[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Rules and Regulations]
[Page 18764-18773]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap10-6]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[FWS-R7-MB-2009-0082; 91200-1231-9BPP-L2]
RIN 1018-AW67
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2010 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) establishes
migratory bird subsistence harvest regulations in Alaska for the 2010
season. These regulations enable 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. This 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 go into effect April 13, 2010 and
expire August 31, 2010.
DATES: The amendments to subpart D of 50 CFR part 92 are effective
April 13, 2010, through August 31, 2010.
FOR FURTHER INFORMATION CONTACT: Fred Armstrong, (907) 786-3887, or
Donna Dewhurst, (907) 786-3499, U.S. Fish and Wildlife Service, 1011 E.
Tudor Road, Mail Stop 201, Anchorage, AK 99503.
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
2010. This rule lists 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 addressing conservation
issues can be found in the following Federal Register documents:
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Date Federal Register citation
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August 16, 2002........................ 67 FR 53511.
July 21, 2003.......................... 68 FR 43010.
April 2, 2004.......................... 69 FR 17318.
April 8, 2005.......................... 70 FR 18244.
February 28, 2006...................... 71 FR 10404.
April 11, 2007......................... 72 FR 18318.
March 14, 2008......................... 73 FR 13788.
May 19, 2009........................... 74 FR 23336.
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These documents, which are all final rules setting forth the annual
harvest regulations, are available at http://alaska.fws.gov/ambcc/
regulations.htm.
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) establishes
migratory bird subsistence harvest regulations in Alaska for the 2010
season. These regulations enable 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 2010 spring
and summer subsistence harvest of migratory birds in Alaska in a
proposed rule published in the Federal Register on April 10, 2009 (74
FR 16339). While that proposed rule dealt primarily with 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 2010 season. The
rulemaking processes for both types of migratory bird harvest are
related, and the April 10, 2009, proposed rule explained the connection
between the two.
The Alaska Migratory Bird Co-management Council (Co-management
Council) held a meeting in April 2009 to develop recommendations for
changes that would take effect during the 2010 harvest season. These
recommendations were presented first to the Flyway Councils and then to
the Service Regulations Committee at the committee's meeting on July 29
and 30, 2009.
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 subsistence
migratory bird harvest to about 13 percent of Alaska residents. High
populated 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,
[[Page 18765]]
Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port Graham,
Nanwalek, Tyonek, and Hoonah, with a combined population of 2,766. In
2005, we added three additional communities for glaucous-winged gull
egg gathering only, based on petitions requesting inclusion. These
southeastern communities were Craig, Hydaburg, and Yakutat, with a
combined population of 2,459.
In 2007, we 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. These removed communities reduced the percentage of the State
population included in the subsistence harvest to 13 percent.
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 annual 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 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 goals and responsibilities for authorizing a
subsistence harvest while protecting migratory birds and threatened
species. Although these goals continue to be challenging, they are not
irreconcilable, providing sufficient recognition is given to the need
to protect threatened species, measures to remedy documented threats
are implemented, and the subsistence community and other conservation
partners commit to working together. With these dual goals in mind, the
Service, working with 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 partnering with the Migratory
Bird Task Force; (2) continued enforcement of the migratory bird
regulations that are protective of listed eiders; and (3) in-season
Service verification of the harvest to detect Steller's eider
mortality.
This rule is focused on the North Slope from Barrow through Point
Hope because listed spectacled and Steller's eiders from the listed
Alaska breeding population, are known to breed and migrate there. These
regulations address several eider management needs by restricting
hunting to times of day with sufficient daylight to improve a hunter's
ability to distinguish between species and minimize shooting species
closed for harvest; clarifying for subsistence users that Service law
enforcement personnel have authority to verify species of birds
possessed by hunters; clarifying that it is illegal to possess any bird
closed to harvest; and describing how the Service's existing authority
of emergency closure would be implemented, if necessary, to protect
Steller's eiders. These regulations, implemented in accordance with
conservation measures, are considered the principal means by which the
threat from shooting mortality of threatened eiders will be reduced. In
addition, the emergency closure authority provides another level of
assurance if an unexpected amount of Steller's eider shooting mortality
occurs.
In-season, real-time harvest survey information obtained by the
local community is desirable at Point Hope, Point Lay, Wainwright, and
Barrow. The North Slope Borough has offered to assist with collection
of this information, including traveling to hunters in the field and
providing photo documentation of some portion of the harvest. In-season
harvest monitoring information will be used to independently evaluate
harvest survey reports, as well as evaluate the efficacy of
regulations, conservation measures, and outreach efforts.
On the North Slope in 2009, no Steller's eider harvest was
reported, and no Steller's eiders were found shot during in-season
verification of the subsistence harvest. Based on these successes, the
Service will continue the same regulations for the 2010 season. The
2009 conservation measures will also be continued, although there will
be some modification of the amount of effort and emphasis each will
receive. Specifically, as local communities develop greater
responsibility for taking actions to ensure Steller's and spectacled
eider conservation and recovery, and hunters demonstrate greater
compliance with hunting regulations, the Service's Office of Law
Enforcement plans to decrease its presence in Barrow.
