[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Proposed Rules]
[Pages 58731-58738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23313]
[[Page 58731]]
Vol. 77
Friday,
No. 184
September 21, 2012
Part VI
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 92
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for
Migratory Birds in Alaska During the 2013 Season; Proposed Rule
Federal Register / Vol. 77 , No. 184 / Friday, September 21, 2012 /
Proposed Rules
[[Page 58732]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2012-0066; FF09M21200-123-FXMB1231099BPP0L2]
RIN 1018-AY70
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2013 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes
migratory bird subsistence harvest regulations in Alaska for the 2013
season. These regulations would 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. The rulemaking is necessary because
the regulations governing the subsistence harvest of migratory birds in
Alaska are subject to annual review. This rulemaking proposes region-
specific regulations that would go into effect on April 2, 2013, and
expire on August 31, 2013.
DATES: We will accept comments received or postmarked on or before
November 20, 2012. We must receive requests for public hearings, in
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by
November 5, 2012.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments to Docket No. FWS-R7-
MB-2012-0066.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R7-MB-2012-0066; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will not accept email or faxes. We will post all comments on
http://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: Donna Dewhurst, (907) 786-3499, U.S.
Fish and Wildlife Service, 1011 E. Tudor Road, Mail Stop 201,
Anchorage, AK 99503.
SUPPLEMENTARY INFORMATION:
Public Comment Procedures
To ensure that any proposed 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 the ADDRESSES
section. We will not accept comments sent by email or fax or to an
address not listed in ADDRESSES. If you submit a comment via http://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 Web site. 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 or hand-carry 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. To ensure that the
electronic docket for this rulemaking is complete and all comments we
receive are publicly available, we will post all hardcopy comments on
http://www.regulations.gov.
In addition, comments and materials we receive, as well as
supporting documentation used in preparing this proposed rule, will be
available for public inspection in two ways:
(1) You can view them on http://www.regulations.gov. Search for
FWS-R7-MB-2012-0066, which is the docket number for this rulemaking.
(2) You can make an appointment, during normal business hours, to
view the comments and materials in person at the Division of Migratory
Bird Management, U.S. Fish and Wildlife Service; 4501 N. Fairfax Drive,
Room 4107, Arlington, VA 22203-1610.
Public Availability of Comments
As stated above in more detail, before including your address,
phone number, email address, or other personal identifying information
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly
available at any time. While you can ask us in your comment to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so.
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 proposes regulations for the taking of migratory
birds for subsistence uses in Alaska during the spring and summer of
2013. This rule proposes a list of migratory bird season openings and
closures in Alaska by region.
How do I find the history of these regulations?
Background information, including past events leading to this
rulemaking, accomplishments since the Migratory Bird Treaties with
Canada and Mexico were amended, and a history, was originally addressed
in the Federal Register on August 16, 2002 (67 FR 53511) and most
recently on March 26, 2012 (77 FR 17353).
Recent Federal Register documents, which are all proposed rules
setting forth the annual harvest regulations, are available at http://alaska.fws.gov/ambcc/regulations.htm or by contacting the person listed
under FOR FURTHER INFORMATION CONTACT.
What is the process for issuing regulations for the subsistence harvest
of migratory birds in Alaska?
The U.S. Fish and Wildlife Service (Service or we) is proposing
migratory bird subsistence harvest regulations in Alaska for the 2013
season. These regulations would 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 proposed regulations were developed under a co-
management process involving the Service, the Alaska
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Department of Fish and Game, and Alaska Native representatives.
We opened the process to establish regulations for the 2013 spring
and summer subsistence harvest of migratory birds in Alaska in a
proposed rule published in the Federal Register on April 17, 2012, (77
FR 23094) to amend 50 CFR part 20. 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
2014 season. The rulemaking processes for both types of migratory bird
harvest are related, and the April 17, 2012, proposed rule explained
the connection between the two.
The Alaska Migratory Bird Co-management Council (Co-management
Council) held meetings on April 11-12 and May 9, 2012, to develop
recommendations for changes that would take effect during the 2013
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 25 and 26, 2012.
Who is eligible to hunt under these regulations?
Eligibility to harvest under the regulations established in 2003
was limited to permanent residents, regardless of race, in villages
located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian
Islands, and in areas north and west of the Alaska Range (50 CFR 92.5).
