[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Rules and Regulations]
[Pages 9392-9398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03602]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2014-0036; FF09M21200-145-FXMB1231099BPP0]
RIN 1018-BA48
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2015 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is
establishing migratory bird subsistence harvest regulations in Alaska
for the 2015 season. These regulations allow for the continuation of
customary and traditional subsistence uses of migratory birds in Alaska
and prescribe regional information on when and where the harvesting of
birds may occur. These regulations were developed under a co-management
process involving the Service, the Alaska Department of Fish and Game,
and Alaska Native representatives. The rulemaking is necessary because
the regulations governing the subsistence harvest of migratory birds in
Alaska are subject to annual review. This rulemaking establishes
region-specific regulations that would go into effect on April 2, 2015,
and expire on August 31, 2015.
DATES: Effective April 2, 2015, through August 31, 2015.
FOR FURTHER INFORMATION CONTACT: Donna Dewhurst, U.S. Fish and Wildlife
Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
786-3499.
SUPPLEMENTARY INFORMATION:
Why is this rulemaking necessary?
This rulemaking is necessary because, by law, the migratory bird
harvest season is closed unless opened by the Secretary of the
Interior, and the regulations governing subsistence harvest of
migratory birds in Alaska are subject to public review and annual
approval. This rule establishes regulations for the taking of migratory
birds for subsistence uses in Alaska during the spring and summer of
2015. This rule also sets forth a list of migratory bird season
openings and closures in Alaska by region.
How do I find the history of these regulations?
Background information, including past events leading to this
rulemaking, accomplishments since the Migratory Bird Treaties with
Canada and Mexico were amended, and a history, were originally
addressed in the Federal Register on August 16, 2002 (67 FR 53511) and
most recently on April 8, 2014 (79 FR 19454).
Recent Federal Register documents and all final rules setting forth
the annual harvest regulations are available at http://www.fws.gov/alaska/ambcc/regulations.htm or by contacting the person listed under
FOR FURTHER INFORMATION CONTACT.
What is the process for issuing regulations for the subsistence harvest
of migratory birds in Alaska?
The U.S. Fish and Wildlife Service (Service or we) is establishing
migratory bird subsistence harvest regulations in Alaska for the 2015
season. These regulations allow for the continuation of customary and
traditional subsistence uses of migratory birds in Alaska and prescribe
regional information on when and where the harvesting of birds may
[[Page 9393]]
occur. These regulations were developed under a co-management process
involving the Service, the Alaska Department of Fish and Game, and
Alaska Native representatives.
We opened the process to establish regulations for the 2015 spring
and summer subsistence harvest of migratory birds in Alaska in a
proposed rule published in the Federal Register on April 30, 2014 (79
FR 24512), to amend 50 CFR part 20. While that proposed rule primarily
addressed the regulatory process for hunting migratory birds for all
purposes throughout the United States, we also discussed the background
and history of Alaska subsistence regulations, explained the annual
process for their establishment, and requested proposals for the 2015
season. The rulemaking processes for both types of migratory bird
harvest are related, and the April 30, 2014, proposed rule explained
the connection between the two.
The Alaska Migratory Bird Co-management Council (Co-management
Council) held meetings on April 10-11, 2014, to develop recommendations
for changes that would take effect during the 2015 harvest season. No
changes were recommended, and this was presented first to the Pacific
Flyway Council and then to the Service Regulations Committee (SRC) for
approval at the committee's meeting on July 30, 2014.
Who is eligible to hunt under these regulations?
Eligibility to harvest under the regulations established in 2003
was limited to permanent residents, regardless of race, in villages
located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian
Islands, and in areas north and west of the Alaska Range (50 CFR 92.5).
These geographical restrictions opened the initial migratory bird
subsistence harvest to about 13 percent of Alaska residents. High-
populated, roaded areas such as Anchorage, the Matanuska-Susitna and
Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the
Gulf of Alaska roaded area, and Southeast Alaska were excluded from
eligible subsistence harvest areas.
