measures will be considered. Further, the harvest
strategy adopted by the Pacific Flyway Council and the Alaska Migratory
Bird Co-Management Council includes specific population indices
associated with customary and traditional harvest, restricted harvest,
and closure.
Comment (5): We received one comment on the upcoming emperor goose
harvest that suggested limiting the hunt to a narrower geographical
region to protect the nesting grounds.
Service Response: The majority of emperor geese nest on the Yukon-
Kuskokwim Delta. The Pacific Flyway Council and Alaska Migratory Bird
Co-Management Plans incorporate the use of the Yukon-Kuskokwim Coastal
Zone Breeding Pair Survey to monitor this population and the potential
effects of harvest, thereby ensuring the increased likelihood of
detecting any negative impacts to the breeding population. Finally, as
agreed upon in the amendment of the Migratory Bird Treaty Act (Japan
Treaty), the Yukon-Kuskokwim Delta region is required to identify and
enforce a 30-day closure period during the nesting season.
The structure of the emperor goose subsistence harvest in Alaska
was developed in a co-management process that provides equal access to
all qualified subsistence users. However, Alaska Native peoples living
in this region have primarily relied on Pacific white-fronted geese and
cackling Canada geese. While important from cultural and traditional
aspects, emperor geese have not comprised a substantive proportion of
migratory bird harvest in this region, and we do not expect high levels
of subsistence hunting activities on nesting grounds requiring that we
adopt the commenter's suggestion.
Statutory Authority
We derive our authority to issue these regulations from the
Migratory Bird Treaty Act of 1918, at 16 U.S.C. 712(1), which
authorizes the Secretary of the Interior, in accordance with the
treaties with Canada, Mexico, Japan, and Russia, to ``issue such
regulations as may be necessary to assure that the taking of migratory
birds and the collection of their eggs, by the indigenous inhabitants
of the State of Alaska, shall be permitted for their own nutritional
and other essential needs, as determined by the Secretary of the
Interior, during seasons established so as to provide for the
preservation and maintenance of stocks of migratory birds.''
Effective Date of This Rule
The amendments to subparts C and D of 50 CFR part 92 will take
effect on March 31, 2017 (see DATES, above). If there was a delay in
the effective date of these regulations after this final rulemaking,
subsistence hunters would not be able to take full advantage of their
subsistence hunting opportunities. We therefore find that ``good
cause'' exists justifying the earlier start date, within the terms of 5
U.S.C. 553(d)(3) of the Administrative Procedure Act, and under
authority of the Migratory Bird Treaty Act (July 3, 1918), as amended
(16 U.S.C. 703-712).
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed
[[Page 16303]]
this rule in a manner consistent with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). A regulatory flexibility analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required. This rule
legalizes a pre-existing subsistence activity, and the resources
harvested will be consumed.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Will not have an annual effect on the economy of $100 million
or more. It legalizes and regulates a traditional subsistence activity.
It will not result in a substantial increase in subsistence harvest or
a significant change in harvesting patterns. The commodities that will
be regulated under this rule are migratory birds. This rule deals with
legalizing the subsistence harvest of migratory birds and, as such,
does not involve commodities traded in the marketplace. A small
economic benefit from this rule derives from the sale of equipment and
ammunition to carry out subsistence hunting. Most, if not all,
businesses that sell hunting equipment in rural Alaska qualify as small
businesses. We have no reason to believe that this rule will lead to a
disproportionate distribution of benefits.
