[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Proposed Rules]
[Pages 11707-11716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03979]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2020-0134; FXMB12610700000-201-FF07M01000]
RIN 1018-BF08
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2021 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or USFWS) is
proposing changes to the migratory bird subsistence harvest regulations
in Alaska. 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 proposed changes would update
the regulations to incorporate revisions requested by these partners.
DATES: We will accept comments received or postmarked on or before
March 29, 2021.
Information Collection Requirements: If you wish to comment on the
information collection requirements in this proposed rule, please note
that the Office of Management and Budget (OMB) is required to make a
decision concerning the collection of information contained in this
proposed rule between 30 and 60 days after publication of this proposed
rule in the Federal Register. Therefore, comments should be submitted
to OMB by March 29, 2021.
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-2020-0134.
U.S. mail: Public Comments Processing, Attn: FWS-R7-MB-
2020-0134; U.S. Fish and Wildlife Service, MS: JAO/3W, 5275 Leesburg
Place, Falls Church, VA 22041-3803.
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
information).
[[Page 11708]]
Information Collection Requirements: Written comments and
suggestions on the information collection requirements should be
submitted within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. Please provide a copy of
your comments to the Service Information Collection Clearance Officer,
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W),
Falls Church, VA 22041-3803 (mail); or Info_Coll@fws.gov (email).
Please reference ``OMB Control Number 1018-BF08'' in the subject line
of your comments.
FOR FURTHER INFORMATION CONTACT: Eric J. Taylor, U.S. Fish and Wildlife
Service, 1011 E Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
903-7210.
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 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. All comments and materials we
receive will be available for public inspection via http://www.regulations.gov. Search for FWS-R7-MB-2020-0134, which is the
docket number for this rulemaking.
Background
The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.)
was enacted to conserve certain species of migratory birds and gives
the Secretary of the Interior the authority to regulate the harvest of
these birds. The law further authorizes the Secretary to issue
regulations to ensure that the indigenous inhabitants of the State of
Alaska may take migratory birds and collect their eggs for nutritional
and other essential needs during seasons established by the Secretary
``so as to provide for the preservation and maintenance of stocks of
migratory birds'' (16 U.S.C. 712(1)).
The take of migratory birds for subsistence uses in Alaska occurs
during the spring and summer, during which timeframe the sport harvest
of migratory birds is not allowed. Regulations governing the
subsistence harvest of migratory birds in Alaska are located in title
50 of the Code of Federal Regulations (CFR) in part 92. These
regulations allow for the continuation of customary and traditional
subsistence uses of migratory birds and prescribe regional information
on when and where the harvesting of birds in Alaska may occur.
The migratory bird subsistence harvest regulations are developed
cooperatively. The Alaska Migratory Bird Co-Management Council (Council
or AMBCC) consists of the U.S. Fish and Wildlife Service, the Alaska
Department of Fish and Game (ADFG), and representatives of Alaska's
Native population. The Council's primary purpose is to develop
recommendations pertaining to the subsistence harvest of migratory
birds.
The Council generally holds an annual spring meeting to develop
recommendations for migratory bird subsistence-harvest regulations in
Alaska that would take effect in the spring of the next year. In 2020,
the in-person spring meeting did not occur due to the coronavirus.
Instead, the Council met virtually via teleconference on May 4, 2020,
to approve subsistence harvest regulations that would take effect
during the 2021 harvest season. The Council's recommendations were
presented to the Pacific Flyway Council for review and subsequent
submission to the Service Regulations Committee (SRC) for approval at
the SRC meeting on October 20-21, 2020.
This proposed rule contains two changes to the subsistence harvest
regulations recommended by the Council in 2020 for the subsistence
harvest season, and three clarifications, as described below.
Proposed Revisions to the Regulations
Per the collaborative process described above, this document
proposes updates to the regulations for the taking of migratory birds
for subsistence uses in Alaska during the spring and summer.
For the 2021 season, we are proposing one change to the regulations
in part 92, subpart A (general provisions) and one change to part 92,
subpart C (general regulations governing the subsistence harvest). In
addition, we include three clarifications, as described below.
(1) Upper Copper River Region Permit for Hunters From Excluded Areas To
Hunt in the Region
This proposed change to the regulations in part 92, subpart A
(general provisions) would add another method (a permit) to invite a
hunter from an excluded area to participate in the spring-summer
subsistence hunt in the Upper Copper River region.
Current regulations in 50 CFR 92.5(d) allow immediate family
members (children, parents, grandparents, and siblings) living in
excluded areas to participate in the customary spring-summer
subsistence harvest of migratory birds in a village's subsistence area,
if invited via letter by the respective Village Council, to assist
permanent residents of the village in meeting their nutritional and
other essential needs or for teaching cultural knowledge. A letter of
invitation is sent to the hunter with a copy provided to the Executive
Director of the AMBCC, who will inform the Service's Alaska Regional
Office of Law Enforcement within 2 business days. In addition to the
letter of invitation, this proposal would add another method (a permit)
to invite a hunter from an excluded area to participate in the spring-
summer subsistence hunt in the Upper Copper River region. The permit
would certify that the prospective hunter is an immediate family member
as defined in 50 CFR 92.4 and is thereby authorized to assist family
members in hunting migratory birds in the subsistence harvest area of
the region.