These geographical restrictions opened the initial migratory bird
subsistence harvest to about 13 percent of Alaska residents. High-
populated, roaded areas such as Anchorage, the Matanuska-Susitna and
Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the
Gulf of Alaska roaded area, and Southeast Alaska were excluded from
eligible subsistence harvest areas.
Based on petitions requesting inclusion in the harvest, in 2004, we
added 13 additional communities based on criteria set forth in 50 CFR
92.5(c). These communities were Gulkana, Gakona, Tazlina, Copper
Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port
Graham, Nanwalek, Tyonek, and Hoonah, with a combined population of
2,766. In 2005, we added three additional communities for glaucous-
winged gull egg gathering only, based on petitions requesting
inclusion. These southeastern communities were Craig, Hydaburg, and
Yakutat, with a combined population of 2,459, based on the latest
census information at that time.
In 2007, we enacted the Alaska Department of Fish and Game's
request to expand the Fairbanks North Star Borough excluded area to
include the Central Interior area. This action excluded the following
communities from participation in this harvest: Big Delta/Fort Greely,
Healy, McKinley Park/Village, and Ferry, with a combined population of
2,812.
What is different in the region-specific regulations for 2013?
Regulations proposed in this rule are identical to those for the
2012 harvest season. However, at the April 2012 Co-Management Council
meeting, the North Slope Borough requested that the provision that
enables yellow-billed loons inadvertently caught in subsistence fishing
to be kept for subsistence use be added permanently to the consent
agenda from 2013 regulations forward. The request would eliminate the
need for the North Slope Borough to resubmit the loon proposal annually
and eliminate the requirement for the Service Regulations Committee to
review and decide on the proposal at each subsequent July meeting. The
motion passed with unanimous consent by the Co-Management Council.
In 2011, the North Slope Borough Wildlife Department conducted
harvest surveys in Barrow, Atqasuk, and Nuiqsut. They identified 125
fishermen and cabin owners from those 3 communities involved. Of the
125, only 3 refused to participate in the survey, so we had 97 percent
participation. The resultant estimate was 25 yellow-billed loons
entangled, of which 7 were released, 4 were used to make headdresses
for traditional, ceremonial dances, and the remainder used for other
subsistence purposes.
In the Co-Management Council's discussion of the North Slope
Borough's proposal to eliminate the requirement for annual submission
and review, the State of Alaska Representative stated that the North
Slope Borough had done a very good job of putting together a loon
harvest survey in those areas where yellow-billed loons and fishing co-
exist, documenting the current levels of inadvertent take. At this
meeting, the North Slope Borough committed to continue collecting this
information for 2 more years (through 2013) to provide additional
inadvertent take numbers to the Service Regulations Committee. On July
26, 2012, the Service Regulations Committee supported removal of the
requirement for annual review and approval of the yellow-billed loon
provision for the North Slope.
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 areas where the spring and summer subsistence migratory bird hunt
is open in Alaska. Both species are closed to hunting, although harvest
surveys and Service documentation indicate both species have been taken
in several regions of Alaska.
The Service has dual 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 the proposed regulations continue 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 North Slope partners, developed measures in 2009
to further reduce the potential for shooting mortality or injury of
closed species. These conservation measures included: (1) Increased
waterfowl hunter outreach and community awareness through partnering
with the North Slope Migratory Bird Task Force; (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 taking of any threatened eider species.
This proposed rule continues to focus on the North Slope from
Barrow to Point Hope because Steller's eiders from the listed Alaska
breeding population are known to breed and migrate there. These
proposed regulations are designed to address several ongoing eider
management needs by clarifying
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for subsistence users that (1) service law enforcement personnel have
authority to verify species of birds possessed by hunters, and (2) it
is illegal to possess any species of bird closed to harvest. This rule
also describes how the Service's existing authority of emergency
closure would be implemented, if necessary, to protect Steller's
eiders. We are always willing to discuss regulations with our partners
on the North Slope to ensure protection of closed species as well as
provide subsistence hunters an opportunity to harvest migratory birds
in a way that maintains the culture and traditional harvest of the
community. The regulations pertaining to bag checks and possession of
illegal birds are deemed necessary to verify that no closed eider
species are taken during the legal subsistence hunt.