(b) Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule does not deal with traded
commodities and, therefore, will not have an impact on prices for
consumers.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rule deals with the harvesting of wildlife for personal consumption. It
will not regulate the marketplace in any way to generate substantial
effects on the economy or the ability of businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on local, State, or tribal
governments or private entities. The rule does not have a significant
or unique effect on State, local, or tribal governments or the private
sector. A statement containing the information required by the Unfunded
Mandates Reform Act is not required. Participation on regional
management bodies and the Co-management Council requires travel
expenses for some Alaska Native organizations and local governments. In
addition, they assume some expenses related to coordinating involvement
of village councils in the regulatory process. Total coordination and
travel expenses for all Alaska Native organizations are estimated to be
less than $300,000 per year. In a notice of decision (65 FR 16405;
March 28, 2000), we identified 7 to 12 partner organizations (Alaska
Native nonprofits and local governments) to administer the regional
programs. The Alaska Department of Fish and Game also incurs expenses
for travel to Co-management Council and regional management body
meetings. In addition, the State of Alaska will be required to provide
technical staff support to each of the regional management bodies and
to the Co-management Council. Expenses for the State's involvement may
exceed $100,000 per year, but should not exceed $150,000 per year. When
funding permits, we make annual grant agreements available to the
partner organizations and the Alaska Department of Fish and Game to
help offset their expenses.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this rule will not
have significant takings implications. This rule is not specific to
particular land ownership, but applies to the harvesting of migratory
bird resources throughout Alaska. A takings implication assessment is
not required.
Federalism (Executive Order 13132)
Under the criteria in Executive Order 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. We discuss effects of this rule on
the State of Alaska in the Unfunded Mandates Reform Act section, above.
We worked with the State of Alaska to develop these regulations.
Therefore, a federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
The Department, in promulgating this rule, has determined that it
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.
Government-to-Government Relations With Native American Tribal
Governments
Consistent with Executive Order 13175 (65 FR 67249; November 6,
2000), ``Consultation and Coordination with Indian Tribal
Governments'', and Department of Interior policy on Consultation with
Indian Tribes (December 1, 2011), in February 2016, we sent letters via
electronic mail to all 229 Alaska Federally recognized Indian tribes.
Consistent with Congressional direction (Pub. L. 108-199, div. H, Sec.
161, Jan. 23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div.
H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also sent
letters to approximately 200 Alaska Native corporations and other
tribal entities in Alaska soliciting their input if they would like the
Service to consult with them on the 2017 migratory bird subsistence
harvest regulations. We received no requests for consultation.
We implemented the amended treaty with Canada with a focus on local
involvement. The treaty calls for the creation of management bodies to
ensure an effective and meaningful role for Alaska's indigenous
inhabitants in the conservation of migratory birds. According to the
Letter of Submittal, management bodies are to include Alaska Native,
Federal, and State of Alaska representatives as equals. They develop
recommendations for, among other things: Seasons and bag limits,
methods and means of take, law enforcement policies, population and
harvest monitoring, education programs, research and use of traditional
knowledge, and habitat protection. The management bodies involve
village councils to the maximum extent possible in all aspects of
management. To ensure maximum input at the village level, we required
each of the 11 participating regions to create regional management
bodies consisting of at least one representative from the participating
villages. The regional management bodies meet twice annually to review
and/or submit proposals to the Statewide body.
Paperwork Reduction Act of 1995 (PRA)
This rule does not contain any new collections of information that
require
[[Page 16304]]
Office of Management and Budget (OMB) approval under the PRA (44 U.S.C.
3501 et seq.). We may not conduct or sponsor and you are not required
to respond to a collection of information unless it displays a
currently valid OMB control number. OMB has reviewed and approved our
collection of information associated with:
Voluntary annual household surveys that we use to
determine levels of subsistence take (OMB Control Number 1018-0124,
expires October 31, 2019).
Permits associated with subsistence hunting (OMB Control
Number 1018-0075, expires June 30, 2019).
Emperor Goose Spring Subsistence Harvest Survey (to
include number of geese harvested, age, sex, and mass of birds
harvested associated) (OMB Control Number 1090-0011, expires August 31,
2018).
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The annual regulations and options are considered in a December
2016 environmental assessment, ``Managing Migratory Bird Subsistence
Hunting in Alaska: Hunting Regulations for the 2017 Spring/Summer
Harvest.'' Copies are available from the person listed under FOR
FURTHER INFORMATION CONTACT or at http://www.regulations.gov.