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 last year, 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. If mortality of threatened eiders occurs, 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 and Kittlitz's Murrelet
Yellow-billed loon (Gavia adamsii) and Kittlitz's murrelet
(Brachyramphus brevirostris) are listed as candidate species for
Endangered Species Act Listing. Their migration and breeding
distribution overlaps with where the spring and summer migratory bird
hunt is open in Alaska. Both species are closed to hunting, and there
is no evidence Kittlitz's murrelets are harvested. On the other hand,
harvest surveys have indicated harvest of yellow-billed loons on the
North Slope and St. Lawrence Island. Some or all of the yellow-billed
loons reported harvested on the North Slope were found to be entangled
loons salvaged from subsistence fishing nets as described below. The
Service will continue outreach efforts in both areas in 2010, engaging
partners to improve harvest estimates and decrease 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 into 2010 the provisions originally
established in 2005 to allow subsistence use of yellow-
[[Page 18766]]
billed loons (Gavia adamsii) inadvertently entangled in subsistence
fishing (gill) nets on the North Slope. Yellow-billed loons are
culturally important for the Inupiat Eskimo of the North Slope for use
in traditional dance regalia. A maximum of 20 yellow-billed loons may
be caught in 2010 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. Individual reporting to the North Slope Borough Department
of Wildlife is required by the end of each season. However, the North
Slope Borough has asked fishermen, through announcements on the radio
and through personal contact, to report inadvertent entanglements of
loons as they occur, to better estimate the level of mortality caused
by gill nets. In 2008, the North Slope Borough reported that one
yellow-billed loon was found dead in a fishing net; one severely
injured yellow-billed loon was observed by Borough staff; and two were
released uninjured from fishing nets by Borough staff.
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 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 an
April 2, 2010, biological opinion that concluded the final rule and
conservation measures are not likely to jeopardize the continued
existence of Steller's eider, spectacled eider, yellow-billed loon, or
Kittlitz's murrelet, or result in the destruction or adverse
modification of designated critical habitat for Steller's eider or
spectacled eider.
What Is Different in the Region-Specific Regulations for 2010?
Aleutian and Arctic Terns
We are removing the provision that opened a season from May 15 to
June 30 for harvesting Aleutian (Onychoprion aleutica) and arctic tern
(Sterna paradisaea) eggs in the Yakutat Harvest area, from Icy Bay (Icy
Cape to Point Riou) and the coastal islands bordering the Gulf of
Alaska from Point Manby southeast to and including Dry Bay. The Yakutat
Tlingit Tribe requested that we remove this regulation at the April
2009 Co-Management Council meeting, stating that they will not be able
to adequately monitor the tern subsistence take as requested by the
Service, so they would prefer to withdraw the regulation at this time.
Summary of Public Involvement
On November 20, 2009, we published in the Federal Register a
proposed rule (74 FR 60228) to establish spring and summer migratory
bird subsistence harvest regulations in Alaska for the 2010 subsistence
season. The proposed rule provided for a public comment period of 60
days. 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. Additionally, all documents were available on http://
www.regulations.gov.
In mid-December 2009, we received a request to extend the public
comment period and hold a public hearing in Barrow, Alaska. Based on
this request, we held a public meeting to record public comments on the
proposed regulations on January 12, 2010, at the Inupiat Heritage
Center, 5421 North Star St., Barrow. We also reopened the public
comment period until February 18, 2010, by publishing a document in the
January 25, 2010, Federal Register (75 FR 3888). The public was
informed that if they had submitted comments previously, they did not
need to resubmit because we had already incorporated those comments
into the public record and would consider them in preparation of our
final determination. By the close of the second public comment period
on February 18, 2010, we received responses from 20 individuals and 2
organizations.
Response to Public Comments
General Comments
Comment: We received two general comments 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 recently 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, 16 U.S.C.
712(1), expressly allows the Service to issue regulations allowing such
hunting. See Statutory Authority section for more details.
One of the goals of the Protocol amending the Canada Treaty is to
allow a traditional subsistence hunt while also improving conservation
of migratory birds through effective regulation of this hunt. Although
the Protocol sanctions a traditional subsistence hunt, the Parties did
not intend to cause significant increases in the take of migratory
birds, relative to their continental population sizes. If at some point
the subsistence harvest regulations result in significantly increased
harvest, management strategies would be implemented to ensure
maintenance of continental populations.
Comment: Fourteen commenters explained the true value of
subsistence to their way of life on the North Slope --it includes both
providing essential food that is shared and preserves the age-old
customs and traditions associated with it.
Service Response: We respectfully acknowledge the importance of the
customs and traditions that go along with the subsistence way of life
in rural Alaska. The amendments to the Migratory Bird Treaties with
Canada and Mexico recognize the importance of maintaining the cultural
and traditional lifestyle of the indigenous inhabitants of Alaska.
Comment: One commenter requested that the public comment period be
extended.
Service Response: We reopened the public comment period until
February 18, 2010, by publishing a document in the January 25, 2010,
Federal Register (75 FR 3888). The public was informed that if they had
submitted comments previously, they did not need to resubmit those
comments because we had already incorporated them into the public
record and would consider them in preparation of our final
determination.
