[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Proposed Rules]
[Pages 76994-76999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30081]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[FWS-R7-MB-2008-0099; 91200-1231-9BPP L2]
RIN 1018-AW29


Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations 
for Migratory Birds in Alaska During the 2009 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes 
migratory bird subsistence harvest regulations in Alaska for the 2009 
season. The proposed regulations would enable the continuation of 
customary and traditional subsistence uses of migratory birds in Alaska 
and prescribe regional information on when and where the harvesting of 
birds may occur. These proposed regulations were developed under a co-
management process involving the Service, the Alaska Department of Fish 
and Game, and Alaska Native representatives. The rulemaking is 
necessary because the regulations governing the subsistence harvest of 
migratory birds in Alaska are subject to annual review. This rulemaking 
proposes region-specific regulations that would go into effect on April 
2, 2009, and expire on August 31, 2009.

DATES: We will accept comments received or postmarked on or before 
January 20, 2009. We must receive requests for public hearings, in 
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by 
February 2, 2009.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AW29, Division of Policy and Directives Management, U.S. 
Fish and Wildlife Service, 4401 N. Fairfax Drive, Suite 222, Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

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:

Public Comments

    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
accept comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section. We will not consider hand-delivered comments 
that we do not receive, or mailed comments that are not postmarked, by 
the date specified in the DATES section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If you provide 
personal identifying information in your comment, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by

[[Page 76995]]

appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Office of the Alaska Migratory Bird Co-management 
Council, 1011 E. Tudor Rd., Anchorage, AK 99503, (877) 229-2344.

Why Is This Current Rulemaking Necessary?

    This current rulemaking is necessary because, by law, the migratory 
bird harvest season is closed unless opened by the Secretary of the 
Interior, and the regulations governing subsistence harvest of 
migratory birds in Alaska are subject to public review and annual 
approval. The Alaska Migratory Bird Co-management Council (Co-
management Council) held a meeting in April 2008 to develop 
recommendations for changes effective for the 2009 harvest season. 
These recommendations were presented to the Service Regulations 
Committee (SRC) on July 30 and 31, 2008, and were approved.
    This rule proposes regulations for the taking of migratory birds 
for subsistence uses in Alaska during 2009. This rule lists migratory 
bird season openings and closures by region.

How Do I Find the History of These Regulations?

    Background information, including past events leading to this 
action, accomplishments since the Migratory Bird Treaties with Canada 
and Mexico were amended, and a history addressing conservation issues 
can be found in the following Federal Register documents:

------------------------------------------------------------------------
                   Date                      Federal Register citation
------------------------------------------------------------------------
August 16, 2002..........................  67 FR 53511
July 21, 2003............................  68 FR 43010
April 2, 2004............................  69 FR 17318
April 8, 2005............................  70 FR 18244
February 28, 2006........................  71 FR 10404
April 11, 2007...........................  72 FR 18318
March 14, 2008...........................  73 FR 13788
------------------------------------------------------------------------

    These documents, which are all final rules setting forth the annual 
harvest regulations, are available at http://alaska.fws.gov/ambcc/regulations.htm.

Who Is Eligible To Hunt Under These Regulations?

    Eligibility to harvest under the regulations established in 2003 
was limited to permanent residents, regardless of race, in villages 
located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian 
Islands and in areas north and west of the Alaska Range (50 CFR 92.5). 
These geographical restrictions opened the initial 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 criteria set forth in 50 CFR 
92.5(c). These communities were Gulkana, Gakona, Tazlina, Copper 
Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port 
Graham, Nanwalek, Tyonek, and Hoonah, with a combined population of 
2,766. In 2005, we added three additional communities for glaucous-
winged gull egg gathering only, based on petitions requesting 
inclusion. These southeastern communities were Craig, Hydaburg, and 
Yakutat, with a combined population of 2,459.
    In 2007, we enacted the Alaska Department of Fish and Game's 
request to expand the Fairbanks North Star Borough excluded area to 
include the Central Interior area. This action excluded the following 
communities from participation in this harvest: Big Delta/Fort Greely, 
Healy, McKinley Park/Village and Ferry, with a combined population of 
2,812. These removed communities reduced the percentage of the State 
population included in the subsistence harvest to 13 percent.

