[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Rules and Regulations]
[Pages 18781-18788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07398]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2015-0158; FF09M21200-156-FXMB1231099BPP0]
RIN 1018-BB10
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2016 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is
establishing migratory bird subsistence harvest regulations in Alaska
for the 2016 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 will go into effect on April 2, 2016,
and expire on August 31, 2016.
DATES: The amendments to subpart D of 50 CFR part 92 are effective
April 2, 2016, through August 31, 2016. The amendments to subparts A
and C of 50 CFR part 92 are effective May 2, 2016.
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
[[Page 18782]]
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 2016. 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 February 23, 2015 (80 FR 9392).
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 2016
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.
We opened the process to establish regulations for the 2016 spring
and summer subsistence harvest of migratory birds in Alaska in a
proposed rule published in the Federal Register on April 13, 2015 (80
FR 19852), 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 2016
season. The rulemaking processes for both types of migratory bird
harvest are related, and the April 13, 2015, proposed rule explained
the connection between the two.
The Alaska Migratory Bird Co-management Council (Co-management
Council) held meetings on April 8-9, 2015, to develop recommendations
for changes that would take effect during the 2016 harvest season. The
Co-management Council also amended the consent agenda package of carry-
over regulations to request a limited emperor goose harvest for 2016;
these recommended changes were presented first to the Pacific Flyway
Council and then to the Service Regulations Committee (SRC) for
approval at the committee's meeting on July 31, 2015.
On December 17, 2015, we published in the Federal Register a
proposed rule (80 FR 78950) to amend 50 CFR part 92 to establish
regulations for the 2016 spring and summer subsistence harvest of
migratory birds in Alaska at subpart D, and to make certain changes to
the permanent regulations at subparts A and C.
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 regulations for 2016?
Subpart A
Under subpart A, General Provisions, we are amending Sec. 92.4 by
adding a new definition for ``Edible meat'' and revising the definition
for ``Nonwasteful taking.'' These changes were requested in 2014, by
the Bristol Bay Regional Council, which recommended that all edible
parts of migratory waterfowl must be salvaged when harvested. The topic
was originally brought up by the Association of Village Council
Presidents after an incident in their region where tundra swans were
only breasted and the remainder of the bird was discarded. The concern
was that ``indigenous inhabitants'' harvesters come from a variety of
different cultures, and it was expressed that subsistence should
involve retaining the whole bird for food and other uses.
Subpart C
Under subpart C, General Regulations Governing Subsistence Harvest,
we are amending Sec. 92.22, the list of birds open to subsistence
harvest, by updating scientific names for six species and clarifying
the nomenclature for Canada goose subspecies. These nomenclature
updates come from the Service and the Alaska Department of Fish and
Game.
Subpart D
The regulations we are establishing for subpart D, Annual
Regulations Governing Subsistence Harvest, are the same as the 2015
regulations. While we are not establishing any changes to the 2015
regulations for subpart D in this 2016 rule, we provide information
below on potential changes to the regulations for this subpart in the
2017 migratory bird subsistence harvest regulations in Alaska.
The Co-management Council proposed a new emperor goose (Chen
canagica) limited subsistence hunt for the 2016 season. Since 2012, the
Co-management Council has received regulatory proposals from the Sun'aq
Tribe of Kodiak, the Kodiak-Aleutians
[[Page 18783]]
Subsistence Regional Advisory Council, the Yaquillrit Keutisti Council
(Bristol Bay), and the Bering Strait/Norton Sound Migratory Bird
Council (Kawerak) to open the harvest of emperor geese for the
subsistence season. Since the hunting season has been closed since 1987
for emperor geese, the Co-management Council created a subcommittee to
address these proposals. The emperor goose harvest is guided by the
2006 Pacific Flyway Management Plan and the 2005-2006 Yukon-Kuskokwim
Delta Goose Management Plan. Over 95 percent of the emperor goose
population breeds on the Yukon-Kuskowim Delta of Alaska, and most
emperor geese winter in remote western Alaska with the remainder
wintering in Russia. The Pacific Flyway Council recognizes the 3-year
average abundance estimate derived from the emperor goose spring
population survey on the Alaska Peninsula as the management index to
guide harvest management decisions. The Pacific Flyway Council's
Emperor Goose Management Plan and the Yukon-Kuskokwim Delta Goose
Management Plan indicate that a harvest can be considered when the 3-
year average abundance index is at least 80,000 birds. This threshold
has not been reached since 1984, and Alaska Natives have questioned the
survey methods used to determine the population index.