Comment: Twelve commenters expressed continued disappointment with
the duck stamp and license issue and that these requirements were
pushed upon them and were not cultural and traditional. One commenter
[[Page 18767]]
added that some of the elders in Barrows are afraid to go out bird
hunting because of the threat of getting a ticket for no license or
duck stamp. One commenter explained the difficulty of buying a State
hunting license, Federal duck stamp, and State duck stamp for
subsistence hunters on a limited income. Several commenters stated that
purchasing a license and stamps is a burden for a family on a fixed,
low income.
Service Response: The only way the requirement to possess a Federal
Migratory Bird Hunting and Conservation Stamp could be changed is
through a congressional modification of the Migratory Bird Hunting and
Conservation Stamp Act (16 U.S.C. 718 et seq.). Similarly, the
requirement for an Alaska hunting license and Waterfowl Conservation
Tag (duck stamp) is codified in Alaska's statutes and regulations and
can be changed only by the State legislature. There are a few
exemptions. Hunters under the age of 16 or 60 years or older and
qualified disabled veterans are not required to purchase licenses and
duck stamps to hunt. Residents who qualify for a $5.00 low income
license are not required to purchase a duck stamp.
The Subsistence Division (AS 16.05.340(17)(B)) of the Alaska
Department of Fish and Game (Department) has the responsibility to
evaluate the impact of State and Federal laws and regulations on
subsistence hunting and, when corrective action is indicated, make
recommendations to the Department, who in turn make recommendations to
the Alaska Board of Game regarding amendment and repeal of regulations
affecting subsistence hunting.
The Alaska Board of Game (AS 16.05.130(b)(2)-(4)) can establish
regulations to exempt the requirement to purchase a waterfowl
conservation tag (duck stamp) for waterfowl hunting in areas of the
State not likely to benefit from the following programs: (1) The
acquisition of wetlands important for waterfowl and public use of
waterfowl, (2) waterfowl related projects approved by the State
commissioner, and (3) the administration of the waterfowl conservation
program.
Comment: Two commenters noted that the Federal Register document
did not address Executive Order 13175, Government-to-Government
Relations, and should have.
Service Response: We did discuss Executive Order 13175 in the
November 20, 2009, proposed rule; see 74 FR 60232-60233. In that
discussion, we stated that because eligibility to hunt under these
regulations is not limited to tribal members, but rather extends to all
indigenous inhabitants of the subsistence harvest areas, we are not
required to engage in formal consultation with tribes. However, in
keeping with the spirit of the President's memorandum of April 29,
1994, ``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), and Executive Order 13175 (65 FR 67249;
November 6, 2000) and Memorandum on Tribal Consultations dated November
5, 2009, concerning consultation and coordination with Indian Tribal
Governments, we conducted a public hearing in Barrow, Alaska, for the
express purpose of gathering public comments on our November 20, 2009,
proposed rule (74 FR 60228). We also conducted local meetings with the
Migratory Bird Task Force, which is comprised of Alaska Native Tribes,
Alaska Native corporations, and Alaska Native nonprofit organizations,
to develop an outreach strategy for the coming spring and summer
season. The Service's Alaska Regional Director also traveled to Barrow
to meet with local leaders on the 2010 migratory bird regulations and
discuss how the local community could be involved in the conservation
of listed eiders.
Comment: One commenter requested the Service to consider, under
Executive Order 12898 on environmental justice, the impacts of the
regulations on the Inupiat subsistence lifestyle, because neither the
proposed November 20, 2009, proposed rule (74 FR 60228) nor the
environmental assessment on which they are based cite the order.
Service Response: The Service, working with the Co-management
Council, already complies with Section 4-401 of this Executive Order,
by annually collecting and publishing subsistence harvest data;
however, the Service does not have the responsibility to evaluate any
potential health risks associated with the consumption of
environmentally contaminated wild foods. We have notified the public in
our regulations of the risks associated with the potential presence of
highly pathogenic H5N1 bird flu in the migratory birds being taken and
consumed. The implication from the question appears to be more focused
on the additional 2009 regulations imposed on 4 North Slope Inupiat
communities within the North Coastal Zone. Our regulations at 50 CFR
92.31(g)(5)(i), which establish shooting hours, have the potential to
safeguard human health and safety by preventing the use of firearms
when light levels are inadequate to ensure safe practices. The other
two regulations under this section pertain more to law enforcement with
no applicability to human health.
Comment: One commenter expressed concern that the growing numbers
of bird watchers in the Barrow area causing disturbance and affecting
bird movement, and that the birdwatchers are there for pleasure, while
subsistence is a lifestyle.
Service Response: The Gasline/Cakeeater and Freshwater Lake roads
are primarily located on Native owned or privately owned lands and use
is managed by the Ukpeagvik Inupiat Corporation, which does restrict
use by commercial birdwatching tours and professional photographers by
requiring permits.
Comment: One commenter expressed that we should remove spectacled
eiders from the list of threatened species, because the population
surveys the commenter had read stated that there were plenty of these
birds worldwide, and that only a small percentage migrate along the
North Slope. The commenter stated that any subsistence take should be
allowed.
Service Response: We intend to re-evaluate the species' status
rangewide this year during a ``5-year review'' that we are conducting
on spectacled eiders. One result of this review will be to consider
whether recent changes in the species' status warrant reconsideration
of its protection under the Endangered Species Act. It should be noted,
however, that standardized aerial surveys indicate a decline in the
number of spectacled eiders nesting on the North Slope.