The Service is aware of and appreciates the considerable efforts by
North Slope partners to raise awareness and educate hunters on
Steller's eider conservation via the bird fair, meetings, radio shows,
signs, school visits, and one-on-one contacts. We also recognize that
no listed eiders have been documented shot in the last 3 years, even
though Steller's eiders nested in the Barrow area from 2010 through
2012. The Service acknowledges progress made with the other eider
conservation measures including partnering with the North Slope
Migratory Bird Task Force for increased waterfowl hunter awareness,
continued enforcement of the regulations, and in-season verification of
the harvest. Our primary strategy to reduce the threat of shooting
mortality of threatened eiders is to continue working with North Slope
partners to conduct education, outreach, and harvest monitoring. In
addition, the emergency closure authority provides another level of
assurance if an unexpected amount of Steller's eider shooting mortality
occurs (50 CFR 92.21 and 50 CFR 92.32).
In-season harvest monitoring information would be used to evaluate
the efficacy of regulations, conservation measures, and outreach
efforts. During 2009 through 2012, no Steller's eiders were reported
being taken on the North Slope, and no Steller's eiders were found shot
during in-season verification of the subsistence harvest. Based on
these successes, the 2012 conservation measures would also be
continued, although there would be some modification of the amount of
effort and emphasis each would receive. Specifically, local communities
have continued to develop greater responsibility for taking actions to
ensure Steller's and spectacled eider conservation and recovery, and
based on last year's observations, local hunters have demonstrated
greater compliance with hunting regulations.
The longstanding general emergency closure provision at 50 CFR
92.21 specifies that the harvest may be closed or temporarily suspended
upon finding that a continuation of the regulation allowing the harvest
would pose an imminent threat to the conservation of any migratory bird
population. With regard to Steller's eiders, the regulation at 50 CFR
92.32, carried over from the past 3 years, would clarify that we would
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 would
evaluate each mortality event by criteria such as cause, quantity, sex,
age, location, and date. We would consult with the Co-management
Council when we are considering an emergency closure. If we determine
that an emergency closure is necessary, we would 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 candidate species for listing under
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.). 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 that harvest of yellow-billed loons on the North Slope and
St. Lawrence Island does occur. Most 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
would continue outreach efforts in both areas in 2013, 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 proposes to continue through 2013 the provisions
originally established in 2005, to allow subsistence use of yellow-
billed loons inadvertently entangled in subsistence fishing (gill) nets
on the North Slope. Yellow-billed loons are culturally important to the
Inupiat Eskimo of the North Slope for use in traditional dance regalia.
A maximum of 20 yellow-billed loons would be allowed to be kept if
found entangled in fishing nets in 2013, under this provision. This
proposed provision does not authorize intentional harvest of yellow-
billed loons, but allows use of those loons inadvertently entangled
during normal subsistence fishing activities.
Definition Clarification
We are proposing to add a definition of harvest season ``closure''
to the existing definitions list at 50 CFR 92.4. This change to the
regulations would clarify our use of this term. This addition was
requested by members of the public who expressed some confusion as to
whether or not egg gathering is also prohibited during harvest
closures. Under our proposed definition, we clarify that a season
``closure'' means that the season is closed to all forms of harvest,
including hunting and egg gathering, unless specified otherwise.
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 * * *.'' Prior to
issuance of annual spring and summer subsistence regulations, we would
consult under section 7 of the Endangered Species Act of 1973, as
amended (Act), to ensure that the 2013 subsistence harvest is not
likely to jeopardize the continued existence of any species designated
as endangered or threatened, or modify or destroy its critical
habitats, and that the regulations are consistent with conservation
programs for those species. Consultation under section 7 of the Act for
the annual subsistence take regulations may cause us to change these
regulations. Our biological opinion resulting from the section 7
consultation is a public document available from person listed under
FOR FURTHER INFORMATION CONTACT.
Statutory Authority
We derive our authority to issue these regulations from the
Migratory Bird Treaty Act of 1918, at 16 U.S.C. 712(1), which
authorizes the Secretary of the Interior, in accordance with the
treaties
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with Canada, Mexico, Japan, and Russia, to ``issue such regulations as
may be necessary to assure that the taking of migratory birds and the
collection of their eggs, by the indigenous inhabitants of the State of
Alaska, shall be permitted for their own nutritional and other
essential needs, as determined by the Secretary of the Interior, during
seasons established so as to provide for the preservation and
maintenance of stocks of migratory birds.''
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. The Office
of Information and Regulatory Affairs has determined that this rule is
not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule would 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. This
proposed rule would legalize a pre-existing subsistence activity, and
the resources harvested would 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) Would not have an annual effect on the economy of $100 million
or more. It proposes to 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 proposed 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 proposed 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, does not have an impact on prices
for consumers.