In addition, two studies are being conducted concurrently by the
Service and the Alaska Department of Fish and Game. The first study is
designed to provide a comprehensive evaluation of all available emperor
goose survey data and assess harvest potential of the population. The
second study is designed to develop a Bayesian state space population
model to improve estimates of population size by integrating current
population assessment methods using all available data sets. The model
provides a framework from which to make inferences about survival
rates, age structure, and population size. The results of these studies
will assist in amending the management plans.
The Service conducted the spring emperor goose survey April 25-28,
2015, and results indicated that the 2015 spring index (98,155) was 23
percent above the 2014 count (79,883), and 49 percent higher than the
long-term (1981-2014) average (65,923). The most recent 3-year average
count (2012, 2014, 2015) is 81,875 geese and the highest on record
since 1984. Further, it is above the threshold for consideration of an
open hunting season on emperor geese as specified in the Yukon-
Kuskokwim Delta Goose Management Plan and the Pacific Flyway Council
Management Plan for emperor geese.
As a result of this new information, the Co-management Council
amended their motion of the consent agenda to add an allowance for a
limited emperor goose harvest in 2016. The Pacific Flyway Council met
in July 2015, and supported the Co-management Council's recommendation
to work with the State of Alaska and the Service to develop harvest
regulations and monitoring for a limited emperor goose harvest in 2016.
On July 31, 2015, the SRC supported the Co-management Council's
proposed limited harvest of emperor geese for the 2016 Alaska spring
and summer subsistence season. However, the approval was provisional
based upon the following:
(1) A limited harvest of 3,500 emperor geese to ensure that
population growth continues toward the Flyway management plan
objective;
(2) A harvest allocation (e.g., an individual, family, or Village
quota or permit hunt) that ensures harvest does not exceed 3,500;
(3) Agreement on a monitoring program to index abundance of the
emperor goose population; and
(4) A revised Pacific Flyway Emperor Goose Management Plan,
including harvest allocation among all parties (including spring/summer
and fall/winter), population objective, population monitoring, and
thresholds for season restriction or closure.
The harvest allocation design and harvest monitoring plan are to be
completed by November 1, 2016. Additionally, there was an explicit
statement that the limited, legalized harvest of 3,500 birds was not in
addition to existing subsistence harvest (approximately 3,200 emperor
geese). The 3,500-bird allowable harvest is to be allocated to
subsistence users during the spring and summer subsistence season. The
SRC suggested that the allowable harvest should be monitored to ensure
it does not exceed 3,500 birds.
On August 13-14, and September 21, 2015, the Co-management Council
Native Caucus met separately and with all partners to discuss options
available to limit and monitor the harvest, as well as options to
allocate the 3,500 birds across the six regions where emperor geese
occur. Given the limited time provided to address the four conditions
placed on this new harvest by the SRC, all partners agreed that the
best course of action would be to spend additional time working
together to develop a culturally sensitive framework tailored to each
participating region that conserves the population and adequately
addresses the data needs of all partners. In support of this
recommendation, the Co-management Council took action to: Postpone an
emperor goose harvest until 2017; work with all partners to develop the
harvest framework; and work with their Emperor Goose Subcommittee and
the Pacific Flyway Council on updating the Pacific Flyway Emperor Goose
Management Plan.
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
[[Page 18784]]
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 would be implemented, if necessary, to protect
Steller's eiders. We are always willing to discuss regulations with our
partners on the North Slope to ensure protection of closed species 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 Steller's eider was found shot in
2014. In 2015, one spectacled eider was found dead, and it appeared to
have been shot by a hunter. The Service acknowledges progress made with
the other eider conservation measures, including partnering with the
North Slope Migratory Bird Task Force, for increased waterfowl hunter
awareness, continued enforcement of the regulations, and in-season
verification of the harvest. To reduce the threat of shooting mortality
of threatened eiders, we continue to work with North Slope partners to
conduct education and outreach. In addition, the emergency closure
authority provides another level of assurance if an unexpected number
of Steller's eiders are killed by shooting (50 CFR 92.21 and 50 CFR
92.32).
