[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Proposed Rules]
[Pages 75060-75066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9492]



[[Page 75059]]

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

Part IV





Department of the Interior





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



Fish and Wildlife Service



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



50 CFR Part 92



 Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for 
Migratory Birds in Alaska During the 2007 Season; Proposed Rule

  Federal Register / Vol. 71 , No. 239 / Wednesday, December 13, 2006 / 
Proposed Rules  

[[Page 75060]]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

RIN 1018-AU59


Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations 
for Migratory Birds in Alaska During the 2007 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is 
proposing migratory bird subsistence harvest regulations in Alaska for 
the 2007 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 go into effect on 
April 2, 2007, and expire on August 31, 2007.

DATES: You must submit comments on the proposed subsistence harvest 
regulations for migratory birds in Alaska by February 12, 2007.

ADDRESSES: Submit your comments on this proposed rule in one of the 
following ways:
    1. By mail addressed to the Regional Director, Alaska Region, U.S. 
Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, AK 99503.
    2. By fax to (907) 786-3306.
    3. By e-mail to [email protected].
    4.Via the Federal e-rulemaking portal at http://www.regulations.gov. Follow the instructions on the site for submitting 
comments.

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

How Do I Find the History of These Proposed Regulations?

    Background information, including past events leading to this 
action, accomplishments since the amended Migratory Bird Treaties with 
Canada and Mexico were amended, and a history of addressing 
conservation issues can be found in the following Federal Register 
notices: August 16, 2002 (67 FR 53511), July 21, 2003 (68 FR 43010), 
April 2, 2004 (69 FR 17318), April 8, 2005 (70 FR 18244), and February 
28, 2006 (71 FR 10404). These documents are readily available at http://alaska.fws.gov/ambcc/regulations.htm.

Why Is This Current Rulemaking Necessary?

    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 2006 to develop recommendations for changes effective for the 
2007 harvest season. These recommendations were presented to the 
Service Regulations Committee (SRC) on July 26 and 27, 2006, and were 
approved.
    This rule proposes regulations for the taking of migratory birds 
for subsistence uses in Alaska during 2007. This rule proposes to list 
migratory bird species that are open or closed to harvest, as well as 
season openings and closures by region, and a change to the Fairbanks 
North Star Borough excluded area. It also describes a change in the 
methods and means of taking migratory birds for subsistence purposes.

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. In 2005, we added three additional communities for glaucous-
winged gull egg gathering only, based on petitions requesting 
inclusion. These southeastern communities included Craig, Hydaburg, and 
Yakutat, with a combined population of 2,459. These new regions 
increased the percentage of the State population included in the 
subsistence bird harvest only to 14 percent.
    In this proposed rule, we have incorporated the Alaska Department 
of Fish and Game's (ADFG) request to expand the Fairbanks North Star 
Borough excluded area to the Central Interior excluded area comprising 
the following: 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 purpose of the ADFG's petition is to prevent new traditions and 
increased harvest levels that could result from inclusion of 
communities that have not traditionally hunted migratory birds in the 
spring and summer for subsistence. Specifically, this petition would 
exclude residents of Delta Junction/Big Delta/Fort Greely, McKinley 
Park/Village, Healy and Ferry from eligibility to participate in 
spring/summer migratory bird subsistence hunts. The justification for 
this proposal includes the substantial opposition to spring hunting in 
the Delta Junction area, particularly to hunting on agricultural lands 
that attract large number of waterfowl and cranes, and that there is no 
evidence that there has been a tradition of spring/summer subsistence 
migratory bird hunting in the proposed excluded area. ADFG also cited 
the action by the Alaska Joint Boards of

[[Page 75061]]

Fisheries and Game in 1992 creating the Fairbanks Non-subsistence area 
as an additional rationale for this proposal. The report focused on a 
socio-economic study that was conducted to determine whether or not 
subsistence traits existed in the Fairbanks region to justify it being 
considered for a subsistence eligible area. The summary report 
recommended the Fairbanks area be considered a nonsubsistence use area. 
The study was based on the application of 12 socio-economic factors to 
each community to determine whether or not subsistence-related traits 
existed.
    In addition, we propose to clarify the definition of excluded areas 
to explain that persons living in excluded areas are not eligible to 
participate in the Alaska spring/summer subsistence harvest and that 
the excluded area is closed to harvesting.
    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. OMB initially approved the information collection on October 
2, 2003, and assigned OMB control number 1018-0124, which expires on 
October 31, 2006. In the June 21, 2006, Federal Register (71 FR 35690), 
we published a notice of request to renew OMB approval of the Alaska 
Subsistence Harvest Survey.

