[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Rules and Regulations]
[Pages 20311-20319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07899]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2020-0134; FXMB12610700000-201-FF07M01000]
RIN 1018-BF08
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2021 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (FWS, Service, or we) is
revising the migratory bird subsistence harvest regulations in Alaska.
These regulations allow for the continuation of customary and
traditional subsistence uses of migratory birds in Alaska and prescribe
regional information on when and where the harvesting of birds may
occur. These regulations were developed under a co-management process
involving the Service, the Alaska Department of Fish and Game, and
Alaska Native representatives. This rule incorporates regulatory
revisions requested by these partners.
DATES: This rule is effective April 19, 2021.
ADDRESSES: You may find the comments submitted on the proposed rule as
well as supplementary materials for this rulemaking action at the
Federal eRulemaking Portal: http://www.regulations.gov in Docket No.
FWS-R7-MB-2020-0134.
Information Collection Requirements: Written comments and
suggestions on the information collection requirements may be submitted
at any time to the Service Information Collection Clearance Officer,
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W),
Falls Church, VA 22041-3803 (mail); or Info_Coll@fws.gov (email).
Please reference ``OMB Control Number 1018-BF08'' in the subject line
of your comments.
FOR FURTHER INFORMATION CONTACT: Eric J. Taylor, U.S. Fish and Wildlife
Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
903-7210.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.)
was enacted to conserve certain species of migratory birds and gives
the Secretary of the Interior the authority to regulate the harvest of
these birds. The law further authorizes the Secretary to issue
regulations to ensure that the indigenous inhabitants of the State of
Alaska may take migratory birds and collect their eggs for nutritional
and other essential needs during seasons established by the Secretary
``so as to provide for the preservation and maintenance of stocks of
migratory birds'' (16 U.S.C. 712(1)).
The take of migratory birds for subsistence uses in Alaska occurs
during the spring and summer, during which timeframe the sport harvest
of migratory birds is not allowed. Regulations governing the
subsistence harvest of migratory birds in Alaska are located in title
50 of the Code of Federal Regulations (CFR) in part 92. These
regulations allow for the continuation of customary and traditional
subsistence uses of migratory birds and prescribe regional information
on when and where the harvesting of birds in Alaska may occur.
The migratory bird subsistence harvest regulations are developed
cooperatively by the Alaska Migratory Bird Co-Management Council (AMBCC
or the Council), which consists of the U.S. Fish and Wildlife Service,
the Alaska Department of Fish and Game (ADFG), and representatives of
Alaska's Native population. The Council's primary purpose is to develop
recommendations pertaining to the subsistence harvest of migratory
birds.
This rule incorporates changes to the subsistence harvest
regulations that were recommended by the Council in 2020 as described
below. This rule also sets forth an updated list of migratory bird
species open to subsistence harvest.
Comments Received on the Proposed Rule
Per the collaborative process described above, we published a
proposed rule to update the regulations for the taking of migratory
birds for subsistence uses in Alaska during the spring and summer (86
FR 11707, February 26, 2021). By the end of the comment period on the
proposed rule, we received five comments. While one comment pertained
to an issue that is outside the scope of this rulemaking action, we
hereby respond to the relevant issues that were raised in the public
input. We made no changes to the proposed rule as a result of the input
we received via the public comments (see Final Regulations, below, for
more information).
Issue: One commenter expressed the following concerns: (i)
Migratory bird populations cannot sustain hunting pressure; (ii)
migratory birds are resources belonging to all residents of the United
States; (iii) the proposed Kodiak Island Roaded Area permit hunt did
not undergo sufficient public review; (iv) the Service's treatment of
common and Wilson's snipe in Alaska is incorrect by conflating them
together; and (v) the Service's enforcement of prohibitions on the use
of lead shot to hunt waterfowl is insufficient.
Response: The Service conducts migratory bird population and
harvest surveys to monitor potential effects of hunting on abundance,
distribution, and trend; further, we use an adaptive harvest strategy
to ensure harvest does not impact sustainable and healthy waterfowl
populations. The Service agrees that migratory birds should be managed
on a flyway or continental basis for the enjoyment of all U.S.
residents.
The proposed 3-year experimental Kodiak Roaded Area Permit hunt
underwent a rigorous review over a multiyear period involving Council,
Flyway, and national public review periods. We explain the process
establishing the experimental hunt in our May 11, 2020, proposed rule
(85 FR 27698) in the preamble under ``(5) Kodiak Archipelago Region
Kodiak Island Roaded Area Closure,'' and our response to comments on
this topic is found in our November 17, 2020, final rule (85 FR 73233).
Snipe in Alaska are recognized primarily as Wilson's snipe, but
common snipe are known to occur on the Aleutian Islands of Alaska.
Thus, for administrative purposes, we clarify that snipe includes both
recognized species in Alaska: Wilson's snipe and common snipe. The
separation of these species in the list of migratory birds open to
subsistence harvest will not result in differential harvest effects on
either species.
[[Page 20312]]
The Service agrees with the commenter's concern about detrimental
effects of lead shot on migratory birds. The nationwide ban on the use
of lead shot for hunting waterfowl occurred in 1991. The Service's
Office of Law Enforcement and law enforcement officers of the National
Wildlife Refuge System work with State law enforcement personnel to
check waterfowl hunters during the Alaska spring-summer subsistence and
fall-winter seasons for use of nontoxic ammunition. The Service has
also worked with vendors in rural Alaska to remove lead shot from being
available and sold during the migratory bird hunting seasons.
Issue: A commenter recommended: (i) Support for establishing
regulations to support the cultural and traditional importance of
spring-summer subsistence harvest of migratory birds in Alaska; (ii)
that important areas where protected species congregate be closed to
hunting; and (iii) that closed areas of hunting could allow assessment
of hunting mortality versus other forms of mortality. The commenter
also inquired if violations of the MBTA are enforced by the Service.