How Will the Service Ensure That the Subsistence Harvest Will Not Raise 
Overall Migratory Bird Harvest or Threaten the Conservation of 
Endangered and Threatened Species?

    We have monitored subsistence harvest for the past 15 years through 
the use of annual household surveys in the most heavily used 
subsistence harvest areas, e.g., the Yukon-Kuskokwim Delta. 
Continuation of this monitoring enables tracking of any major changes 
or trends in levels of harvest and user participation after 
legalization of the harvest. The Service has an emergency closure 
provision (50 CFR 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.
    The Service will institute emergency harvest closures in 2009 if 
deemed necessary to prevent an imminent threat to the conservation of 
Steller's eiders. Steller's eiders are divided into Atlantic and 
Pacific populations; the Pacific population is further divided into the 
Russia-breeding population along the Russian eastern arctic coastal 
plain, and the Alaska-breeding population. In 1997, the Alaska-breeding 
population of Steller's eiders was listed as threatened based on a 
substantial decrease in the species' breeding range in Alaska and the 
resulting increased vulnerability of the remaining Alaska-breeding 
population to extirpation (62 FR 31748; June 11, 1997).
    The Alaska-breeding population of Steller's eiders now nests 
primarily only on the Alaska Coastal Plain, particularly around Barrow 
and at very low densities from Wainwright to at least as far east as 
Prudhoe Bay. A few pairs also apparently remain on the Yukon-Kuskokwim 
Delta. The apparent reduction in breeding range in Alaska was a major 
reason for listing the Alaska-breeding population as threatened. 
Although the cause of the original decline is not known with certainty, 
current threats to the recovery of Steller's eiders likely include 
mortality from hunting, exposure to lead shot and other contaminants 
such as oil, changes in marine habitat, and nest failure and possibly 
adult mortality from avian and mammalian predators associated with 
human settlements and development. While we have made progress working 
to reduce predation, substituting steel shot for lead, and instituting 
eider conservation outreach programs, mortality from hunting appears to 
be the greatest current threat.
    A computer-based statistical model was developed by scientists to 
predict the prognosis for recovery or extinction of the Alaska-breeding 
population of Steller's eider. Although there is uncertainty 
surrounding the population size, survival rate, and reproductive rate 
estimates used to develop this model, results indicate that the Alaska-
breeding population of Steller's eiders has a very high probability of 
becoming extirpated within 10 years without immediate concerted actions 
designed to reduce adult mortality. For years with available harvest 
survey data, it appears that possibly 10 percent or more of the Alaska-
breeding population of Steller's eiders has been lost due to mortality 
from hunting. Regulatory and collaborative actions focused on this 
threat will be necessary to ensure that take is reduced in 2009. The 
Service will institute emergency closures if the Alaska subsistence 
harvest of migratory birds is deemed to cause an imminent threat to 
Steller's eiders in a specific geographic area during the spring 
migration or the summer breeding period.

[[Page 76996]]

What Is Proposed for Change in the Region-Specific Regulations for 
2009?