Comment: One commenter brought up that, under the Small Business
Regulatory Enforcement Fairness Act, the proposed rule stated that this
action will not have an annual effect on the economy, but the commenter
felt the North Slope regulations would negatively affect their
subsistence economy.
Service Response: The Small Business Regulatory Enforcement
Fairness Act, 5 U.S.C. 804(2), addresses potential annual effects on
the economy of $100 million or more, which is well beyond the scope of
the action contained in this Federal Register document.
Comment: One commenter was concerned that under the Unfunded
Mandates Reform Act, participation on regional management bodies and
the Co-management Council requires travel expenses for some Alaska
Native organizations and local governments, but that the local tribal
governments have not been paid to participate.
Service Response: As part of the Co-management Council, regional
groups were formed to provide for local village
[[Page 18768]]
and tribal representation. Grants are annually provided by the Service
for each regional representative and their sponsoring organization to
fund travel for village representatives to attend regional meetings
twice a year.
Law Enforcement
Comment: Six commenters said that the extra law enforcement
presence in Barrow created extra tension in the community. Several
commenters stated that subsistence hunters in Barrow have been impacted
because of the presence of law enforcement. Another commenter said that
the additional law enforcement intimidated some people from going
hunting. Another commenter suggested we use local people, the city
council, and the local Native government to enforce regulations.
Service Response: For several years, the Service's Office of Law
Enforcement and Divisions of Endangered Species and Migratory Bird
Management have worked with many groups and individuals in the greater
North Slope area and Barrow specifically to provide information on the
regulatory requirements and enforcement of the regulations. Our
approach has focused on significant outreach efforts, including public
meetings, radio talk show opportunities, posted fliers, and brochures
followed by a phased-in, increased reliance on enforcement actions. The
Service and its partners have conducted outreach over the past couple
of years to increase hunter awareness. We expect hunter compliance with
the regulations and thus do not plan on having a continuous presence in
Barrow this season.
Who Is Eligible To Hunt Under These Regulations?
Comment: One commenter questioned what the purpose was of adding
the communities of Gulkana, Tazlina, Copper Center, Mentasta Lake, and
the rest. The commenter questioned whether or not they hunt birds
there.
Service Response: In 2003, the interior Alaska communities in
question submitted petitions for inclusion in the subsistence migratory
bird. Part of the petitioning process is to show evidence of customary
and traditional use of the migratory bird resource. Upon review of
these petitions, the Co-management Council at its April and May 2003
meetings recommended that 13 additional communities be included,
starting in 2004, based on the five criteria set forth in 50 CFR
92.5(c). The Upper Copper River region included the communities of
Gulkana, Gakona, Tazlina, Copper Center, Mentasta Lake, Chitina, and
Chistochina, totaling 1,172 people.
Comments on Original Region-Specific Regulations
Comment: One commenter expressed concern about global warming and
how it is changing the timing of birds' departure, which causes
problems with having fixed dates in the regulations, specifically on
the North Slope.
Service Response: The Service has accommodated concerns about fixed
regulatory dates in the Yukon-Kuskokwim Delta region by allowing the
Regional Director or his designee to consult with field biologists and
the regional Native Representative group to announce different closure
dates each year. A similar request could be made for the North Slope
during the open proposal period of November 1 through December 15 of
each year.
Comment: Two commenters asked that the Service continue using the
provisions proposed in 50 CFR 92.31(g)(4) (originally established in
2005) to allow subsistence use of yellow-billed loons inadvertently
entangled in subsistence fishing nets on the North Slope.
Yellow-billed loons remain an important part of the Inupiaq
culture.
Service Response: We are retaining the yellow-billed loon provision
for the North Slope for 2010.
Comment: Two commenters expressed concerns regarding the special
brant harvest for the community of Wainwright. The commenter said that
the hunt should be extended from 16 days to a full month to allow for
variables in weather and brant migration patterns. Another commenter
requested that the Service consider the extent to which climate change
is already limiting this harvest and attempt to accommodate
Wainwright's request to change the special brant season.
Service Response: Proposals to change regional regulations are
accepted from November 1 through December 15 of each year. The Service
encourages the commenters to submit a proposal, working with their
regional representative, to address their concerns during the next open
proposal season.
Comment: Three commenters were concerned that the Service has not
defined criteria that would trigger emergency regulations (50 CFR
92.32). A definition of what constitutes an ``imminent threat'' to
Steller's eider conservation is not provided, nor is there any
indication of the geographic scale to which this imminent threat
applies. One commenter added that critical thresholds or imminent
threats should be determined in advance through consultation with the
Recovery Team and affected Co-management Council partner organizations.
One commenter added that there is no reliable way presented for
estimating how small numbers of inadvertently shot eiders would affect
the sustainability of the listed population.
Service Response: The Service has intentionally avoided identifying
specific thresholds for management actions, including possible closure
of the hunt, in order to preserve flexibility for decision makers.
Although the number of Steller's eiders known to be taken is one
indication of the actual threat, other information will be used to help
assess the threat and determine whether further management actions are
warranted. Information on the proportion of the hunters checked; degree
of cooperation with conservation measures by the hunting community as a
whole, circumstances surrounding the birds being shot; breeding status
of the species; and the individuals taken, date of take, and other
factors may all contribute to the assessment of the situation and
identification of appropriate measures in response. We believe
identifying specific thresholds would compromise the desire to balance
the dual objectives of supporting the hunt while adequately providing
for the conservation of Steller's eiders.