Response: The Service appreciates support for the traditional,
cultural, and nutritional benefits attained by the spring-summer
harvest of migratory birds in rural Alaska. Breeding, staging, molting,
and wintering habitats of protected species, including spectacled and
Steller's eiders, are important to other hunted migratory birds;
therefore, it is not possible to close specific areas to all hunting.
The Service appreciates the comment regarding the need to understand
sources of mortality and their respective impacts to population
abundance and trends. However, the closure of a specific area to
hunting will not allow a greater understanding of hunting as a source
of mortality due to the migratory nature of most species. In regard to
the comment if violations of the MBTA are enforced by the Service, to
decrease risk of illegal harvest of protected species, the Service
relies on public education and outreach to describe species closed to
harvest. Please see page 28 of Regulations for the 2021 Alaska
Subsistence Spring/Summer Migratory Bird Harvest (available in the
docket on www.regulations.gov) as an example of public outreach to
protect threatened spectacled and Steller's eiders. The Service also
monitors and enforces hunting regulations through its Office of Law
Enforcement.
Issue: A commenter requested the Service protect migratory birds
from hunting.
Response: The MBTA allows for the lawful and sustainable harvest of
migratory birds per annual hunting regulations. Spring-summer
subsistence and fall-winter hunting regulations are established each
year, the impacts of which are monitored by annual population and
harvest surveys.
Issue: A commenter expressed interest in and support for
establishing State-specific migratory bird harvest regulations.
Response: The Service appreciates the commenter's support for
establishing Alaska spring-summer migratory bird subsistence harvest
regulations.
Proposed Regulatory Revisions
The proposed rule (86 FR 11707, February 26, 2021) set forth the
same subsistence harvest regulations in subpart D, Annual Regulations
Governing Subsistence Harvest, as those from the 2020 subsistence
harvest seasons (see 85 FR 18455, April 2, 2020; 85 FR 27698, May 11,
2020; 85 FR 49601, August 14, 2020; and 85 FR 73233, November 17, 2020)
with the following two exceptions and three clarifications from the
2020 seasons:
(1) Upper Copper River Region Permit for Hunters From Excluded Areas To
Hunt in the Region
This change to the regulations in part 92, subpart A (general
provisions) would add another method (a permit) to invite a hunter from
an excluded area to participate in the spring-summer subsistence hunt
in the Upper Copper River region.
Current regulations in 50 CFR 92.5(d) allow immediate family
members (children, parents, grandparents, and siblings) living in
excluded areas to participate in the customary spring-summer
subsistence harvest of migratory birds in a village's subsistence area,
if invited via letter by the respective Village Council, to assist
permanent residents of the village in meeting their nutritional and
other essential needs or for teaching cultural knowledge. A letter of
invitation is sent to the hunter with a copy provided to the Executive
Director of the Council, who then informs the Service's Alaska Regional
Office of Law Enforcement within 2 business days. In addition to the
letter of invitation, this new permit system adds another method to
invite a hunter from an excluded area to participate in the spring-
summer subsistence hunt in the Upper Copper River region. The permit
will certify that the prospective hunter is an immediate family member
as defined in 50 CFR 92.4 and is thereby authorized to assist family
members in hunting migratory birds in the subsistence harvest area of
the region.
To date, the Council Executive Director has received two letters of
invitation to hunt in the State of Alaska since the last revision of 50
CFR 92.5(d) in 2014 (79 FR 19454, April 8, 2014). The letter of
invitation requirement is viewed by the Upper Copper River Region as
burdensome and administratively inefficient due in large part to high
turnover in Tribal administrative staff. In the Upper Copper River
Region, an invitation to hunt by permit is considered less onerous and
a more practical approach for eligible hunters to invite participation
by family members living in excluded areas. This regulatory revision
adds the invitation by permit as an option for Tribal Councils or their
authorized Tribal representatives in the Upper Copper River Region to
administer the invitation to hunt in their subsistence harvest area.
Invited hunters will be required to carry the permit while hunting as
proof of eligibility. The permit will be valid for 2 years from the
date of issuance. A list of permittees will be forwarded to the Council
Executive Director, who will then forward the list to the Service's
Alaska Regional Office of Law Enforcement.
This change to the regulations in subpart A is not anticipated to
result in a significant increase in harvest of birds and eggs in the
Upper Copper River Region because invited hunters are authorized only
to assist in fulfilling the needs of immediate family members in
villages or teaching cultural knowledge.
(2) Closure on Harvest of Emperor Goose Eggs Statewide
This change to the regulations in part 92, subpart C (general
regulations governing the subsistence harvest general provisions)
closes the harvest of emperor goose eggs statewide.
The abundance (index) of emperor geese (Anser canagicus) is
estimated annually via the Service's (Alaska Region) Yukon-Kuskokwim
Delta Coastal Zone (Coastal Zone) survey. This information is used to
inform harvest management decisions for emperor geese based on harvest
strategies in the Council Emperor Goose Management Plan (Plan) and the
Pacific Flyway Council Management Plan. The harvest strategy in the
Plan prescribes an open emperor geese subsistence season if the Coastal
Zone index from the previous year is greater than 23,000 geese, and a
closed season if the index is below 23,000 geese. If the Coastal Zone
index is between 23,000 and 28,000 geese, the Council will consider
[[Page 20313]]
implementing regulatory or nonregulatory conservation measures to help
avoid a closed season in subsequent seasons. In 2019, the Coastal Zone
index (26,585; 95% Confidence Limit = 24,161-29,008 geese) dropped
below the 28,000-bird threshold that triggers consideration of
conservation measures. For the 2020 spring-summer hunting season, the
Council agreed to develop and distribute outreach and educational
materials to help limit emperor goose harvest. The coronavirus pandemic
forced the cancellation of the Coastal Zone survey in 2020.
Consequently, no Coastal Zone index was available to inform regulatory
decisions for the 2021 season.