(c) Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
proposed 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 proposed 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 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 would require
travel expenses for some Alaska Native organizations and local
governments. In addition, they would assume some expenses related to
coordinating involvement of village councils in the regulatory process.
Total coordination and travel expenses for all Alaska Native
organizations are estimated to be less than $300,000 per year. In a
Notice of Decision (65 FR 16405; March 28, 2000), we identified 7 to 12
partner organizations (Alaska Native nonprofits and local governments)
to administer the regional programs. The Alaska Department of Fish and
Game would also incur expenses for travel to Co-management 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 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 proposed rule
would not have significant takings implications. This proposed 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 proposed rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. We discuss
effects of this proposed 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 6,
2000), ``Consultation and Coordination with Indian Tribal
Governments'', and Department of Interior policy on Consultation with
Indian Tribes (December 1, 2011), we will send letters to all 229
Alaska Federally recognized Indian tribes. Consistent with
Congressional direction (Pub. L. 108-199, div. H, Sec. 161, Jan. 23,
2004, 118
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Stat. 452, as amended by Pub. L. 108-447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267), we will be sending letters to
approximately 200 Alaska Native corporations and other tribal entities
in Alaska soliciting their input as to whether or not they would like
the Service to consult with them on the 2013 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 would
develop recommendations for among other things: Seasons and bag limits,
methods and means of take, law enforcement policies, population and
harvest monitoring, education programs, research and use of traditional
knowledge, and habitat protection. The management bodies would involve
village councils to the maximum extent possible in all aspects of
management. To ensure maximum input at the village level, we required
each of the 11 participating regions to create regional management
bodies consisting of at least one representative from the participating
villages. The regional management bodies meet twice annually to review
and/or submit proposals to the Statewide body.
Paperwork Reduction Act
This proposed rule has been examined under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) and does not contain any new
collections of information that require Office of Management and Budget
(OMB) approval. OMB has 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 April 30, 2013. 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 (42 U.S.C. 4321 et seq.)
Consideration
The annual regulations and options are considered in the
environmental assessment, ``Managing Migratory Bird Subsistence Hunting
in Alaska: Hunting Regulations for the 2013 Spring/Summer Harvest,''
September 12, 2012. 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 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 no Statement of Energy Effects is required.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Proposed Regulation Promulgation
For the reasons set out in the preamble, we propose to amend title
50, chapter I, subchapter G, of the Code of Federal Regulations as
follows:
PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA
1. The authority citation for part 92 continues to read as follows:
Authority: 16 U.S.C. 703-712.
Subpart A--General Provisions
2. Amend Sec. 92.4 by adding, in alphabetical order, a definition
for ``Closure'' to read as follows:
Sec. 92.4 Definitions.
* * * * *
Closure means the season is closed to all forms of harvest,
including hunting and egg gathering, unless specified otherwise.
* * * * *
Subpart D--Annual Regulations Governing Subsistence Harvest
3. Amend subpart D by adding Sec. 92.31 to read as follows:
Sec. 92.31 Region-specific regulations.
The 2013 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 field
biologists and the Association of Village Council President's Waterfowl
Conservation Committee. This 30-day period would occur between June 1
and August 15 of each year. A press release announcing the actual
closure dates would be forwarded to regional newspapers and radio and
television stations.
(3) Special Black Brant and Cackling Goose Season Hunting Closure:
From the period when egg laying begins until young birds are fledged.
Closure dates to be announced by the Service's Alaska Regional Director
or his designee, after consultation with field biologists and the
Association of Village Council President's Waterfowl Conservation
Committee. A press release announcing the actual closure dates would be
forwarded to regional newspapers and radio and television stations.
(c) Bristol Bay Region.
(1) Season: April 2-June 14 and July 16-August 31 (general season);
April 2-July 15 for seabird egg gathering only.
(2) Closure: June 15-July 15 (general season); July 16-August 31
(seabird egg gathering).
(d) Bering Strait/Norton Sound Region.
(1) Stebbins/St. Michael Area (Point Romanof to Canal Point):
(i) Season: April 15-June 14 and July 16-August 31.
(ii) Closure: June 15-July 15.
(2) Remainder of the region:
(i) Season: April 2-June 14 and July 16-August 31 for waterfowl;
April 2-July 19 and August 21-August 31 for all other birds.
(ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for
all other birds.
