[Federal Register: October 15, 2007 (Volume 72, Number 198)]
[Proposed Rules]               
[Page 58274-58279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 92

RIN 1018-AV53

Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations 
for Migratory Birds in Alaska During the 2008 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.


SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is 
publishing migratory bird subsistence harvest regulations in Alaska for 
the 2008 season. This proposed rule establishes regulations that 
prescribe dates when harvesting of birds may occur, species that can be 
taken, and methods and means excluded from use. These regulations were 
developed under a Co-management process involving the Service, the 
Alaska Department of Fish and Game, and Alaska Native representatives. 
These regulations enable the continuation of customary and traditional 
subsistence uses of migratory birds in Alaska. 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 go into effect on April 2, 
2008, and expire on August 31, 2008.

DATES: Comments on the proposed subsistence harvest regulations for 
migratory birds in Alaska must be submitted by December 14, 2007.

ADDRESSES: You may submit comments on this proposed rule by any of the 
following methods:
    1. U.S. mail or hand delivery: Regional Director, Alaska Region, 
U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, AK 
    2. Fax: (907) 786-3306.
    3. E-mail: ambcc@fws.gov.
    4. Federal e-rulemaking portal: http://www.regulations.gov. Follow 

the instructions on the site for submitting comments.

FOR FURTHER INFORMATION CONTACT: Fred Armstrong, (907) 786-3887, or 
Donna Dewhurst, (907) 786-3499, U.S. Fish and Wildlife Service, 1011 E. 
Tudor Road, Mail Stop 201, Anchorage, AK 99503.


How Do I Find the History of These Regulations?

    Background information, including past events leading to this 
action, accomplishments since the Migratory Bird Treaties with Canada 
and Mexico were amended, and a history addressing conservation issues 
can be found in the following Federal Register notices: August 16, 2002 
(67 FR 53511); July 21, 2003 (68 FR 43010); April 2, 2004 (69 FR 
17318); April 8, 2005 (70 FR 18244); February 28, 2006 (71 FR 10404); 
and April 11, 2007 (72 FR 18318). These documents are readily available 
at http://alaska.fws.gov/ambcc/regulations.htm.

Why Is This Current Rulemaking Necessary?

    This current rulemaking is necessary because the migratory bird 
harvest season is closed unless opened, and the regulations governing 
subsistence harvest of migratory birds in Alaska are subject to public 
review and annual approval. The Alaska Migratory Bird Co-management 
Council (Co-management Council) held a meeting in April 2007 to develop 
recommendations for changes effective for the 2008 harvest season. 
These recommendations were presented to the Service Regulations 
Committee (SRC) on August 1 and 2, 2007, and were approved.
    This rule proposes regulations for the taking of migratory birds 
for subsistence uses in Alaska during 2008. This rule lists migratory 
bird species that are proposed to be open or closed to harvest, as well 
as proposed season openings and closures by region.

How Will the Service Continue To Ensure That the Subsistence Harvest 
Will Not Raise Overall Migratory Bird Harvest?

    The Service has an emergency closure provision (Sec.  92.21), so 
that if any significant increases in harvest are documented for one or 
more species in a region, an emergency closure can be requested and 
implemented. 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 (Sec.  
92.5). These geographical restrictions opened the initial subsistence 
migratory bird harvest to only about 13 percent of Alaska residents. 
High-population 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 the 
eligible subsistence harvest areas.
    Based on petitions requesting inclusion in the harvest, in 2004, we 
added 13 additional communities based on criteria set forth in Sec.  
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, based on petitions requesting 
inclusion. These southeastern communities were Craig, Hydaburg, and 
Yakutat, with a combined population of 2,459.
    In 2007, we have enacted the Alaska Department of Fish and Game's 
(ADF&G) request to expand the Fairbanks North Star Borough excluded 
area to include the Central Interior area. This 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. These removed communities reduced the percentage of the State 
population included in the subsistence harvest to 13 percent.
    Subsistence harvest has been monitored for the past 15 years 
through the use of annual household surveys in the most heavily used 
subsistence harvest areas, e.g., Yukon/Kuskokwim Delta. Continuation of 
this monitoring enables tracking of any major changes or trends in 
levels of harvest and user participation after legalization of the 
harvest. The Office of Management and Budget (OMB) has approved the 
information collection and assigned OMB control number 1018-0124, which 
expires on January 31, 2010.