The harvest strategy in the Plan does not include guidance on
making regulatory decisions in the absence of previous year's survey
data; thus, the Council's Emperor Goose Subcommittee convened on June
2, 2020, to consider available emperor goose population status
information in the absence of the 2020 Coastal Zone index. Subcommittee
members considered results from a number of approaches to infer emperor
goose population status in 2020 including prediction from a demographic
model (Osnas 2020). Results from the different approaches were in
general agreement, and indicated that abundance of emperor geese in
2020 likely remains between the 23,000- and 28,000-population
thresholds with low probability that abundance was below the closure
threshold.
Because the predicted abundance of emperor geese remains between
the population thresholds requiring consideration of conservation
measures, the Council's Emperor Goose Subcommittee and Council
recommended the emperor goose season remain open in 2021. This
recommendation includes outreach and educational efforts and closure of
emperor goose egg gathering in Alaska to help limit harvest of emperor
geese, considering the uncertainty in emperor goose population status
in 2020 and the desire to reduce the probability of having a closed
season in the future. This regulatory change affects the list of
subsistence migratory bird species in Sec. 92.22, which is in subpart
C.
Clarification of Central Interior Excluded Area Boundary
Current regulations in 50 CFR 92.5(b)(1) define the geographic
boundaries of the Central Interior Excluded Area but mistakenly fail to
include the Fairbanks North Star Borough. In 2007, the Service enacted
the ADFG's request to expand the Fairbanks North Star Borough Excluded
Area (72 FR 18317 April 11, 2007). This regulatory change appears in 50
CFR 92.5(b)(3). The expanded Fairbanks North Star Borough Excluded Area
was renamed the Central Interior Excluded Area, but the description of
the area defined in 50 CFR 92.5(b)(3) failed to specifically include
the Fairbanks North Star Borough. This rule clarifies this regulatory
text by including the words ``Fairbanks North Star Borough'' in the
description of the Central Interior Excluded Area.
Clarification of the Kodiak Archipelago Region Kodiak Island Roaded
Area 3-Year Experimental Season
In 2020, the Service approved a 3-year experimental season for
migratory bird hunting and egg gathering by registration permit only
within the Kodiak Island Roaded Area in the Kodiak Archipelago Region
of Alaska, as recommended by the Council in 2019 (85 FR 73233, November
17, 2020). This regulatory change appears in 50 CFR 92.31. The Roaded
Area was to remain closed to hunting and egg gathering for Arctic
terns, Aleutian terns, mew gulls, and emperor geese. The regulation
allows residents of the Kodiak Archipelago Region the opportunity to
participate in subsistence hunting activities without the need for a
boat in an area that otherwise restricts hunting to 500 feet offshore
and offshore islands.
Initially, we and the Council expected that the 3-year experimental
season would begin in 2020 and continue through 2022. In the
supplementary information of the 2020 proposed and final rules, we
associated those years (2020-2022) with the 3-year experimental season,
although years were not specified in the regulations allowing the
season. Delay in publishing the proposed and final rules in 2020
prevented the 3-year experimental season from beginning in 2020 as
initially expected. Therefore, we clarify here that our intent remains
the same--to allow a 3-year experimental season for migratory bird
hunting and egg gathering by registration permit along the Kodiak
Island Roaded Area in the Kodiak Archipelago Region of Alaska--but that
this season is now expected to occur during the 2021-2023 subsistence
seasons. The experimental season will terminate at the completion of
the third year, now expected to be in 2023. Reopening the Roaded Area
after the 3-year experimental period will require a subsequent proposal
from the Council for continuation of the season under either
operational or experimental status.
Clarification of the Kodiak Archipelago Region Kodiak Island Roaded
Area Boundary
As described above, in 2020 the Service approved a 3-year
experimental season for migratory bird hunting and egg gathering by
registration permit within the Kodiak Island Roaded Area in the Kodiak
Archipelago Region of Alaska, as recommended by the Council in 2019 (85
FR 73233, November 17, 2020). This regulatory change appears in 50 CFR
92.31. Prior to this change, the Kodiak Island Roaded Area was closed
to hunting. Following approval of a hunt within the previously closed
area, the current boundary description of the Kodiak Island Roaded Area
in 50 CFR 92.31(e) includes the term ``closed area.'' We now clarify
the language by replacing the words ``closed area'' with ``Kodiak
Island Roaded Area'' in 50 CFR 92.31(e) and by improving the clarity of
the boundary description.
Subsistence Migratory Bird Species
On April 16, 2020, we published in the Federal Register (85 FR
21282) a revised List of Migratory Birds protected under the Migratory
Bird Treaty Act (MBTA) by both adding to and removing species from the
list, which appears in 50 CFR 10.13. Reasons for the changes to the
list included adding species based on revised taxonomy and new evidence
of natural occurrence in the United States or U.S. territories,
removing species no longer known to occur within the United States or
U.S. territories, and changing names to conform to accepted use. This
rule went into effect on May 18, 2020. The revised List of Migratory
Birds updated nomenclature (family or scientific name) for 17 species
on the list of birds open to subsistence harvest (50 CFR 92.22) and
separated Canada goose into two separate species: Cackling goose
(Branta hutchinsii) and Canada goose (Branta canadensis). Therefore, to
be consistent with the taxonomy on the List of Migratory Birds, we are
updating the taxonomy of the list of migratory birds open to
subsistence harvest at 50 CFR 92.22 and correcting 11 typographical
errors in species common names.
We are also taking this opportunity to reorganize the list of
migratory birds open to subsistence harvest to follow the order of bird
families as they appear in 50 CFR 10.13, and we are adding the common
snipe (Gallinago gallinago) to the list of migratory birds open to
subsistence harvest. On April 1, 2016, we published in the Federal
Register (81 FR 18787) a revised list of migratory bird subsistence
species in which we
[[Page 20314]]
replaced the common snipe with Wilson's snipe (Gallinago delicata) to
account for taxonomic changes; Wilson's snipe was previously considered
a subspecies under common snipe. Snipe in Alaska are recognized
primarily as Wilson's snipe, but common snipe are known to occur on the
Aleutian Islands of Alaska. Thus, for administrative purposes, we
clarify that snipe includes both recognized species in Alaska: Wilson's
snipe and common snipe. Because, historically, common snipe applied to
both species of snipe, the separation of these species in the list of
migratory birds open to subsistence harvest will not result in
differential harvest effects on either species.