In-season harvest monitoring information will be used to evaluate
the efficacy of regulations, conservation measures, and outreach
efforts. Conservation measures are being continued by the Service, with
the amount of effort and emphasis being based on regulatory adherence.
The longstanding general emergency closure provision at 50 CFR
92.21 specifies that the harvest may be closed or temporarily suspended
upon finding that a continuation of the regulation allowing the harvest
would pose an imminent threat to the conservation of any migratory bird
population. With regard to Steller's eiders, the regulations at 50 CFR
92.32, carried over from the past 5 years, clarify that we will take
action under 50 CFR 92.21 as is necessary to prevent further take of
Steller's eiders, and that action could include temporary or long-term
closures of the harvest in all or a portion of the geographic area open
to harvest. When and if mortality of threatened eiders is documented,
we will evaluate each mortality event by criteria such as cause,
quantity, sex, age, location, and date. We will consult with the Co-
management Council when we are considering an emergency closure. If we
determine that an emergency closure is necessary, we will design it to
minimize its impact on the subsistence harvest.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act (16 U.S.C. 1536) requires
the Secretary of the Interior to ``review other programs administered
by him and utilize such programs in furtherance of the purposes of the
Act'' and to ``insure that any action authorized, funded, or carried
out * * * is not likely to jeopardize the continued existence of any
endangered species or threatened species or result in the destruction
or adverse modification of [critical] habitat. * * *'' We conducted an
intra-agency consultation with the Service's Fairbanks Fish and
Wildlife Field Office on this harvest as it will be managed in
accordance with this final rule and the conservation measures. The
consultation was completed with a biological opinion dated December 18,
2015, 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 December 17, 2015, we published in the Federal Register a
proposed rule (80 FR 78950) to establish spring and summer migratory
bird subsistence harvest regulations in Alaska for the 2016 subsistence
season. The proposed rule provided for a public comment period of 60
days, ending February 16, 2016. 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 two
responses from the public.
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 one comment encouraging the use of steel shot
in rural Alaska.
Service Response: These subsistence regulations have prohibited the
possession and use of non-toxic shot since the program's inception in
2003. This has been a target of both outreach and enforcement through
the years.
Comment: We received one comment requesting the reinstatement of a
mandatory Federal Migratory Bird Hunting and Conservation Stamp (``Duck
Stamp'') for hunters over 12 or 16 years of age.
Service Response: On December 18, 2014, President Obama signed into
law the Federal Duck Stamp Act of 2014 (Pub. L. 113-264). The Federal
Duck Stamp Act of 2014 amends the Migratory Bird Hunting and
Conservation Stamp Act (16 U.S.C. 718a-718k, as amended) by, among
other things, adding an exemption from the requirement to purchase a
Duck Stamp for rural Alaska subsistence users. Specifically, the
Federal Duck Stamp Act of 2014 states that purchase of a Duck Stamp is
not required ``by a rural Alaska resident for subsistence uses (as that
term is defined in section 803 of the Alaska National Interest Lands
Conservation Act [ANILCA] (16 U.S.C. 3113)).'' ANILCA (Pub. L. 96-487,
94 Stat. 2371) is codified, as
[[Page 18785]]
amended, at 16 U.S.C. 410hh-3233 and 43 U.S.C. 1602-1784. To remove
this exemption would require another congressional action.
Comment: We received one comment encouraging more hunter education
classes in rural areas.
Service Response: Hunter education classes are coordinated and
conducted by the Alaska Department of Fish and Game.
Comment: We received one comment saying we should encourage proper
cooking and cleaning procedures and storage of harvested birds.
Service Response: The annual public regulations booklet for the
subsistence spring/summer migratory bird harvest has a special section
on the last page dedicated to just these topics.
Comment: We received one comment saying we should attempt to
minimize use of trail vehicles and motorized equipment during the
nesting season.