Based on petitions requesting inclusion in the harvest in 2004, we
added 13 additional communities based on criteria set forth in 50 CFR
92.5(c). These communities were Gulkana, Gakona, Tazlina, Copper
Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port
Graham, Nanwalek, Tyonek, and Hoonah, with a combined population of
2,766. In 2005, we added three additional communities for glaucous-
winged gull egg gathering only, based on petitions requesting
inclusion. These southeastern communities were Craig, Hydaburg, and
Yakutat, with a combined population of 2,459, based on the latest
census information at that time.
In 2007, we enacted the Alaska Department of Fish and Game's
request to expand the Fairbanks North Star Borough excluded area to
include the Central Interior area. This action excluded the following
communities from participation in this harvest: Big Delta/Fort Greely,
Healy, McKinley Park/Village, and Ferry, with a combined population of
2,812.
In 2012, we received a request from the Native Village of Eyak to
include Cordova, Alaska, for a limited season that would legalize the
traditional gathering of gull eggs and the hunting of waterfowl during
spring. This request resulted in a new, limited harvest of spring
waterfowl and gull eggs starting in 2014.
What is different in the region-specific regulations for 2015?
There are no changes from the 2014 regulations.
How will the service ensure that the subsistence harvest will not raise
overall migratory bird harvest or threaten the conservation of
endangered and threatened species?
We have monitored subsistence harvest for the past 25 years through
the use of household surveys in the most heavily used subsistence
harvest areas, such as the Yukon-Kuskokwim Delta. In recent years, more
intensive surveys combined with outreach efforts focused on species
identification have been added to improve the accuracy of information
gathered from regions still reporting some subsistence harvest of
listed or candidate species.
Spectacled and Steller's Eiders
Spectacled eiders (Somateria fischeri) and the Alaska-breeding
population of Steller's eiders (Polysticta stelleri) are listed as
threatened species. Their migration and breeding distribution overlap
with areas where the spring and summer subsistence migratory bird hunt
is open in Alaska. Both species are closed to hunting, although harvest
surveys and Service documentation indicate both species have been taken
in several regions of Alaska.
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 regulations
continue to protect threatened species, measures to address documented
threats are implemented, and the subsistence community and other
conservation partners commit to working together. With these dual
objectives in mind, the Service, working with North Slope partners,
developed measures in 2009, to further reduce the potential for
shooting mortality or injury of closed species. These conservation
measures included: (1) Increased waterfowl hunter outreach and
community awareness through partnering with the North Slope Migratory
Bird Task Force; and (2) continued enforcement of the migratory bird
regulations that are protective of listed eiders.
This final rule continues to focus on the North Slope from Barrow
to Point Hope because Steller's eiders from the listed Alaska breeding
population are known to breed and migrate there. These regulations are
designed to address several ongoing eider management needs by
clarifying for subsistence users that (1) Service law enforcement
personnel have authority to verify species of birds possessed by
hunters, and (2) it is illegal to possess any species of bird closed to
harvest. This rule also describes how the Service's existing authority
of emergency closure will be implemented, if necessary, to protect
Steller's eiders. We are always willing to discuss regulations with our
partners on the North Slope to ensure protection of closed species as
well as provide subsistence hunters an opportunity to harvest migratory
birds in a way that maintains the culture and traditional harvest of
the community. The regulations pertaining to bag checks and possession
of illegal birds are deemed necessary to monitor the number of closed
eider species taken during the subsistence hunt.
The Service is aware of and appreciates the considerable efforts by
North Slope partners to raise awareness and educate hunters on
Steller's eider conservation via the bird fair, meetings, radio shows,
signs, school visits, and one-on-one contacts. We also recognize that
no listed eiders have been documented shot from 2009 through 2012,
however, one Steller's eider and one spectacled eider were found shot
during the summer of 2013; and one was found shot in 2014. The Service
acknowledges progress made with the other eider conservation measures
including partnering with the North Slope Migratory Bird Task Force for
increased waterfowl hunter awareness, continued enforcement of the
regulations, and in-season verification
[[Page 9394]]
of the harvest. To reduce the threat of shooting mortality of
threatened eiders, we continue to work with North Slope partners to
conduct education and outreach. In addition, the emergency closure
authority provides another level of assurance if an unexpected number
of Steller's eiders are killed by shooting (50 CFR 92.21 and 50 CFR
92.32).
