[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Proposed Rules]
[Pages 76362-76368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-27776]
[[Page 76361]]
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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 2005 Season; Proposed Rule
Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 /
Proposed Rules
[[Page 76362]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
RIN 1018-AT77
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2005 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) is
proposing migratory bird subsistence harvest regulations in Alaska for
the 2005 season. This proposed rule would establish regulations that
prescribe frameworks, or outer limits, for dates when harvesting of
birds may occur, species that can be taken, and methods and means that
would be excluded from use. These regulations were developed under a
co-management process involving the Service, the Alaska Department of
Fish and Game, and Alaska Native representatives. These regulations are
intended to provide a framework to enable the continuation of customary
and traditional subsistence uses of migratory birds in Alaska. The
rulemaking is necessary because the regulations governing the
subsistence harvest of migratory birds in Alaska are subject to annual
review. This rulemaking proposes regulations that start on April 2,
2005, and expire on August 31, 2005, for the subsistence harvest of
migratory birds in Alaska.
DATES: You must submit comments on the proposed subsistence harvest
regulations for migratory birds in Alaska by February 18, 2005.
ADDRESSES: Send your comments on this proposed rule to the Regional
Director, Alaska Region, U.S. Fish and Wildlife Service, 1011 E. Tudor
Road, Anchorage, AK 99503, or fax to (907) 786-3306 or e-mail to
ambcc@fws.gov.
FOR FURTHER INFORMATION CONTACT: Fred Armstrong, (907) 786-3887, or
Donna Dewhurst, (907) 786-3499, U.S. Fish and Wildlife Service, 1011 E.
Tudor Road, Mail Stop 201, Anchorage, AK 99503.
SUPPLEMENTARY INFORMATION:
Background
What Events Led to This Action?
In 1916, the United States and Great Britain (on behalf of Canada)
signed the Convention for the Protection of Migratory Birds in Canada
and the United States (Canada Treaty). The treaty prohibited all
commercial bird hunting and specified a closed season on the taking of
migratory game birds between March 10 and September 1 of each year. In
1936, the United States and Mexico signed the Convention for the
Protection of Migratory Birds and Game Mammals (Mexico Treaty). The
Mexico treaty prohibited the taking of wild ducks between March 10 and
September 1. Neither treaty allowed adequately for the traditional
harvest of migratory birds by northern peoples during the spring and
summer months. This harvest, which has occurred for centuries, was and
is necessary to the subsistence way of life in the north and thus
continued despite the closed season.
The Canada treaty and the Mexico treaty, as well as migratory bird
treaties with Japan (1972) and Russia (1976), have been implemented in
the United States through the Migratory Bird Treaty Act (MBTA). The
courts have ruled that the MBTA prohibits the Federal Government from
permitting any harvest of migratory birds that is inconsistent with the
terms of any of the migratory bird treaties. The more restrictive terms
of the Canada and Mexico treaties thus prevented the Federal Government
from permitting the traditional subsistence harvest of migratory birds
during spring and summer in Alaska. To remedy this situation, the
United States negotiated Protocols amending both the Canada and Mexico
treaties to allow for subsistence harvest of migratory birds by
indigenous inhabitants of identified subsistence harvest areas in
Alaska. The U.S. Senate approved the amendments to both treaties in
1997.
What Has the Amended Treaty Accomplished?
The major goals of the amended treaty with Canada were to allow
traditional subsistence harvest and improve conservation of migratory
birds by allowing effective regulation of this harvest.
The amended treaty with Canada provides a means to allow permanent
residents of villages within subsistence harvest areas, regardless of
race, to continue harvesting migratory birds between March 10 and
September 1 as they have done for thousands of years. The Letter of
Submittal of May 20, 1996, from the Department of State to the White
House that officially accompanied the treaty protocol set the
geographic baseline with lands north and west of the Alaska Range and
within the Alaska Peninsula, Kodiak Archipelago, and the Aleutian
Islands as the initial subsistence harvest areas.
What Has the Service Accomplished Since Ratification of the Amended
Treaty?
