[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Proposed Rules]
[Pages 75321-75327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29300]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[Docket No. FWS-R7-MB-2013-0109; FF09M21200-123-FXMB1231099BPP0L2]
RIN 1018-BA02


Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations 
for Migratory Birds in Alaska During the 2014 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 2014 
season. These 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 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, 2014, and 
expire on August 31, 2014.

DATES: We will accept comments received or postmarked on or before 
February 10, 2014. We must receive requests for public hearings, in 
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by 
January 27, 2014.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R7-
MB-2013-0109.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R7-MB-2013-0109; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 
2042-PDM; Arlington, VA 22203.
    We will not accept email 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 Comment Procedures 
section below for more information).

FOR FURTHER INFORMATION CONTACT: Donna Dewhurst, U.S. Fish and Wildlife 
Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 
786-3499.

SUPPLEMENTARY INFORMATION:

Public Comment Procedures

    To ensure that any action resulting from this proposed rule will be 
as accurate and as effective as possible, we request that you send 
relevant information for our consideration. The comments that will be 
most useful and likely to influence our decisions are those that you 
support by quantitative information or studies and those that include 
citations to, and analyses of, the applicable laws and regulations. 
Please make your comments as specific as possible and explain the basis 
for them. In addition, please include sufficient information with your 
comments to allow us to authenticate any scientific or commercial data 
you include.
    You must submit your comments and materials concerning this 
proposed rule by one of the methods listed above in the ADDRESSES 
section. We will not accept comments sent by email or fax or to an 
address not listed in ADDRESSES. If you submit a comment via http://www.regulations.gov, your entire comment--including any personal 
identifying information, such as your address, telephone number, or 
email address--will be posted on the Web site. When you submit a 
comment, the system receives it immediately. However, the comment will 
not be publicly viewable until we post it, which might not occur until 
several days after submission.
    If you mail or hand-carry a hardcopy comment directly to us that 
includes personal information, 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. To ensure that the 
electronic docket for this rulemaking is complete and all comments we 
receive are publicly available, we will post all hardcopy comments on 
http://www.regulations.gov.
    In addition, comments and materials we receive, as well as 
supporting documentation used in preparing this proposed rule, will be 
available for public inspection in two ways:
    (1) You can view them on http://www.regulations.gov. Search for 
FWS-R7-MB-2013-0109, which is the docket number for this rulemaking.
    (2) You can make an appointment, during normal business hours, to 
view the comments and materials in person at the Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service; 4501 N. Fairfax Drive, 
Room 4107, Arlington, VA 22203-1610.

Public Availability of Comments

    As stated above in more detail, before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Why is this rulemaking necessary?

    This 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. This rule proposes regulations for the taking of migratory 
birds for subsistence uses in Alaska during the spring and summer of 
2014. This rule proposes a list of migratory bird season openings and 
closures in Alaska by region.

How do I find the history of these regulations?

    Background information, including past events leading to this 
rulemaking, accomplishments since the Migratory

[[Page 75322]]

Bird Treaties with Canada and Mexico were amended, and a history, was 
originally addressed in the Federal Register on August 16, 2002 (67 FR 
53511) and most recently on February 21, 2013 (78 FR 11988).
    Recent Federal Register documents, which are all proposed rules 
setting forth the annual harvest regulations, are available at http://alaska.fws.gov/ambcc/regulations.htm or by contacting the person listed 
under FOR FURTHER INFORMATION CONTACT.

What is the process for issuing regulations for the subsistence harvest 
of migratory birds in Alaska?

    The U.S. Fish and Wildlife Service (Service or we) is proposing 
migratory bird subsistence harvest regulations in Alaska for the 2014 
season. These 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.
    We opened the process to establish regulations for the 2014 spring 
and summer subsistence harvest of migratory birds in Alaska in a 
proposed rule published in the Federal Register on April 9, 2013 (78 FR 
21200), to amend 50 CFR part 20. While that proposed rule dealt 
primarily with the regulatory process for hunting migratory birds for 
all purposes throughout the United States, we also discussed the 
background and history of Alaska subsistence regulations, explained the 
annual process for their establishment, and requested proposals for the 
2014 season. The rulemaking processes for both types of migratory bird 
harvest are related, and the April 9, 2013, proposed rule explained the 
connection between the two.
    The Alaska Migratory Bird Co-management Council (Co-management 
Council) held meetings on April 3-4, 2013, to develop recommendations 
for changes that would take effect during the 2014 harvest season. 
These recommendations were presented first to the Flyway Councils and 
then to the Service Regulations Committee (SRC) at the committee's 
meeting on July 23-25, 2013.