In-season harvest monitoring information will be used to evaluate
the efficacy of regulations, conservation measures, and outreach
efforts. Conservation measures are being continued by the Service, with
the amount of effort and emphasis being based on regulatory adherence.
The longstanding general emergency closure provision at 50 CFR
92.21 specifies that the harvest may be closed or temporarily suspended
upon finding that a continuation of the regulation allowing the harvest
would pose an imminent threat to the conservation of any migratory bird
population. With regard to Steller's eiders, the regulation at 50 CFR
92.32, carried over from the past 5 years, clarifies that we will take
action under 50 CFR 92.21 as is necessary to prevent further take of
Steller's eiders, and that action could include temporary or long-term
closures of the harvest in all or a portion of the geographic area open
to harvest. When and if mortality of threatened eiders is documented,
we will evaluate each mortality event by criteria such as cause,
quantity, sex, age, location, and date. We will consult with the Co-
management Council when we are considering an emergency closure. If we
determine that an emergency closure is necessary, we will design it to
minimize its impact on the subsistence harvest.
Yellow-billed loon
In the proposed rule, we discussed Yellow-billed loons (Gavia
adamsii) as a candidate species for listing under the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Since then,
the Service published a ``not-warranted'' 12-Month Finding in the
Federal Register on October 3, 2014 (79 FR 59195), determining that
listing yellow-billed loons as a threatened or endangered species is
not warranted at this time. There are several reasons the Service
determined that listing the yellow-billed loon was not warranted in
contrast to our earlier determination. The Service and its partners
expanded efforts to better understand yellow-billed loon harvest,
abundance, and distribution in the Bering Strait-Norton Sound region
with the goal of evaluating the reliability of reported subsistence
harvest. The Service now has reliable information suggesting the
yellow-billed loon is not a significant subsistence resource; and, that
the limited harvest does not have a negative impact on the population.
Also, additional years of survey data on the Arctic Coastal Plain in
Alaska of survey data on the Arctic Coastal Plain in Alaska further
support that the breeding population, which we believe to be
representative of the other breeding populations, is stable or slightly
increasing in abundance. Though the Service is not listing the yellow-
billed loon, it remains a conservation priority for the Service. The
Service, working with Tribal, State, and Federal partners, will
continue to monitor and implement conservation measures for the yellow-
billed loon in northern and western Alaska.
The Yellow-billed Loon Species Status Assessment Report is
available on the Internet at on http://www.fws.gov/alaska/fisheries/endangered/species/yellow-billed_loon.htm.
Yellow-billed loons are currently closed to hunting, but surveys
have indicated that on the North Slope and St. Lawrence Island some
take does occur. Of the yellow-billed loons taken on the North Slope,
many were found to be entangled loons salvaged from subsistence fishing
nets as described below. The Service is planning to continue outreach
efforts on St. Lawrence Island, encouraging partners in an effort to
reduce the take of yellow-billed loons.
Consistent with the request of the North Slope Borough Fish and
Game Management Committee and the recommendation of the Co-management
Council, this rule continues the provisions originally established in
2005, to allow subsistence use of yellow-billed loons inadvertently
entangled in subsistence fishing (gill) nets on the North Slope.
Yellow-billed loons are culturally important to the Inupiat Eskimo of
the North Slope for use in traditional dance regalia. A maximum of 20
yellow-billed loons will be allowed to be kept if found entangled in
fishing nets in 2015, under this provision. This provision does not
authorize intentional harvest of yellow-billed loons, but allows use of
those loons inadvertently entangled during normal subsistence fishing
activities.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act (16 U.S.C. 1536) requires
the Secretary of the Interior to ``review other programs administered
by him and utilize such programs in furtherance of the purposes of the
Act'' and to ``insure that any action authorized, funded, or carried
out * * * is not likely to jeopardize the continued existence of any
endangered species or threatened species or result in the destruction
or adverse modification of [critical] habitat. * * *'' We conducted an
intra-agency consultation with the Service's Fairbanks Fish and
Wildlife Field Office on this harvest as it will be managed in
accordance with this final rule and the conservation measures. The
consultation was completed with a biological opinion dated December 5,
2014, that concluded the final rule and conservation measures are not
likely to jeopardize the continued existence of Steller's and
spectacled eiders or result in the destruction or adverse modification
of designated critical habitat.
