[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Proposed Rules]
[Pages 4623-4629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02001]
[[Page 4623]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2017-0087; FXMB12610700000-189-FF07M01000]
RIN 1018-BC70
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2018 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is
proposing migratory bird subsistence harvest regulations in Alaska for
the 2018 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 proposes region-
specific regulations that would go into effect on April 2, 2018.
DATES: We will accept comments received or postmarked on or before
March 5, 2018. We must receive requests for public hearings, in
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by
February 16, 2018.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R7-
MB-2017-0087.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R7-MB-2017-0087; Division of Policy, Performance, and
Management Programs; U.S. Fish and Wildlife Service; 5275 Leesburg
Place, MS: BPHC; Falls Church, VA 22041-3803.
We will not accept email or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comment Procedures
section, below, for more detailed information).
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:
Public Comment Procedures
To ensure that any action resulting from this proposed rule will be
as accurate and as effective as possible, we request that you send
relevant information for our consideration. The comments that will be
most useful and likely to influence our decisions are those that you
support by quantitative information or studies and those that include
citations to, and analyses of, the applicable laws and regulations.
Please make your comments as specific as possible and explain the basis
for them. In addition, please include sufficient information with your
comments to allow us to authenticate any scientific or commercial data
you include.
You must submit your comments and materials concerning this
proposed rule by one of the methods listed above in ADDRESSES. We will
not accept comments sent by email or fax or to an address not listed in
ADDRESSES. If you submit a comment via http://www.regulations.gov, your
entire comment--including any personal identifying information, such as
your address, telephone number, or email address--will be posted on the
website. When you submit a comment, the system receives it immediately.
However, the comment will not be publicly viewable until we post it,
which might not occur until several days after submission.
If you mail or hand-carry a hardcopy comment directly to us that
includes personal information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so. To ensure that the
electronic docket for this rulemaking is complete and all comments we
receive are publicly available, we will post all hardcopy comments on
http://www.regulations.gov.
In addition, comments and materials we receive, as well as
supporting documentation used in preparing this proposed rule, will be
available for public inspection in two ways:
(1) You can view them on http://www.regulations.gov. Search for
FWS-R7-MB-2017-0087, which is the docket number for this rulemaking.
(2) You can make an appointment, during normal business hours, to
view the comments and materials in person at the Division of Migratory
Bird Management, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-
3803; (703) 358-1714.
Public Availability of Comments
As stated above in more detail, before including your address,
phone number, email address, or other personal identifying information
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly
available at any time. While you can ask us in your comment to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Length of Comment Period
Implementation of the Service's 2013 supplemental environmental
impact statement on the hunting of migratory birds has resulted in
changes to the overall timing of the annual regulatory schedule for the
establishment of migratory bird hunting regulations and the Alaska
migratory bird subsistence harvest regulations. That is, moving the
annual Service Regulations Committee meeting from July to October has
greatly shortened our period to publish the proposed regulations and
solicit comments. We are further bounded by a subsistence harvest start
date of April 2, 2018, making a 60-day comment period problematic and
increasing the risk of not having regulations established before the
start of the subsistence season. Thus, we have established a 30-day
comment period for this proposed rule (see DATES, above), and we will
be conducting tribal consultations within Alaska simultaneously. We
believe a 30-day comment period gives the public adequate time to
provide meaningful comments. In addition, the proposed regulations in
this document for the 2018 season are the same as the final regulations
we published on April 4, 2017 (82 FR 16298), for the 2017 season.
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 proposes regulations for the taking of migratory
birds for subsistence uses in Alaska during the spring and summer of
2018. This proposed rule also sets forth a list of migratory bird
season openings and closures in Alaska by region.
[[Page 4624]]
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 4, 2017 (82 FR 16298).
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 proposing migratory bird
subsistence-harvest regulations in Alaska for the 2018 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 5-6, 2017, to develop recommendations
for changes that would take effect during the 2018 harvest season. The
Co-management Council recommended no changes for the 2018 regulations.
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.
Amendments to 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 amending
cackling goose to allow egg gathering. These changes were originally
made in the 2017 regulations (82 FR 16298; April 4, 2017), but were
mistakenly set to expire August 31, 2017. We intended these changes to
subpart C to be permanent; therefore, we are setting them forth again
in this proposed rule with the intent to make them permanent when we
publish a final rule for this action.