Service Response: Access to nesting areas is dictated by the local
land owner or manager. In the case of national wildlife refuges,
contact the appropriate Service refuge office directly to discuss
access issues.
Comment: We received one comment saying that local populations of
sea ducks as well as geese should be more protected.
Service Response: Following declines from the 1960s to the 1980s,
most sea duck and other waterfowl populations have stabilized. For
example, the 2015 Environmental Assessment found that common eiders
have increased since the mid-1990s, while king eiders have stabilized
since 1996. Factors driving population fluctuations in sea duck
populations are uncertain, but there is some evidence that sea ducks
are responding to large scale changes in the marine environment.
Harvested goose populations are all generally high or over management
objectives. Total annual and long-term subsistence and sport harvest of
waterfowl in Alaska and the Pacific Flyway are low relative to the size
of their continental populations. In general, we do not set regulations
to address waterfowl populations on a local scale because sport and
subsistence harvest estimates and estimates of species abundance are
very imprecise at local scales. We set subsistence harvest regulations
on a regional or statewide level based on species or subspecies
continental population status. We would welcome any suggestions on how
to make our regulations more effective in conserving local populations
of hunted birds.
Statutory Authority
We derive our authority to issue these regulations from the
Migratory Bird Treaty Act of 1918, at 16 U.S.C. 712(1), which
authorizes the Secretary of the Interior, in accordance with the
treaties with Canada, Mexico, Japan, and Russia, to ``issue such
regulations as may be necessary to assure that the taking of migratory
birds and the collection of their eggs, by the indigenous inhabitants
of the State of Alaska, shall be permitted for their own nutritional
and other essential needs, as determined by the Secretary of the
Interior, during seasons established so as to provide for the
preservation and maintenance of stocks of migratory birds.''
Effective Date of This Rule
The amendments to subpart D of 50 CFR part 92 will take effect less
than 30 days after publication (see DATES, above). If there was a delay
in the effective date of these regulations after this final rulemaking,
subsistence hunters would not be able to take full advantage of their
subsistence hunting opportunities. We therefore find that ``good
cause'' exists justifying the earlier start date, within the terms of 5
U.S.C. 553(d)(3) of the Administrative Procedure Act, and under
authority of the Migratory Bird Treaty Act (July 3, 1918), as amended
(16 U.S.C. 703-712).
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. 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) Will not have an annual effect on the economy of $100 million
or more. It legalizes and regulates a traditional subsistence activity.
It will not result in a substantial increase in subsistence harvest or
a significant change in harvesting patterns. The commodities that will
be regulated under this 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 will 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
will lead to a disproportionate distribution of benefits.
(b) Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This final rule does not deal with
traded commodities and, therefore, does not have an impact on prices
for consumers.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
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 will not impose a cost
of $100 million or more in any given year on
[[Page 18786]]
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 will
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.
Government-to-Government Relations With Native American Tribal
Governments
Consistent with Executive Order 13175 (65 FR 67249; November 6,
2000), ``Consultation and Coordination with Indian Tribal
Governments'', and Department of Interior policy on Consultation with
Indian Tribes (December 1, 2011), in January 2016, we sent letters via
electronic mail to all 229 Alaska Federally recognized Indian tribes.
Consistent with Congressional direction (Pub. L. 108-199, div. H, Sec.
161, Jan. 23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div.
H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also sent
letters to approximately 200 Alaska Native corporations and other
tribal entities in Alaska soliciting their input as to whether or not
they would like the Service to consult with them on the 2016 migratory
bird subsistence harvest regulations. We received one response that
requested consultation. We conducted one consultation with a Native
Traditional Council on February 16, 2016. The tribal contacts were
happy with the information provided and did not have any specific
comments on the 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 of 1995 (PRA)
This final rule does not contain any new collections of information
that require Office of Management and Budget (OMB) approval under the
PRA (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are
not required to respond to a collection of information unless it
displays a currently valid OMB control number. OMB has reviewed and
approved our collection of information associated with:
Voluntary annual household surveys that we use to
determine levels of subsistence take (OMB Control Number 1018-0124,
expires June 30, 2016).
Permits associated with subsistence hunting (OMB Control
Number 1018-0075, expires April 30, 2016).