Final Regulations
We are making no changes to the regulatory revisions in our
February 26, 2021 (86 FR 11707), proposed rule as a result of the input
we received via the public comments.
Compliance With the MBTA and the Endangered Species Act
The Service has dual objectives and responsibilities for
authorizing a subsistence harvest while protecting migratory birds and
endangered and threatened species. Although these objectives continue
to be challenging, they are not irreconcilable, provided that: (1)
Regulations continue to protect endangered and threatened species; (2)
measures to address documented threats are implemented; and (3) the
subsistence community and other conservation partners commit to working
together.
Mortality, sickness, and poisoning from lead exposure have been
documented in many waterfowl species. The Service will work with
partners to increase our education, outreach, and enforcement efforts
to ensure that subsistence waterfowl hunting is conducted using
nontoxic shot.
Conservation Under the MBTA
We have monitored subsistence harvest for more than 25 years
through the use of household surveys in the most heavily used
subsistence harvest areas, such as the Yukon-Kuskokwim Delta. Based on
our monitoring of the migratory bird species and populations taken for
subsistence, we find that this rule will provide for the preservation
and maintenance of migratory bird stocks as required by the MBTA.
Communication and coordination between the Service, the Council, and
the Pacific Flyway Council have allowed us to set harvest regulations
to ensure the long-term viability of the migratory bird stocks.
Endangered Species Act Consideration
Section 7 of the Endangered Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.) requires the Secretary of the Interior to
review other programs administered by the Department of the Interior
and utilize such programs in furtherance of the purposes of the ESA.
The Secretary is further required to insure that any action authorized,
funded, or carried out by the Department of the Interior is not likely
to jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of critical habitat.
Spectacled eiders (Somateria fischeri) and the Alaska-breeding
population of Steller's eiders (Polysticta stelleri) are listed as
threatened species under the ESA. Their migration and breeding
distribution overlap with areas where the spring and summer migratory
bird subsistence hunt is open in Alaska. Neither species is included in
the list of subsistence migratory bird species at 50 CFR 92.22;
therefore, both species are closed to subsistence harvest.
The Alaska Division of Migratory Bird Management conducted an
intra-agency consultation with the Service's Anchorage Fish and
Wildlife Field Office on the proposed rule (86 FR 11707, February 26,
2021). The consultation was completed with a biological opinion that
concluded these rulemaking actions are not likely to jeopardize the
continued existence of endangered or threatened species or result in
the destruction or adverse modification of designated critical habitat.
Therefore, we have determined that this rule complies with the ESA.
Immediate Effective Date
This rule takes effect on the date set forth above in DATES.
Delaying the effective date for 30 days would have detrimental effects
on Alaskans seeking to conduct subsistence harvest of migratory birds.
To respect the subsistence hunt of many rural Alaskans, either for
their cultural or religious exercise, sustenance, and/or materials for
cultural use (e.g., handicrafts), the Department of the Interior finds
that it is in the public interest to make this rule effective as soon
as possible. For these reasons, we find that ``good cause'' exists
within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure
Act and under the authority of the Migratory Bird Treaty Act (July 3,
1918), as amended (16 U.S.C. 703 et seq.), to make this rule take
effect immediately upon publication in the Federal Register.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this 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 will not
have a significant economic impact on a substantial number of small
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). A regulatory flexibility analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required. This rule
would legalize a preexisting subsistence activity, and the resources
harvested will be consumed.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Would not have an annual effect on the economy of $100 million
or more. It legalizes and regulates a traditional subsistence activity.
It will not result in a substantial increase in subsistence harvest or
a significant change in harvesting patterns. The commodities that will
be regulated under this 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
[[Page 20315]]
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 qualify as small businesses. We have no
reason to believe that this 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 rule does not deal with traded
commodities and, therefore, would 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
rule deals with the harvesting of wildlife for personal consumption. It
would not regulate the marketplace in any way to generate substantial
effects on the economy or the ability of businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this rule 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 would 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 Council
requires travel expenses for some Alaska Native organizations and local
governments. In addition, they assume some expenses related to
coordinating involvement of village councils in the regulatory process.
Total coordination and travel expenses for all Alaska Native
organizations are estimated to be less than $300,000 per year. In a
notice of decision (65 FR 16405, March 28, 2000), we identified 7 to 12
partner organizations (Alaska Native nonprofits and local governments)
to administer the regional programs. The ADFG also incurs expenses for
travel to Council and regional management body meetings. In addition,
the State of Alaska is required to provide technical staff support to
each of the regional management bodies and to the Council. Expenses for
the State's involvement may exceed $100,000 per year, but should not
exceed $150,000 per year. When funding permits, we make annual grant
agreements available to the partner organizations and the ADFG to help
offset their expenses.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this 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 summary impact statement. We discuss effects of this rule on
the State of Alaska in the Unfunded Mandates Reform Act section, above.
We worked with the State of Alaska to develop these regulations.
Therefore, a federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
The Department, in promulgating this 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 the Interior policy on Consultation
with Indian Tribes (December 1, 2011), we consulted with Alaska
Federally recognized Indian Tribes affected by these regulations to
solicit their input.
We implemented the amended treaty with Canada with a focus on local
involvement. The treaty calls for the creation of management bodies to
ensure an effective and meaningful role for Alaska's indigenous
inhabitants in the conservation of migratory birds. According to the
Letter of Submittal, management bodies are to include Alaska Native,
Federal, and State of Alaska representatives as equals. They develop
recommendations for, among other things: Seasons and bag limits,
methods and means of take, law enforcement policies, population and
harvest monitoring, education programs, research and use of traditional
knowledge, and habitat protection. The management bodies involve
village councils to the maximum extent possible in all aspects of
management. To ensure maximum input at the village level, we require
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 at least one time each
year to review and/or submit proposals to the statewide body.