What Is Different in the Region-Specific Regulations for 2010?
Comment: One commenter stated that the final rule should note that
North Coastal Zone regulations did not originate from the Co-management
Council nor were they endorsed by the Co-management Council.
Service Response: The North Slope Borough requested that the
regulations go back to the published regulations for the 2008 season,
eliminating the three Steller's eider regulations instituted for the
2009 season. The Co-management Council recommended that we revert back
to the 2008 regulations because the MOU between the Service and the
North Slope partners was only enacted for 2009, and did not address
what to do for the 2010 subsistence season.
Comment: Three commenters requested that we remove the regulations
added to protect Steller's eiders for the North Slope in 2009. The
commenter explained that Steller's eiders are not a targeted species.
The commenter added a recommendation to remove the shooting hours and
any other provision that is not a customary and traditional practice.
Another commenter added a concern that the proposed regulations may not
be based on the best science, do not adequately
[[Page 18769]]
consider the health and customs of the Inupiat people, and may increase
(rather than reduce) the mortality rates of threatened eider species.
Service Response: The Service has dual goals and responsibilities
of authorizing a subsistence harvest while protecting migratory birds
and threatened species. Although these goals were and continue to be
challenging, they are not irreconcilable with sufficient recognition of
the need to protect threatened species, measures to remedy documented
threats, and commitment from the subsistence community and other
conservation partners to work together toward these dual goals. With
these dual goals in mind, the Service Regulations Committee decided to
continue the 2009 provisions that were designed to help protect
Steller's eiders during their summer presence on the North Slope.
Comment: One commenter challenged that there is little scientific
information on which the proposed regulations are based. Little is
known regarding the migratory route, winter habitat, and nesting range
of Steller's eiders, such that it is difficult to assess their actual
population status. As FWS stated during the January 12, 2010, hearing,
the recovery goal in terms of an ideal population number for Steller's
eiders has yet to be set. The regulations proposed for four villages on
the North Slope differ significantly from those proposed for the rest
of Alaska. Without science to justify this difference, the regulations
appear arbitrary.
Service Response: The Service's Migratory Bird Division has
conducted aerial surveys of the Arctic Coastal Plain annually since
1993 to monitor Steller's and spectacled eider populations. These
surveys, in addition to aerial surveys by Alaska Biological Research,
Inc. and ground searches by Service personnel near Barrow, provide an
index of population size and nesting range on the North Slope.
Furthermore, telemetry data from Steller's eider fitted with
transmitters in Barrow in 2000 and 2001 revealed migration corridors,
molting areas, and movements between wintering areas, which are also
surveyed aerially each spring by Service personnel. Given the best
available scientific information, the nesting range and migratory route
of Alaska breeding Steller's eider support the position that listed
Steller's eiders are vulnerable to harvest by subsistence hunters at
Point Hope, Point Lay, Wainwright, and Barrow.
Comment: One commenter said that it is difficult to understand why
the North Slope villages are subject to hunting hours, while Kivalina,
just 72 miles south of Point Hope, is not. The commenter added that at
the January 12, 2010, hearing, the Service explained that it assumed
that once the migratory birds move farther south, they mingle with the
Russian population. What study has the Service done showing that the
American and Russian populations mingle in the 72 miles between Point
Hope and Kivalina?
Service Response: The Service is implementing regulations to
protect the North American breeding population of Steller's eiders. The
mixing of North American and Russian/Siberian-breeding birds likely
changes in latitude and longitude as seasonal weather and land and sea
conditions change each year. We do not know exactly where this will
occur in 2010, as no definitive biological information on mixing rates
and locations exists at this time. To obtain that information with
current biological investigative techniques would require handling a
significant percentage of the fewer than 600 estimated North American
breeding birds, which in our estimation could negatively impact the
population and delay recovery. In balancing our dual goals of recovery
while providing hunting opportunities for the other species that are
open to harvest, we are attempting to minimize the impact of the
regulations to those areas in which we are confident the majority of
Steller's eiders encountered are North American breeding birds. We
believe the Steller's eiders around the four affected villages are
comprised of North American breeding birds, and therefore we are
applying and limiting the regulations specific to Steller's eider
conservation to those areas.
Comment: Two commenters oppose the North Slope regulation that
requires hunters to present any birds taken upon request by a Service
law enforcement officer. One commenter said they thought this activity
should require a search warrant. Another commenter opined that this
regulation has caused some hunters to reduce their activity because of
perceived intrusion.
Service Response: Our ability to monitor and verify the ongoing
harvest is an important component of the conservation strategy that we
developed in 2009 to enable us to issue the annual regulations to open
the subsistence harvest. This requirement enables our officers to
effectively verify harvest composition while contacting hunters in the
field.
Comment: One commenter stated 50 CFR 92.31(g)(5)(ii) would prohibit
hunters (and even non-Service biologists) from touching Steller's
eiders (whether dead or injured) under any circumstances. The commenter
further pointed out that aside from contravening Inupiaq culture, this
rule is detrimental to the Service's ability to monitor and investigate
eider deaths.