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The annual regulations and options are considered in an October
2016 environmental assessment, ``Managing Migratory Bird Subsistence
Hunting in Alaska: Hunting Regulations for the 2016 Spring/Summer
Harvest,'' dated October 9, 2015. 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.
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:
[[Page 18787]]
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 A--General Provisions
0
2. Amend Sec. 92.4 by adding, in alphabetical order, a definition for
``Edible meat'' and revising the definition for ``Nonwasteful taking''
to read as follows:
Sec. 92.4 Definitions.
* * * * *
Edible meat means the meat from the breast, back, thighs, legs,
wings, gizzard, and heart. The head, neck, feet, other internal organs,
and skin are considered inedible byproducts, and not edible meat, for
all provisions of this part.
* * * * *
Nonwasteful taking means making a reasonable effort to retrieve all
birds killed or wounded, and retaining all edible meat until the birds
have been transported to the location where they will be consumed,
processed, or preserved as human food.
* * * * *
Subpart C--General Regulations Governing Subsistence Harvest
0
3. Amend Sec. 92.22 by:
0
a. Revising paragraph (a)(3);
0
b. Removing and reserving paragraph (a)(4); and
0
c. Revising paragraphs (a)(5) and (6), (i)(3), (13), and (15), (j)(4)
and (15), and (l)(2).
The revisions read as follows:
Sec. 92.22 Subsistence migratory bird species.
* * * * *
(a) * * *
(3) Canada goose (Branta canadensis).
* * * * *
(5) Canada goose, subspecies Aleutian goose--except in the Semidi
Islands.
(6) Canada goose, subspecies cackling goose--except no egg
gathering is permitted.
* * * * *
(i) * * *
(3) Spotted sandpiper (Actitis macularius).
* * * * *
(13) Wilson's snipe (Gallinago delicata).
* * * * *
(15) Red phalarope (Phalaropus fulicarius).
* * * * *
(j) * * *
(4) Bonaparte's gull (Chroicocephalus philadelphia).
* * * * *
(15) Aleutian tern (Onychoprion aleuticus).
* * * * *
(l) * * *
(2) Snowy owl (Bubo scandiacus).
Subpart D--Annual Regulations Governing Subsistence Harvest
0
4. Amend subpart D by adding Sec. 92.31 to read as follows:
Sec. 92.31 Region-specific regulations.
The 2016 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 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]3' 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.
[[Page 18788]]
(ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all
other birds.
(iii) Special Black Brant Hunting Opening: From June 20-July 5. The
open area consists of the coastline, from mean high water line outward
to include open water, from Nokotlek Point east to longitude line
158[deg]30' W. This includes Peard Bay, Kugrua Bay, and Wainwright
Inlet, but not the Kuk and Kugrua river drainages.
(2) Northern Unit (At Peard Bay, everything east of the longitude
line 158[deg]30' W. and north of the latitude line 70[deg]45' N. to
west bank of the Ikpikpuk River, and everything north of the latitude
line 69[deg]45' N. between the west bank of the Ikpikpuk River to the
east bank of Sagavinirktok River):
(i) Season: April 2-June 6 and July 7-August 31 for king and common
eiders; April 2-June 15 and July 16-August 31 for all other birds.
(ii) Closure: June 7-July 6 for king and common eiders; June 16-
July 15 for all other birds.
(3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
(i) Season: April 2-June 19 and July 20-August 31.
(ii) Closure: June 20-July 19.
(4) All Units: Yellow-billed loons. Annually, up to 20 yellow-
billed loons total for the region inadvertently entangled in
subsistence fishing nets in the North Slope Region may be kept for
subsistence use.
(5) North Coastal Zone (Cape Thompson north to Point Hope and east
along the Arctic Ocean coastline around Point Barrow to Ross Point,
including Iko Bay, and 5 miles inland).
(i) No person may at any time, by any means, or in any manner,
possess or have in custody any migratory bird or part thereof, taken in
violation of subparts C and D of this part.
(ii) Upon request from a Service law enforcement officer, hunters
taking, attempting to take, or transporting migratory birds taken
during the subsistence harvest season must present them to the officer
for species identification.