Paperwork Reduction Act of 1995 (PRA)
This rule contains existing, revised, and new information
collections. All information collections require approval under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We may not
conduct or sponsor and you are not required to respond to a collection
of information unless it displays a currently valid OMB control number.
OMB has previously approved the information collection requirements
associated with subsistence harvest reporting and assigned OMB Control
Number 1018-0124. We will submit a revision to 1018-0124 to incorporate
the new harvest reporting requirements contained in this rule.
Additionally, we will request a new OMB control number for the permit
and information letter requirements contained in this rule.
The existing information collection requirements identified below
are currently approved by OMB under Control Number 1018-0124:
The harvest surveys collect information on the subsistence harvest
in Alaska of ~60 species categories of birds and their eggs (geese,
ducks, swans, crane, ptarmigan and grouse, seabirds, shorebirds, loons
and grebes). Survey data includes species category and amounts of birds
and eggs taken for subsistence use in each harvest season (spring,
summer, fall, winter). The surveys rely on collaboration among the FWS,
the ADFG, and many Alaska Native organizations. Contracts and
cooperative agreements are in place to facilitate the collection of
data with Alaska Native organizations and other regional and local
partners. Surveyors contact local residents. The ADFG Division of
Subsistence coordinates the surveys on behalf of the Council via a
cooperative agreement with the FWS.
The FWS uses the survey data to:
(1) Inform harvest regulations for migratory birds and their eggs
so they are consistent with the long-term sustainability of bird
populations;
(2) Document subsistence harvest trends and track changes in
harvest;
(3) Document the importance of birds as food and cultural resources
for subsistence communities in Alaska;
(4) Protect sustainable harvest opportunities; and
[[Page 20316]]
(5) Assist in the development of management plans by State and
Federal agencies.
Federal and State agencies use the data collected to develop
harvest regulations and protect sustainable harvest opportunities. The
FWS adjusts harvest regulations as needed to provide maximum and
sustainable subsistence harvest opportunities while accounting for
current bird population status and population goals established in
species' management plans. The Council uses this information to make
regulation recommendations to the Service Regulations Committee.
Nongovernmental organizations use survey data to monitor the status of
uses of migratory bird resources in Alaska and internationally. The
survey also became a main line of communication between wildlife
management agencies and the local communities and harvesters.
Participation in the surveys is voluntary for communities and
households. In selected communities that agree to participate,
surveyors compile a list of all permanent households or addresses,
provide information about the survey, and assist households to complete
the harvest report form (hardcopy) in in-person interviews. Households
may offer comments on their harvest, on the availability of birds, on
the survey, or any other topic related to bird harvest. The survey uses
the following forms:
(1) Tracking Sheet & Household Consent (FWS Form 3-2380): The
surveyor invites each selected household to participate and completes
FWS Form 3-2380 documenting whether each selected household agreed to
participate, did not agree, or could not be contacted. The surveyor
also uses this form to keep track of survey work.
(2) Harvest Report (FWS Forms 3-2381-1, 3-2381-2, 3-2381-3, 3-2381-
4, and 3-2381-5: The forms have up to four sheets, one for each
surveyed season. The Western and Interior forms (3-2381-1 and 3-2381-3;
~394 households surveyed per year) have 3 sheets (spring, summer, and
fall). The Bristol Bay form has 4 sheets (spring, summer, fall, winter;
~110 households surveyed per year). The North Slope form has 2 sheets
(spring and summer; ~150 households surveyed per year). The Cordova
form has only 1 sheet (spring; ~27 households surveyed per year). The
weighted average for the whole survey is 2.96 seasonal sheets (rounded
as 3 for calculation of burden estimates). Each seasonal sheet has
drawings of bird species, next to which are fields to record the number
of birds and eggs harvested. Because bird species available for harvest
vary in different regions of Alaska, there are five versions of the
harvest report form with different sets of species. This helps to
prevent erroneously recording bird species as harvested in areas where
they do not usually occur.
The revised and new information collection requirements identified
below require approval by OMB in conjunction with the revision to OMB
Control Number 1018-0124:
(1) Splitting burden estimates for 3-2381-5, Cordova survey
(REVISED): We realized the previous submission to OMB incorrectly
reported 3 submissions of the Cordova survey rather than a single
submission for the spring season. We are separating the burden for this
survey out separately from FWS Form 3-2381-1, Form 3-2381-2, Form 3-
2381-3, and Form 3-2381-4 to more accurately report harvest data
reporting burden.
(2) Harvest Report (FWS Forms 3-2381-6 (new) and 3-2381-7 (NEW):
Starting in 2021, a mail survey akin to that conducted for the Cordova
harvest will be implemented for the Kodiak roaded area harvest as
required by updated Federal regulations for the Kodiak Archipelago
region. To participate in the Kodiak roaded area harvest, harvesters
are required to obtain a permit and to complete a harvest report form,
even if they did not harvest. (We will request OMB approval of this
permit requirement in a separate request for a new OMB control number
explained below). Staff from the ADFG Division of Subsistence worked in
close collaboration with the Sun'aq Tribe of Kodiak to develop the
permit and harvest reporting system. The Sun'aq Tribe requested in-
season harvest reporting. Permits will be issued by the Sun'aq Tribe.
The Kodiak Roaded Area In-Season Harvest Report (FWS Form 3-2381-6)
will be provided to permit holders at the time the permit is issued.
Harvesters are required to record their harvest using this form during
the season. At the end of the season (early Sept.), all permit holders
are required to submit the completed Kodiak Roaded Area In-Season
Harvest Report (FWS Form 3-2381-7) indicating whether they harvested
birds and eggs, and if so, the kinds and amounts of birds and eggs
harvested. Permit holders submit the completed form by mail to the ADFG
for data analysis (the form includes the return address and is postage-
paid). To ensure a more complete harvest reporting, the ADFG will mail
a post-season harvest survey to permit holders who did not submit a
completed in-season harvest log. The post-season mail survey includes
two reminders. Reported harvests will be extrapolated to represent all
permit holders based on statistical methods. Forms 3-2381-6 and 3-2381-
7 are only completed twice per year (spring and summer seasons).