In 1998, we began a public involvement process to determine how to
structure management bodies to provide the most effective and efficient
involvement for subsistence users. This process was concluded on March
28, 2000, when we published in the Federal Register (65 FR 16405) the
Notice of Decision: ``Establishment of Management Bodies in Alaska to
Develop Recommendations Related to the Spring/Summer Subsistence
Harvest of Migratory Birds.'' This notice described the establishment
and organization of 12 regional management bodies plus the Alaska
Migratory Bird Co-management Council (Co-management Council).
Establishment of a migratory bird subsistence harvest began on
August 16, 2002, when we published in the Federal Register (67 FR
53511) a final rule at 50 CFR part 92 that set procedures for
incorporating subsistence management into the continental migratory
bird management program. These regulations established an annual
procedure to develop harvest guidelines to implement a subsistence
migratory bird harvest.
The next step established the first subsistence migratory bird
harvest system. This was finalized on July 21, 2003, when we published
in the Federal Register (68 FR 43010) a final rule at 50 CFR parts 20,
21 and 92 that created the first annual harvest regulations for the
2003 subsistence migratory bird season in Alaska. These annual
frameworks were not intended to be a complete, all-inclusive set of
regulations, but were intended to regulate continuation of customary
and traditional subsistence uses of migratory birds in Alaska during
the spring and summer. See the August 16, 2002, July 21, 2003, and
April 2, 2004, final rules for additional background information on the
subsistence harvest program for migratory birds in Alaska.
This current rulemaking is necessary because the migratory bird
harvest season is closed unless opened and the regulations governing
subsistence harvest of migratory birds in Alaska are subject to public
review and annual approval. The Co-management Council held a meeting in
April 2004, to develop recommendations for changes effective for the
2005 harvest season. These recommendations were presented to the
Service Regulations Committee (SRC) on July 28 and 29, 2004, for
action.
[[Page 76363]]
This rule proposes regulations for the taking of migratory birds
for subsistence uses in Alaska during 2005. This rule proposes to list
migratory bird species that are open or closed to harvest, as well as
season openings and closures by region. It also proposes minor changes
in the methods and means of taking migratory birds for subsistence
purposes. We propose to amend 50 CFR 92.5 by adding three new
communities to the list of included areas, and to add corresponding
harvest areas and season dates to 50 CFR 92.33.
How Will the Service Continue To Ensure That the Subsistence Harvest
Will Not Raise Overall Migratory Bird Harvest?
The Service has an emergency closure provision (Sec. 92.21), so
that if any significant increases in harvest are documented for one or
more species in a region, an emergency closure can be requested and
implemented. 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 (Sec.
92.5). These geographical restrictions opened the initial subsistence
migratory bird harvest to only about 13 percent of Alaska residents.
High-population 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 the
eligible subsistence harvest areas.
Based on petitions requesting inclusion in the harvest, in 2004, we
added 13 additional communities based on the five criteria set forth in
Sec. 92.5(c). These communities included: Gulkana, Gakona, Tazlina,
Copper Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega,
Port Graham and Nanwalek, Tyonek and Hoonah, populations totaling
2,766. For 2005, we propose to add three additional communities for
glaucous-winged gull egg gathering only. These southeastern communities
include Craig, Hydaburg, and Yakutat, with a combined population of
2,459. These new regions would increase the percentage of the State
population included in the subsistence bird harvest only to 14 percent.
Subsistence harvest has been monitored for the past 15 years
through the use of annual household surveys in the most heavily used
subsistence harvest areas, e.g., Yukon-Kuskokwim Delta. Continuation of
this monitoring would enable tracking of any major changes or trends in
levels of harvest and user participation after legalization of the
harvest. In the March 3, 2003, Federal Register (68 FR 10024), we
published a notice of intent to submit the Alaska Subsistence Household
Survey Information Collection Forms to the Office of Management and
Budget (OMB) for approval under the Paperwork Reduction Act, with a
subsequent 60-day public comment period. In the July 31, 2003, Federal
Register (68 FR 44961), we published a notice that the Alaska
Subsistence Harvest Survey Information Collection Forms were submitted
to OMB for approval under the Paperwork Reduction Act, with a 30-day
public comment period. OMB approved the information collection on
October 2, 2003, and assigned OMB control number 1018-0124, which
expires on October 31, 2006.