What Birds Will Be Open To Harvest in 2008?

    At the request of the North Slope Borough Fish and Game Management 
Committee, the Co-management Council recommended continuing into 2008 
the provisions originally established in 2005 to allow subsistence use 
of yellow-billed loons inadvertently caught in subsistence fishing 
(gill) nets on the North Slope. Yellow-billed loons are culturally 
important for the Inupiat Eskimo of the North Slope for use in 
traditional dance regalia. A maximum of 20 yellow-billed loons may be 
caught in 2008 pursuant to this provision. Individual reporting to the 
North Slope Borough Department of Wildlife is required by the end of 
each season. In

[[Page 58275]]

addition, the North Slope Borough has asked fishermen, through 
announcements on the radio and through personal contact, to report all 
entanglements of loons to better estimate the levels of injury or 
mortality caused by gill nets. In 2006, two yellow-billed loons were 
reported taken in fishing nets and an additional one was found alive in 
a net and released. This provision, to allow subsistence possession and 
use of yellow-billed loons caught in fishing gill nets, is subject to 
annual review and renewal by the SRC.
    We are proposing to consolidate the lists of birds closed and open 
to harvest (currently in Sec. Sec.  92.31 and 92.32, respectively) into 
one open list and to move this list to subpart C (permanent regulations 
at Sec.  92.22). We would also add the following clarifying statement: 
``You may harvest birds or gather eggs from the following species, 
listed in taxonomic order, within all included regions. When birds are 
listed at the species level, all subspecies existing in Alaska are also 
open to harvest. All bird species not listed are closed to harvesting 
and egg gathering.'' We excluded some bird species from the list purely 
on the basis of current population concerns, and we will reopen the 
harvest of these species if their population status improves. This 
proposal was requested by the Executive Director of the Alaska 
Migratory Bird Co-management Council. By going from two bird lists, an 
open list and a closed list, to just an open list, we could save 
thousands of dollars per year. Up until now, we have been printing both 
lists in the Federal Register each year, at both the proposed and final 
rule stage. This action would also clarify and simplify the regulations 
as to which bird species can be legally harvested, eliminating the 
confusion caused by situations when birds are not listed anywhere but 
are illegal to harvest, such as all Passerines.

What Is Proposed for Change in the Region-Specific Regulations for 

    We are proposing to remove from the 2006-07 regulation the Special 
Area Closure in the Yukon/Kuskokwim Delta Region that included the 
goose colonies in Kokechik Bay, Tutakoke River, Kigigak Island Colony, 
Baird Peninsula, and Baird Island. This proposal was requested by the 
Association of Village Council Presidents. Removal of this Special Area 
Closure would make the regulation consistent with the Pacific Flyway 
recommendation to place the harvest of brant under a less restrictive 
    We are proposing to amend the migratory bird harvest seasons for 
the Kodiak Archipelago to extend the early season 10 days until June 30 
for seabird harvesting (closed period would then be July 1-31), and 
remain the same for all other birds. This proposal was requested by the 
Kodiak Regional Advisory Council to allow for variations in the nesting 
phenology of seabirds, primarily to accommodate egg gathering on the 
later-nesting black-legged kittiwakes.
    We are proposing to amend the migratory bird harvest seasons for 
the Northwest Arctic Region to move the seabird egg-gathering season 
start date from July 3 to May 20. This proposal was requested by the 
Maniilaq Association to accommodate harvesting of gull eggs, primarily 
glaucous, glaucous-winged, mew and Sabine's gulls. Gulls typically 
initiate egg laying earlier than other seabirds such as alcids.
    We are proposing to add a special brant open season from June 20 
through July 5 for the coastline surrounding Wainwright within the 
Southern Unit of the North Slope Region. The open area would consist 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 proposal 
would allow for harvest of non-nesting, failed nesting, and sub-adult 
black brant migrating from western Alaska to their molting areas on the 
North Slope. This proposal was requested by the North Slope Borough 
Department of Wildlife Management to allow for the continuation of 
Wainwright's customary and traditional harvest of brant (non- or failed 
nesters and sub-adult) migrating to their molting areas. This would be 
a very limited harvest of migrating brant only, to be used for a 
traditional celebration after a successful whaling season.
    Black brant (Niglingaq) are a very important subsistence resource 
to the Wainwright Inupiat. The most concentrated hunting for brant 
takes place along the beach as brant migrate in large flocks northward 
during the months of May and June. Often people hunting brant and 
eiders stay at traditional campsites along the coastline within a day's 
travel of Wainwright. One or several families set up tents on the sand 
or atop banks and may remain there for several days. Brant hunters may 
sit in driftwood blinds on the beach near camp if the birds are flying 
overhead, or they may go out onto the ice if birds are flying more 
offshore. Much of the brant harvest in June is in preparation for 
Nalukataq (blanket toss). Nalukataq is a traditional community feast 
and celebration for successful whaling crews, which is usually held 
mid-to-late June. At this celebration, one of the main courses served 
to the entire community and visiting guests is duck and geese soup. 
Black brant is one type of goose that is harvested specifically for the 
Nalukataq feast.

