[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Proposed Rules]
[Pages 14232-14236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05251]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2021-0172; FXMB12610700000-201-FF07M01000]
RIN 1018 BF65
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2022 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS), are
proposing changes to the migratory bird subsistence harvest regulations
in Alaska. These regulations allow for the continuation of customary
and traditional subsistence uses of migratory birds in Alaska and
prescribe regional information on when and where the harvesting of
birds may occur. These regulations were developed under a co-management
process involving the Service, the Alaska Department of Fish and Game,
and Alaska Native representatives. The proposed changes would update
the regulations to incorporate revisions requested by these partners.
DATES: We will accept comments received or postmarked on or before
April 13, 2022.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R7-
MB-2021-0172.
U.S. Mail: Public Comments Processing, Attn: FWS-R7-MB-
2021-0172, U.S. Fish and Wildlife Service, MS: JAO/3W, 5275 Leesburg
Place, Falls Church, VA 22041 3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comment Procedures section, below, for more
information).
FOR FURTHER INFORMATION CONTACT: Eric J. Taylor, U.S. Fish and Wildlife
Service, 1011 E Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
903 7210.
SUPPLEMENTARY INFORMATION:
Public Comment Procedures
To ensure that any action resulting from this proposed rule will be
as accurate and as effective as possible, we request that you send
relevant information for our consideration. The comments that will be
most useful and likely to influence our decisions are those that you
support by quantitative information or studies and those that include
citations to, and analyses of, the applicable laws and regulations.
Please make your comments as specific as possible and explain the basis
for them. In addition, please include sufficient information with your
comments to allow us to authenticate any scientific or commercial data
you include.
You must submit your comments and materials concerning this
proposed rule by one of the methods listed above in ADDRESSES. We will
not accept comments sent by email or fax or to an address not listed in
ADDRESSES. If you submit a comment via https://www.regulations.gov,
your entire comment--including any personal identifying information,
such as your address, telephone number, or email address--will be
posted on the website. When you submit a comment, the system receives
it immediately. However, the comment will not be publicly viewable
until we post it, which might not occur until several days after
submission.
If you mail a hardcopy comment directly to us that includes
personal information, you may request at the top of your document that
we withhold this information from public review. However, we cannot
guarantee that we will be able to do so. All comments and materials we
receive will be available for public inspection via https://www.regulations.gov. Search for FWS-R7-MB-2021-0172, which is the
docket number for this rulemaking.
Background
The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.)
was enacted to conserve certain species of migratory birds and gives
the Secretary of the Interior the authority to regulate the harvest of
these birds. The law further authorizes the Secretary to issue
regulations to ensure that the indigenous inhabitants of the State of
Alaska may take migratory birds and collect their eggs for nutritional
and other essential needs during seasons established by the Secretary
so as to provide for the preservation and maintenance of stocks of
migratory birds (16 U.S.C. 712(1)).
The take of migratory birds for subsistence uses in Alaska occurs
during the spring and summer, during which timeframe when the annual
fall/winter harvest of migratory birds is not allowed. Regulations
governing the subsistence harvest of migratory birds in Alaska are
located in title 50 of the Code of Federal Regulations (CFR) in part
92.
[[Page 14233]]
These regulations allow for the continuation of customary and
traditional subsistence uses of migratory birds and prescribe regional
information on when and where the harvesting of birds in Alaska may
occur.
The migratory bird subsistence harvest regulations are developed
cooperatively. The Alaska Migratory Bird Co-Management Council (Council
or AMBCC) consists of the U.S. Fish and Wildlife Service, the Alaska
Department of Fish and Game (ADFG), and representatives of Alaska's
Native population. The Council's primary purpose is to develop
recommendations pertaining to the subsistence harvest of migratory
birds.