How Did the Service Develop the Methods and Means Prohibitions, and
What Is Proposed To Change for 2005?
In development of the initial regulations (68 FR 6697), the Co-
management Council encouraged the Service to adopt the existing methods
and means prohibitions that occur in the Federal (50 CFR 20.21) and
Alaska (5AAC92.100) migratory bird hunting regulations. We included
some exceptions to the Federal regulations in the initial regulations
and include some in this proposed rule to allow the continuation of
customary and traditional spring harvest methods, but not the creation
of new proposed traditions. In this proposed rule, we have incorporated
the Bering Strait/Norton Sound region's request to add St. Lawrence
Island to the list of areas where an exception allows the use of live
decoys to harvest auklets.
How Did the Service Decide the List of Birds Open To Harvest and What
Is Proposed To Change for 2005?
The Service believes it is necessary to develop a list of bird
species that would be open to subsistence harvest. The original list
was compiled from subsistence harvest data, with several species added
based on their presence in Alaska. The original intent was for the list
to be reviewed by the regional management bodies as a check list. The
list was adopted by the Co-management Council as part of the guidelines
for the 2003 season. Most of the regions adopted the list as written;
however, two regions created their own lists. One regional
representative explained that it would take much more time than was
available for his region to reduce the list and that, once a bird was
removed, returning it to the list would be more difficult later. Going
with the original list was viewed as protecting hunters from
prosecution for the take of an unlisted bird. To understand this
rationale, one must be aware that subsistence hunting is generally
opportunistic and does not usually target individual species. Native
language names for birds often group closely related species, with no
separate names for species within these groups. Also, preferences for
individual species differ greatly between villages and individual
hunters. As a result, regions are hesitant to remove birds from the
list open to harvest until they are certain the species are not taken
for subsistence use. The list therefore contains some species that are
taken infrequently and opportunistically, but this is still part of the
subsistence tradition. The Co-management Council initially decided to
call this list ``potentially harvested birds'' versus ``traditionally
harvested birds'' because a detailed written documentation of the
customary and traditional use patterns for the species listed had not
yet been conducted. However, this terminology was leading to some
confusion, so the Service renamed the list ``subsistence birds'' to
cover the birds open to harvest.
The ``customary and traditional use'' of a wildlife species has
been defined in Federal regulations (50 CFR 100.4) as a long-
established, consistent pattern of use, incorporating beliefs and
customs that have been transmitted from generation to generation. Much
of the customary and traditional use information has not been
documented in written form, but exists in the form of oral histories
from elders, traditional stories, harvest methods taught to children,
and traditional knowledge of the birds' natural history shared within a
village or region. The primary source of quantitative data on customary
and traditional use of the harvested bird species comes from Alaska
subsistence migratory bird harvest surveys conducted by Service
personnel and contractors and transferred to a computerized database.
Because of difficulties in bird species identification, shorebird
harvest information has been lumped into ``large shorebird'' and
``small shorebird'' categories. In reality, Alaska subsistence harvests
are also conducted in this manner, generally with no targeting or even
recognition of individual shorebird species in most cases.
Based on conservation concerns, we propose to close the harvest of
tundra swans in Units 9(D) and 10 starting in 2005. This decision was
made to protect a small resident population segment of
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fewer than 500 tundra swans in the Izembek National Wildlife Refuge
area. This small segment of the Pacific population is nonmigratory and
appears to be morphologically distinct. Breeding pair surveys indicate
that the local population has declined steadily over the past two
decades and recruitment into the population is low.