Service Response: The Service encourages those that find a dead
Steller's or Spectacled eider to immediately report the finding to
either Federal or State law enforcement. This regulation does not
prohibit the finder from covering the carcass to protect it from
scavengers, mark the location, or rescue an injured eider.
Comment: Ten commenters specifically opposed the prohibition
against hunting after sunset. One commenter said that brant fly lower
after sunset and are then easier for people in Wainwright to shoot.
Another commenter said that during the day it is harder to hunt and in
the evenings it is cooler, and that ducks fly more in the cooler hours.
Another commenter explained that shooting hours are not customary and
traditional and suggested that the Service look into traditional
knowledge relating to weather conditions and flight patterns before
imposing hunting hours. Two commenters also questioned the science
behind justifying the shooting hours restrictions.
Service Response: The Service is always receptive to the use of
traditional and ecological knowledge in addressing environmental
issues, and welcomes any local input that would aid in finding a
solution for Steller's eiders being mistakenly shot. We designed the
shooting hours restriction to eliminate hunting under poor visibility,
to improve species' identification, and to reduce the probability of
mistakenly shooting and crippling Steller's eiders. The Service
believes that bird identification prior to shooting is key to
preventing protected species from being accidentally taken during the
harvest.
The determination of shooting hours for the individual communities
used data provided by the Naval Meteorology and Oceanography Command
(NMOC). Tables illustrating civil twilight times by date and location
were used to determine the dates when shooting hour restrictions would
begin in August. These restrictions were initiated on the dates when
periods of ``complete darkness'' begin to occur. For consistency in
managing bird hunting, the beginning and ending times of shooting hours
in these subsistence regulations parallel those found in 50 CFR 20.102,
which applies for all migratory bird hunting on the North Slope after
September 1st of each year. These times are based on NMOC tables for
sunrise and sunset. The Service
[[Page 18770]]
acknowledges that weather conditions also add a degree of variability
in light conditions for shooting, but did not want to address this in
the spirit of keeping the regulation as simple as possible.
Comment: One commenter brought up the 5-mile boundary used in
delineating the North Coastal Zone. The commenter thought that it meant
no hunting within the zone and complained about that.
Service Response: The 5-mile boundary for the North Coastal Zone
applies only to the three regulations added in 2009, including
presentation of birds upon request; possession prohibition of any
illegally taken bird; and daylight-related shooting hours. Migratory
bird hunting is not otherwise restricted within that 5-mile zone.
Comment: One commenter opined that targeting the North Slope with
the special 2009 eider regulations was prejudiced, since those
regulations were not equally applied throughout the birds' flyway
range.
Service Response: We do consider and review the regulations
Statewide regarding species protected under the Endangered Species Act,
and all other federally authorized or funded activities. In the case of
the Steller's eider, the regulations apply during the subsistence
harvest, when the listed population of Steller's eiders are migrating
and breeding on the North Slope.
Comment: One commenter explained that they did not like how
Steller's eiders were shot in Barrow in 2008, but that the outlying
communities of Point Lay, Wainwright, and Point Hope should not have
been punished with additional regulations for what happened in Barrow.
Service Response: We have limited the Steller's eider specific
regulations to the villages in the geographic area used by migrating,
and possibly nesting, Alaska-breeding Steller's eiders (the listed
population). Although approximately 60% of the listed population is
thought to nest within 60 kilometers of Barrow, the four coastal
villages are included because the listed population migrates past all
those villages twice during the subsistence harvest. We would like to
know more about the actual risk to listed eiders from shooting in the
villages of Point Lay, Point Hope, and Wainwright and would welcome
collection of village-specific subsistence harvest information to
assist in setting future regulations.
Statutory Authority
We derive our authority to issue these regulations from the
Migratory Bird Treaty Act of 1918, 16 U.S.C. 712(1), which authorizes
the Secretary of the Interior, in accordance with the treaties with
Canada, Mexico, Japan, and Russia, to ``issue such regulations as may
be necessary to assure that the taking of migratory birds and the
collection of their eggs, by the indigenous inhabitants of the State of
Alaska, shall be permitted for their own nutritional and other
essential needs, as determined by the Secretary of the Interior, during
seasons established so as to provide for the preservation and
maintenance of stocks of migratory birds.''
Required Determinations
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866 (E.O. 12866). OMB bases its determination upon the
following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
The Department of the Interior certifies that 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.). An initial regulatory flexibility analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required. The rule
legalizes a pre-existing subsistence activity, and the resources
harvested will be consumed by the harvesters or persons within their
local community.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Will not have an annual effect on the economy of $100 million
or more. It will legalize and regulate a traditional subsistence
activity. It will not result in a substantial increase in subsistence
harvest or a significant change in harvesting patterns. The commodities
being regulated under this rule are migratory birds. This rule deals
with legalizing the subsistence harvest of migratory birds and, as
such, does not involve commodities traded in the marketplace. A small
economic benefit from this rule derives from the sale of equipment and
ammunition to carry out subsistence hunting. Most, if not all,
businesses that sell hunting equipment in rural Alaska would qualify as
small businesses. We have no reason to believe that this rule will lead
to a disproportionate distribution of benefits.