The Council generally holds an annual spring meeting to develop
recommendations for migratory bird subsistence-harvest regulations in
Alaska that would take effect in the spring of the next year. In 2021,
the in-person spring meeting did not occur due to the coronavirus
pandemic. Instead, the Council met virtually via teleconference on
April 5, 2021, to approve subsistence harvest regulations that would
take effect during the 2022 harvest season. The Council's
recommendations were presented to the Pacific Flyway Council for review
and subsequent submission to the Service Regulations Committee (SRC)
for approval at the SRC meeting on September 28 and 29, 2021.
Proposed Revisions to the Regulations
Per the collaborative process described above, this document
proposes the following revisions to the regulations for the taking of
migratory birds for subsistence uses in Alaska during the spring and
summer.
Proposed Revisions to Subpart A
In part 92, subpart A (general provisions), we propose to clarify
the regulations defining excluded areas, which are those areas that are
closed to subsistence harvest.
First, we propose revisions to clarify that subsistence hunters
whose communities petitioned successfully to be added to the list of
included areas appearing at 50 CFR 92.5(a)(2) may harvest migratory
birds within the entirety of the subsistence harvest areas designated
for their community, including portions of harvest areas that occur
within designated excluded areas.
For example, portions of the subsistence harvest areas selected by
communities in the Upper Copper River Region listed as eligible under
50 CFR 92.5(a)(2)(i) occur within the Matanuska-Susitna Borough, an
excluded area that is otherwise closed to harvest (50 CFR 92.5(b)(2)).
The regulations do not specify that these portions of designated
harvest areas that occur in excluded areas are, in fact, open to
subsistence hunting. To address this issue, we propose to amend 50 CFR
92.5(b) to make an exception to harvest closures in those portions of
excluded areas that fall within subsistence harvest areas designated
for specific communities that petitioned to be listed as eligible for
participation in the spring-summer subsistence hunt (50 CFR
92.5(a)(2)).
This exception would not apply to subsistence harvest areas that
have been generally designated for regions (e.g., Bering Strait Norton
Sound Region) or subregions (e.g., Bering Strait Norton Sound Stebbins/
St. Michael Area) listed as included areas at 50 CFR 92.5(a).
Second, to clarify the boundaries of areas that are closed to
subsistence harvest, we propose to address an apparent inconsistency in
some terms used in part 92. The regulations governing subsistence
harvest of migratory birds were set forth August 16, 2002 (67 FR
53511). That rule defined the term ``village'' at 50 CFR 92.4 and also
set forth provisions regarding areas that are excluded from eligibility
to participate in the subsistence harvest of migratory birds. Under 50
CFR 92.5(b)(2), excluded areas include ``[v]illage areas'' located in
Anchorage, the Matanuska-Susitna Borough, the Kenai Peninsula roaded
area, the Gulf of Alaska roaded area, Southeast Alaska, and the Central
Interior Excluded Area. The definition of ``village'' at 50 CFR 92.4
and use of the term ``village areas'' at 50 CFR 92.5(b)(2) to describe
excluded areas has created confusion in determining the boundaries of
closed areas. We never intended for the excluded areas set forth at 50
CFR 92.5(b)(2) to be only those portions of those areas that meet the
definition of ``village'' at 50 CFR 92.4. Therefore, we propose to
remove the term ``village areas'' from 50 CFR 92.5(b)(2) to clarify
that excluded areas are closed to harvest in their entirety, except
those portions that occur within a harvest area that has been
designated for a specific community.
Third, we would clarify the language defining boundaries of the
excluded areas of the Kenai Peninsula roaded area and the Gulf of
Alaska roaded area. The geographic boundaries of the Kenai Peninsula
roaded area and the Gulf of Alaska roaded area are undefined in the
regulations, making the development of usable hunt maps imprecise and
ambiguous. The proposed changes to the regulations would allow
publication of maps that are accurate and reproducible into the future
and interpretable by subsistence hunters and law enforcement officials.