At the request of the North Slope Borough Fish and Game Management
Committee, the Co-Management Council recommended adding a provision to
allow subsistence use of yellow-billed loons inadvertently caught in
subsistence fishing (gill) nets on the North Slope. Justification given
by the proponent was that yellow-billed loons are culturally important
for the Inupiat Eskimo of the North Slope for use in traditional dance
regalia. The Service Regulations Committee met on July 29, 2004, and
proposed to set a maximum of 20 yellow-billed loons inadvertently
caught annually in the North Slope Region. Individual reporting to the
North Slope Borough Department of Wildlife will be required by the end
of the season. In addition, the North Slope Borough is planning to ask
fishermen, through announcements on the radio and through personal
contact, to report all entanglements of loons to better estimate the
levels of injury or mortality caused by gill nets. This provision to
allow subsistence possession and use of yellow-billed loons caught in
fishing gill nets is subject to annual review and renewal as part of
Subpart D--Annual Regulations Governing Subsistence Harvest.
How Does the Service Address the Birds of Conservation Concern Relative
to the Subsistence Harvest?
Birds of Conservation Concern (BCC) 2002 is the latest document in
a continuing effort by the Service to assess and prioritize bird
species for conservation purposes. It was published in the Federal
Register on February 6, 2003 (68 FR 6179). The BCC list identifies bird
species at risk because of inherently small populations, restricted
ranges, severe population declines, or imminent threats. The species
listed need increased conservation attention to maintain or stabilize
populations. The legal authority for this effort is the Fish and
Wildlife Conservation Act (FWCA) of 1980, as amended. Section 13(a)(3)
of the FWCA, 16 U.S.C. 2912(a)(3), requires the Secretary of the
Interior through the Service, to ``identify species, subspecies and
populations of all migratory nongame birds that, without additional
conservation actions, are likely to become candidates for listing under
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543).''
The Co-management Council will continually review the list of
subsistence birds. As appropriate, the Council will elevate hunter
awareness of species that may have small or declining populations in an
effort to directly involve subsistence hunters in conserving these
vulnerable species.
Public Comments Solicited
The Department of the Interior's policy is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. If you wish to comment, you may submit comments by any one of
several methods. You may mail, fax, or hand-deliver comments to the
address indicated under the caption ADDRESSES.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home addresses from the rulemaking record, which we will honor to
the extent allowable by law. In some circumstances, we will also
withhold from the rulemaking record a respondent's identity, as
allowable by law. If you wish us to withhold your name and/or address,
you must state this prominently at the beginning of your comment.
However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety. You
may inspect comments received on the proposed regulations during normal
business hours at the Service's office in Anchorage, Alaska.
In developing the final rule, we will consider each comment
received during the public comment period. In the final rule, we may
not respond in detail to each comment received during the comment
period, but we will summarize all comments received and respond to
them.
Statutory Authority
We derive our authority to issue these regulations from the four
migratory bird treaties with Canada, Mexico, Japan and Russia and from
the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 et seq.), that
implements these treaties. Specifically, these regulations are issued
pursuant to 16 U.S.C. 712 (1), which authorizes the Secretary of the
Interior, in accordance with these four treaties, 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.''
Executive Order 12866
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following:
(1) Are the requirements in the rule clearly stated?
(2) Does the rule contain technical language or jargon that
interferes with its clarity?
(3) Does the format of the rule (grouping and order of sections,
use of headings, paragraphing, etc.) aid or reduce its clarity?
(4) Would the rule be easier to understand if it were divided into
more (but shorter) sections?
(5) Is the description of the rule in the ``Supplementary
Information'' section of the preamble helpful in understanding the
rule?
(6) What else could we do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street NW., Washington, DC 20240.
You may also e-mail the comments to this address: Exsec@ios.doi.gov.
The Office of Management and Budget (OMB) has determined that this
document is not a significant rule subject to OMB review under
Executive Order 12866.
a. This rule will not have an annual economic effect of $100
million or more or adversely affect an economic sector, productivity,
jobs, the environment, or other units of government. The rule does not
provide for new or additional hunting opportunities and therefore will
have minimal economic or environmental impact. This rule benefits those
participants who engage in the subsistence harvest of migratory birds
in Alaska in two identifiable ways: First, participants receive the
consumptive value of the birds harvested; and second, participants get
the cultural benefit associated with the maintenance of a subsistence
economy and way of life. The Service can estimate the consumptive value
for birds harvested under this rule but does not have a dollar value
for the cultural
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benefit of maintaining a subsistence economy and way of life.