(b) Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule does not deal with traded
commodities and, therefore, does not have an impact on prices for
consumers.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rule deals with the harvesting of wildlife for personal consumption. It
does not regulate the marketplace in any way to generate effects on the
economy or the ability of businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on local, State, or tribal
governments or private entities. The 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 will require travel
expenses for some Alaska Native organizations and local governments. In
addition, they will assume some expenses related to coordinating
involvement of village councils in the regulatory process. Total
coordination and travel expenses for all Alaska Native organizations
are estimated to be less than $300,000 per year. In the Notice of
Decision (65 FR 16405; March 28, 2000), we identified 12 partner
organizations (Alaska Native nonprofits and local governments) to
administer the regional programs. The Alaska Department of Fish and
Game will also incur expenses for travel to Co-management Council and
regional management body meetings. In
[[Page 18771]]
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 rule does not
have significant takings implications. This 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 rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment. 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 regulations. Therefore, a
Federalism Assessment is not required.
Civil Justice Reform (Executive Order 12988)
The Department, in promulgating this rule, has determined that it
will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Government-to-Government Relations With Native American Tribal
Governments
Because eligibility to hunt under these regulations is not limited
to tribal members, but rather extends to all indigenous inhabitants of
the subsistence harvest areas, we are not required to engage in formal
consultation with tribes. However, in keeping with the spirit of the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations With Native American Tribal Governments'' (59 FR 22951), and
Executive Order 13175 (65 FR 67249; November 6, 2000), concerning
consultation and coordination with Indian Tribal Governments, we
conducted meetings with the affected tribes and tribal nonprofit
organizations to discuss the changes in the regulations and determine
possible effects on tribes or trust resources, and have determined that
there are no significant effects. The rule will legally recognize the
subsistence harvest of migratory birds and their eggs for indigenous
inhabitants including tribal members. In 1998, we began a public
involvement process to determine how to structure management bodies in
order to provide the most effective and efficient involvement of
subsistence users. We began by publishing in the Federal Register
stating that we intended to establish management bodies to implement
the spring and summer subsistence harvest (63 FR 49707, September 17,
1998). We held meetings with the Alaska Department of Fish and Game and
the Native Migratory Bird Working Group to provide information
regarding the amended treaties and to listen to the needs of
subsistence users. The Native Migratory Bird Working Group was a
consortium of Alaska Natives formed by the Rural Alaska Community
Action Program to represent Alaska Native subsistence hunters of
migratory birds during the treaty negotiations. We held forums in Nome,
Kotzebue, Fort Yukon, Allakaket, Naknek, Bethel, Dillingham, Barrow,
and Copper Center. We led additional briefings and discussions at the
annual meeting of the Association of Village Council Presidents in
Hooper Bay and for the Central Council of Tlingit & Haida Indian Tribes
in Juneau.
On March 28, 2000, we published in the Federal Register (65 FR
16405) the Notice of Decision entitled, ``Establishment of Management
Bodies in Alaska To Develop Recommendations Related to the Spring/
Summer Subsistence Harvest of Migratory Birds.'' This notice described
the way in which management bodies would be established and organized.
Based on the wide range of views expressed on the options document, the
decision incorporated key aspects of two of the modules. The decision
established one statewide management body consisting of 1 Federal
member, 1 State member, and 7-12 Alaska Native members, with all
components serving as equals.
Paperwork Reduction Act
This rule has been examined under the Paperwork Reduction Act of
1995 and does not contain any new collections of information that
require Office of Management and Budget approval. OMB has approved 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 March 31, 2010. An agency
may not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act Consideration
The annual regulations and options were considered in the
environmental assessment, ``Managing Migratory Bird Subsistence Hunting
in Alaska: Hunting Regulations for the 2010 Spring/Summer Harvest,''
October 9, 2009. 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 would improve
conservation of migratory birds by allowing effective regulation of
this harvest. Further, this 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 no
Statement of Energy Effects is required.
Administrative Procedure Act
The Administrative Procedure Act (5 U.S.C. 553(d)) requires an
agency to publish a final rule in most cases at least 30 days before
the rule is to become effective. The Act also allows publication less
than 30 days before the effective date if the agency finds that there
is a good cause for doing so. (5 U.S.C. 553(d)(3)) The Department of
the Interior finds that good cause exists for making this rule
effective upon publication because:
--This rule is necessary to allow continuation of customary and
traditional subsistence uses of migratory birds in Alaska; and
--Delaying publication of this rule would impose hardship upon those
who harvest migratory birds for subsistence use.
List of Subjects in 50 CFR Part 92
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Subsistence, Treaties, Wildlife.
0
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 18772]]
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. In subpart D, add Sec. 92.31 to read as follows:
Sec. 92.31 Region-specific regulations.
The 2010 season dates for the eligible subsistence harvest areas
are as follows:
(a) Aleutian/Pribilof Islands Region.
(1) Northern Unit (Pribilof Islands):
(i) Season: April 2-June 30.
(ii) Closure: July 1-August 31.
(2) Central Unit (Aleut Region's eastern boundary on the Alaska
Peninsula westward to and including Unalaska Island):
(i) Season: April 2-June 15 and July 16-August 31.
(ii) Closure: June 16-July 15.
(iii) Special Black Brant Season Closure: August 16-August 31, only
in Izembek and Moffet lagoons.
(iv) Special Tundra Swan Closure: All hunting and egg gathering
closed in units 9(D) and 10.