Public Availability of Comments

    Before including your address, phone number, e-mail 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.

Statutory Authority

    We derive our authority to issue these regulations from the 
Migratory Bird Treaty Act of 1918, 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 12866

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following:
    (1) Are the requirements in the rule clearly stated?
    (2) Does the rule contain technical language or jargon that 
interferes with its clarity?
    (3) Does the format of the rule (grouping and order of sections, 
use of headings, paragraphing, etc.) aid or reduce its clarity?
    (4) Would the rule be easier to understand if it were divided into 
more (but shorter) sections?
    (5) Is the description of the rule in the ``Supplementary 
Information'' section of the preamble helpful in understanding the 
    (6) What else could we do to make the rule easier to understand?
    Send a copy of any comments regarding how we could make this rule 
easier to understand to: Office of

[[Page 58276]]

Regulatory Affairs, Department of the Interior, Room 7229, 1849 C 
Street NW., Washington, DC 20240. You may also e-mail the comments to 
this address: Exsec@ios.doi.gov.
    OMB has determined that this document is not a significant rule 
subject to OMB review under Executive Order 12866.
    (a) This rule will not have an annual economic effect of $100 
million or more or adversely affect an economic sector, productivity, 
jobs, the environment, or other units of government. The rule does not 
provide for new or additional hunting opportunities, and therefore, 
will have minimal economic or environmental impact. This rule benefits 
those participants who engage in the subsistence harvest of migratory 
birds in Alaska in two identifiable ways: First, participants receive 
the consumptive value of the birds harvested; and second, participants 
get the cultural benefit associated with the maintenance of a 
subsistence economy and way of life. The Service can estimate the 
consumptive value for birds harvested under this rule but does not have 
a dollar value for the cultural benefit of maintaining a subsistence 
economy and way of life.
    The economic value derived from the consumption of the harvested 
migratory birds has been estimated using the results of a paper by 
Robert J. Wolfe titled ``Subsistence Food Harvests in Rural Alaska, and 
Food Safety Issues'' (August 13, 1996). Using data from Wolfe's paper 
and applying it to the areas that will be included in this process, we 
determined a maximum economic value of $6 million. This is the 
estimated economic benefit of the consumptive part of this rule for 
participants in subsistence hunting. The cultural benefits of 
maintaining a subsistence economy and way of life can be of 
considerable value to the participants, and these benefits are not 
included in this figure.
    (b) This rule will not create inconsistencies with other agencies' 
actions. We are the Federal agency responsible for the management of 
migratory birds, and coordinate with the State of Alaska's Department 
of Fish and Game on management programs within Alaska. The State of 
Alaska is a member of the Alaska Migratory Bird Co-management Council.
    (c) This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
The rule does not affect entitlement programs.
    (d) This rule will not raise novel legal or policy issues. The 
subsistence harvest regulations will go through the same national 
regulatory process as the existing migratory bird hunting regulations 
in 50 CFR part 20.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). An initial regulatory flexibility analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required. The rule 
legalizes a pre-existing subsistence activity, and the resources 
harvested will be consumed by the harvesters or persons within their 
local community.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act, as discussed in the 
Executive Order 12866 section above.
    (a) This rule will not have an annual effect on the economy of $100 
million or more. It will legalize and regulate a traditional 
subsistence activity. It will not result in a substantial increase in 
subsistence harvest or a significant change in harvesting patterns. The 
commodities being regulated under this rule are migratory birds. This 
rule deals with legalizing the subsistence harvest of migratory birds 
and, as such, does not involve commodities traded in the marketplace. A 
small economic benefit from this rule derives from the sale of 
equipment and ammunition to carry out subsistence hunting. Most, if not 
all, businesses that sell hunting equipment in rural Alaska would 
qualify as small businesses. We have no reason to believe that this 
rule will lead to a disproportionate distribution of benefits.
    (b) This rule will not cause a major increase in costs or prices 
for consumers; individual industries; Federal, State, or local 
government agencies; or geographic regions. This rule does not deal 
with traded commodities and, therefore, does not have an impact on 
prices for consumers.
    (c) This rule does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This rule deals with the harvesting of wildlife for 
personal consumption. It does not regulate the marketplace in any way 
to generate effects on the economy or the ability of businesses to 