Energy Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This is not a
significant regulatory action under this Executive Order; it allows
only for traditional subsistence harvest and improves conservation of
migratory birds by allowing effective regulation of this harvest.
Further, this rule is not expected to significantly affect energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action under Executive Order 13211, and a Statement
of Energy Effects is not required.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, we amend title 50, chapter
I, subchapter G, of the Code of Federal Regulations as follows:
PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA
0
1. The authority citation for part 92 continues to read as follows:
Authority: 16 U.S.C. 703-712.
Subpart C--General Regulations Governing Subsistence Harvest
0
2. Amend Sec. 92.22 by:
0
a. Redesignating paragraph (a)(3) as paragraph (a)(4);
0
b. Adding a new paragraph (a)(3); and
0
c. Revising paragraph (a)(6).
The addition and revision read as follows:
Sec. 92.22 Subsistence migratory bird species.
* * * * *
(a) * * *
(3) Emperor goose (Chen canagica).
* * * * *
(6) Canada goose, subspecies cackling goose.
* * * * *
Subpart D--Annual Regulations Governing Subsistence Harvest
0
3. Amend subpart D by adding Sec. 92.31 to read as follows:
Sec. 92.31 Region-specific regulations.
The 2017 season dates for the eligible subsistence-harvest areas
are as follows:
(a) Aleutian/Pribilof Islands Region.
(1) Northern Unit (Pribilof Islands):
(i) Season: April 2-June 30.
(ii) Closure: July 1-August 31.
(2) Central Unit (Aleutian Region's eastern boundary on the Alaska
Peninsula westward to and including Unalaska Island):
(i) Season: April 2-June 15 and July 16-August 31.
(ii) Closure: June 16-July 15.
(iii) Special Black Brant Season Closure: August 16-August 31, only
in Izembek and Moffet lagoons.
(iv) Special Tundra Swan Closure: All hunting and egg gathering
closed in Game Management Units 9(D) and 10.
(3) Western Unit (Umnak Island west to and including Attu Island):
(i) Season: April 2-July 15 and August 16-August 31.
(ii) Closure: July 16-August 15.
(b) Yukon/Kuskokwim Delta Region.
(1) Season: April 2-August 31.
(2) Closure: 30-day closure dates to be announced by the Service's
Alaska Regional Director or his designee, after consultation with field
biologists and the Association of Village Council President's Waterfowl
Conservation Committee. This 30-day period will occur between June 1
and August 15 of each year. A press release announcing the actual
closure dates will be forwarded to regional newspapers and radio and
television stations.
(3) Special Black Brant and Cackling Canada Goose Season Hunting
Closure: From the period when egg laying begins until young birds are
fledged. Closure dates to be announced by the Service's Alaska Regional
Director or his designee, after consultation with field biologists and
the Association of Village Council President's Waterfowl Conservation
Committee. A press release announcing the actual closure dates will be
forwarded to regional newspapers and radio and television stations.
(c) Bristol Bay Region.
(1) Season: April 2-June 14 and July 16-August 31 (general season);
April 2-July 15 for seabird egg gathering only.
(2) Closure: June 15-July 15 (general season); July 16-August 31
(seabird egg gathering).
(d) Bering Strait/Norton Sound Region.
(1) Stebbins/St. Michael Area (Point Romanof to Canal Point):
(i) Season: April 15-June 14 and July 16-August 31.
(ii) Closure: June 15-July 15.
(2) Remainder of the region:
(i) Season: April 2-June 14 and July 16-August 31 for waterfowl;
April 2-July 19 and August 21-August 31 for all other birds.
(ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for
all other birds.
(e) Kodiak Archipelago Region, except for the Kodiak Island roaded
area, which is closed to the harvesting of migratory birds and their
eggs. The closed area consists of all lands and waters (including
exposed tidelands) east of a line extending from Crag Point in the
north to the west end of Saltery Cove in the south and all lands and
water south of a line extending from Termination Point along the north
side of Cascade Lake extending to Anton Larsen Bay. Marine waters
adjacent to the closed area are closed to harvest within 500 feet from
the water's edge. The offshore islands are open to harvest.