Yellow-Billed Loons

    At the request of the North Slope Borough Fish and Game Management 
Committee, the Co-management Council recommended continuing into 2009 
the provisions originally established in 2005 to allow subsistence use 
of yellow-billed loons inadvertently entangled in subsistence fishing 
(gill) nets on the North Slope. Yellow-billed loons are culturally 
important for the Inupiat Eskimo of the North Slope for use in 
traditional dance regalia. A maximum of 20 yellow-billed loons may be 
caught in 2009 under this provision. The intent of this provision is 
not to harvest yellow-billed loons, but to allow use of those loons 
inadvertently entangled during normal subsistence fishing activities. 
Individual reporting to the North Slope Borough Department of Wildlife 
is required by the end of each season. The North Slope Borough has 
asked fishermen, through announcements on the radio and through 
personal contact, to report inadvertent entanglements of loons to 
better estimate the level of mortality caused by gill nets. In 2007, 14 
yellow-billed loons were reported taken in fishing nets and an 
additional 2 were released alive. 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.

Aleutian and Arctic Terns

    We are proposing to open a season May 15-June 30 for harvesting 
Aleutian and arctic tern eggs in the Yakutat Harvest area, from Icy Bay 
(Icy Cape to Pt. Riou) and the coastal islands bordering the Gulf of 
Alaska from Pt. Manby southeast to and including Dry Bay. The Yakutat 
Tlingit Tribe requested this proposal, stating that this regulation 
would legalize a traditional gathering of tern eggs that has occurred 
for hundreds of years. The Tlingit refer to the terns as ``sea 
pigeons'' and gather eggs for sustenance during the salmon fishing 
season. ``Pigeon eggs'' are considered a highly desired food by many 
Native households in Yakutat. Harvested eggs are shared extensively 
throughout the community and especially with local Native elders. The 
Yakutat Tlingit Tribe has agreed to monitor the harvest of tern eggs 
and this summer would conduct a recall survey of the spring harvest. 
The Yakutat Ranger Station, U.S. Forest Service, in cooperation with 
the Service's Alaska Office of Migratory Bird Management is developing 
methods for monitoring the Aleutian and arctic tern populations in the 
Yakutat area. Work on this project is under way.

Steller's Eiders

    We are proposing to add local migratory bird hunting restrictions 
for the four communities of Barrow, Wainwright, Point Lay, and Point 
Hope along the North Slope of Alaska. These proposed restrictions 
include instituting shooting hours, an inspection requirement, a road 
closure, and clarification of a possession restriction. We are 
proposing these restrictions in response to the recent mortality of 
Steller's eiders on the North Slope, the loss of nests and eggs during 
breeding, and mortality likely associated with crippling due to 
hunting. We are not proposing to authorize incidental take of Steller's 
eiders.
    The Service has concerns that harvest pursuant to regulations from 
previous subsistence seasons would pose an imminent threat to the 
threatened Steller's eider. It is estimated that 19 (9-37, 95% 
Confidence Limits) Steller's eiders were harvested on the North Slope 
during the 2005 subsistence season; the actual reported take was 9 
Steller's eiders (Co-Management Council unpublished data, 2006). In 
2008, 27 Steller's eiders were found dead at Barrow between June and 
August 2008; of these, 74 percent were shot. The number of Steller's 
eiders killed from Barrow to Point Hope during the spring and summer 
subsistence hunt during 2004-08 requires the Service to develop and 
implement new regulations. The Service concludes that the subsistence 
hunt has resulted in an unknown amount of shooting and disturbance that 
has caused the direct loss of nests, eggs, young, and adults in 
breeding years. The Service must attempt to eliminate the take of 
Steller's eiders resulting from the recognition and continuation of the 
spring and summer subsistence migratory bird hunting in order to 
conserve and eventually recover this species.
    Of the regulations we are proposing, the shooting hours restriction 
parallels that found in 50 CFR 20.102. This regulation will help 
eliminate hunting under poor visibility to improve species 
identification and reduce the probability of mistaken shooting and 
crippling of Steller's eiders. We are proposing to require that hunters 
in the field, when asked, must present their take for species 
identification to enable the Service to monitor the harvest for take of 
closed and protected species. Because of the critical status of the 
Alaska-breeding Steller's eiders (the listed population), we need real-
time, reliable information about the take of any Steller's eiders 
during the subsistence season. We are proposing to clarify, reinforce, 
and ensure that no person may possess migratory bird species that are 
not open for subsistence harvest. In Barrow, we are proposing to close 
a 1-mile buffer zone to migratory bird hunting around specific rural 
roads to protect birds from harvest and disturbance in the primary 
nesting area around Barrow. If there had been a 1-mile closed buffer 
zone for the 2008 breeding period, it would have protected 91 percent 
of Steller's eider nests documented.
    The goal of these proposed restrictions is to eliminate or 
significantly reduce the potential impact of the subsistence migratory 
bird hunt to Steller's eiders. In addition to the regulations, the 
Service is developing and implementing more effective hunter training 
on eider identification, harvest monitoring, law enforcement, and 
outreach. In the event that some or all of the conservation measures 
and regulations are unsuccessful, and the existing harvest is deemed to 
pose an imminent threat to the conservation of Steller's eiders, we 
will apply the emergency closure provision provided in 50 CFR 92.21. In 
addition, as discussed under ``Endangered Species Act Consideration,'' 
we will consult on these proposed regulations under Section 7 of the 
Endangered Species Act to ensure that they are not likely to jeopardize 
the continued existence of Steller's eiders or any other listed 
species.