(3) Western Unit (Umnak Island west to and including Attu Island):
(i) Season: April 2-July 15 and August 16-August 31.
(ii) Closure: July 16-August 15.
(b) Yukon/Kuskokwim Delta Region.
(1) Season: April 2-August 31.
(2) Closure: 30-day closure dates to be announced by the Service's
Alaska Regional Director or his designee, after consultation with local
subsistence users, field biologists, and the Association of Village
Council President's Waterfowl Conservation Committee. This 30-day
period will occur between June 1 and August 15 of each year. A press
release announcing the actual closure dates will be forwarded to
regional newspapers and radio and television stations and posted in
village post offices and stores.
(3) Special Black Brant and Cackling Goose Season Hunting Closure:
From the period when egg laying begins until young birds are fledged.
Closure dates to be announced by the Service's Alaska Regional Director
or his designee, after consultation with field biologists and the
Association of Village Council President's Waterfowl Conservation
Committee. A press release announcing the actual closure dates will be
forwarded to regional newspapers and radio and television stations and
posted in village post offices and stores.
(c) Bristol Bay Region.
(1) Season: April 2-June 14 and July 16-August 31 (general season);
April 2-July 15 for seabird egg gathering only.
(2) Closure: June 15-July 15 (general season); July 16-August 31
(seabird egg gathering).
(d) Bering Strait/Norton Sound Region.
(1) Stebbins/St. Michael Area (Point Romanof to Canal Point):
(i) Season: April 15-June 14 and July 16-August 31.
(ii) Closure: June 15-July 15.
(2) Remainder of the region:
(i) Season: April 2-June 14 and July 16-August 31 for waterfowl;
April 2-July 19 and August 21-August 31 for all other birds.
(ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for
all other birds.
(e) Kodiak Archipelago Region, except for the Kodiak Island roaded
area, 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 Larson Bay. Waters adjacent to
the closed area are closed to harvest within 500 feet from the water's
edge. The offshore islands are open to harvest.
(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[min] N between the west bank of the Ikpikpuk River to the
east bank of Sagavinirktok River):
(i) Season: April 2-June 29 and July 30-August 31 for seabirds;
April 2-June 19 and July 20-August 31 for all other birds.
(ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all
other birds.
(iii) Special Black Brant Hunting Opening: From June 20-July 5. The
open area would consist of the coastline, from mean high water line
outward to include open water, from Nokotlek Point east to longitude
line 158[deg]30[min] 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[min] W and north of the latitude line 70[deg]45[min] N
to west bank of the Ikpikpuk River, and everything north of the
latitude line 69[deg]45[min] N between the west bank of the Ikpikpuk
River to the east bank of Sagavinirktok River):
(i) Season: April 6-June 6 and July 7-August 31 for king and common
eiders; April 2-June 15 and July 16-August 31 for all other birds.
(ii) Closure: June 7-July 6 for king and common eiders; June 16-
July 15 for all other birds.
(3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
(i) Season: April 2-June 19 and July 20-August 31.
(ii) Closure: June 20-July 19.
(4) All Units: Yellow-billed loons. Annually, up to 20 yellow-
billed loons total for the region may be inadvertently entangled in
subsistence fishing nets in the North Slope Region and kept for
subsistence use. Individuals must report each yellow-billed loon
inadvertently entangled while subsistence gill net fishing to the North
Slope Borough Department of Wildlife Management by the end of the
season.
(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) Migratory bird hunting is permitted from one-half hour before
sunrise until sunset, during August.
(ii) 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.
(iii) 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.
[[Page 18773]]
(2) Closure: June 15-July 15.
(i) Upper Copper River Region (Harvest Area: 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 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 (Harvest area: Unit 6 [D]), (Eligible
Chugach communities: Chenega Bay, Tatitlek).
(i) Season: April 2-May 31 and July 1-August 31.
(ii) Closure: June 1-30.
(2) Kachemak Bay Area (Harvest area: Unit 15[C] South of a line
connecting the tip of Homer Spit to the mouth of Fox River) (Eligible
Chugach Communities: Port Graham, Nanwalek).
(i) Season: April 2-May 31 and July 1-August 31.
(ii) Closure: June 1-30.
(k) Cook Inlet (Harvest area: Portions of Unit 16[B] as specified
below) (Eligible communities: Tyonek only).
(1) Season: April 2-May 31--That portion of Unit 16(B) south of the
Skwentna River and west of the Yentna River, and August 1-31--That
portion of Unit 16(B) south of the Beluga River, Beluga Lake, and the
Triumvirate Glacier.
(2) Closure: June 1-July 31.
(l) Southeast Alaska.
(1) Community of Hoonah (Harvest area: National Forest lands in Icy
Strait and Cross Sound, including Middle Pass Rock near the Inian
Islands, Table Rock in Cross Sound, and other traditional locations on
the coast of Yakobi Island. The land and waters of Glacier Bay National
Park remain closed to all subsistence harvesting (50 CFR 100.3(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 Dry Bay).
(i) Season: Glaucous-winged gull egg gathering: May 15-June 30.
(ii) Closure: July 1-August 31.
0
3. In subpart D, add 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 State-wide 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: April 1, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-8382 Filed 4-12-10; 8:45 am]
BILLING CODE 4310-55-P