Summary of Public Involvement
On September 5, 2014, we published in the Federal Register a
proposed rule (79 FR 53120) to establish spring and summer migratory
bird subsistence harvest regulations in Alaska for the 2015 subsistence
season. The proposed rule provided for a public comment period of 60
days, ending November 4, 2014. We posted an announcement of the comment
period dates for the proposed rule, as well as the rule itself and
related historical documents, on the Co-management Council's Internet
homepage. We issued a press release announcing our request for public
comments and the pertinent deadlines for such comments, which was faxed
to the media statewide in Alaska. Additionally, all documents were
available on http://www.regulations.gov. The Service received three
responses, two from the public and one from a government agency.
Response to Public Comments
Comment: We received one comment on the overall regulations that
expressed strong opposition to the concept of allowing any harvest of
migratory birds in Alaska.
Service Response: For centuries, indigenous inhabitants of Alaska
have harvested migratory birds for subsistence purposes during the
spring and summer months. The Canada and Mexico migratory bird treaties
were amended for the express purpose of allowing subsistence hunting
for migratory birds during the spring and summer. The amendments
indicate that the Service should issue regulations allowing such
hunting as provided in the Migratory Bird Treaty Act; see 16 U.S.C.
712(1). Please refer to Statutory Authority section, below, for more
details.
Comment: We received two comments expressing support of the
continued
[[Page 9395]]
implementation of the proposed regulations at the 2014 levels, citing
the importance of subsistence to provide fresh, local foods in the
rural areas.
Service Response: The Service appreciates the support for this co-
management process which allows for the continuation of customary and
traditional subsistence uses of migratory birds in Alaska.
Statutory Authority
We derive our authority to issue these regulations from the
Migratory Bird Treaty Act of 1918, at 16 U.S.C. 712(1), which
authorizes the Secretary of the Interior, in accordance with the
treaties with Canada, Mexico, Japan, and Russia, to ``issue such
regulations as may be necessary to assure that the taking of migratory
birds and the collection of their eggs, by the indigenous inhabitants
of the State of Alaska, shall be permitted for their own nutritional
and other essential needs, as determined by the Secretary of the
Interior, during seasons established so as to provide for the
preservation and maintenance of stocks of migratory birds.''
Required Determinations
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. The OIRA
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that, if adopted, this
rule will not have a significant economic impact on a substantial
number of small entities as defined under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). A regulatory flexibility analysis is not
required. Accordingly, a Small Entity Compliance Guide is not required.
This final rule would legalize a pre-existing subsistence activity, and
the resources harvested will be consumed.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Would not have an annual effect on the economy of $100 million
or more. It would legalize and regulate a traditional subsistence
activity. It would not result in a substantial increase in subsistence
harvest or a significant change in harvesting patterns. The commodities
that would be regulated under this final 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 final rule would derive 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 final 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 final rule does not deal with
traded commodities and, therefore, does 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
final rule deals with the harvesting of wildlife for personal
consumption. It does 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 final rule would not impose a
cost of $100 million or more in any given year on local, State, or
tribal governments or private entities. The final rule does not have a
significant or unique effect on State, local, or tribal governments or
the private sector. A statement containing the information required by
the Unfunded Mandates Reform Act is not required. Participation on
regional management bodies and the Co-management Council requires
travel expenses for some Alaska Native organizations and local
governments. In addition, they assume some expenses related to
coordinating involvement of village councils in the regulatory process.
Total coordination and travel expenses for all Alaska Native
organizations are estimated to be less than $300,000 per year. In a
notice of decision (65 FR 16405; March 28, 2000), we identified 7 to 12
partner organizations (Alaska Native nonprofits and local governments)
to administer the regional programs. The Alaska Department of Fish and
Game also incurs expenses for travel to Co-management Council and
regional management body meetings. In addition, the State of Alaska
will be required to provide technical staff support to each of the
regional management bodies and to the Co-management Council. Expenses
for the State's involvement may exceed $100,000 per year, but should
not exceed $150,000 per year. When funding permits, we make annual
grant agreements available to the partner organizations and the Alaska
Department of Fish and Game to help offset their expenses.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this final rule would
not have significant takings implications. This final 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 final rule does
not have sufficient federalism implications to warrant the preparation
of a federalism summary impact statement. We discuss effects of this
final rule on the State of Alaska in the Unfunded Mandates Reform Act
section above. We worked with the State of Alaska to develop these
final regulations. Therefore, a federalism summary impact statement is
not required.