Statutory Authority

    We derive our authority to issue these regulations from the 
Migratory Bird Treaty Act of 1918, 16 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.''

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;

[[Page 76997]]

    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

Required Determinations

Regulatory Planning and Review (Executive Order 12866)

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this rule under Executive 
Order 12866 (E.O. 12866). OMB bases its determination upon the 
following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). 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. This rule:
    (a) 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) 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) 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 under the Unfunded Mandates Reform 
Act (2 U.S.C. 1501 et seq.) that this rule will not impose a cost of 
$100 million or more in any given year on local, State, or tribal 
governments or private entities. The rule does not have a significant 
or unique effect on State, local, or tribal governments or the private 
sector. A statement containing the information required by the Unfunded 
Mandates Reform Act is not required. Participation on regional 
management bodies and the Co-management Council 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 nonprofits 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.

Takings (Executive Order 12630)

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications. This rule is not specific to 
particular land ownership, but applies to the harvesting of migratory 
bird resources throughout Alaska. A takings implication assessment is 
not required.

Federalism (Executive Order 13132)

    Under the criteria in Executive Order 13132, this rule does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. We discuss effects of this proposed rule on the 
State of Alaska in the Executive Order 12866 and Unfunded Mandates 
Reform Act sections above. We worked with the State of Alaska to 
develop these proposed regulations. Therefore, a Federalism Assessment 
is not required.

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.

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,

[[Page 76998]]

as well as for other indigenous inhabitants.

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 January 31, 2010. 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.

Endangered Species Act Consideration

    Prior to issuance of annual spring and summer subsistence 
regulations, we will consult under section 7 of the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531-1543; hereinafter the Act), to 
ensure that the 2009 subsistence harvest is not likely to jeopardize 
the continued existence of any species designated as endangered or 
threatened, or modify or destroy its critical habitats, and that the 
regulations are consistent with conservation programs for those 
species. Consultation under section 7 of the Act for the annual 
subsistence take regulations may cause us to change these regulations. 
Our biological opinion resulting from the section 7 consultation is a 
public document available from the person listed under FOR FURTHER 
INFORMATION CONTACT.

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 2009 Spring/Summer Harvest,'' 
issued December 12, 2008. Copies are available from the person listed 
under FOR FURTHER INFORMATION CONTACT.

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. This is not a 
significant regulatory action under Executive Order 12866; it would 
allow only for traditional subsistence harvest and would improve 
conservation of migratory birds by allowing effective regulation of 
this harvest. Further, this rule is not expected to significantly 
affect energy supplies, distribution, or use. Therefore, 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 D--Annual Regulations Governing Subsistence Harvest

    2. In subpart D, add Sec.  92.31 to read as follows:


Sec.  92.31  Region-specific regulations.