What Is the Proposed Change to the Methods and Means Prohibitions for 
2007?

    When we established the initial methods and means regulations (68 
FR 43010, July 21, 2003), we followed the Co-management Council 
recommendation to adopt those existing methods and means prohibitions 
that occur in the Federal (50 CFR 20.21) and Alaska (5AAC92.100) 
migratory bird hunting regulations and that do not conflict with the 
customary and traditional methods of taking birds. In this proposed 
rule, we have incorporated the ADFG's request to prohibit baiting and 
shooting over a baited area (Statewide).

What Is the Proposed Change to the List of Birds Open to Harvest for 
2007?

    At the request of the North Slope Borough Fish and Game Management 
Committee, the Co-management Council recommended continuing into 2007 
the provisions originally established in 2005 to allow subsistence use 
of yellow-billed loons inadvertently caught in subsistence fishing 
(gill) nets on the North Slope. Yellow-billed loons are culturally 
important for the Inupiat Eskimo of the North Slope for use in 
traditional dance regalia. A maximum of 20 yellow-billed loons maybe 
caught in 2007 pursuant to this provision. Individual reporting to the 
North Slope Borough Department of Wildlife is required by the end of 
each season. In addition, the North Slope Borough has asked 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. In 2006, four yellow-billed 
loons were reported taken in fishing nets and an additional one was 
found alive in a net and released. This provision, to allow subsistence 
possession and use of yellow-billed loons caught in fishing gill nets, 
is subject to annual review and renewal by the SRC.

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 
the methods 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 (see 
ADDRESSES).
    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 
Migratory Bird Treaty Act of 1918, U.S.C. 712(1), which authorizes the 
Secretary of the Interior, in accordance with the treaties with Canada, 
Mexico, Japan, and Russia, to ``issue such regulations as may be 
necessary to assure that the taking of migratory birds and the 
collection of their eggs, by the indigenous inhabitants of the State of 
Alaska, shall be permitted for their own nutritional and other 
essential needs, as determined by the Secretary of the Interior, during 
seasons established so as to provide for the preservation and 
maintenance of stocks of migratory birds.''

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 regarding 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: [email protected].
    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

[[Page 75062]]

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 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 will not have an annual effect on the economy of $100 
million or more. It will legalize and regulate a traditional 
subsistence activity. It will not result in a substantial increase in 
subsistence harvest or a significant change in harvesting patterns. The 
commodities being regulated under this rule are migratory birds. This 
rule deals with legalizing the subsistence harvest of migratory birds 
and, as such, does not involve commodities traded in the marketplace. A 
small economic benefit from this rule derives from the sale of 
equipment and ammunition to carry out subsistence hunting. Most, if not 
all, businesses that sell hunting equipment in rural Alaska would 
qualify as small businesses. We have no reason to believe that this 
rule will lead to a disproportionate distribution of benefits.
    (b) 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 administer the regional programs. The Alaska 
Department of Fish and Game will also incur expenses for travel to Co-
management Council and regional management body meetings. In 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

    The Department, in promulgating this rule, has determined that it 
will not unduly burden the judicial system and that it meets the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

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,

[[Page 75063]]

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, 
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 the 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 2007 Spring/Summer Harvest,'' 
issued August 15, 2006. 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 
would allow only for traditional subsistence harvest and would improve 
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:
    a. Removing paragraph (a)(3);
    b. Revising the introductory text and paragraphs (a)(1), (a)(2) 
introductory text, (a)(2)(iv), and (b) to read as follows:


Sec.  92.5  Who is eligible to participate?