To date, the AMBCC Executive Director has received two letters of
invitation to hunt in the State of Alaska since the last revision of 50
CFR 92.5(d) in 2014 (79 FR 19454, April 8, 2014). The letter of
invitation requirement is viewed by the Upper Copper River
[[Page 11709]]
Region as burdensome and administratively inefficient due in large part
to high turnover in Tribal administrative staff. In the Upper Copper
River Region, an invitation to hunt by permit is considered less
onerous and a more practical approach for eligible hunters to invite
participation by family member living in excluded areas. The proposed
regulation would add the invitation by permit as an option for Tribal
Councils or their authorized tribal representatives in the Upper Copper
River Region to administer the invitation to hunt in their subsistence
harvest area. Invited hunters would be required to carry the permit
while hunting as proof of eligibility. The permit would be valid for 2
years from the date of issuance. A list of permittees will be forwarded
to the AMBCC Executive Director, who will then forward the list to the
Service's Alaska Regional Office of Law Enforcement.
This proposed change to the regulations in subpart A is not
anticipated to result in a significant increase in harvest of birds and
eggs in the Upper Copper River Region because invited hunters are
authorized only to assist in fulfilling the needs of immediate family
members in villages or teaching cultural knowledge.
(2) Closure on Harvest of Emperor Goose Eggs Statewide
This proposed change to the regulations in part 92, subpart C
(general regulations governing the subsistence harvest general
provisions) closes the harvest of emperor goose eggs statewide.
The abundance (index) of emperor geese (Anser canagicus) is
estimated annually via the Service's (Alaska Region) Yukon-Kuskokwim
Delta Coastal Zone (Coastal Zone) survey. This information is used to
inform harvest management decisions for emperor geese based on harvest
strategies in the AMBCC Emperor Goose Management Plan (Plan) and the
Pacific Flyway Council Management Plan. The harvest strategy in the
Plan prescribes an open emperor geese subsistence season if the Coastal
Zone index from the previous year is greater than 23,000 geese, and a
closed season if the index is below 23,000 geese. If the Coastal Zone
index is between 23,000 and 28,000 geese, the AMBCC will consider
implementing regulatory or nonregulatory conservation measures to help
avoid a closed season in subsequent seasons. In 2019, the Coastal Zone
index (26,585; 95% Confidence Limit = 24,161-29,008 geese) dropped
below the 28,000-bird threshold that triggers consideration of
conservation measures. For the 2020 spring-summer hunting season, the
AMBCC agreed to develop and distribute outreach and educational
materials to help limit emperor goose harvest. The coronavirus forced
the cancellation of the Coastal Zone survey in 2020. Consequently, no
Coastal Zone index was available to inform regulatory decisions for the
2021 season.
The harvest strategy in the Plan does not include guidance on
making regulatory decisions in the absence of previous year's survey
data; thus, the AMBCC's Emperor Goose Subcommittee convened on June 2,
2020, to consider available emperor goose population status information
in the absence of the 2020 Coastal Zone index. They considered results
from a number of approaches to infer emperor goose population status in
2020 including prediction from a demographic model (Osnas 2020).
Results from the different approaches were in general agreement, and
indicated that abundance of emperor geese in 2020 likely remains
between the 23,000 and 28,000 population thresholds with low
probability that abundance was below the closure threshold.
Because the predicted abundance of emperor geese remains between
the population thresholds requiring consideration of conservation
measures, the AMBCC Emperor Goose Subcommittee and AMBCC recommended
the emperor goose season remain open in 2021. This recommendation
includes outreach and educational efforts and closure of emperor goose
egg gathering in Alaska to help limit harvest of emperor geese,
considering the uncertainty in emperor goose population status in 2020
and the desire to reduce the probability of having a closed season in
the future. This proposed regulatory change would affect the list of
subsistence migratory bird species in Sec. 92.22, which is in subpart
C.
Clarification of Central Interior Excluded Area Boundary
Current regulations in 50 CFR 92.5(b)(1) define the geographic
boundaries of the Central Interior Excluded Area but mistakenly fail to
include the Fairbanks North Star Borough. In 2007, the Service enacted
the ADFG's request to expand the Fairbanks North Star Borough Excluded
Area (72 FR 18317 April 11, 2007). This regulatory change appears in 50
CFR 92.5(b)(3). The expanded Fairbanks North Star Borough Excluded Area
was renamed the Central Interior Excluded Area, but the description of
the area defined in 50 CFR 92.5(b)(3) fails to specifically include the
Fairbanks North Star Borough. The proposed clarification includes the
words ``Fairbanks North Star Borough'' in the description of the
Central Interior Excluded Area.
