[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5102]


[[Page Unknown]]

[Federal Register: March 7, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR
 

Managing Migratory Bird Subsistence Hunting in Alaska; Proposed 
Strategy for Regulating the Spring and Summer Taking of Migratory Birds 
in Alaska for Subsistence Purposes

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of revised draft environmental 
assessment.

-----------------------------------------------------------------------

SUMMARY: This Notice is to inform the public that the U.S. Fish and 
Wildlife Service (Service) has revised and is reissuing the draft 
environmental assessment (EA) evaluating alternatives for resolving the 
problem of ongoing spring and summer migratory bird subsistence 
hunting. Hunting in Alaska occurs during the closed period specified by 
the 1916 Convention Between the United States and Great Britain for the 
Protection of Migratory Birds (Convention). This Convention was 
executed by Great Britain on behalf of Canada, and is referred to in 
this Notice and the EA as the U.S.-Canada Convention, or simply the 
``Convention.'' The revised draft EA, which tentatively selected a 
strategy of modifying the Convention to allow a regulation hunt during 
the closed period, is available from the Service upon request at either 
the addresses provided below (See ADDRESSES: and/or FOR FURTHER 
INFORMATION CONTACT:).

DATES: Comments on this Notice must be received by April 21, 1994.

ADDRESSES: Comments regarding this Notice should be addressed to: 
Director (FWS/MBMO), U.S. Fish and Wildlife Service, 634 ARLSQ, 1849 C 
St., NW., Washington, DC 20240, or Regional Director (MBC), Region 7, 
U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, AK 
99503. Comments received on this Notice will be available for public 
inspection during normal business hours in Room 634 Arlington Square 
Building, 4401 No. Fairfax Drive, Arlington, VA 22203, or, for those 
comments originating within Alaska, 3rd Floor, room 3387, 1011 Tudor 
Road, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT:
Dr. Keith A. Morehouse, Staff Specialist, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, 634 ARLSQ, 1849 C St., NW., 
Washington, DC 20240 (703/358-1714), or Mr. Robin West, Migratory Bird 
Coordinator, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, 
Anchorage, AK 99503 (907/786-3423).

SUPPLEMENTARY INFORMATION: Subsistence hunting of migratory birds for 
cultural and nutritional purposes occurs in the far northern areas of 
Alaska and Canada as a customary and traditional activity during what 
is otherwise the closed period, between March 10 and September 1. (As 
used herein, and in the EA, subsistence hunting, unless otherwise 
noted, means spring and summer harvest of migratory birds, not other 
subsistence activities occurring in Alaska and Canada.) Currently, this 
closed period is required by the Convention and the Migratory Bird 
Treaty Act of 1918 (16 U.S.C. 703 et seq.), which implements the terms 
of the Convention. Apparently, the framers of the Convention were aware 
of migratory bird subsistence hunting activity but unaware of the 
extent to which it was needed and practiced by far northern rural 
peoples. Thus, the Convention provides inadequately for this particular 
subsistence use, with the result that much of the current subsistence 
hunting activity is illegal. However, restricting subsistence hunting 
to a time period outside of that in which birds are available neither 
provides equitable access to the resource nor accommodates customary 
and traditional uses. Because the Service recognizes the legitimate 
need for equitable access to the migratory bird resource for 
subsistence purposes, regulatory strategies have been under evaluation 
which would bring about successful resolution of the problem.
    The Service's completed revised draft EA addresses the problem of 
illegal subsistence hunting of migratory birds in Alaska, and 
tentatively selects strategy for resolving it. This revised draft EA 
evaluates five alternatives for dealing with regulation of migratory 
bird subsistence hunting, which are: (1) Take no action (status quo) 
(2) expand the existing base of cooperative agreements; (3) enforce the 
current terms of the Convention; (4) modify the Convention to allow 
subsistence take; and (5) modify the Migratory Bird Treaty Act to allow 
subsistence take, without modifying the Convention. The Service's 
preliminarily identified preferred alternative is for a modified 
Convention that allows a regulated harvest during a portion, but not 
all, of the currently closed period (Item 4, above). The revised EA 
also identifies ``action modifiers'' which could be used to further 
specify the course the Service would take in order to bring about a 
regulated migratory bird subsistence hunt. The ``action modifiers'' 
include such factors as who in Alaska would be able to participate, in 
what areas, what use could be made of birds and byproducts, which bird 
species' eggs would be eligible for harvest and other management option 
constraints that would be imposed upon users.
    On Friday, August 13, 1993, the Service published the initial 
Notice of Availability of the draft EA in the Federal Register (58 FR 
43119). The comment period for the first draft of the EA closed on 
October 12, 1993. Many comments were provided to the Service within the 
comment period specified, and many were received after the comment 
period had closed. The Service has accepted all of the letters of 
comment received to date on the revised EA, and has factored these 
views into revisions of the text and other features of the EA. In 
addition, the comment views that represent the more salient issues, 
have been addressed in the Responses provided in Appendix E of the EA.
    During the course of the comment period that closed on October 12, 
1993, and since, the Service received 54 comments on the EA; 51 of 
these comments are from outside the Service. One of the most common 
comments received was a request to expand the EA to incorporate 
additional materials on such subjects as the migratory bird subsistence 
hunting situation in Canada and more detailed information on the 
demographics and harvest situation in Alaska. The Service is acceding 
to the request for a second draft and has made many modifications and 
improvements in the EA document that are responsive to the public's 
requests.
    The Service invites comments on the revised draft EA. Comments 
provided on the revised EA will enable the Service to evaluate its 
selection of a strategy to resolve the problem. The final decision on 
selection of a strategy will be provided to the public in the Service's 
final Notice of Record of Decision, which will be published in the 
Federal Register.

    Dated: March 2, 1994.
Richard N. Smith,
Director, Fish and Wildlife Service.
[FR Doc. 94-5102 Filed 3-4-94; 8:45 am]
BILLING CODE 4310-55-M