The economic value derived from the consumption of the harvested
migratory birds has been estimated using the results of a paper by
Robert J. Wolfe titled ``Subsistence Food Harvests in Rural Alaska, and
Food Safety Issues'' (August 13, 1996). Using data from Wolfe's paper
and applying it to the areas that will be included in this process, we
determined a maximum economic value of $6 million. This is the
estimated economic benefit of the consumptive part of this rule for
participants in subsistence hunting. The cultural benefits of
maintaining a subsistence economy and way of life can be of
considerable value to the participants, and these benefits are not
included in this figure.
b. This rule will not create inconsistencies with other agencies'
actions. We are the Federal agency responsible for the management of
migratory birds, coordinating with the State of Alaska's Department of
Fish and Game on management programs within Alaska. The State of Alaska
is a member of the Alaska Migratory Bird Co-management Council.
c. This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
The rule does not affect entitlement programs.
d. This rule will not raise novel legal or policy issues. The
subsistence harvest regulations will go through the same National
regulatory process as the existing migratory bird hunting regulations
in 50 CFR part 20.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). An initial regulatory flexibility analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required. The rule
legalizes a pre-existing subsistence activity, and the resources
harvested will be consumed by the harvesters or persons within their
local community.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act, as discussed in the
Executive Order 12866 section above.
a. This rule does not have an annual effect on the economy of $100
million or more. It will legalize and regulate a traditional
subsistence activity. It will not result in a substantial increase in
subsistence harvest or a significant change in harvesting patterns. The
commodities being regulated under this rule are migratory birds. This
rule deals with legalizing the subsistence harvest of migratory birds
and, as such, does not involve commodities traded in the marketplace. A
small economic benefit from this rule derives from the sale of
equipment and ammunition to carry out subsistence hunting. Most, if not
all, businesses that sell hunting equipment in rural Alaska would
qualify as small businesses. We have no reason to believe that this
rule will lead to a disproportionate distribution of benefits.
b. This rule will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule does not deal with traded
commodities and, therefore, does not have an impact on prices for
consumers.
c. This rule does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This rule deals with the harvesting of wildlife for
personal consumption. It does not regulate the marketplace in any way
to generate effects on the economy or the ability of businesses to
compete.
Unfunded Mandates Reform Act
We have determined and certified pursuant to 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. A statement containing the
information required by this Act is therefore not necessary.
Participation on regional management bodies and the Co-management
Council will require travel expenses for some Alaska Native
organizations and local governments. In addition, they will assume some
expenses related to coordinating involvement of village councils in the
regulatory process. Total coordination and travel expenses for all
Alaska Native organizations are estimated to be less than $300,000 per
year. In the Notice of Decision (65 FR 16405, March 28, 2000) we
identified 12 partner organizations (Alaska Native non-profits and
local governments) to be responsible for administering the regional
programs. The Alaska Department of Fish and Game will also incur
expenses for travel to Co-management Council and regional management
body's meetings. In addition, the State of Alaska will be required to
provide technical staff support to each of the regional management
bodies and to the Co-management Council. Expenses for the State's
involvement may exceed $100,000 per year, but should not exceed
$150,000 per year. When funding permits, we make annual grant
agreements available to the partner organizations and the Alaska
Department of Fish and Game to help offset their expenses.
Paperwork Reduction Act
This rule has been examined under the Paperwork Reduction Act of
1995 and has been found to contain no information collection
requirements. We have, however, received OMB approval of associated
voluntary annual household surveys used to determine levels of
subsistence take. The OMB control number for the information collection
is 1018-0124, which expires on October 31, 2006. 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.
Federalism Effects
As discussed in the Executive Order 12866 and Unfunded Mandates
Reform Act sections above, this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment under Executive Order 13132. We worked with the State of
Alaska on development of these regulations.
Civil Justice Reform--Executive Order 12988
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and that it meets the requirements of Section 3 of the
Order.
Takings Implication Assessment
This rule is not specific to particular land ownership, but applies
to the harvesting of migratory bird resources throughout Alaska.