    If you are a permanent resident of a village within a subsistence 
harvest area, you will be eligible to harvest migratory birds and their 
eggs for subsistence purposes during the applicable periods specified 
in subpart D of this part.
    (a) * * *
    (1) Any person may request the Co-management Council to recommend 
that an otherwise included area be excluded by submitting a petition 
stating how the area does not meet the criteria identified in paragraph 
(c) of this section. The Co-management Council will forward petitions 
to the appropriate regional management body. The Co-management Council 
will then consider each petition and will submit to the Service any 
recommendations to exclude areas from the spring and summer subsistence 
harvest. The Service will publish any approved recommendations for 
public comment in the Federal Register.
    (2) Based on petitions for inclusion recommended by the Co-
management Council, the Service has added the following communities to 
the included areas under this part:
* * * * *
    (iv) Southeast Alaska Region--Hoonah, Craig, Hydaburg, and Yakutat.
    (b) Excluded areas. Excluded areas are not subsistence harvest 
areas and are closed to harvest. Residents of excluded areas are not 
eligible persons as defined in Sec.  92.4. Communities located within 
the excluded areas provided in paragraphs (b)(2) and (b)(3) of this 
section may petition the Co-management Council through their regional 
management body for designation as a spring and summer subsistence 
harvest area. The petition must state how the community meets the 
criteria identified in paragraph (c) of this section. The Co-management 
Council will consider each petition and will submit to the Service any 
recommendations to designate a community as a spring and summer 
subsistence harvest area. The Service will publish any approved new 
designations of communities for public comment in the Federal Register. 
Excluded areas consist of the following:
    (1) All areas outside of Alaska.
    (2) Village areas located in Anchorage, the Matanuska-Susitna 
Borough, the Kenai Peninsula roaded area, the Gulf of Alaska roaded 
area, Southeast Alaska, and the Central Interior Excluded Area as 
described in paragraph (b)(3) of this section generally do not qualify 
for a spring and summer harvest.
    (3) The Central Interior Excluded Area comprises the following: 
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 plus all residents of the formerly named 
Fairbanks North Star Borough Excluded Area.
* * * * *

Subpart C--General Regulations Governing Subsistence Harvest

    3. In subpart C, amend Sec.  92.20 by:
    a. Removing ``or'' from the end of paragraph (i);
    b. Removing the period from, and adding in its place ``; or'' at 
the end of paragraph (j); and

[[Page 75064]]

    c. Adding a new paragraph (k) to read as follows:


Sec.  92.20  Methods and means.

* * * * *
    (k) By the aid of baiting, or on or over any baited area, where a 
person knows or reasonably should know that the area is or has been 
baited, as provided at 50 CFR 20.21(i) and 16 U.S.C. 704(b).

Subpart D--Annual Regulations Governing Subsistence Harvest

    4. In subpart D, revise Sec. Sec.  92.31 through 92.33 to read as 
follows:


Sec.  92.31  Migratory bird species closed to subsistence harvest.

    (a) Because of conservation concerns, you may not harvest birds or 
gather eggs from the following species in 2007:
    (1) Spectacled Eider (Somateria fischeri).
    (2) Steller's Eider (Polysticta stelleri).
    (3) Emperor Goose (Chen canagica).
    (4) Aleutian Canada Goose (Branta canadensis leucopareia)--Semidi 
Islands only.
    (5) Yellow-billed Loons (Gavia adamsii)--Except that in the North 
Slope Region only, up to 20 yellow-billed loons total for the region 
may be inadvertently caught in fishing nets and kept for subsistence 
purposes.
    (b) In addition, you may not gather eggs from the following species 
in 2007:
    (1) Cackling Canada Goose (Branta canadensis 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 areas. 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) Lesser Canada Goose (Branta canadensis parvipes).
    (4) Taverner's Canada Goose (Branta canadensis taverneri).
    (5) Aleutian Canada Goose (Branta canadensis leucopareia)--except 
in the Semidi Islands.
    (6) Cackling Canada Goose (Branta canadensis minima)--except no egg 
gathering is permitted.
    (7) Black Brant (Branta bernicla nigricans)--except no egg 
gathering is permitted in the Yukon/Kuskokwim Delta and the North Slope 
regions.
    (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).
    (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)--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.
    (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).