Unfunded Mandates Reform Act

    We have determined and certified pursuant to 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. A statement containing the 
information required by this Act is therefore not necessary. 
Participation on regional management bodies and the Co-management 
Council will require travel expenses for some Alaska Native 
organizations and local governments. In addition, they will 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 the Notice of Decision (65 FR 16405; March 28, 2000), we 
identified 12 partner organizations (Alaska Native non-profits and 
local governments) to administer the regional programs. The Alaska 
Department of Fish and Game will also incur expenses for travel to Co-
management Council and regional management body meetings. In addition, 
the State of Alaska will be required to provide technical staff support 
to each of the regional management bodies and to the Co-management 
Council. Expenses for the State's involvement may exceed $100,000 per 
year, but should not exceed $150,000 per year. When funding permits, we 
make annual grant agreements available to the partner organizations and 
the Alaska Department of Fish and Game to help offset their expenses.

Paperwork Reduction Act

    This rule has been examined under the Paperwork Reduction Act of 
1995 and has been found to contain no information collection 
requirements. We have, however, received OMB approval of associated 
voluntary annual household surveys used to determine levels of 
subsistence take. The OMB control number for the information collection 
is 1018-0124, which expires on January 31, 2010. An agency may not 
conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

Federalism Effects

    As discussed in the Executive Order 12866 and Unfunded Mandates 
Reform Act sections above, this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment under Executive

[[Page 58277]]

Order 13132. We worked with the State of Alaska on development of these 

Civil Justice Reform--Executive Order 12988

    The Department, in promulgating this rule, has determined that it 
will not unduly burden the judicial system and that it meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Takings Implication Assessment

    This rule is not specific to particular land ownership, but applies 
to the harvesting of migratory bird resources throughout Alaska. 
Therefore, in accordance with Executive Order 12630, this rule does not 
have significant taking implications.

Government-to-Government Relations With Native American Tribal 

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations With Native American Tribal 
Governments'' (59 FR 22951), and Executive Order 13175 (65 FR 67249; 
November 6, 2000), concerning consultation and coordination with Indian 
Tribal Governments, we have consulted with Alaska tribes and evaluated 
the rule for possible effects on tribes or trust resources, and have 
determined that there are no significant effects. The rule will legally 
recognize the subsistence harvest of migratory birds and their eggs for 
tribal members, as well as for other indigenous inhabitants.

Endangered Species Act Consideration

    Prior to issuance of annual spring and summer subsistence 
regulations, we will comply with the requirments of section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1536; hereinafter the Act) to 
ensure that these regulations are not likely to jeopardize the 
continued existence of any species listed as endangered or threatened, 
or destroy or adversely modify any designated critical habitats for 
such species, and that they are consistent with conservation programs 
for those species. Consultations under Section 7 of the Act conducted 
in connection with the environmental assessment 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 for public inspection at the address 
indicated under the caption ADDRESSES.

National Environmental Policy Act Consideration

    The annual regulations and options were considered in the 
Environmental Assessment, ``Managing Migratory Bird Subsistence Hunting 
in Alaska: Hunting Regulations for the 2008 Spring/Summer Harvest,'' 
issued August 15, 2007. Copies are available from the address indicated 
under the caption ADDRESSES.