Clarification of the Kodiak Archipelago Region Kodiak Island Roaded
Area 3-Year Experimental Season
In 2020, the Service approved a 3-year experimental season for
migratory bird hunting and egg gathering by registration permit only
within the Kodiak Island Roaded Area in the Kodiak Archipelago Region
of Alaska, as recommended by the AMBCC in 2019 (85 FR 73233, November
17, 2020). This regulatory change appears in 50 CFR 92.31. The Roaded
Area was to remain closed to hunting and egg gathering for Arctic
terns, Aleutian terns, mew gulls, and emperor geese. The regulation
allows residents of the Kodiak Archipelago Region the opportunity to
participate in subsistence hunting activities without the need for a
boat in an area that otherwise restricts hunting to 500 feet offshore
and offshore islands.
Initially, we and the AMBCC expected that the 3-year experimental
season would begin in 2020 and continue through 2022. We associated
those years with the 3-year experimental season in the supplementary
information of the proposed and final rules in 2020, although years
were not specified in the regulations allowing the season. Delay in
publishing the proposed and final rules in 2020 prevented the 3-year
experimental season from beginning in 2020 as initially expected.
Therefore, we clarify here that our intent remains the same--to allow a
3-year experimental season for migratory bird hunting and egg gathering
by registration permit along the Kodiak Island Roaded Area in the
Kodiak Archipelago Region of Alaska--but that this season is now
expected to occur during the 2021-2023 subsistence seasons. The
experimental season will terminate at the completion of the third year,
now expected to be in 2023. Reopening the Roaded Area after the 3-year
experimental period will require a subsequent proposal from the AMBCC
for continuation of the season under either operational or experimental
status.
Clarification of the Kodiak Archipelago Region Kodiak Island Roaded
Area Boundary
As described above, in 2020, the Service approved a 3-year
experimental season for migratory bird hunting and egg gathering by
registration permit within the Kodiak Island Roaded Area
[[Page 11710]]
in the Kodiak Archipelago Region of Alaska, as recommended by the AMBCC
in 2019 (85 FR 73233, November 17, 2020). This regulatory change
appears in 50 CFR 92.31. Prior to this change, the Kodiak Island Roaded
Area was closed to hunting. Following approval of a hunt within the
previously closed area, the current boundary description of the Kodiak
Island Roaded Area in 50 CFR 92.31(e) includes the term ``closed
area.'' We propose to clarify the language by replacing the words
``closed area'' with ``Kodiak Island Roaded Area'' in 50 CFR 92.31(e)
and by improving the clarity of the boundary description.
Subsistence Migratory Bird Species
On April 16, 2020, we published in the Federal Register (85 FR
21282) a revised List of Migratory Birds protected under the Migratory
Bird Treaty Act (MBTA) by both adding and removing species to the list,
which appears in 50 CFR 10.13. Reasons for the changes to the list
included adding species based on revised taxonomy and new evidence of
natural occurrence in the United States or U.S. territories, removing
species no longer known to occur within the United States or U.S.
territories, and changing names to conform to accepted use. This rule
went into effect on May 18, 2020. The revised List of Migratory Birds
updated nomenclature (family or scientific name) for 17 species on the
list of birds open to subsistence harvest (50 CFR 92.22) and separated
Canada goose into two separate species: Cackling goose (Branta
hutchinsii) and Canada goose (Branta canadensis). Therefore, to be
consistent with the taxonomy on the List of Migratory Birds, we are
proposing to update the taxonomy of the list of migratory birds open to
subsistence harvest at 50 CFR 92.22, and correct 11 typographical
errors in species common names. We are also taking this opportunity to
reorganize the list of migratory birds open to subsistence harvest to
follow the order of bird families as they appear in 50 CFR 10.13.
Also, we are proposing to add the common snipe to the list of
migratory birds open to subsistence harvest. On April 1, 2016, we
published in the Federal Register (81 FR 18787) a revised list
migratory bird subsistence species where we replaced the common snipe
with Wilson's snipe to account for taxonomic changes; Wilson's snipe
was previously considered a subspecies under common snipe. Snipe in
Alaska are recognized primarily as Wilson's snipe, but common snipe are
known to occur on the Aleutian Islands of Alaska. Thus, for
administrative purposes, we clarify that snipe includes both recognized
species in Alaska: Wilson's snipe and common snipe. Because,
historically, common snipe applied to both species of snipe, the
separation of these species in the list of migratory birds open to
subsistence harvest will not result in differential harvest effects on
either species.
Compliance With the MBTA and the Endangered Species Act
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.
Mortality, sickness, and poisoning from lead exposure have been
documented in many waterfowl species, including threatened spectacled
eiders (Somateria fischeri) and the Alaska-breeding population of
Steller's eiders (Polysticta stelleri). While lead shot has been banned
nationally for waterfowl hunting since 1991, Service staff have
documented significant availability of lead shot in waterfowl rounds
for sale in communities on the Yukon-Kuskokwim Delta and North Slope.
The Service will work with partners to increase our education,
outreach, and enforcement efforts to ensure that subsistence waterfowl
hunting is conducted using nontoxic shot.