Civil Justice Reform (Executive Order 12988)
The Department, in promulgating this final 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.
[[Page 9396]]
Government-to-Government Relations with Native American Tribal
Governments
Consistent with Executive Order 13175 (65 FR 67249; November 6,
2000), ``Consultation and Coordination with Indian Tribal
Governments,'' and Department of Interior policy on Consultation with
Indian Tribes (December 1, 2011), we will send letters 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 Public Law 108-447, div. H, title V,
Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we will be sending 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 2015 migratory bird subsistence
harvest regulations.
We implemented the amended treaty with Canada with a focus on local
involvement. The treaty calls for the creation of management bodies to
ensure an effective and meaningful role for Alaska's indigenous
inhabitants in the conservation of migratory birds. According to the
Letter of Submittal, management bodies are to include Alaska Native,
Federal, and State of Alaska representatives as equals. They develop
recommendations for, among other things: Seasons and bag limits,
methods and means of take, law enforcement policies, population and
harvest monitoring, education programs, research and use of traditional
knowledge, and habitat protection. The management bodies involve
village councils to the maximum extent possible in all aspects of
management. To ensure maximum input at the village level, we required
each of the 11 participating regions to create regional management
bodies consisting of at least one representative from the participating
villages. The regional management bodies meet twice annually to review
and/or submit proposals to the Statewide body.
Paperwork Reduction Act
This final rule has been examined under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) and does not contain any new
collections of information that require Office of Management and Budget
(OMB) approval. OMB has renewed our collection of information
associated with the voluntary annual household surveys used to
determine levels of subsistence take. The OMB control number is 1018-
0124, which expires June 30, 2016. We may not conduct or sponsor a
survey unless it displays a currently valid OMB control number.
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The annual regulations and options are considered in a September
2014 environmental assessment, ``Managing Migratory Bird Subsistence
Hunting in Alaska: Hunting Regulations for the 2015 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 would
allow only for traditional subsistence harvest and improve conservation
of migratory birds by allowing effective regulation of this harvest.
Further, this final rule is not expected to significantly affect energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action under Executive Order 13211, and a Statement
of Energy Effects is not required.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Final Regulation Promulgation
For the reasons set out in the preamble, we amend title 50, chapter
I, subchapter G, of the Code of Federal Regulations as follows:
PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA
0
1. The authority citation for part 92 continues to read as follows:
Authority: 16 U.S.C. 703-712.
Subpart D--Annual Regulations Governing Subsistence Harvest
0
2. Amend subpart D by adding Sec. 92.31 to read as follows:
Sec. 92.31 Region-specific regulations.
The 2015 season dates for the eligible subsistence harvest areas
are as follows:
(a) Aleutian/Pribilof Islands Region. (1) Northern Unit (Pribilof
Islands):
(i) Season: April 2-June 30.
(ii) Closure: July 1-August 31.
(2) Central Unit (Aleutian Region's eastern boundary on the Alaska
Peninsula westward to and including Unalaska Island):
(i) Season: April 2-June 15 and July 16-August 31.
(ii) Closure: June 16-July 15.
(iii) Special Black Brant Season Closure: August 16-August 31, only
in Izembek and Moffet lagoons.
(iv) Special Tundra Swan Closure: All hunting and egg gathering
closed in Game Management Units 9(D) and 10.
(3) Western Unit (Umnak Island west to and including Attu Island):
(i) Season: April 2-July 15 and August 16-August 31.
(ii) Closure: July 16-August 15.
(b) Yukon/Kuskokwim Delta Region. (1) Season: April 2-August 31.
(2) Closure: 30-day closure dates to be announced by the Service's
Alaska Regional Director or his designee, after consultation with field
biologists and the Association of Village Council President's Waterfowl
Conservation Committee. This 30-day period will occur between June 1
and August 15 of each year. A press release announcing the actual
closure dates will be forwarded to regional newspapers and radio and
television stations.