Finally, we are including in this proposed rule a needed
correction. The Chugach Community of Cordova should have been included
in the list of included areas for the Gulf of Alaska region in subpart
A following Council action in 2014. The omission of this community from
the regulations was the result of an inadvertent oversight. The Chugach
Community of Cordova does appropriately appear in the regulations for
eligible subsistence-harvest areas in 50 CFR 92.31(j)(2). Therefore, we
are proposing to add the Chugach Community of Cordova to the current
list of included areas in 50 CFR 92.5(a)(2)(ii).
These proposed revisions to the regulations in subpart A are not
anticipated to result in a significant increase in harvest of birds and
eggs because spring and summer subsistence practices likely occur in
these areas at the present time.
Proposed Revisions to Subpart D
In 50 CFR 92.31, we propose to clarify the designated harvest area
boundaries for the communities of Port Graham and Nanwalek in the Gulf
of Alaska Region and for the community of Tyonek in the Cook Inlet
Region. Current harvest area definitions in the regulations for these
communities are incomplete (that is, they do not describe a complete
polygon), and only partially define the boundaries of the harvest
areas. The proposed revisions would allow publication of maps that are
accurate and reproducible into the future and provide a clear
definition of the harvest areas designated for the communities that
subsistence hunters and law enforcement officials can interpret and
follow in the field.
Compliance With the MBTA and the Endangered Species Act
The Service has dual objectives and responsibilities for
authorizing a subsistence harvest while protecting migratory birds and
threatened species. Although these objectives continue to be
challenging, they are not irreconcilable, provided that: (1)
Regulations continue to protect threatened species, (2) measures to
address documented threats are implemented, and (3) the subsistence
community and other conservation partners commit to working together.
Mortality, sickness, and poisoning from lead exposure have been
documented in many waterfowl species, including threatened spectacled
eiders (Somateria fischeri) and the Alaska-
[[Page 14234]]
breeding population of Steller's eiders (Polysticta stelleri). While
lead shot has been banned nationally for waterfowl hunting since 1991,
Service staff have documented the availability of lead shot in
waterfowl rounds for sale in communities on the Yukon-Kuskokwim Delta
and North Slope. The Service will work with partners to increase our
education, outreach, and enforcement efforts to ensure that subsistence
waterfowl hunting is conducted using nontoxic shot.
Conservation Under the MBTA
We have monitored subsistence harvest for the past 25 years through
the use of household surveys in the most heavily used subsistence
harvest areas, such as the Yukon-Kuskokwim Delta. Based on our
monitoring of the migratory bird species and populations taken for
subsistence, we find that this rule will provide for the preservation
and maintenance of migratory bird stocks as required by the MBTA.
Communication and coordination between the Service, the AMBCC, and the
Pacific Flyway Council have allowed us to set harvest regulations to
ensure the long-term viability of the migratory bird stocks.
Endangered Species Act Consideration
Spectacled eiders and the Alaska-breeding population of Steller's
eiders are listed as threatened species under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Their migration
and breeding distribution overlap with areas where the spring and
summer subsistence migratory bird hunt is open in Alaska. Neither
species is included in the list of subsistence migratory bird species
at 50 CFR 92.22; therefore, both species are closed to subsistence
harvest. Under 50 CFR 92.21 and 92.32, the Service may implement
emergency closures, if necessary, to protect Steller's eiders or any
other endangered or threatened species or migratory bird population.
Section 7 of the ESA requires the Secretary of the Interior to
review other programs administered by the Department of the Interior
and utilize such programs in furtherance of the purposes of the ESA.
The Secretary is further required to insure that any action authorized,
funded, or carried out by the Department of the Interior is not likely
to jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of critical habitat.
The Service's Alaska Region Migratory Bird Management Program is
conducting an intra-agency consultation with the Service's Fairbanks
Fish and Wildlife Field Office on this proposed rule. A biological
opinion will be updated based on new information to ensure this
rulemaking action is not likely to jeopardize the continued existence
of endangered or threatened species or result in the destruction or
adverse modification of designated critical habitat. Therefore, we
expect this rule will comply with the ESA.