Conservation Under the MBTA
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. Based on our
monitoring of the migratory bird species and populations taken for
subsistence, we find that this proposed rule will provide for the
preservation and maintenance of migratory bird stocks as required by
the MBTA. Communication and coordination between the Service, the
AMBCC, and the Pacific Flyway Council have allowed us to set harvest
regulations to ensure the long-term viability of the migratory bird
stocks.
Endangered Species Act Consideration
Spectacled eiders and the Alaska-breeding population of Steller's
eiders are listed as threatened species under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Their migration
and breeding distribution overlap with areas where the spring and
summer subsistence migratory bird hunt is open in Alaska. Neither
species is included in the list of subsistence migratory bird species
at 50 CFR 92.22; therefore, both species are closed to subsistence
harvest. The Service notes that progress is being made with 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. Moreover, under 50 CFR 92.21 and 92.32, the Service may
implement emergency closures, if necessary, to protect Steller's eiders
or any other endangered or threatened species or migratory bird
population.
Section 7 of the ESA requires the Secretary of the Interior to
review other programs administered by the Department of the Interior
and utilize such programs in furtherance of the purposes of the ESA.
The Secretary is further required to insure that any action authorized,
funded, or carried out by the Department of the Interior 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.
The Service's Alaska Region Migratory Bird Management Program
conducted an intra-agency consultation with the Service's Fairbanks
Fish and Wildlife Field Office on this proposed rule. A biological
opinion will be updated based on new information to ensure these
rulemaking actions are not likely to jeopardize the continued existence
of endangered or threatened species or result in the destruction or
adverse modification of designated critical habitat. Therefore, we
expect this rulemaking will comply with the ESA.
Comment Period
Implementation of the Service's 2013 supplemental environmental
impact statement (EIS) on the hunting of migratory birds 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. The programmatic
document, ``Second Final Supplemental Environmental Impact Statement:
Issuance of Annual Regulations Permitting the Sport Hunting of
Migratory Birds (EIS 20130139),'' filed with the
[[Page 11711]]
Environmental Protection Agency (EPA) on May 24, 2013, addresses
compliance with the National Environmental Policy Act by the Service
for issuance of the annual framework regulations for hunting of
migratory game bird species. We published a notice of availability of
the EIS in the Federal Register on May 31, 2013 (78 FR 32686), and our
Record of Decision on July 26, 2013 (78 FR 45376).
The 2013 EIS moved the annual SRC meeting from July to October, and
this procedural change has greatly shortened our period each year to
publish the proposed regulations and solicit comments. We are further
bounded by a subsistence harvest start date of April 2, 2021. 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.
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 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 this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that this proposed 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
proposed rule would legalize a preexisting subsistence activity, and
the resources harvested will 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 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 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 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 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 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 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 ADFG also incurs expenses for travel to 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 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 ADFG 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 rulemaking 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 the Interior policy on Consultation
with Indian Tribes (December 1, 2011), we will send letters
[[Page 11712]]
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
will 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 2021
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, educational 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 proposed rule contains existing, revised, and new information
collections. All information collections require approval under the
Paperwork Reduction Act of 1995 (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 previously approved the information collection requirements
associated with subsistence harvest reporting and assigned OMB Control
Number 1018-0124. We will submit a revision to 1018-0124 to incorporate
the new harvest reporting requirements contained in this rulemaking.
Additionally, we will request a new OMB control number for the permit
and information letter requirements contained in this rulemaking.
The existing information collection requirements identified are
currently approved by OMB under Control Number 1018-0124:
The harvest surveys collect information on the subsistence harvest
in Alaska of ~60 species categories of birds and their eggs (geese,
ducks, swans, crane, ptarmigan and grouse, seabirds, shorebirds, loons
and grebes). Survey data includes species category and amounts of birds
and eggs taken for subsistence use in each harvest season (spring,
summer, fall, winter). The surveys rely on collaboration among the
USFWS, the ADFG, and many Alaska Native organizations. Contracts and
cooperative agreements are in place to facilitate the collection of
data with Alaska Native organizations and other regional and local
partners. Surveyors contact local residents. The ADFG Division of
Subsistence coordinates the surveys on behalf of the AMBCC via a
cooperative agreement with the USFWS.
The USFWS uses the survey data to:
(1) Inform harvest regulations for migratory birds and their eggs
so they are consistent with the long-term sustainability of bird
populations;
(2) Document subsistence harvest trends and track changes in
harvest;
(3) Document the importance of birds as food and cultural resources
for subsistence communities in Alaska;
(4) Protect sustainable harvest opportunities; and
(5) Assist in the development of management plans by State and
Federal agencies.
Federal and State agencies use the data collected to develop
harvest regulations and protect sustainable harvest opportunities. The
USFWS adjusts harvest regulations as needed to provide maximum and
sustainable subsistence harvest opportunities while accounting for
current bird population status and population goals established in
species' management plans. The AMBCC uses this information to make
regulation recommendations to the Service Regulations Committee.
Nongovernmental organizations use survey data to monitor the status of
uses of migratory bird resources in Alaska and internationally. The
survey also became a main line of communication between wildlife
management agencies and the local communities and harvesters.