    The 2009 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.
    (c) Bristol Bay Region.
    (1) Season: April 2-June 14 and July 16-August 31 (general season); 
April 2-July 15 for seabird egg gathering only.
    (2) Closure: June 15-July 15 (general season); July 16-August 31 
(seabird egg gathering).
    (d) Bering Strait/Norton Sound Region.
    (1) Stebbins/St. Michael Area (Point Romanof to Canal Point):
    (i) Season: April 15-June 14 and July 16-August 31.
    (ii) Closure: June 15-July 15.
    (2) Remainder of the region:
    (i) Season: April 2-June 14 and July 16-August 31 for waterfowl; 
April 2-July 19 and August 21-August 31 for all other birds.
    (ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for 
all other birds.
    (e) Kodiak Archipelago Region, except for the Kodiak Island roaded 
area, which is closed to the harvesting of migratory birds and their 
eggs. The closed area consists of all lands and waters (including 
exposed tidelands) 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 30 and July 31-August 31 for seabirds; 
April 2-June 20 and July 22-August 31 for all other birds.
    (2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all 
other birds.
    (f) Northwest Arctic Region.
    (1) Season: April 2-June 9 and August 15-August 31 (hunting in 
general); waterfowl egg gathering May 20-June 9 only; seabird egg 
gathering May 20-July 12 only; hunting molting/non-nesting waterfowl 
July 1-July 31 only.
    (2) Closure: June 10-August 14, except for the taking of seabird 
eggs and molting/non-nesting waterfowl as

[[Page 76999]]