How would the service ensure that the subsistence migratory bird
harvest complies with the Migratory Bird Treaty Act, and would 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 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 would
provide for the preservation and maintenance of migratory bird stocks
as required by the Migratory Bird Treaty Act (Act; 16 U.S.C. 703 et
seq.). 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; 16 U.S.C. 1531 et seq.), 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 proposed rule would comply 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
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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 proposed rule continues to focus on the North Slope from
Utqiagvik (formerly known as 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 proposed 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 in and around Utqiagvik on Steller's eider conservation
via the local bird outreach festival, meetings, radio shows, signs,
school visits, and one-on-one contacts. Limited intermittent monitoring
on the North Slope, focused primarily at Utqiagvik, 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 through 2017. 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).
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 7 years, clarify that we would 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 would evaluate each mortality event by criteria such as cause,
quantity, sex, age, location, and date. We would consult with the Co-
management Council when we are considering an emergency closure. If we
determine that an emergency closure is necessary, we would 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 (or her) 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. * * *''
Prior to issuance of annual spring and summer subsistence regulations,
we would consult under section 7 of the Endangered Species Act of 1973,
as amended (ESA; 16 U.S.C. 1531 et seq.), to ensure that the 2018
subsistence harvest is not likely to jeopardize the continued existence
of any species designated as endangered or threatened, or modify or
destroy its critical habitats, and that the regulations are consistent
with conservation programs for those species.
Consultation under section 7 of the ESA for the annual subsistence
take regulations may cause us to change these regulations. Our
biological opinion resulting from the section 7 consultation is a
public document available from the person listed under FOR FURTHER
INFORMATION CONTACT.
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.''
Required Determinations
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
This proposed rule is not subject to the requirements of Executive
Order 13771 (82 FR 9339, February 3, 2017) because this proposed rule
would establish annual harvest limits related to routine hunting or
fishing.
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 proposed 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 4626]]
this proposed rule in a manner consistent with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that, if adopted, this
proposed rule would 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 proposed rule would legalize a pre-existing
subsistence activity, and the resources harvested would be consumed.
Small Business Regulatory Enforcement Fairness Act
This proposed rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. This proposed rule:
(a) Would not have an annual effect on the economy of $100 million
or more. It legalizes and regulates a traditional subsistence activity.
It would not result in a substantial increase in subsistence harvest or
a significant change in harvesting patterns. The commodities that would
be regulated under this rule are migratory birds. This proposed 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 proposed 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 proposed rule
would lead to a disproportionate distribution of benefits.
(b) Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This proposed rule does not deal with
traded commodities and, therefore, would not have an impact on prices
for consumers.
(c) Would 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
proposed rule deals with the harvesting of wildlife for personal
consumption. It would 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 proposed rule would not impose a
cost of $100 million or more in any given year on local, State, or
tribal governments or private entities. The proposed rule would 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 would 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 proposed rule
would not have significant takings implications. This proposed 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 proposed rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. We discuss
effects of this proposed rule on the State of Alaska in the Unfunded
Mandates Reform Act section, above. We worked with the State of Alaska
to develop these proposed regulations. Therefore, a federalism summary
impact statement is not required.
Civil Justice Reform (Executive Order 12988)
The Department, in promulgating this proposed rule, has determined
that it would 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), we will send 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 send letters to
approximately 200 Alaska Native corporations and other tribal entities
in Alaska soliciting their input as to whether or not they would like
the Service to consult with them on the 2018 migratory bird subsistence
harvest regulations.
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.
[[Page 4627]]
Paperwork Reduction Act of 1995 (PRA)
This proposed rule does not contain any new collections of
information that require 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 an October
2017 environmental assessment, ``Managing Migratory Bird Subsistence
Hunting in Alaska: Hunting Regulations for the 2018 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 proposed 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.
Proposed Regulation Promulgation
For the reasons set out in the preamble, we propose to 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 2018 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 4628]]
(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 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
[[Page 4629]]
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: January 16, 2018.
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks
Exercising the Authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2018-02001 Filed 1-31-18; 8:45 am]
BILLING CODE 4333-15-P