Comment Period
Implementation of the Service's 2013 Supplemental Environmental
Impact Statement (SEIS) on the hunting of migratory birds resulted in
changes to the overall timing of the annual regulatory schedule for the
establishment of migratory bird hunting regulations and the Alaska
migratory bird subsistence harvest regulations. The programmatic
document, ``Second Final Supplemental Environmental Impact Statement:
Issuance of Annual Regulations Permitting the Hunting of Migratory
Birds (SEIS 20130139),'' filed with the Environmental Protection Agency
(EPA) on May 24, 2013, addresses compliance with the National
Environmental Policy Act by the Service for issuance of the annual
framework regulations for hunting of migratory game bird species. We
published a notice of availability of the SEIS in the Federal Register
on May 31, 2013 (78 FR 32686), and our Record of Decision on July 26,
2013 (78 FR 45376).
The 2013 SEIS moved the annual SRC meeting from July to October,
and this procedural change has greatly shortened our period each year
to publish the proposed regulations and solicit comments. We are
further bounded by a subsistence harvest start date of April 2, 2022.
Thus, we have established a 30-day comment period for this proposed
rule (see DATES, above), and we will be conducting Tribal consultations
within Alaska simultaneously. We believe a 30-day comment period gives
the public adequate time to provide meaningful comments.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this proposed rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that, if adopted as
proposed, this proposed rule will not have a significant economic
impact on a substantial number of small entities as defined under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A regulatory
flexibility analysis is not required. Accordingly, a small entity
compliance guide is not required. This proposed rule would legalize a
preexisting subsistence activity, and the resources harvested will be
consumed.
Small Business Regulatory Enforcement Fairness Act
This proposed rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. This proposed rule:
(a) Would not have an annual effect on the economy of $100 million
or more. It 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 rule are migratory birds. This
proposed rule deals with legalizing the subsistence harvest of
migratory birds and, as such, does not involve commodities traded in
the marketplace. A small economic benefit from this rule 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 proposed rule would lead to a disproportionate distribution
of benefits.
(b) Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This proposed rule does not deal with
traded commodities and, therefore, would not have an impact on prices
for consumers.
[[Page 14235]]
(c) Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
proposed rule deals with the harvesting of wildlife for personal
consumption. It would not regulate the marketplace in any way to
generate substantial effects on the economy or the ability of
businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this rule would not impose a cost of
$100 million or more in any given year on local, State, or Tribal
governments or private entities. The proposed rule would not have a
significant or unique effect on local, State, or Tribal governments or
the private sector. A statement containing the information required by
the Unfunded Mandates Reform Act is not required. Participation on
regional management bodies and the Council requires travel expenses for
some Alaska Native organizations and local governments. In addition,
they assume some expenses related to coordinating involvement of
village councils in the regulatory process. Total coordination and
travel expenses for all Alaska Native organizations are estimated to be
less than $300,000 per year. In a notice of decision (65 FR 16405;
March 28, 2000), we identified 7 to 12 partner organizations (Alaska
Native nonprofits and local governments) to administer the regional
programs. The ADFG also incurs expenses for travel to Council and
regional management body meetings. In addition, the State of Alaska
would be required to provide technical staff support to each of the
regional management bodies and to the Council. Expenses for the State's
involvement may exceed $100,000 per year but should not exceed $150,000
per year. When funding permits, we make annual grant agreements
available to the partner organizations and the ADFG to help offset
their expenses.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this proposed rule
would not have significant takings implications. This proposed rule is
not specific to particular land ownership, but instead applies to the
harvesting of migratory bird resources throughout Alaska. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in Executive Order 13132, this proposed rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. We discuss
effects of this rule on the State of Alaska in the Unfunded Mandates
Reform Act section, above. We worked with the State of Alaska to
develop these proposed regulations. Therefore, a federalism summary
impact statement is not required.