(3) Special Black Brant and Cackling Goose Season Hunting Closure:
From the period when egg laying begins until young birds are fledged.
Closure dates to be announced by the Service's Alaska Regional Director
or his designee, after consultation with field biologists and the
Association of Village Council President's Waterfowl Conservation
Committee. A press release announcing the actual closure dates will be
forwarded to regional newspapers and radio and television stations.
(c) Bristol Bay Region. (1) Season: April 2-June 14 and July 16-
August 31 (general season); April 2-July 15 for seabird egg gathering
only.
(2) Closure: June 15-July 15 (general season); July 16-August 31
(seabird egg gathering).
(d) Bering Strait/Norton Sound Region. (1) Stebbins/St. Michael
Area (Point Romanof to Canal Point):
(i) Season: April 15-June 14 and July 16-August 31.
(ii) Closure: June 15-July 15.
(2) Remainder of the region:
(i) Season: April 2-June 14 and July 16-August 31 for waterfowl;
April 2-July 19 and August 21-August 31 for all other birds.
(ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for
all other birds.
(e) Kodiak Archipelago Region, except for the Kodiak Island roaded
area, which is closed to the harvesting of migratory birds and their
eggs. The closed area consists of all lands and waters (including
exposed tidelands) east of a line extending from Crag Point
[[Page 9397]]
in the north to the west end of Saltery Cove in the south and all lands
and water south of a line extending from Termination Point along the
north side of Cascade Lake extending to Anton Larsen Bay. Marine waters
adjacent to the closed area are closed to harvest within 500 feet from
the water's edge. The offshore islands are open to harvest.
(1) Season: April 2-June 30 and July 31-August 31 for seabirds;
April 2-June 20 and July 22-August 31 for all other birds.
(2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all
other birds.
(f) Northwest Arctic Region. (1) Season: April 2-June 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 consists of the coastline, from mean high water line outward
to include open water, from Nokotlek Point east to longitude line
158[deg]30' W. This includes Peard Bay, Kugrua Bay, and Wainwright
Inlet, but not the Kuk and Kugrua river drainages.
(2) Northern Unit (At Peard Bay, everything east of the longitude
line 158[deg]30' W and north of the latitude line 70[deg]45' N to west
bank of the Ikpikpuk River, and everything north of the latitude line
69[deg]45' N between the west bank of the Ikpikpuk River to the east
bank of Sagavinirktok River):
(i) Season: April 2-June 6 and July 7-August 31 for king and common
eiders; April 2-June 15 and July 16-August 31 for all other birds.
(ii) Closure: June 7-July 6 for king and common eiders; June 16-
July 15 for all other birds.
(3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
(i) Season: April 2-June 19 and July 20-August 31.
(ii) Closure: June 20-July 19.
(4) All Units: Yellow-billed loons. Annually, up to 20 yellow-
billed loons total for the region inadvertently entangled in
subsistence fishing nets in the North Slope Region may be kept for
subsistence use.
(5) North Coastal Zone (Cape Thompson north to Point Hope and east
along the Arctic Ocean coastline around Point Barrow to Ross Point,
including Iko Bay, and 5 miles inland).
(i) No person may at any time, by any means, or in any manner,
possess or have in custody any migratory bird or part thereof, taken in
violation of subpart C and D of this part.
(ii) Upon request from a Service law enforcement officer, hunters
taking, attempting to take, or transporting migratory birds taken
during the subsistence harvest season must present them to the officer
for species identification.
(h) Interior Region. (1) Season: April 2-June 14 and July 16-August
31; egg gathering May 1-June 14 only.
(2) Closure: June 15-July 15.
(i) Upper Copper River Region (Harvest Area: Game Management Units
11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper
Center, Gakona, Mentasta Lake, Chistochina and Cantwell).
(1) Season: April 15-May 26 and June 27-August 31.
(2) Closure: May 27-June 26.
(3) The Copper River Basin communities listed above also documented
traditional use harvesting birds in Game Management Unit 12, making
them eligible to hunt in this unit using the seasons specified in
paragraph (h) of this section.
(j) Gulf of Alaska Region. (1) Prince William Sound Area West
(Harvest area: Game Management Unit 6[D]), (Eligible Chugach
communities: Chenega Bay, Tatitlek):
(i) Season: April 2-May 31 and July 1-August 31.