Title of Collection: Alaska Migratory Bird Subsistence Harvest
Household Surveys.
OMB Control Numbers: 1018-0124.
Form Numbers: FWS Form 3-2381-1, Form 3-2381-2, Form 3-2381-3, Form
3-2381-4, Form 3-2381-5, Form 3-2381-6 (New), and Form 3-2381-7 (New).
Type of Review: Revision to a previously approved information
collection.
Respondents/Affected Public: Individuals and Tribal governments.
Total Estimated Number of Annual Respondents: 2,351.
Total Estimated Number of Annual Responses: 4,551.
Estimated Completion Time per Response: 5 minutes.
Total Estimated Number of Annual Burden Hours: 379.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
The additional information collection requirements associated with
permits and invitation letters contained in this rule identified below
require approval by OMB and assignment of a new OMB control number:
(1) Tribal or Village Council Invitation Letter: Regulations at 50
CFR 92.5(d) allow immediate family members (children, parents,
grandparents, and siblings) living in excluded areas to participate in
the customary spring-summer subsistence harvest of migratory birds in a
village's subsistence area. This letter of invitation is intended to
assist permanent residents of the village in meeting their nutritional
and other essential needs or for teaching cultural knowledge. The
regulations specify that participation of residents of excluded areas
in the spring-summer harvest of migratory birds in an eligible area
must be pre-authorized by a letter of invitation issued by a local
Tribal or Village Council within the harvest area.
(2) Tribal Council Invitation Permit: This rulemaking action
establishes a permit as another method to invite an immediate family
member residing in an excluded area to participate in the spring-summer
subsistence hunt in the Upper Copper Region. The permit, issued by the
Tribal Council or their authorized Tribal representative, certifies
that the prospective hunter is an immediate family member as defined
[[Page 20317]]
in 50 CFR 92.4 and is thereby authorized to assist family members in
hunting migratory birds in the Upper Copper River Region. The permit is
valid for 2 years from the date of issuance.
(3) Tribal Council Notifications to AMBCC: Tribal Councils will
provide a list of permittees to the Executive Director of the AMBCC.
(4) AMBCC Notification to Alaska Regional Office of Law
Enforcement: Upon receiving copies of the letters of invitation and
issued permits from Tribal and Village Councils, the AMBCC Executive
Director will inform the Service's Alaska Regional Office of Law
Enforcement (AK-OLE) within 2 business days. To date, only two letters
have been received.
(5) Kodiak Island Roaded Area Experimental Season Permit: The
Service's 2020 final rule (RIN 1018-BF12, 85 FR 73233, November 17,
2020) approved a 3-year experimental season for migratory bird hunting
and egg gathering in the Kodiak Island Roaded Area in the Kodiak
Archipelago Region (50 CFR 92.31). Harvesting in the Kodiak roaded area
requires a mandatory permit and harvest reporting. The Sun'aq Tribe of
Kodiak worked in close collaboration with the ADFG Division of
Subsistence to develop a permit and harvest monitoring system. Permits
are issued by the Sun'aq Tribe of Kodiak to individual harvesters. The
Sun'aq Tribe provide copies of issued permits to the ADFG Division of
Subsistence, which uses this information to manage the harvest
reporting system. The permit includes fields to write the permit
holder's name and mailing address as well as a field for the permit
holder to sign acknowledging the terms of the permit. The permit also
includes a map of the harvest area and description of the harvest
regulations including the list of species open to harvest. Permit data
are securely disposed of after completion of the annual harvest data
collection and analysis.
The regulation allows a 3-year experimental season (this rule
updates the seasons from 2020-2022 to 2021-2023) for migratory bird
hunting and egg gathering by registration permit along the Kodiak
Island Roaded Area in the Kodiak Archipelago Region of Alaska. The
experimental season will terminate at the completion of the third year
in 2023. Reopening the Roaded Area after the 3-year experimental period
will require a subsequent proposal for continuation of the season under
either operational or experimental status.
(6) Cordova Harvest Household Registration: The Service's final
rule that published on April 8, 2014 (79 FR 19454), authorized spring-
summer harvest of migratory birds by residents of the community of
Cordova in the Gulf of Alaska region. In 2017, the regulations were
updated to allow residents of the neighboring communities of Tatitlek
and Chenega to harvest in the area defined for the Cordova harvest (82
FR 16298, April 4, 2017). Local partners including the Eyak Tribe and
the U.S. Forest Service Chugach Subsistence Program in Cordova worked
in close collaboration with the ADFG Division of Subsistence to develop
a household registration and harvest monitoring system using a post-
season mail survey. Household registrations are issued by the Tribal
councils of the communities of Cordova, Tatitlek, and Chenega as well
as by the U.S. Forest Service Chugach Subsistence Program in Cordova.
The registration form includes fields to write the permit holder's name
and mailing address as well as a field for the permit holder to sign
acknowledging the terms of the permit. The permit also includes fields
to write the names of other household members authorized to harvest
under the registration. Registration data are securely disposed of
after completion of the annual harvest data collection and analysis.
Title of Collection: Regulations for the Taking of Migratory Birds
for Subsistence Uses in Alaska, 50 CFR part 92.
OMB Control Numbers: 1018-0178.
Form Numbers: None.
Type of Review: New.
Respondents/Affected Public: Individuals and Tribal governments.
Total Estimated Number of Annual Respondents: 234.
Total Estimated Number of Annual Responses: 234.
Estimated Completion Time per Response: Varies from 15 minutes to
30 minutes, depending on activity.
Total Estimated Number of Annual Burden Hours: 62.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
any aspect of this information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
This final rule is effective immediately upon publication, for the
reasons set forth above under Immediate Effective Date. We will,
however, accept and consider all public comments concerning the
information collection requirements received in response to this final
rule. Send your written comments and suggestions on this information
collection to the Service Information Collection Clearance Officer,
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W),
Falls Church, VA 22041-3803 (mail); or Info_Coll@fws.gov (email).