(e) Kodiak Archipelago Region, except for the Kodiak Island roaded
area, which is closed to the harvesting of migratory birds and their
eggs. The closed area consists of all lands and waters (including
exposed tidelands)
[[Page 58737]]
east of a line extending from Crag Point in the north to the west end
of Saltery Cove in the south and all lands and water south of a line
extending from Termination Point along the north side of Cascade Lake
extending to Anton Larsen Bay. Waters adjacent to the closed area are
closed to harvest within 500 feet from the water's edge. The offshore
islands are open to harvest.
(1) Season: April 2-June 30 and July 31-August 31 for seabirds;
April 2-June 20 and July 22-August 31 for all other birds.
(2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all
other birds.
(f) Northwest Arctic Region.
(1) Season: April 2-June 9 and August 15-August 31 (hunting in
general); waterfowl egg gathering May 20-June 9 only; seabird egg
gathering May 20-July 12 only; hunting molting/non-nesting waterfowl
July 1-July 31 only.
(2) Closure: June 10-August 14, except for the taking of seabird
eggs and molting/non-nesting waterfowl as provided in paragraph (f)(1)
of this section.
(g) North Slope Region.
(1) Southern Unit (Southwestern North Slope regional boundary east
to Peard Bay, everything west of the longitude line 158[deg]30' W and
south of the latitude line 70[deg]45' N to the west bank of the
Ikpikpuk River, and everything south of the latitude line 69[deg]45' N
between the west bank of the Ikpikpuk River to the east bank of
Sagavinirktok River):
(i) Season: April 2-June 29 and July 30-August 31 for seabirds;
April 2-June 19 and July 20-August 31 for all other birds.
(ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all
other birds.
(iii) Special Black Brant Hunting Opening: From June 20-July 5. The
open area would consist of the coastline, from mean high water line
outward to include open water, from Nokotlek Point east to longitude
line 158[deg]30' W. This includes Peard Bay, Kugrua Bay, and Wainwright
Inlet, but not the Kuk and Kugrua river drainages.
(2) Northern Unit (At Peard Bay, everything east of the longitude
line 158[deg]30' W and north of the latitude line 70[deg]45' N to west
bank of the Ikpikpuk River, and everything north of the latitude line
69[deg]45' N between the west bank of the Ikpikpuk River to the east
bank of Sagavinirktok River):
(i) Season: April 6-June 6 and July 7-August 31 for king and common
eiders; April 2-June 15 and July 16-August 31 for all other birds.
(ii) Closure: June 7-July 6 for king and common eiders; June 16-
July 15 for all other birds.
(3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
(i) Season: April 2-June 19 and July 20-August 31.
(ii) Closure: June 20-July 19.
(4) All Units: Yellow-billed loons. Annually, up to 20 yellow-
billed loons total for the region may be inadvertently entangled in
subsistence fishing nets in the North Slope Region and kept for
subsistence use.
(5) North Coastal Zone (Cape Thompson north to Point Hope and east
along the Arctic Ocean coastline around Point Barrow to Ross Point,
including Iko Bay, and 5 miles inland).
(i) No person may at any time, by any means, or in any manner,
possess or have in custody any migratory bird or part thereof, taken in
violation of subpart C and D of this part.
(ii) Upon request from a Service law enforcement officer, hunters
taking, attempting to take, or transporting migratory birds taken
during the subsistence harvest season must present them to the officer
for species identification.
(h) Interior Region.
(1) Season: April 2-June 14 and July 16-August 31; egg gathering
May 1-June 14 only.
(2) Closure: June 15-July 15.
(i) Upper Copper River Region (Harvest Area: 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.
4. Amend subpart D by adding Sec. 92.32 to read as follows:
Sec. 92.32 Emergency regulations to protect Steller's eiders.
Upon finding that continuation of these subsistence regulations
would pose an imminent threat to the conservation of threatened
Steller's eiders (Polysticta stelleri), the U.S. Fish and Wildlife
Service Alaska Regional Director, in consultation with the Co-
management Council, will immediately under Sec. 92.21 take action as
is necessary to prevent further take. Regulation changes implemented
could range from a temporary closure of duck hunting in a small
geographic area to large-scale regional or Statewide long-term closures
of all subsistence migratory bird hunting. These closures or temporary
suspensions will remain in effect until the Regional Director, in
consultation with the Co-management Council, determines that the
potential for additional Steller's eiders to be taken no longer exists.
[[Page 58738]]
Dated: September 12, 2012.
Michael J. Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2012-23313 Filed 9-20-12; 8:45 am]
BILLING CODE 4310-55-P