Therefore, in accordance with Executive Order 12630, this rule does not
have significant takings implications.
Government-to-Government Relations With Native American Tribal
Governments
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations With Native American Tribal
Governments'' (59 FR 22951), and Executive Order 13175 (65 FR 67249,
[[Page 76366]]
November 6, 2000), concerning consultation and coordination with Indian
Tribal Governments, we have consulted with Alaska tribes and evaluated
the rule for possible effects on tribes or trust resources, and have
determined that there are no significant effects. The rule will legally
recognize the subsistence harvest of migratory birds and their eggs for
tribal members, as well as for other indigenous inhabitants.
Endangered Species Act Consideration
Prior to issuance of annual spring and summer subsistence
regulations, we will consider provisions of the Endangered Species Act
of 1973, as amended, (16 U.S.C. 1531-1543; hereinafter the Act) to
ensure that harvesting 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 it is consistent with
conservation programs for those species. Consultations under Section 7
of this Act conducted in connection with the environmental assessment
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 for public inspection at
the address indicated under the caption ADDRESSES.
National Environmental Policy Act Consideration
The annual regulations and options were considered in the
Environmental Assessment, ``Managing Migratory Bird Subsistence Hunting
in Alaska: Hunting Regulations for the First Legal Spring/Summer
Harvest in 2005,'' issued August 15, 2004. Copies are available from
the address indicated under the caption ADDRESSES.
Energy Supply, Distribution, or Use (Executive Order 13211)
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. Because this rule only
allows for traditional subsistence harvest and improves conservation of
migratory birds by allowing effective regulation of this harvest, it is
not a significant regulatory action under Executive Order 12866.
Consequently it is not expected to significantly affect energy
supplies, distribution and 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
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Subsistence, Treaties, Wildlife.
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. In subpart A, amend Sec. 92.5 by revising paragraph (a)(2)
introductory text and adding paragraph (a)(3) to read as follows:
Sec. 92.5 Who is eligible to participate?
* * * * *
(a) * * *
(2) Based on petitions for inclusion recommended by the Co-
management Council in 2003, the Service added the following communities
to the included areas under this part starting in the 2004 harvest
season:
* * * * *
(3) Based on petitions for inclusion recommended by the Co-
management Council in 2004, the Service is adding the following
communities to the included areas under this part starting in the 2005
harvest season:
(i) Southeast Region--Craig, Hydaburg and Yakutat.
(ii) [Reserved.]
Subpart C--General Regulations Governing Subsistence Harvest
3. In subpart C, amend Sec. 92.20 by revising paragraph (d) to
read as follows:
Sec. 92.20 Methods and means.
* * * * *
(d) Taking waterfowl and other species using live birds as decoys,
except for auklets on Diomede and St. Lawrence islands (Use of live
birds as decoys is a customary and traditional means of harvesting
auklets on Diomede and St. Lawrence islands.);
* * * * *
Subpart D--Annual Regulations Governing Subsistence Harvest
4. In Subpart D, add Sec. Sec. 92.31 through 92.33 to read as
follows:
Sec. 92.31 Migratory bird species not authorized for subsistence
harvest.
(a) You may not harvest birds or gather eggs from the following
species:
(1) Spectacled Eider Somateria fischeri).
(2) Steller's Eider Polysticta stelleri).
(3) Emperor Goose Chen canagica).
(4) Aleutian Cackling Goose Branta hutchinsii leucopareia)--Semidi
Islands only.
(5) Tundra Swan Cygnus columbianus)--Units 9(D) and 10 only.
(6) Yellow-billed Loon Gavia adamsii)--except North Slope Region.
(Requirements for harvest and reporting are described in Sec.
92.33(g)(4).).
(b) In addition, you may not gather eggs from the following
species:
(1) Cackling Goose Branta hutchinsii minima).
(2) Black Brant Branta bernicla nigricans)--in the Yukon/Kuskokwim
Delta and North Slope regions only.
Sec. 92.32 Subsistence migratory bird species.