Energy Supply, Distribution, or Use (Executive Order 13211)

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Because this rule 
would allow only for traditional subsistence harvest and would improve 
conservation of migratory birds by allowing effective regulation of 
this harvest, it is not a significant regulatory action under Executive 
Order 12866. Consequently, it is not expected to significantly affect 
energy supplies, distribution, and use. Therefore, this action is not a 
significant energy action under Executive Order 13211 and no Statement 
of Energy Effects is required.

List of Subjects in 50 CFR Part 92

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Subsistence, Treaties, Wildlife.

    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 


    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

    2. In subpart C, add Sec.  92.22 to read as follows:

Sec.  92.22  Subsistence migratory bird species.

    You may harvest birds or gather eggs from the following species, 
listed in taxonomic order, within all included areas except Southeast 
Alaska, which is restricted to Glaucous-winged gull egg harvesting 
only. When birds are listed at the species level, all subspecies 
existing in Alaska are also open to harvest. All bird species not 
listed are closed to harvesting and egg gathering.
    (a) Family Anatidae.
    (1) Greater White-fronted Goose (Anser albifrons).
    (2) Snow Goose (Chen caerulescens).
    (3) Lesser Canada Goose (Branta canadensis parvipes).
    (4) Taverner's Canada Goose (Branta canadensis taverneri).
    (5) Aleutian Canada Goose (Branta canadensis leucopareia)--except 
in the Semidi Islands.
    (6) Cackling Canada Goose (Branta canadensis minima)--except no egg 
gathering is permitted.
    (7) Black Brant (Branta bernicla nigricans)--except no egg 
gathering is permitted in the Yukon/Kuskokwim Delta and the North Slope 
    (8) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and 10.
    (9) Gadwall (Anas strepera).
    (10) Eurasian Wigeon (Anas penelope).
    (11) American Wigeon (Anas americana).
    (12) Mallard (Anas platyrhynchos).
    (13) Blue-winged Teal (Anas discors).
    (14) Northern Shoveler (Anas clypeata).
    (15) Northern Pintail (Anas acuta).
    (16) Green-winged Teal (Anas crecca).
    (17) Canvasback (Aythya valisineria).
    (18) Redhead (Aythya americana).
    (19) Ring-necked Duck (Aythya collaris).
    (20) Greater Scaup (Aythya marila).
    (21) Lesser Scaup (Aythya affinis).
    (22) King Eider (Somateria spectabilis).
    (23) Common Eider (Somateria mollissima).
    (24) Harlequin Duck (Histrionicus histrionicus).
    (25) Surf Scoter (Melanitta perspicillata).
    (26) White-winged Scoter (Melanitta fusca).
    (27) Black Scoter (Melanitta nigra).
    (28) Long-tailed Duck (Clangula hyemalis).
    (29) Bufflehead (Bucephala albeola).
    (30) Common Goldeneye (Bucephala clangula).
    (31) Barrow's Goldeneye (Bucephala islandica).
    (32) Hooded Merganser (Lophodytes cucullatus).
    (33) Common Merganser (Mergus merganser).
    (34) Red-breasted Merganser (Mergus serrator).
    (b) 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

[[Page 58278]]