[[Page 75065]]

    (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 virginianus).
    (2) Snowy Owl (Nyctea scandiaca).

Sec.  92.33 Region-specific regulations.

    The 2007 season dates for the eligible subsistence harvest areas 
are as follows:
    (a) Aleutian/Pribilof Islands Region.
    (1) Northern Unit (Pribilof Islands):
    (i) Season: April 2-June 30.
    (ii) Closure: July 1-August 31.
    (2) Central Unit (Aleut Region's eastern boundary on the Alaska 
Peninsula westward to and including Unalaska Island):
    (i) Season: April 2-June 15 and July 16-August 31.
    (ii) Closure: June 16-July 15.
    (iii) Special Black Brant Season Closure: August 16-August 31, only 
in Izembek and Moffet lagoons.
    (iv) Special Tundra Swan Closure: All hunting and egg gathering 
closed in units 9(D) and 10.
    (3) Western Unit (Umnak Island west to and including Attu Island):
    (i) Season: April 2-July 15 and August 16-August 31.
    (ii) Closure: July 16-August 15.
    (b) Yukon/Kuskokwim Delta Region.
    (1) Season: April 2-August 31.
    (2) Closure: 30-day closure dates to be announced by the Service's 
Alaska Regional Director or his designee, after consultation with local 
subsistence users, field biologists, and the Association of Village 
Council President's Waterfowl Conservation Committee. This 30-day 
period will occur between June 1 and August 15 of each year. A press 
release announcing the actual closure dates will be forwarded to 
regional newspapers and radio and television stations and posted in 
village post offices and stores.
    (3) Special Black Brant and Cackling Goose Season Hunting Closure: 
From the period when egg laying begins until young birds are fledged. 
Closure dates to be announced by the Service's Alaska Regional Director 
or his designee, after consultation with field biologists and the 
Association of Village Council President's Waterfowl Conservation 
Committee. A press release announcing the actual closure dates will be 
forwarded to regional newspapers and radio and television stations and 
posted in village post offices and stores.
    (4) Special Area Closure:
    (i) The following described goose nesting colonies are closed to 
all hunting and egg gathering from the period of nest initiation until 
young birds are fledged:
    (A) Kokechik Bay Colony--bounded by 61.61[deg]N to 61.67[deg]N and 
165.83[deg]W to 166.08[deg]W;
    (B) Tutakoke River Colony--bounded by 61.20[deg]N to 61.28[deg]N 
and 165.08[deg]W to 165.13[deg]W;
    (C) Kigigak Island Colony--bounded by islan's edge;
    (D) Baird Peninsula Colony--bounded by 60.87[deg] N to 60.91[deg] N 
and 164.65[deg] W to 165.80[deg] W; and
    (E) Baird Island Colony--bounded by island's edge.
    (ii) Closure dates to be announced by the Alaska Regional Director 
or his designee, after consultation with field biologists and the 
Association of Village Council President's Waterfowl Conservation 
Committee. A press release announcing the actual closure dates will be 
forwarded to regional newspapers and radio and television stations and 
posted in village post offices and stores.
    (c) Bristol Bay Region.
    (1) Season: April 2-June 14 and July 16-August 31 (general season); 
April 2-July 15 for seabird egg gathering only.
    (2) Closure: June 15-July 15 (general season); July 16-August 31 
(seabird egg gathering).
    (d) Bering Strait/Norton Sound Region.
    (1) Stebbins/St. Michael Area (Point Romanof to Canal Point):
    (i) Season: April 15-June 14 and July 16-August 31.
    (ii) Closure: June 15-July 15.
    (2) Remainder of the region:
    (i) Season: April 2-June 14 and July 16-August 31 for waterfowl; 
April 2-July 19 and August 21-August 31 for all other birds.
    (ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for 
all other birds.
    (e) Kodiak Archipelago Region, except for the Kodiak Island roaded 
area, is closed to the harvesting of migratory birds and their eggs. 
The closed area consists of all lands and waters (including exposed 
tidelands) east of a line extending from Crag Point in the north to the 
west end of Saltery Cove in the south and all lands and water south of 
a line extending from Termination Point along the north side of Cascade 
Lake extending to Anton Larson Bay. Waters adjacent to the closed area 
are closed to harvest within 500 feet from the water's edge. The 
offshore islands are open to harvest.
    (1) Season: April 2-June 20 and July 22-August 31; egg gathering: 
May 1-June 20 only.
    (2) Closure: June 21-July 21.
    (f) Northwest Arctic Region.
    (1) Season: April 2-June 9 and August 15-August 31 (hunting in 
general); waterfowl egg gathering May 20-June 9 only; seabird egg 
gathering July 3-July 12 only; hunting molting/non-nesting waterfowl 
July 1-July 31 only.
    (2) Closure: June 10-August 14, except for the taking of seabird 
eggs and molting/non-nesting waterfowl as provided in paragraph (f)(1) 
of this section.
    (g) North Slope Region.
    (1) Southern Unit (Southwestern North Slope regional boundary east 
to Peard Bay, everything west of the longitude line 158[deg]30' W and 
south of the latitude line 70[deg]45' N to the west bank of the 
Ikpikpuk River, and everything south of the latitude line 69[deg]45' N 
between the west bank of the Ikpikpuk River to the east bank of 
Sagavinirktok River):
    (i) Season: April 2-June 29 and July 30-August 31 for seabirds; 
April 2-June 19 and July 20-August 31 for all other birds.
    (ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all 
other birds.
    (2) Northern Unit (At Peard Bay, everything east of the longitude 
line 158[deg]30' W and north of the latitude line 70[deg]45' N to west 
bank of the Ikpikpuk River, and everything north of the latitude line 
69[deg]45' N between the west bank of the Ikpikpuk River to the east 
bank of Sagavinirktok River):
    (i) Season: April 6-June 6 and July 7-August 31 for king and common 
eiders 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; June 16-
July 15 for all other birds.
    (3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
    (i) Season: April 2-June 19 and July 20-August 31.
    (ii) Closure: June 20-July 19.
    (4) All Units: yellow-billed loons. Annually, up to 20 yellow-
billed loons total for the region may be 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