Participation in the surveys is voluntary for communities and
households. In selected communities that agree to participate,
surveyors compile a list of all permanent households or addresses,
provide information about the survey, and assist households to complete
the harvest report form (hardcopy) in in-person interviews. Households
may offer comments on their harvest, on the availability of birds, on
the survey, or any other topic related to bird harvest. The survey uses
the following forms:
(1) Tracking Sheet & Household Consent (FWS Form 3-2380): The
surveyor invites each selected household to participate and completes
FWS Form 3-2380 documenting whether each selected household agreed to
participate, did not agree, or could not be contacted. The surveyor
also uses this form to keep track of survey work.
(2) Harvest Report (FWS Forms 3-2381-1, 3-2381-2, 3-2381-3, 3-2381-
4, and 3-2381-5: The forms have up to four sheets, one for each
surveyed season. The Western and Interior forms (3-2381-1 and 3-2381-3;
~394 households surveyed per year) have 3 sheets (spring, summer, and
fall). The Bristol Bay form has 4 sheets (spring, summer, fall, winter;
~110 households surveyed per year). The North Slope form has two sheets
(spring and summer; ~150 households surveyed per year). The Cordova
form has only 1 sheet (spring; ~27 households surveyed per year). The
weighted average for the whole survey is 2.96 seasonal sheets (rounded
as 3 for calculation of burden estimates). Each seasonal sheet has
drawings of bird species, next to which are fields to record the number
of birds and eggs harvested. Because bird species available for harvest
vary in different regions of Alaska, there are five versions of the
harvest report form with different sets of species. This helps to
prevent erroneously recording bird species as harvested in areas where
they do not usually occur.
The revised and new information collection requirements identified
below require approval by OMB in conjunction with the revision to OMB
Control Number 1018-0124:
(1) Splitting burden estimates for 3-2381-5, Cordova survey
(REVISED): We realized the previous submission to OMB incorrectly
reported 3 submissions of the Cordova survey rather than a single
submission for the spring season. We are separating the burden for this
survey out separately from FWS Forms 3-2381-1, Forms 3-2381-2, Forms 3-
2381-3, and Forms 3-2381-4 to more accurately report harvest data
reporting burden.
(1) Harvest Report (FWS Forms 3-2381-6 (new) and 3-2381-7 (NEW):
Starting in 2021, a mail survey akin to that conducted for the Cordova
harvest will be implemented for the Kodiak roaded area harvest as
required by updated Federal regulations for the Kodiak Archipelago
region. To participate in the Kodiak roaded area harvest, harvesters
are required to
[[Page 11713]]
obtain a permit and to complete a harvest report form, even if they did
not harvest. (We will request OMB approval of this permit requirement
in a separate request for a new OMB control number explained below).
Staff from the ADFG Division of Subsistence worked in close
collaboration with the Sun'aq Tribe of Kodiak to develop the permit and
harvest reporting system. The Sun'aq Tribe requested in-season harvest
reporting. Permits will be issued by the Sun'aq Tribe.
The Kodiak Roaded Area In-Season Harvest Report (FWS Form 3-2381-6)
will be provided to permit holders at the time the permit is issued.
Harvesters are required to record their harvest using this form during
the season. At the end of the season (early Sept.), all permit holders
are required to submit the completed Kodiak Roaded Area In-Season
Harvest Report (FWS Form 3-2381-7) indicating whether they harvested
birds and eggs, and if so, the kinds and amounts of birds and eggs
harvested. Permit holders submit the completed form by mail to the ADFG
for data analysis (the form includes the return address and is postage-
paid). To ensure a more complete harvest reporting, the ADFG will mail
a post-season harvest survey to permit holders who did not submit a
completed in-season harvest log. The post-season mail survey includes
two reminders. Reported harvests will be extrapolated to represent all
permit holders based on statistical methods. Forms 3-2381-6 and 3-2381-
7 are only completed twice per year (spring and summer seasons).
Title of Collection: Alaska Migratory Bird Subsistence Harvest
Household Surveys.
OMB Control Numbers: 1018-0124.
Form Numbers: FWS Forms 3-2381-1, Forms 3-2381-2, Forms 3-2381-3,
Forms 3-2381-4, Forms 3-2381-5, Forms 3-2381-6 (New), and Forms 3-2381-
7 (New).
Type of Review: Revision to a previously approved information
collection.
Respondents/Affected Public: Individuals and Tribal governments.
Total Estimated Number of Annual Respondents: 2,351.
Total Estimated Number of Annual Responses: 4,551.
Estimated Completion Time per Response: 5 minutes.
Total Estimated Number of Annual Burden Hours: 379.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
The additional information collection requirements associated with
permits and invitation letters contained in this proposed rule
identified below require approval by OMB and assignment of a new OMB
control number:
(1) Tribal or Village Council Invitation Letter: Regulations at 50
CFR 92.5(d) allow immediate family members (children, parents,
grandparents, and siblings) living in excluded areas to participate in
the customary spring-summer subsistence harvest of migratory birds in a
village's subsistence area. This letter of invitation is intended to
assist permanent residents of the village in meeting their nutritional
and other essential needs or for teaching cultural knowledge. The
regulations specify that participation of residents of excluded areas
in the spring-summer harvest of migratory birds in an eligible area
must be pre-authorized by a letter of invitation issued by a local
Tribal or Village Council within the harvest area.