(1) Season: April 2-June 30 and July 31-August 31 for seabirds;
April 2-June 20 and July 22-August 31 for all other birds.
(2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all
other birds.
(f) Northwest Arctic Region.
(1) Season: April 2-June 14 and July 16-August 31 (hunting in
general); waterfowl egg gathering April 2-June 14 only; seabird egg
gathering May 20-July 12 only; hunting molting/non-nesting waterfowl
July 1-July 15 only.
[[Page 16305]]
(2) Closure: June 15-July 15, except for the taking of seabird eggs
and molting/non-nesting waterfowl as provided in paragraph (f)(1) of
this section.
(g) North Slope Region.
(1) Southern Unit (Southwestern North Slope regional boundary east
to Peard Bay, everything west of the longitude line 158[deg]30' W. and
south of the latitude line 70[deg]45' N. to the west bank of the
Ikpikpuk River, and everything south of the latitude line 69[deg]45' N.
between the west bank of the Ikpikpuk River to the east bank of
Sagavinirktok River):
(i) Season: April 2-June 29 and July 30-August 31 for seabirds;
April 2-June 19 and July 20-August 31 for all other birds.
(ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all
other birds.
(iii) Special Black Brant Hunting Opening: From June 20-July 5. The
open area consists of the coastline, from mean high water line outward
to include open water, from Nokotlek Point east to longitude line
158[deg]30' W. This includes Peard Bay, Kugrua Bay, and Wainwright
Inlet, but not the Kuk and Kugrua river drainages.
(2) Northern Unit (At Peard Bay, everything east of the longitude
line 158[deg]30' W. and north of the latitude line 70[deg]45' N. to
west bank of the Ikpikpuk River, and everything north of the latitude
line 69[deg]45' N. between the west bank of the Ikpikpuk River to the
east bank of Sagavinirktok River):
(i) Season: April 2-June 6 and July 7-August 31 for king and common
eiders; April 2-June 15 and July 16-August 31 for all other birds.
(ii) Closure: June 7-July 6 for king and common eiders; June 16-
July 15 for all other birds.
(3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
(i) Season: April 2-June 19 and July 20-August 31.
(ii) Closure: June 20-July 19.
(4) All Units: yellow-billed loons. Annually, up to 20 yellow-
billed loons total for the region inadvertently entangled in
subsistence fishing nets in the North Slope Region may be kept for
subsistence use.
(5) North Coastal Zone (Cape Thompson north to Point Hope and east
along the Arctic Ocean coastline around Point Barrow to Ross Point,
including Iko Bay, and 5 miles inland).
(i) No person may at any time, by any means, or in any manner,
possess or have in custody any migratory bird or part thereof, taken in
violation of subparts C and D of this part.
(ii) Upon request from a Service law enforcement officer, hunters
taking, attempting to take, or transporting migratory birds taken
during the subsistence harvest season must present them to the officer
for species identification.
(h) Interior Region.
(1) Season: April 2-June 14 and July 16-August 31; egg gathering
May 1-June 14 only.
(2) Closure: June 15-July 15.
(i) Upper Copper River Region (Harvest Area: Game Management Units
11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper
Center, Gakona, Mentasta Lake, Chistochina and Cantwell).
(1) Season: April 15-May 26 and June 27-August 31.
(2) Closure: May 27-June 26.
(3) The Copper River Basin communities listed above also documented
traditional use harvesting birds in Game Management Unit 12, making
them eligible to hunt in this unit using the seasons specified in
paragraph (h) of this section.
(j) Gulf of Alaska Region.
(1) Prince William Sound Area West (Harvest area: Game Management
Unit 6[D]), (Eligible Chugach communities: Chenega Bay, Tatitlek):
(i) Season: April 2-May 31 and July 1-August 31.
(ii) Closure: June 1-30.