Civil Justice Reform (Executive Order 12988)
The Department, in promulgating this proposed rule, has determined
that it would not unduly burden the judicial system and that it meets
the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Government-to-Government Relations With Native American Tribal
Governments
Consistent with Executive Order 13175 (65 FR 67249; November 9,
2000), ``Consultation and Coordination with Indian Tribal
Governments,'' and Department of the Interior policy on Consultation
with Indian Tribes (December 1, 2011), we will send letters via
electronic mail to all 229 Alaska federally recognized Indian Tribes.
Consistent with Congressional direction (Pub. L. 108-199, div. H, Sec.
161, Jan. 23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div.
H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also will send
letters to approximately 200 Alaska Native corporations and other
Tribal entities in Alaska soliciting their input as to whether or not
they would like the Service to consult with them on the 2022 migratory
bird subsistence harvest regulations.
We implemented the amended treaty with Canada with a focus on local
involvement. The treaty calls for the creation of management bodies to
ensure an effective and meaningful role for Alaska's indigenous
inhabitants in the conservation of migratory birds. According to the
Letter of Submittal, management bodies are to include Alaska Native,
Federal, and State of Alaska representatives as equals. They develop
recommendations for, among other things: Seasons and bag limits,
methods and means of take, law enforcement policies, population and
harvest monitoring, educational programs, research and use of
traditional knowledge, and habitat protection. The management bodies
involve village councils to the maximum extent possible in all aspects
of management. To ensure maximum input at the village level, we
required each of the 11 participating regions to create regional
management bodies consisting of at least one representative from the
participating villages. The regional management bodies meet twice
annually to review and/or submit proposals to the Statewide body.
Paperwork Reduction Act of 1995 (PRA)
This rule does not contain any new collection of information that
requires approval by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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. OMB has previously approved the information collection
requirements associated with subsistence harvest reporting and assigned
the following OMB control numbers:
Alaska Migratory Bird Subsistence Harvest Household
Survey, OMB Control Number 1018-0124 (expires 04/30/2024), and
Regulations for the Taking of Migratory Birds for
Subsistence Uses in Alaska, 50 CFR part 92, OMB Control Number 1018-
0178 (expires 04/30/2024).
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The annual regulations and options are considered in the January
2022 Environmental Assessment, ``Managing Migratory Bird Subsistence
Hunting in Alaska: Hunting Regulations for the 2022 Spring/Summer
Harvest.'' Copies are available from the person listed under FOR
FURTHER INFORMATION CONTACT or at https://www.regulations.gov.
Energy Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 requires agencies to prepare statements of
energy effects when undertaking certain actions. This is not a
significant regulatory action under this Executive Order; it allows
only for traditional subsistence harvest and improves conservation of
migratory birds by allowing effective regulation of this harvest.
Further, this proposed rule is not expected to significantly affect
energy supplies, distribution, or use. Therefore, this action is not a
significant energy action under Executive Order 13211, and a statement
of energy effects is not required.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
[[Page 14236]]
Proposed Regulation Promulgation
For the reasons set out in the preamble, we propose to amend 50 CFR
part 92 as set forth below:
PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA
0
1. The authority citation for part 92 continues to read as follows:
Authority: 16 U.S.C. 703-712.
0
2. Amend Sec. 92.5 by:
0
a. Revising paragraph (a)(2)(ii), the first full sentence of the
introductory text of paragraph (b), and paragraphs (b)(2) and (3); and
0
b. Adding paragraphs (b)(4) and (5).
The revisions and additions read as follows:
Sec. 92.5 Who is eligible to participate?
* * * * *
(a) * * *
(2) * * *
(ii) Gulf of Alaska Region--Chugach Community of Chenega, Chugach
Community of Cordova, Chugach Community of Nanwalek, Chugach Community
of Port Graham, and Chugach Community of Tatitlek.