(2) Tribal Council Invitation Permit: In 2020, the Service issued
final regulations (RIN 1018-BF12, 85 FR 73235, November 17, 2020) that
established a permit as another method to invite an immediate family
member residing in an excluded area to participate in the spring-summer
subsistence hunt in a defined eligible area. The permit, issued by the
Tribal Council, certifies that the prospective hunter is an immediate
family member as defined in 50 CFR 92.4 and is thereby authorized to
assist family members in hunting migratory birds in a defined
subsistence harvest area. The permit is valid for 2 years from the date
of issuance.
(3) Tribal Council Notifications to AMBCC: Tribal Councils will
provide a list of permittees to the Executive Director of the AMBCC.
(4) AMBCC Notification to AK Region Office of Law Enforcement: Upon
receiving copies of the letters of invitation and issued permits from
Tribal and Village Councils, the AMBCC Executive Director will inform
the Service's Alaska Regional Office of Law Enforcement (AK-OLE) within
2 business days. To date, only two letters have been received.
(5) Kodiak Island Roaded Area Experimental Season Permit: The
Service's 2020 final rule (RIN 1018-BF12) approved a 3-year
experimental season for migratory bird hunting and egg gathering in the
Kodiak Island Roaded Area in the Kodiak Archipelago Region (50 CFR
92.31). Harvesting in the Kodiak roaded area requires a mandatory
permit and harvest reporting. The Sun'aq Tribe of Kodiak worked in
close collaboration with the ADFG Division of Subsistence to develop a
permit and harvest monitoring system. Permits are issued by the Sun'aq
Tribe of Kodiak to individual harvesters. The Sun'aq tribe provide
copies of issued permits to the ADFG Division of Subsistence, which
uses this information to manage the harvest reporting system. The
permit includes fields to write the permit holder's name and mailing
address as well as a field for the permit holder to sign acknowledging
the terms of the permit. The permit also includes a map of the harvest
area and description of the harvest regulations including the list of
species opened to harvest. Permit data are securely disposed of after
completion of the annual harvest data collection and analysis.
The regulation allows a 3-year experimental season (this proposed
rule updates the seasons from 2020-2022 to the 2021-2023 subsistence
seasons) for migratory bird hunting and egg gathering by registration
permit along the Kodiak Island Roaded Area in the Kodiak Archipelago
Region of Alaska. The experimental season will terminate at the
completion of the third year in 2023. Reopening the Roaded Area after
the 3-year experimental period will require a subsequent proposal from
the AMBCC for continuation of the season under either operational or
experimental status.
(6) Cordova Harvest Household Registration: The Service's final
rule published on April 8, 2014 (79 FR 19454) authorized spring-summer
harvest of migratory birds by residents of the community of Cordova in
the Gulf of Alaska region. In 2017, the regulations were updated to
allow residents of the neighboring communities of Tatitlek and Chenega
to harvest in the area defined for the Cordova harvest (82 FR 16298,
April 4, 2017). Local partners including the Eyak Tribe and the U.S.
Forest Service Cordova Office Chugach Subsistence Program worked in
close collaboration with the ADFG Division of Subsistence to develop a
household registration and harvest monitoring system using a post-
season mail survey. Household registrations are issued by the Tribal
councils of the communities of Cordova, Tatitlek, and Chenega as well
as by the U.S. Forest Service Cordova Office Chugach Subsistence
Program. The registration form includes fields to write the permit
holder's name and mailing address as well as a field for the permit
holder to sign acknowledging the terms of the permit. The permit also
includes fields to write the names of other household members
authorized to harvest under the registration.
[[Page 11714]]
Registration data are securely disposed of after completion of the
annual harvest data collection and analysis.
Title of Collection: Regulations for the Taking of Migratory Birds
for Subsistence Uses in Alaska, 50 CFR Part 92.
OMB Control Numbers: 1018-New.
Form Numbers: None.
Type of Review: New.
Respondents/Affected Public: Individuals and Tribal governments.
Total Estimated Number of Annual Respondents: 234.
Total Estimated Number of Annual Responses: 234.
Estimated Completion Time per Response: Varies from 15 minutes to
30 minutes, depending on activity.
Total Estimated Number of Annual Burden Hours: 62.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
any aspect of this information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Send your written comments and suggestions on this information
collection to OMB by the date indicated in DATES to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by
selecting ``Currently under Review--Open for Public Comments'' or by
using the search function. Please provide a copy of your comments to
the Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041-3803 (mail); or Info_Coll@fws.gov (email). Please reference
``OMB Control Number 1018-BF08'' in the subject line of your comments.
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The annual regulations and options are considered in a January 2021
environmental assessment, ``Managing Migratory Bird Subsistence Hunting
in Alaska: Hunting Regulations for the 2021 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.