Please reference ``OMB Control Number 1018-BF08'' in the subject line
of your comments. National Environmental Policy Act Consideration (42
U.S.C. 4321 et seq.)
Implementation of the Service's 2013 supplemental environmental
impact statement on the hunting of migratory birds resulted in changes
to the overall timing of the annual regulatory schedule for the
establishment of migratory bird hunting regulations and the Alaska
migratory bird subsistence harvest regulations. The programmatic
document, ``Second Final Supplemental Environmental Impact Statement:
Issuance of Annual Regulations Permitting the Sport Hunting of
Migratory Birds (EIS 20130139),'' addresses compliance with the
National Environmental Policy Act by the Service for issuance of the
annual framework regulations for hunting of migratory game bird
species. We published a notice of availability in the Federal Register
on May 31, 2013 (78 FR 32686), and our Record of Decision on July 26,
2013 (78 FR 45376).
The annual regulations and options are considered in a January 2021
environmental assessment, ``Managing Migratory Bird Subsistence Hunting
in Alaska: Hunting Regulations for the 2021 Spring/Summer Harvest.''
Copies are available from the person listed under FOR FURTHER
INFORMATION CONTACT or at http://www.regulations.gov.
[[Page 20318]]
Energy Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This is not a
significant regulatory action under this Executive Order; it allows
only for traditional subsistence harvest and improves conservation of
migratory birds by allowing effective regulation of this harvest.
Further, this rule is not expected to significantly affect energy
supplies, distribution, or use. Therefore, a Statement of Energy
Effects is not required.
Reference Cited
Osnas, E. 2020. A simple state space model framework to predict
harvest management survey observations in 2020. USFWS, publ. analyses:
https://github.com/USFWS/StateSpace-Prediction-2020.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, we amend title 50, chapter
I, subchapter G, of the Code of Federal Regulations as follows:
PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA
0
1. The authority citation for part 92 continues to read as follows:
Authority: 16 U.S.C. 703-712.
0
2. Amend Sec. 92.5 by revising paragraphs (b)(3) and (d) to read as
follows:
Sec. 92.5 Who is eligible to participate?
* * * * *
(b) * * *
(3) The Central Interior Excluded Area comprises the following: The
Fairbanks North Star Borough and that portion of Unit 20(A) east of the
Wood River drainage and south of Rex Trail, including the upper Wood
River drainage south of its confluence with Chicken Creek; that portion
of Unit 20(C) east of Denali National Park north to Rock Creek and east
to Unit 20(A); and that portion of Unit 20(D) west of the Tanana River
between its confluence with the Johnson and Delta Rivers, west of the
east bank of the Johnson River, and north and west of the Volmar
drainage, including the Goodpaster River drainage. The following
communities are within the Excluded Area: Delta Junction/Big Delta/Fort
Greely, McKinley Park/Village, Healy, Ferry, and all residents of the
formerly named Fairbanks North Star Borough Excluded Area.
* * * * *
(d) Participation by permanent residents of excluded areas.
Immediate family members who are residents of excluded areas may
participate in the customary spring and summer subsistence harvest in a
community's subsistence area with permission of the Village or Tribal
council, whichever is appropriate, to assist indigenous inhabitants in
meeting their nutritional and other essential needs or for the teaching
of cultural knowledge using one of the following procedures:
(1) A letter of invitation will be sent by the Tribal or village
council to the hunter with a copy to the Executive Director of the Co-
management Council, who will inform the Service's Alaska Region Law
Enforcement Office and the Service's Co-management Council Coordinator
within 2 business days. The Service will then inform any affected
Federal agency when residents of excluded areas are allowed to
participate in the subsistence harvest within their Federal lands.
(2) For the Upper Copper River Region, a permit may be issued by
the Tribal Council or their authorized Tribal representative to the
invited hunter certifying that the permit holder is an immediate family
member authorized to assist eligible family members in hunting
migratory birds in the Tribe's subsistence harvest area. A permit is
valid for 2 years from date of issuance. A list of permit holders will
be sent to the Executive Director of the Co-management Council, who
will inform the Service's Alaska Region Office of Law Enforcement and
the Service's Co-management Council Coordinator within 2 business days.
The Service will then inform any affected Federal agency when residents
of excluded areas are allowed to participate in the subsistence harvest
within their Federal lands.
0
3. Amend Sec. 92.22 by revising paragraphs (a) through (l) and adding
paragraph (m) to read as follows:
Sec. 92.22 Subsistence migratory bird species.
* * * * *
(a) Family Anatidae.
(1) Emperor Goose (Anser canagicus)--except no egg gathering is
permitted.
(2) Snow Goose (Anser caerulescens).
(3) Greater White-fronted Goose (Anser albifrons).
(4) Brant (Branta bernicla)--except no egg gathering is permitted
in the Yukon/Kuskokwim Delta and the North Slope regions.
(5) Cackling Goose (Branta hutchinsii)--except in the Semidi
Islands.
(6) Canada Goose (Branta canadensis).
(7) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and 10.
(8) Blue-winged Teal (Spatula discors).
(9) Northern Shoveler (Spatula clypeata).
(10) Gadwall (Mareca strepera).
(11) Eurasian Wigeon (Mareca penelope).
(12) American Wigeon (Mareca americana).
(13) Mallard (Anas platyrhynchos).
(14) Northern Pintail (Anas acuta).
(15) Green-winged Teal (Anas crecca).
(16) Canvasback (Aythya valisineria).
(17) Redhead (Aythya americana).
(18) Ring-necked Duck (Aythya collaris).
(19) Greater Scaup (Aythya marila).
(20) Lesser Scaup (Aythya affinis).
(21) King Eider (Somateria spectabilis).
(22) Common Eider (Somateria mollissima).
(23) Harlequin Duck (Histrionicus histrionicus).