You may harvest birds or gather eggs from the following species,
listed in taxonomic order, within all included regions. When birds are
listed only to the species level, all subspecies existing in Alaska are
open to harvest.
(a) Family Anatidae
(1) Greater White-fronted Goose (Anser albifrons).
(2) Snow Goose (Chen caerulescens).
(3) Black Brant (Branta bernicla nigricans)--except no egg
gathering is permitted in the Yukon/Kuskokwim Delta and the North
Slope regions.
(4) Taverner's Cackling Goose (Branta hutchinsii taverneri).
(5) Aleutian Cackling Goose (Branta hutchinsii leucopareia)--
except in the Semidi Islands.
(6) Cackling Goose (Branta hutchinsii minima)--except no egg
gathering is permitted.
(7) Lesser Canada Goose (Branta canadensis parvipes).
(8) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and
10.
(9) Gadwall (Anas strepera).
(10) Eurasian Wigeon (Anas penelope).
(11) American Wigeon (Anas americana).
(12) Mallard (Anas platyrhynchos).
(13) Blue-winged Teal (Anas discors).
(14) Northern Shoveler (Anas clypeata).
(15) Northern Pintail (Anas acuta).
(16) Green-winged Teal (Anas crecca).
(17) Canvasback (Aythya valisineria).
(18) Redhead (Aythya americana).
(19) Ring-necked Duck (Aythya collaris).
(20) Greater Scaup (Aythya marila).
(21) Lesser Scaup (Aythya affinis).
(22) King Eider (Somateria spectabilis).
(23) Common Eider (Somateria mollissima).
(24) Harlequin Duck (Histrionicus histrionicus).
(25) Surf Scoter (Melanitta perspicillata).
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(26) White-winged Scoter (Melanitta fusca).
(27) Black Scoter (Melanitta nigra).
(28) Long-tailed Duck (Clangula hyemalis).
(29) Bufflehead (Bucephala albeola).
(30) Common Goldeneye (Bucephala clangula).
(31) Barrow's Goldeneye (Bucephala islandica).
(32) Hooded Merganser (Lophodytes cucullatus).
(33) Common Merganser (Mergus merganser).
(34) Red-breasted Merganser (Mergus serrator).
(b) 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)--North Slope Region only.
(Requirements for harvest and reporting are described in Sec.
92.33(g)(4).).
(c) Family Podicipedidae
(1) Horned Grebe (Podiceps auritus).
(2) Red-necked Grebe (Podiceps grisegena).
(d) Family Procellariidae
(1) Northern Fulmar (Fulmarus glacialis).
(2) [Reserved].
(e) Family Phalacrocoracidae
(1) Double-crested Cormorant (Phalacrocorax auritus).
(2) Pelagic Cormorant (Phalacrocorax pelagicus).
(f) Family Gruidae
(1) Sandhill Crane (Grus canadensis).
(2) [Reserved].
(g) Family Charadriidae
(1) Black-bellied Plover (Pluvialis squatarola).
(2) Common Ringed Plover (Charadrius hiaticula).
(h) Family Haematopodidae
(1) Black Oystercatcher (Haematopus bachmani).
(2) [Reserved].
(i) Family Scolopacidae.
(1) Greater Yellowlegs (Tringa melanoleuca).
(2) Lesser Yellowlegs (Tringa flavipes).
(3) Spotted Sandpiper (Actitis macularia).
(4) Bar-tailed Godwit (Limosa lapponica).
(5) Ruddy Turnstone (Arenaria interpres).
(6) Semipalmated Sandpiper (Calidris pusilla).
(7) Western Sandpiper (Calidris mauri).
(8) Least Sandpiper (Calidris minutilla).
(9) Baird's Sandpiper (Calidris bairdii).
(10) Sharp-tailed Sandpiper (Calidris acuminata).
(11) Dunlin (Calidris alpina).
(12) Long-billed Dowitcher (Limnodromus scolopaceus).
(13) Common Snipe (Gallinago gallinago).
(14) Red-necked phalarope (Phalaropus lobatus).
(15) Red phalarope (Phalaropus fulicaria).
(j) Family Laridae.