(2) Prince William Sound Area East (Harvest area: Game Management
Units 6[B]and [C]--Barrier Islands between Strawberry Channel and
Softtuk Bar), (Eligible Chugach communities: Cordova, Tatitlek, and
Chenega Bay):
(i) Season: April 2-April 30 (hunting); May 1-May 31 (gull egg
gathering).
(ii) Closure: May 1-August 31 (hunting); April 2-30 and June 1-
August 31 (gull egg gathering).
(iii) Species Open for Hunting: greater white-fronted goose; snow
goose; gadwall; Eurasian and American wigeon; blue-winged and green-
winged teal; mallard; northern shoveler; northern pintail; canvasback;
redhead; ring-necked duck; greater and lesser scaup; king and common
eider; harlequin duck; surf, white-winged, and black scoter; long-
tailed duck; bufflehead; common and Barrow's goldeneye; hooded, common,
and red-breasted merganser; and sandhill crane. Species open for egg
gathering: Glaucous-winged, herring, and mew gulls.
(iv) Use of Boats/All-Terrain Vehicles: No hunting from motorized
vehicles or any form of watercraft.
(v) Special Registration: All hunters or egg gatherers must possess
an annual permit, which is available from the Cordova offices of the
Native Village of Eyak and the U. S. Forest Service.
(3) Kachemak Bay Area (Harvest area: Game Management Unit 15[C]
South of a line connecting the tip of Homer Spit to the mouth of Fox
River) (Eligible Chugach Communities: Port Graham, Nanwalek):
(i) Season: April 2-May 31 and July 1-August 31.
(ii) Closure: June 1-30.
(k) Cook Inlet (Harvest area: portions of Game Management Unit
16[B] as specified below) (Eligible communities: Tyonek only):
(1) Season: April 2-May 31--That portion of Game Management Unit
16(B) south of the Skwentna River and west of the Yentna River, and
August 1-31--That portion of Game Management Unit 16(B) south of the
Beluga River, Beluga Lake, and the Triumvirate Glacier.
(2) Closure: June 1-July 31.
(l) Southeast Alaska.
(1) Community of Hoonah (Harvest area: National Forest lands in Icy
Strait and Cross Sound, including Middle Pass Rock near the Inian
Islands, Table Rock in Cross Sound, and other traditional locations on
the coast of Yakobi Island. The land and waters of Glacier Bay National
Park remain closed to all subsistence harvesting (50 CFR part
100.3(a)):
(i) Season: Glaucous-winged gull egg gathering only: May 15-June
30.
(ii) Closure: July 1-August 31.
(2) Communities of Craig and Hydaburg (Harvest area: Small islands
and adjacent shoreline of western Prince of Wales Island from Point
Baker to Cape Chacon, but also including Coronation and Warren
islands):
(i) Season: Glaucous-winged gull egg gathering only: May 15-June
30.
(ii) Closure: July 1-August 31.
(3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point
Riou), and coastal lands and islands bordering the Gulf of Alaska from
Point Manby southeast to and including Dry Bay):
(i) Season: Glaucous-winged gull egg gathering: May 15-June 30.
(ii) Closure: July 1-August 31.
0
4. Amend subpart D by adding Sec. 92.32 to read as follows:
Sec. 92.32 Emergency regulations to protect Steller's eiders.
Upon finding that continuation of these subsistence regulations
would pose an imminent threat to the conservation of threatened
Steller's eiders (Polysticta stelleri), the U.S. Fish and Wildlife
Service Alaska Regional Director, in consultation with the Co-
management Council, will immediately under Sec. 92.21 take action as
is necessary to prevent further take. Regulation
[[Page 16306]]
changes implemented could range from a temporary closure of duck
hunting in a small geographic area to large-scale regional or Statewide
long-term closures of all subsistence migratory bird hunting. These
closures or temporary suspensions will remain in effect until the
Regional Director, in consultation with the Co-management Council,
determines that the potential for additional Steller's eiders to be
taken no longer exists.
Dated: March 28, 2017.
Maureen D. Foster,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-06592 Filed 3-31-17; 8:45 am]
BILLING CODE 4333-15-P