(24) Surf Scoter (Melanitta perspicillata).
(25) White-winged Scoter (Melanitta deglandi).
(26) Black Scoter (Melanitta americana).
(27) Long-tailed Duck (Clangula hyemalis).
(28) Bufflehead (Bucephala albeola).
(29) Common Goldeneye (Bucephala clangula).
(30) Barrow's Goldeneye (Bucephala islandica).
(31) Hooded Merganser (Lophodytes cucullatus).
(32) Common Merganser (Mergus merganser).
(33) Red-breasted Merganser (Mergus serrator).
(b) Family Podicipedidae. (1) Horned Grebe (Podiceps auritus).
(2) Red-necked Grebe (Podiceps grisegena).
(c) Family Gruidae. (1) Sandhill Crane (Antigone canadensis).
(2) [Reserved]
(d) Family Haematopodidae. (1) Black Oystercatcher (Haematopus
bachmani).
(2) [Reserved]
(e) Family Charadriidae. (1) Black-bellied Plover (Pluvialis
squatarola).
(2) Common Ringed Plover (Charadrius hiaticula).
(f) Family Scolopacidae. (1) Bar-tailed Godwit (Limosa lapponica).
(2) Ruddy Turnstone (Arenaria interpres).
(3) Sharp-tailed Sandpiper (Calidris acuminata).
[[Page 20319]]
(4) Dunlin (Calidris alpina).
(5) Baird's Sandpiper (Calidris bairdii).
(6) Least Sandpiper (Calidris minutilla).
(7) Semipalmated Sandpiper (Calidris pusilla).
(8) Western Sandpiper (Calidris mauri).
(9) Long-billed Dowitcher (Limnodromus scolopaceus).
(10) Common Snipe (Gallinago gallinago).
(11) Wilson's Snipe (Gallinago delicata).
(12) Spotted Sandpiper (Actitis macularius).
(13) Lesser Yellowlegs (Tringa flavipes).
(14) Greater Yellowlegs (Tringa melanoleuca).
(15) Red-necked Phalarope (Phalaropus lobatus).
(16) Red Phalarope (Phalaropus fulicarius).
(g) Family Stercorariidae. (1) Pomarine Jaeger (Stercorarius
pomarinus).
(2) Parasitic Jaeger (Stercorarius parasiticus).
(3) Long-tailed Jaeger (Stercorarius longicaudus).
(h) Family Alcidae. (1) Common Murre (Uria aalge).
(2) Thick-billed Murre (Uria lomvia).
(3) Black Guillemot (Cepphus grylle).
(4) Pigeon Guillemot (Cepphus columba).
(5) Cassin's Auklet (Ptychoramphus aleuticus).
(6) Parakeet Auklet (Aethia psittacula).
(7) Least Auklet (Aethia pusilla).
(8) Whiskered Auklet (Aethia pygmaea).
(9) Crested Auklet (Aethia cristatella).
(10) Rhinoceros Auklet (Cerorhinca monocerata).
(11) Horned Puffin (Fratercula corniculata).
(12) Tufted Puffin (Fratercula cirrhata).
(i) Family Laridae. (1) Black-legged Kittiwake (Rissa tridactyla).
(2) Red-legged Kittiwake (Rissa brevirostris).
(3) Ivory Gull (Pagophila eburnea).
(4) Sabine's Gull (Xema sabini).
(5) Bonaparte's Gull (Chroicocephalus philadelphia).
(6) Mew Gull (Larus canus).
(7) Herring Gull (Larus argentatus).
(8) Slaty-backed Gull (Larus schistisagus).
(9) Glaucous-winged Gull (Larus glaucescens).
(10) Glaucous Gull (Larus hyperboreus).
(11) Aleutian Tern (Onychoprion aleuticus).
(12) Arctic Tern (Sterna paradisaea).
(j) Family Gaviidae. (1) Red-throated Loon (Gavia stellata).
(2) Arctic Loon (Gavia arctica).
(3) Pacific Loon (Gavia pacifica).
(4) Common Loon (Gavia immer).
(5) Yellow-billed Loon (Gavia adamsii)--In the North Slope Region
only, a total of up to 20 yellow-billed loons inadvertently caught in
fishing nets may be kept for subsistence purposes.
(k) Family Procellariidae. (1) Northern Fulmar (Fulmarus
glacialis).
(2) [Reserved]
(l) Family Phalacrocoracidae. (1) Double-crested Cormorant
(Phalacrocorax auritus).
(2) Pelagic Cormorant (Phalacrocorax pelagicus).
(m) Family Strigidae. (1) Great Horned Owl (Bubo virginianus).
(2) Snowy Owl (Bubo scandiacus).
0
4. Amend Sec. 92.31 by revising paragraph (e) to read as follows:
Sec. 92.31 Region-specific regulations.
* * * * *
(e) Kodiak Archipelago region. The Kodiak Island Roaded Area is
open to the harvesting of migratory birds and their eggs by
registration permit only as administered by the Alaska Department of
Fish and Game, Division of Subsistence, in cooperation with the Sun'aq
Tribe of Kodiak. No hunting or egg gathering for Arctic terns, Aleutian
terns, mew gulls, and emperor geese is allowed for the Kodiak Island
Roaded Area Registration Permit Hunt. The Kodiak Island Roaded Area
consists of that portion of Kodiak Island (including exposed tidelands)
south of a line from Termination Point along the north side of Cascade
Lake to Anton Larsen Bay and east of a line from Crag Point to the west
end of Saltery Cove. Marine waters adjacent to the Kodiak Island Roaded
Area within 500 feet from the water's edge are included in the Kodiak
Island Roaded Area. The Kodiak Island Roaded Area does not include
islands offshore of Kodiak Island. A registration permit is not
required to hunt on lands and waters outside the Kodiak Island Roaded
Area.
* * * * *
Shannon A. Estenoz,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Delegated Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2021-07899 Filed 4-16-21; 8:45 am]
BILLING CODE 4333-15-P