(h) Interior Region. (1) Season: April 2-June 14 and July 16-August
31; egg gathering May 1-June 14 only.
(2) Closure: June 15-July 15.
(i) Upper Copper River Region (Harvest Area: Game Management Units
11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper
Center, Gakona, Mentasta Lake, Chistochina and Cantwell).
(1) Season: April 15-May 26 and June 27-August 31.
(2) Closure: May 27-June 26.
(3) The Copper River Basin communities listed above also documented
traditional use harvesting birds in Game Management Unit 12, making
them eligible to hunt in this unit using the seasons specified in
paragraph (h) of this section.
(j) Gulf of Alaska Region. (1) Prince William Sound Area West
(Harvest area: Game Management Unit 6[D]), (Eligible Chugach
communities: Chenega Bay, Tatitlek):
(i) Season: April 2-May 31 and July 1-August 31.
(ii) Closure: June 1-30.
(2) Prince William Sound Area East (Harvest area: Game Management
Units 6[B] and [C]--Barrier Islands between Strawberry Channel and
Softtuk Bar), (Eligible Chugach communities: Cordova):
(i) Season: April 2-April 30 (hunting); May 1-May 31 (gull egg
gathering).
(ii) Closure: May 1-August 31 (hunting); April 2-30 and June 1-
August 31 (gull egg gathering).
(iii) Species Open for Hunting: Greater white-fronted goose; snow
goose; gadwall; Eurasian and American wigeon; blue-winged and green-
winged teal; mallard; northern shoveler; northern pintail; canvasback;
redhead; ring-necked duck; greater and lesser scaup; king and common
eider; harlequin duck; surf, white-winged, and black scoter; long-
tailed duck; bufflehead; common and Barrow's goldeneye; hooded, common,
and red-breasted merganser; and sandhill crane. Species open for egg
gathering: glaucous-winged, herring, and mew gulls.
(iv) Use of Boats/All-Terrain Vehicles: No hunting from motorized
vehicles or any form of watercraft.
(v) Special Registration: All hunters or egg gatherers must possess
an annual permit, which is available from the Cordova offices of the
Native Village of Eyak and the U.S. Forest Service.
(3) Kachemak Bay Area (Harvest area: Game Management Unit 15[C]
South of a line connecting the tip of Homer Spit to the mouth of Fox
River) (Eligible Chugach Communities: Port Graham, Nanwalek):
(i) Season: April 2-May 31 and July 1-August 31.
(ii) Closure: June 1-30.
(k) Cook Inlet (Harvest area: portions of Game Management Unit
16[B] as specified below) (Eligible communities: Tyonek only):
(1) Season: April 2-May 31--That portion of Game Management Unit
16(B) south of the Skwentna River and west of the Yentna River, and
August 1-31--That portion of Game Management Unit 16(B) south of the
Beluga River, Beluga Lake, and the Triumvirate Glacier.
(2) Closure: June 1-July 31.
(l) Southeast Alaska. (1) Community of Hoonah (Harvest area:
National Forest lands in Icy Strait and Cross Sound, including Middle
Pass Rock near the Inian Islands, Table Rock in Cross Sound, and other
traditional locations on the coast of Yakobi Island. The land and
waters of Glacier Bay National Park remain closed to all subsistence
harvesting (50 CFR part 100.3(a)):
(i) Season: Glaucous-winged gull egg gathering only: May 15-June
30.
(ii) Closure: July 1-August 31.
(2) Communities of Craig and Hydaburg (Harvest area: Small islands
and adjacent shoreline of western Prince of Wales Island from Point
Baker to Cape Chacon, but also including Coronation and Warren
islands):
(i) Season: Glaucous-winged gull egg gathering only: May 15-June
30.
(ii) Closure: July 1-August 31.
(3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point
Riou), and coastal lands and islands bordering the Gulf of Alaska from
Point Manby southeast to and including Dry Bay):
(i) Season: glaucous-winged gull egg gathering: May 15-June 30.
(ii) Closure: July 1-August 31.
0
5. 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: March 21, 2016.
Karen Hyun,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-07398 Filed 3-31-16; 8:45 am]
BILLING CODE 4333-15-P