only, a total of up to 20 yellow-billed loons inadvertently caught in 
fishing nets may be kept for subsistence purposes.
    (c) Family Podicipedidae.
    (1) Horned Grebe (Podiceps auritus).
    (2) Red-necked Grebe (Podiceps grisegena).
    (d) Family Procellariidae.
    (1) Northern Fulmar (Fulmarus glacialis).
    (2) [Reserved].
    (e) Family Phalacrocoracidae.
    (1) Double-crested Cormorant (Phalacrocorax auritus).
    (2) Pelagic Cormorant (Phalacrocorax pelagicus).
    (f) Family Gruidae.
    (1) Sandhill Crane (Grus canadensis).
    (2) [Reserved].
    (g) Family Charadriidae.
    (1) Black-bellied Plover (Pluvialis squatarola).
    (2) Common Ringed Plover (Charadrius hiaticula).
    (h) Family Haematopodidae.
    (1) Black Oystercatcher (Haematopus bachmani).
    (2) [Reserved].
    (i) Family Scolopacidae.
    (1) Greater Yellowlegs (Tringa melanoleuca).
    (2) Lesser Yellowlegs (Tringa flavipes).
    (3) Spotted Sandpiper (Actitis macularia).
    (4) Bar-tailed Godwit (Limosa lapponica).
    (5) Ruddy Turnstone (Arenaria interpres).
    (6) Semipalmated Sandpiper (Calidris pusilla).
    (7) Western Sandpiper (Calidris mauri).
    (8) Least Sandpiper (Calidris minutilla).
    (9) Baird's Sandpiper (Calidris bairdii).
    (10) Sharp-tailed Sandpiper (Calidris acuminata).
    (11) Dunlin (Calidris alpina).
    (12) Long-billed Dowitcher (Limnodromus scolopaceus).
    (13) Common Snipe (Gallinago gallinago).
    (14) Red-necked phalarope (Phalaropus lobatus).
    (15) Red phalarope (Phalaropus fulicaria).
    (j) Family Laridae.
    (1) Pomarine Jaeger (Stercorarius pomarinus).
    (2) Parasitic Jaeger (Stercorarius parasiticus).
    (3) Long-tailed Jaeger (Stercorarius longicaudus).
    (4) Bonaparte's Gull (Larus philadelphia).
    (5) Mew Gull (Larus canus).
    (6) Herring Gull (Larus argentatus).
    (7) Slaty-backed Gull (Larus schistisagus).
    (8) Glaucous-winged Gull (Larus glaucescens).
    (9) Glaucous Gull (Larus hyperboreus).
    (10) Sabine's Gull (Xema sabini).
    (11) Black-legged Kittiwake (Rissa tridactyla).
    (12) Red-legged Kittiwake (Rissa brevirostris).
    (13) Ivory Gull (Pagophila eburnea).
    (14) Arctic Tern (Sterna paradisaea).
    (15) Aleutian Tern (Sterna aleutica).
    (k) 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).
    (l) Family Strigidae.
    (1) Great Horned Owl (Bubo virginianus).
    (2) Snowy Owl (Nyctea scandiaca).

Subpart D--Annual Regulations Governing Subsistence Harvest

    3. In subpart D, revise Sec.  92.31 to read as follows:

Sec.  92.31  Region-specific regulations.

    The 2008 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 (Aleut 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 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 local 
subsistence users, 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 and posted in 
village post offices and stores.
    (3) Special Black Brant and Cackling 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 and 
posted in village post offices and stores.
    (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, 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 Larson Bay. 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.

[[Page 58279]]

    (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 9 and August 15-August 31 (hunting in 
general); waterfowl egg gathering May 20-June 9 only; seabird egg 
gathering May 20-July 12 only; hunting molting/non-nesting waterfowl 
July 1-July 31 only.
    (2) Closure: June 10-August 14, 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 would consist 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 6-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 may be caught inadvertently in 
subsistence fishing nets in the North Slope Region and kept for 
subsistence use. Individuals must report each yellow-billed loon 
inadvertently caught while subsistence gill net fishing to the North 
Slope Borough Department of Wildlife Management by the end of the 
    (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: State of Alaska Game 
Management Units 11 and 13) (Eligible communities: Gulkana, Chitina, 
Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina and 
    (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 Unit 12, making them eligible to 
hunt in this unit using the seasons specified in paragraph (h) of this 
    (j) Gulf of Alaska Region.
    (1) Prince William Sound Area (Harvest area: 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) Kachemak Bay Area (Harvest area: 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 Unit 16[B] as specified 
below) (Eligible communities: Tyonek only).
    (1) Season: April 2-May 31--That portion of Unit 16(B) south of the 
Skwentna River and west of the Yentna River, and August 1-31--That 
portion of 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 100.3].
    (i) Season: Glaucous-winged gull egg gathering only: May 15-June 
    (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 
    (i) Season: Glaucous-winged gull egg gathering only: May 15-June 
    (ii) Closure: July 1-August 31.
    (3) Community of Yakutat (Harvest area: Icy Bay [Icy Cape to Pt. 
Riou], and coastal lands and islands bordering the Gulf of Alaska from 
Pt. Manby southeast to Dry Bay).
    (i) Season: Glaucous-winged gull egg gathering only: May 15-June 
    (ii) Closure: July 1-August 31.

Sec. Sec.  92.32 and 92.33  [Removed and Reserved]

    4. Remove and reserve Sec. Sec.  92.32 and 92.33.

    Dated: September 24, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E7-20243 Filed 10-12-07; 8:45 am]