[[Page 75066]]

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 only.
    (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 above also documented 
traditional use harvesting birds in Unit 12, making them eligible to 
hunt in this unit during the seasons specified in paragraph (h) of this 
section.
    (j) Gulf of Alaska Region.
    (1) Prince William Sound Area (Harvest area: Unit 6 [D]), (Eligible 
Chugach communities: Chenega Bay, Tatitlek).
    (i) Season: April 2-May 31 and July 1-August 31.
    (ii) Closure: June 1-30.
    (2) Kachemak Bay Area (Harvest area: Unit 15[C] South of a line 
connecting the tip of Homer Spit to the mouth of Fox River) (Eligible 
Chugach communities: Port Graham, Nanwalek).
    (i) Season: April 2-May 31 and July 1-August 31.
    (ii) Closure: June 1-30.
    (k) Cook Inlet (Harvest area: portions of Unit 16[B] as specified 
below) (Eligible communities: Tyonek only).
    (1) Season: April 2 May-31--That portion of Unit 16(B) south of the 
Skwentna River and west of the Yentna River, and August 1-31--That 
portion of Unit 16(B) south of the Beluga River, Beluga Lake, and the 
Triumvirate Glacier.
    (2) Closure: June 1-July 31.
    (l) Southeast Alaska.
    (1) Community of Hoonah (Harvest area: National Forest lands in Icy 
Strait and Cross Sound, including Middle Pass Rock near the Inian 
Islands, Table Rock in Cross Sound, and other traditional locations on 
the coast of Yakobi Island. The land and waters of Glacier Bay National 
Park remain closed to all subsistence harvesting [50 CFR Part 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.
    (1) 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 Dry Bay).
    (i) Season: glaucous-winged gull egg gathering only: May 15-June 
30.
    (ii) Closure: July 1-August 31.

    Dated: November 21, 2006.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-9492 Filed 12-12-06; 8:45 am]
BILLING CODE 4310-55-P