provided in paragraph (f)(1) of this section.
    (g) North Slope Region.
    (1) Southern Unit (Southwestern North Slope regional boundary east 
to Peard Bay, everything west of the longitude line 158[deg]30'W and 
south of the latitude line 70[deg]45'N to the west bank of the Ikpikpuk 
River, and everything south of the latitude line 69[deg]45'N between 
the west bank of the Ikpikpuk River to the east bank of Sagavinirktok 
River):
    (i) Season: April 2-June 29 and July 30-August 31 for seabirds; 
April 2-June 19 and July 20-August 31 for all other birds.
    (ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all 
other birds.
    (iii) Special Black Brant Hunting Opening: From June 20-July 5. The 
open area would consist of the coastline, from mean high water line 
outward to include open water, from Nokotlek Point east to longitude 
line 158[deg]30'W. This includes Peard Bay, Kugrua Bay, and Wainwright 
Inlet, but not the Kuk and Kugrua river drainages.
    (2) Northern Unit (At Peard Bay, everything east of the longitude 
line 158[deg]30'W and north of the latitude line 70[deg]45'N to west 
bank of the Ikpikpuk River, and everything north of the latitude line 
69[deg]45'N between the west bank of the Ikpikpuk River to the east 
bank of Sagavinirktok River):
    (i) Season: April 6-June 6 and July 7-August 31 for king and common 
eiders; April 2-June 15 and July 16-August 31 for all other birds.
    (ii) Closure: June 7-July 6 for king and common eiders; June 16-
July 15 for all other birds.
    (iii) Special Hunting Restrictions for Barrow: Migratory bird 
hunting is not permitted within 1 mile of either side or end of 
Cakeeater/Gaswell, Nunavak and Freshwater Lake roads and any spur 
roads.
    (3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
    (i) Season: April 2-June 19 and July 20-August 31.
    (ii) Closure: June 20-July 19.
    (4) All Units: yellow-billed loons. Annually, up to 20 yellow-
billed loons total for the region may be inadvertently entangled in 
subsistence fishing nets in the North Slope Region and kept for 
subsistence use. Individuals must report each yellow-billed loon 
inadvertently entangled while subsistence gill net fishing to the North 
Slope Borough Department of Wildlife Management by the end of the 
season.
    (5) North Coastal Zone (Cape Thompson north to Point Hope and east 
along the Arctic Ocean coastline around Point Barrow to Ross Point, 
including Iko Bay, and 5 miles inland).
    (i) Migratory bird hunting is permitted from one-half hour before 
sunrise until sunset.
    (ii) No person shall at any time, by any means, or in any manner, 
possess or have in custody any migratory bird or part thereof, taken in 
violation of subpart C and D of this part.
    (iii) Upon request from a Service law enforcement officer, hunters 
taking, attempting to take, or transporting migratory birds taken 
during the subsistence harvest season must present them to the officer 
for species identification.
    (h) Interior Region.
    (1) Season: April 2-June 14 and July 16-August 31; egg gathering 
May 1-June 14 only.
    (2) Closure: June 15-July 15.
    (i) Upper Copper River Region (Harvest Area: Units 11 and 13) 
(Eligible communities: Gulkana, Chitina, Tazlina, Copper Center, 
Gakona, Mentasta Lake, Chistochina and Cantwell).
    (1) Season: April 15-May 26 and June 27-August 31.
    (2) Closure: May 27-June 26.
    (3) The Copper River Basin communities listed above also documented 
traditional use harvesting birds in Unit 12, making them eligible to 
hunt in this unit using the seasons specified in paragraph (h) of this 
section.
    (j) Gulf of Alaska Region.
    (1) Prince William Sound Area (Harvest area: Unit 6 [D]), (Eligible 
Chugach communities: Chenega Bay, Tatitlek).
    (i) Season: April 2-May 31 and July 1-August 31.
    (ii) Closure: June 1-30.
    (2) Kachemak Bay Area (Harvest area: Unit 15[C] South of a line 
connecting the tip of Homer Spit to the mouth of Fox River) (Eligible 
Chugach Communities: Port Graham, Nanwalek).
    (i) Season: April 2-May 31 and July 1-August 31.
    (ii) Closure: June 1-30.
    (k) Cook Inlet (Harvest area: portions of Unit 16[B] as specified 
below) (Eligible communities: Tyonek only).
    (1) Season: April 2-May 31--That portion of Unit 16(B) south of the 
Skwentna River and west of the Yentna River, and August 1-31--That 
portion of Unit 16(B) south of the Beluga River, Beluga Lake, and the 
Triumvirate Glacier.
    (2) Closure: June 1-July 31.
    (l) Southeast Alaska.
    (1) Community of Hoonah (Harvest area: National Forest lands in Icy 
Strait and Cross Sound, including Middle Pass Rock near the Inian 
Islands, Table Rock in Cross Sound, and other traditional locations on 
the coast of Yakobi Island. The land and waters of Glacier Bay National 
Park remain closed to all subsistence harvesting [50 CFR 100.3].
    (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 Dry Bay).
    (i) Season: Glaucous-winged gull, aleutian and arctic tern egg 
gathering: May 15-June 30.
    (ii) Closure: July 1-August 31.
    3. In subpart D, add Sec.  92.32 to read as follows:


Sec.  92.32  Emergency regulations to protect Steller's eiders.

    Upon finding that continuation of these subsistence regulations 
would pose an imminent threat to the conservation of threatened 
Steller's eiders, the U.S. Fish and Wildlife Service Alaska Regional 
Director, in consultation with the Co-management Council, will 
immediately under Sec.  92.21 take action as is necessary to prevent 
further take. Regulation changes implemented could range from a 
temporary closure of duck hunting in a small geographic area to large-
scale regional or State-wide long-term closures of all subsistence 
migratory bird hunting. Such closures or temporary suspensions will 
remain in effect until the Regional Director, in consultation with the 
Co-management Council, determines that the potential for additional 
Steller's eiders to be taken no longer exists.

    Dated: December 10, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-30081 Filed 12-17-08; 8:45 am]
BILLING CODE 4310-55-P