Reference Cited
Osnas, E. 2020. A simple state space model framework to predict
harvest management survey observations in 2020. USFWS, publ.
analyses: https://github.com/USFWS/State Space-Prediction-2020.
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.
0
2. Amend Sec. 92.5 by revising paragraphs (b)(3) and (d) to read as
follows:
Sec. 92.5 Who is eligible to participate?
* * * * *
(b) * * *
(3) The Central Interior Excluded Area comprises the following: The
Fairbanks North Star Borough and that portion of Unit 20(A) east of the
Wood River drainage and south of Rex Trail, including the upper Wood
River drainage south of its confluence with Chicken Creek; that portion
of Unit 20(C) east of Denali National Park north to Rock Creek and east
to Unit 20(A); and that portion of Unit 20(D) west of the Tanana River
between its confluence with the Johnson and Delta Rivers, west of the
east bank of the Johnson River, and north and west of the Volmar
drainage, including the Goodpaster River drainage. The following
communities are within the Excluded Area: Delta Junction/Big Delta/Fort
Greely, McKinley Park/Village, Healy, Ferry, and all residents of the
formerly named Fairbanks North Star Borough Excluded Area.
* * * * *
(d) Participation by permanent residents of excluded areas.
Immediate family members who are residents of excluded areas may
participate in the customary spring and summer subsistence harvest in a
community's subsistence area with permission of the Village or Tribal
council, whichever is appropriate, to assist indigenous inhabitants in
meeting their nutritional and other essential needs or for the teaching
of cultural knowledge using one of the following procedures:
(1) A letter of invitation will be sent by the Tribal or village
council to the hunter with a copy to the Executive Director of the Co-
management Council, who will inform the Service's Alaska Region Law
Enforcement Office and the Service's Co-management Council Coordinator
within 2 business days. The Service will then inform any affected
Federal agency when residents of excluded areas are allowed to
participate in the subsistence harvest within their Federal lands.
(2) For the Upper Copper River Region, a permit may be issued by
the Tribal Council or their authorized Tribal representative to the
invited hunter certifying that the permit holder is an immediate family
member authorized to assist eligible family members in hunting
migratory birds in the Tribe's subsistence harvest area. A permit is
valid for 2 years from date of issuance. A list of permit holders will
be sent to the Executive Director of the Co-management Council, who
will inform the Service's Alaska Region Office of Law Enforcement and
the Service's Co-management Council Coordinator within 2 business days.
The Service will then inform any affected Federal agency when residents
of excluded areas are allowed to participate in the subsistence harvest
within their Federal lands.
[[Page 11715]]
0
3. Amend Sec. 92.22 by revising paragraphs (a) through (l) and adding
paragraph (m) to read as follows:
Sec. 92.22 Subsistence migratory bird species.
* * * * *
(a) Family Anatidae. (1) Emperor Goose (Anser canagicus)--except no
egg gathering is permitted.
(2) Snow Goose (Anser caerulescens).
(3) Greater White-fronted Goose (Anser albifrons).
(4) Brant (Branta bernicla)--except no egg gathering is permitted
in the Yukon/Kuskokwim Delta and the North Slope regions.
(5) Cackling Goose (Branta hutchinsii)--except in the Semidi
Islands.
(6) Canada Goose (Branta canadensis).
(7) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and 10.
(8) Blue-winged Teal (Spatula discors).
(9) Northern Shoveler (Spatula clypeata).
(10) Gadwall (Mareca strepera).
(11) Eurasian Wigeon (Mareca penelope).
(12) American Wigeon (Mareca americana).
(13) Mallard (Anas platyrhynchos).
(14) Northern Pintail (Anas acuta).
(15) Green-winged Teal (Anas crecca).
(16) Canvasback (Aythya valisineria).
(17) Redhead (Aythya americana).
(18) Ring-necked Duck (Aythya collaris).
(19) Greater Scaup (Aythya marila).
(20) Lesser Scaup (Aythya affinis).
(21) King Eider (Somateria spectabilis).
(22) Common Eider (Somateria mollissima).
(23) Harlequin Duck (Histrionicus histrionicus).
(24) Surf Scoter (Melanitta perspicillata).
(25) White-winged Scoter (Melanitta deglandi).
(26) Black Scoter (Melanitta americana).
(27) Long-tailed Duck (Clangula hyemalis).
(28) Bufflehead (Bucephala albeola).
(29) Common Goldeneye (Bucephala clangula).
(30) Barrow's Goldeneye (Bucephala islandica).
(31) Hooded Merganser (Lophodytes cucullatus).
(32) Common Merganser (Mergus merganser).
(33) Red-breasted Merganser (Mergus serrator).
(b) Family Podicipedidae. (1) Horned Grebe (Podiceps auritus).
(2) Red-necked Grebe (Podiceps grisegena).
(c) Family Gruidae. (1) Sandhill Crane (Antigone canadensis).
(2) [Reserved]
(d) Family Haematopodidae. (1) Black Oystercatcher (Haematopus
bachmani).