(1) Pomarine Jaeger (Stercorarius pomarinus).
(2) Parasitic Jaeger (Stercorarius parasiticus).
(3) Long-tailed Jaeger (Stercorarius longicaudus).
(4) Bonaparte's Gull (Larus philadelphia).
(5) Mew Gull (Larus canus).
(6) Herring Gull (Larus argentatus).
(7) Slaty-backed Gull (Larus schistisagus).
(8) Glaucous-winged Gull (Larus glaucescens).
(9) Glaucous Gull (Larus hyperboreus).
(10) Sabine's Gull (Xema sabini).
(11) Black-legged Kittiwake (Rissa tridactyla).
(12) Red-legged Kittiwake (Rissa brevirostris).
(13) Ivory Gull (Pagophila eburnea).
(14) Arctic Tern (Sterna paradisaea).
(15) Aleutian Tern (Sterna aleutica).
(k) 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).
(l) Family Strigidae
(1) Great Horned Owl (Bubo scandiacus).
(2) Snowy Owl (Nyctea scandiaca).
Sec. 92.33 Region-specific regulations.
The 2005 season dates for the eligible subsistence regions 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.
(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 Alaska
Regional Director or his designee, after consultation with local
subsistence users and the region's Waterfowl Conservation Committee.
This 30-day period will occur between June 1 and August 15 of each
year. A press release announcing the actual closure dates will be
forwarded to regional newspapers and radio and television stations and
posted in village post offices and stores.
(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, is open to the harvesting of migratory birds and their eggs. The
closed area consists of all lands and waters (including exposed
tidelands) east of a line extending from Crag Point in the north to the
west end of Saltery Cove in the south and all lands and water south of
a line extending from Termination Point along the north side of Cascade
Lake extending to Anton Larson Bay. Waters adjacent to the closed area
are closed to harvest within 500 feet from the water's edge. The
offshore islands are open to harvest.
(1) Season: April 2-June 20 and July 22-August 31, egg gathering:
May 1-June 20.
(2) Closure: June 21-July 21.
(f) Northwest Arctic Region.
(1) Season: April 2-August 31 (in general); waterfowl egg gathering
May 20-June 9; seabird egg gathering July 3-July 12; molting/non-
nesting waterfowl July 1-July 31.
(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' S and
south of the latitude line 70[deg]45' E to west bank of the Ikpikpuk
River, and everything south of the latitude line 69[deg]45' E 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
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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.
(2) Northern Unit (At Peard Bay, everything east of the longitude
line 158[deg]30' S and north of the latitude line 70[deg]45' E to west
bank of the Ikpikpuk River, and everything north of the latitude line
69[deg]45' E 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 and April 2-June 15 and July 16-August 31 for all other birds.
(ii) Closure: June 7-July 6 for king and common eiders and 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 may be caught inadvertently in subsistence fishing nets in
the North Slope Region and kept for subsistence use. Individuals must
report each yellow-billed loon inadvertently caught while subsistence
gill net fishing to the North Slope Borough Department of Wildlife
Management by the end of the season.
(h) Interior Region.
(1) Season: April 2-June 14 and July 16-August 31; egg gathering
May 1-June 14.
(2) Closure: June 15-July 15.
(i) Upper Copper River (Harvest Area: State of Alaska Game
Management Units 11 and 13) (Eligible communities: Gulkana, Chitina,
Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina and
Cantwell).
(1) Season: April 15-May 26 and June 27-August 31.
(2) Closure: May 27-June 26.
(3) The Copper River Basin communities listed in this paragraph
also documented traditional use harvesting birds in Unit 12, making
them eligible to hunt in this unit using the seasons specified in
paragraph (h)(i) 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
in this paragraph (k).) (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: 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]).
(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 Pt.
Riou] and coastal lands and islands bordering the Gulf of Alaska from
Pt. Manby southeast to and including Dry Bay.
(i) Season: Glaucous-winged gull egg gathering only: May 15-June
30.
(ii) Closure: July 1-August 31.
Dated: December 10, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-27776 Filed 12-17-04; 8:45 am]
BILLING CODE 4310-55-P ca