(ii) Closure: June 1-30.
(2) Prince William Sound Area East (Harvest area: Game Management
Units 6[B] and [C]-Barrier Islands between Strawberry Channel and
Softtuk Bar), (Eligible Chugach communities: Cordova):
(i) Season: April 2-April 30 (hunting); May 1-May 31 (gull egg
gathering).
(ii) Closure: May 1-August 31 (hunting); April 2-30 and June 1-
August 31 (gull egg gathering).
(iii) Species Open for Hunting: Greater white-fronted goose; snow
goose; gadwall; Eurasian and American wigeon; blue-winged and green-
winged teal; mallard; northern shoveler; northern pintail; canvasback;
redhead; ring-necked duck; greater and lesser scaup; king and common
eider; harlequin duck; surf, white-winged, and black scoter; long-
tailed duck; bufflehead; common and Barrow's goldeneye; hooded, common,
and red-breasted merganser; and sandhill crane. Species open for egg
gathering: Glaucous-winged, herring, and mew gulls.
(iv) Use of Boats/All-Terrain Vehicles: No hunting from motorized
vehicles or any form of watercraft.
(v) Special Registration: All hunters or egg gatherers must possess
an annual permit, which is available from the Cordova offices of the
Native Village of Eyak and the U. S. Forest Service.
(3) Kachemak Bay Area (Harvest area: Game Management Unit 15[C]
South of a line connecting the tip of Homer Spit to the mouth of Fox
River) (Eligible Chugach Communities: Port Graham, Nanwalek):
(i) Season: April 2-May 31 and July 1-August 31.
(ii) Closure: June 1-30.
(k) Cook Inlet (Harvest area: Portions of Game Management Unit
16[B] as specified below) (Eligible communities: Tyonek only):
(1) Season: April 2-May 31--That portion of Game Management Unit
16(B) south of the Skwentna River and west of the Yentna River, and
August 1-31--That portion of Game Management Unit 16(B) south of the
Beluga River, Beluga Lake, and the Triumvirate Glacier.
(2) Closure: June 1-July 31.
(l) Southeast Alaska. (1) Community of Hoonah (Harvest area:
National Forest lands in Icy Strait and Cross Sound, including Middle
Pass Rock near the Inian Islands, Table Rock in Cross Sound, and other
traditional locations on the coast of Yakobi Island. The land and
waters of Glacier Bay National Park remain closed to all subsistence
harvesting (50 CFR part 100.3(a)):
(i) Season: Glaucous-winged gull egg gathering only: May 15-June
30.
(ii) Closure: July 1-August 31.
(2) Communities of Craig and Hydaburg (Harvest area: Small islands
and adjacent shoreline of western Prince of Wales Island from Point
Baker to Cape Chacon, but also including Coronation and Warren
islands):
(i) Season: Glaucous-winged gull egg gathering only: May 15-June
30.
(ii) Closure: July 1-August 31.
(3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point
Riou), and coastal lands and islands bordering
[[Page 9398]]
the Gulf of Alaska from Point Manby southeast to and including Dry
Bay):
(i) Season: Glaucous-winged gull egg gathering: May 15-June 30.
(ii) Closure: July 1-August 31.
0
4. Amend subpart D by adding Sec. 92.32 to read as follows:
Sec. 92.32 Emergency regulations to protect Steller's eiders.
Upon finding that continuation of these subsistence regulations
would pose an imminent threat to the conservation of threatened
Steller's eiders (Polysticta stelleri), the U.S. Fish and Wildlife
Service Alaska Regional Director, in consultation with the Co-
management Council, will immediately under Sec. 92.21 take action as
is necessary to prevent further take. Regulation changes implemented
could range from a temporary closure of duck hunting in a small
geographic area to large-scale regional or Statewide long-term closures
of all subsistence migratory bird hunting. These closures or temporary
suspensions will remain in effect until the Regional Director, in
consultation with the Co-management Council, determines that the
potential for additional Steller's eiders to be taken no longer exists.
Dated: February 9, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-03602 Filed 2-20-15; 8:45 am]
BILLING CODE 4310-55-P