(2) [Reserved]
(e) Family Charadriidae. (1) Black-bellied Plover (Pluvialis
squatarola).
(2) Common Ringed Plover (Charadrius hiaticula).
(f) Family Scolopacidae. (1) Bar-tailed Godwit (Limosa lapponica).
(2) Ruddy Turnstone (Arenaria interpres).
(3) Sharp-tailed Sandpiper (Calidris acuminata).
(4) Dunlin (Calidris alpina).
(5) Baird's Sandpiper (Calidris bairdii).
(6) Least Sandpiper (Calidris minutilla).
(7) Semipalmated Sandpiper (Calidris pusilla).
(8) Western Sandpiper (Calidris mauri).
(9) Long-billed Dowitcher (Limnodromus scolopaceus).
(10) Common Snipe (Gallinago gallinago).
(11) Wilson's Snipe (Gallinago delicata).
(12) Spotted Sandpiper (Actitis macularius).
(13) Lesser Yellowlegs (Tringa flavipes).
(14) Greater Yellowlegs (Tringa melanoleuca).
(15) Red-necked Phalarope (Phalaropus lobatus).
(16) Red Phalarope (Phalaropus fulicarius).
(g) Family Stercorariidae. (1) Pomarine Jaeger (Stercorarius
pomarinus).
(2) Parasitic Jaeger (Stercorarius parasiticus).
(3) Long-tailed Jaeger (Stercorarius longicaudus).
(h) Family Alcidae. (1) Common Murre (Uria aalge).
(2) Thick-billed Murre (Uria lomvia).
(3) Black Guillemot (Cepphus grylle).
(4) Pigeon Guillemot (Cepphus columba).
(5) Cassin's Auklet (Ptychoramphus aleuticus).
(6) Parakeet Auklet (Aethia psittacula).
(7) Least Auklet (Aethia pusilla).
(8) Whiskered Auklet (Aethia pygmaea).
(9) Crested Auklet (Aethia cristatella).
(10) Rhinoceros Auklet (Cerorhinca monocerata).
(11) Horned Puffin (Fratercula corniculata).
(12) Tufted Puffin (Fratercula cirrhata).
(i) Family Laridae. (1) Black-legged Kittiwake (Rissa tridactyla).
(2) Red-legged Kittiwake (Rissa brevirostris).
(3) Ivory Gull (Pagophila eburnea).
(4) Sabine's Gull (Xema sabini).
(5) Bonaparte's Gull (Chroicocephalus philadelphia).
(6) Mew Gull (Larus canus).
(7) Herring Gull (Larus argentatus).
(8) Slaty-backed Gull (Larus schistisagus).
(9) Glaucous-winged Gull (Larus glaucescens).
(10) Glaucous Gull (Larus hyperboreus).
(11) Aleutian Tern (Onychoprion aleuticus).
(12) Arctic Tern (Sterna paradisaea).
(j) Family Gaviidae. (1) Red-throated Loon (Gavia stellata).
(2) Arctic Loon (Gavia arctica).
(3) Pacific Loon (Gavia pacifica).
(4) Common Loon (Gavia immer).
(5) Yellow-billed Loon (Gavia adamsii)--In the North Slope Region
only, a total of up to 20 yellow-billed loons inadvertently caught in
fishing nets may be kept for subsistence purposes.
(k) Family Procellariidae. (1) Northern Fulmar (Fulmarus
glacialis).
(2) [Reserved]
(l) Family Phalacrocoracidae. (1) Double-crested Cormorant
(Phalacrocorax auritus).
(2) Pelagic Cormorant (Phalacrocorax pelagicus).
(m) Family Strigidae. (1) Great Horned Owl (Bubo virginianus).
(2) Snowy Owl (Bubo scandiacus).
0
4. Amend Sec. 92.31 by revising paragraph (e) to read as follows:
Sec. 92.31 Region-specific regulations.
* * * * *
(e) Kodiak Archipelago region. The Kodiak Island Roaded Area is
open to the harvesting of migratory birds and their eggs by
registration permit only as administered by the Alaska Department of
Fish and Game, Division of Subsistence, in cooperation with the Sun'aq
Tribe of Kodiak. No hunting or egg gathering for Arctic terns, Aleutian
terns, mew gulls, and emperor geese is allowed for the Kodiak Island
Roaded Area Registration Permit Hunt. The Kodiak Island Roaded Area
consists of that portion of Kodiak Island (including exposed tidelands)
south of a line from Termination Point along the north side of Cascade
Lake to Anton Larsen Bay and east of a line from Crag Point to the west
end of Saltery Cove. Marine waters adjacent to the Kodiak Island Roaded
Area within 500 feet from the water's edge are included in the Kodiak
Island Roaded Area. The Kodiak Island Roaded
[[Page 11716]]
Area does not include islands offshore of Kodiak Island. A registration
permit is not required to hunt on lands and waters outside the Kodiak
Island Roaded Area.
* * * * *
Shannon A. Estenoz,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Delegated Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2021-03979 Filed 2-25-21; 8:45 am]
BILLING CODE 4333-15-P