* * * * *
(b) Excluded areas. Excluded areas are not subsistence harvest
areas and are closed to harvest, with the exception of any portion of
an excluded area that falls within a harvest area that has been
designated for a specific community under paragraph (a)(2) of this
section. * * *
* * * * *
(2) The Municipality of Anchorage, the Matanuska-Susitna Borough,
the Kenai Peninsula roaded area (as described in paragraph (b)(3) of
this section), the Gulf of Alaska roaded area (as described in
paragraph (b)(4) of this section), Southeast Alaska, and the Central
Interior Excluded Area (as described in paragraph (b)(5) of this
section) do not qualify for a spring and summer harvest.
(3) The Kenai Peninsula roaded area comprises the following: Game
Management Unit (Unit) 7, Unit 15(A), Unit 15(B), and that portion of
Unit 15(C) east and north of a line beginning at the northern boundary
of Unit 15(C) and mouth of the Kasilof River at 60[deg]23'19'' N;
151[deg]18'37'' W, extending south along the coastline of Cook Inlet to
Bluff Point (59[deg]40'00'' N), then south along longitude line
151[deg]41'48'' W to latitude 59[deg]35'56'' N, then east to the tip of
Homer Spit (excluding any land of the Homer Spit), then northeast to
the north bank of Fox River (59[deg]48'57'' N; 150[deg]58'44'' W), and
then east to the eastern boundary of Unit 15(C) at 150[deg]19'59'' W.
(4) The Gulf of Alaska roaded area comprises the incorporated city
boundaries of Valdez and Whittier, Alaska.
(5) The Central Interior Excluded Area comprises the following: The
Fairbanks North Star Borough and that portion of Unit 20(A) east of the
Wood River drainage and south of Rex Trail, including the upper Wood
River drainage south of its confluence with Chicken Creek; that portion
of Unit 20(C) east of Denali National Park north to Rock Creek and east
to Unit 20(A); and that portion of Unit 20(D) west of the Tanana River
between its confluence with the Johnson and Delta Rivers, west of the
east bank of the Johnson River, and north and west of the Volkmar
drainage, including the Goodpaster River drainage. The following
communities are within the Excluded Area: Delta Junction/Big Delta/Fort
Greely, McKinley Park/Village, Healy, Ferry, and all residents of the
formerly named Fairbanks North Star Borough Excluded Area.
* * * * *
0
3. Amend Sec. 92.31 by revising paragraphs (j)(3) and (k)(1) to read
as follows:
Sec. 92.31 Region-specific regulations.
* * * * *
(j) * * *
(3) Kachemak Bay Area (Harvest area: That portion of Game
Management Unit [Unit] 15[C] west and south of a line beginning at the
northern boundary of Unit 15[C] and mouth of the Kasilof River at
60[deg]23'19'' N; 151[deg]18'37'' W, extending south along the
coastline of Cook Inlet to Bluff Point [59[deg]40'00'' N], then south
along longitude line 151[deg]41'48'' W to latitude 59[deg]35'56'' N,
then east to the tip of Homer Spit [excluding any land of the Homer
Spit], then northeast to the north bank of the Fox River
[59[deg]48'57'' N; 150[deg]58'44'' W], and then east to the eastern
boundary of Unit 15[C] at 150[deg]19'59'' W) (Eligible Chugach
Communities: Port Graham, Nanwalek):
* * * * *
(k) * * *
(1) Season: April 2-May 31--That portion of Game Management Unit
16(B) west of the east bank of the Yentna River, south of the north
bank of the Skwentna River, and south of the north bank of Portage
Creek to the boundary of Game Management Unit 16(B) at Portage Pass;
and August 1-31--That portion of Game Management Unit 16(B) west of
longitude line 150[deg] 56' W, south of the north banks of the Beluga
River and Beluga Lake, then south of latitude line 61[deg]26'08'' N.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-05251 Filed 3-11-22; 8:45 am]
BILLING CODE 4333-15-P