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 migratory bird 
subsistence harvest to about 13 percent of Alaska residents. High-
populated, roaded 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 
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, based on the latest 
census information at that time.
    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.
    In 2012, we received a request from the Native Village of Eyak to 
include Cordova, Alaska, for a limited season that would legalize the 
traditional gathering of gull eggs and early season waterfowl.

What is different in the region-specific regulations for 2014?

    In 2011, we received a request by the Fairbanks Native Association 
asking that regulations be developed that would allow residents who 
live in excluded areas be able to participate in the spring/summer 
subsistence migratory bird harvest. This would permit tribal members 
currently living in excluded areas to openly and traditionally continue 
their Native traditional hunting practices and provide for the cultural 
and traditional needs for spring/summer waterfowl. This proposal 
request was tabled by the Co-management Council until exact wording 
could be worked out by the Invitation Subcommittee of the Council. 
Language was proposed to amend 50 CFR 92.5, Subpart D, and recommended 
for passage by the Co-management Council at their April 2013 meeting.
    Upon legal review by individuals in the Department of the 
Interior's Office of the Solicitor and the Service's Law Enforcement 
Division, the language was amended by the Service working with the 
Invitation Subcommittee. The primary legal concerns were deviations 
from the language in the Letter of Submittal de-emphasizing that the 
purpose of allowing residents who live in excluded areas to be able to 
participate in the spring/summer subsistence migratory bird harvest is 
to assist immediate family members still residing in a village in an 
included area. This revision was approved via phone poll by the Co-
management Council in July 2013. The revised language was approved by 
the SRC on July 25, 2013.
    In 2012, the Native Village of Eyak requested to add residents of 
Cordova, Alaska, onto the list of included subsistence communities 
based on criteria set forth in 50 CFR 92.5(c). They stated that this 
would allow for the legal traditional gathering of gull eggs and early 
season hunting of migratory waterfowl (and cranes) to subsistence 
residents. The Copper River barrier islands afford traditional location 
for gull egg gathering and early spring migratory waterfowl hunting. 
The harvest season requested would be in Prince William Sound Game 
Management Units 6C and 6D (barrier islands only), to open a waterfowl 
hunting season, April 2-30, and a gull egg gathering season, May 1-31, 
primarily for the residents of Cordova. Special registration permits 
would be required and hunting would be done from boats or ATVs. The 
Native Village of Eyak worked closely with the Service's Migratory Bird 
Management Office to restrict harvest to protect and conserve dusky 
Canada geese, trumpeter swans, and shorebirds. This subsistence harvest 
would require the possession of special registration permits to help 
ensure harvesting is conducted only by residents of included areas. The 
SRC approved inclusion of Cordova at their meeting on July 25, 2013.

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 25 years through 
the use of annual household surveys in the most heavily used 
subsistence harvest areas, such as the Yukon-Kuskokwim Delta. In recent 
years, more intensive

[[Page 75323]]

surveys combined with outreach efforts focused on species 
identification have been added to improve the accuracy of information 
gathered from regions still reporting some subsistence harvest of 
listed or candidate species.

Spectacled and Steller's Eiders

    Spectacled eiders (Somateria fischeri) and the Alaska-breeding 
population of Steller's eiders (Polysticta stelleri) are listed as 
threatened species. Their migration and breeding distribution overlap 
with areas where the spring and summer subsistence migratory bird hunt 
is open in Alaska. Both species are closed to hunting, although harvest 
surveys and Service documentation indicate both species have been taken 
in several regions of Alaska.
    The Service has dual objectives and responsibilities for 
authorizing a subsistence harvest while protecting migratory birds and 
threatened species. Although these objectives continue to be 
challenging, they are not irreconcilable, providing the proposed 
regulations continue to protect threatened species, measures to remedy 
documented threats are implemented, and the subsistence community and 
other conservation partners commit to working together. With these dual 
objectives in mind, the Service, working with North Slope partners, 
developed measures in 2009, to further reduce the potential for 
shooting mortality or injury of closed species. These conservation 
measures included: (1) Increased waterfowl hunter outreach and 
community awareness through partnering with the North Slope Migratory 
Bird Task Force; (2) continued enforcement of the migratory bird 
regulations that are protective of listed eiders; and (3) in-season 
Service verification of the harvest to detect taking of any threatened 
eider species.
    This proposed rule continues to focus on the North Slope from 
Barrow to Point Hope because Steller's eiders from the listed Alaska 
breeding population are known to breed and migrate there. These 
proposed regulations are designed to address several ongoing eider 
management needs by clarifying for subsistence users that (1) Service 
law enforcement personnel have authority to verify species of birds 
possessed by hunters, and (2) it is illegal to possess any species of 
bird closed to harvest. This rule also describes how the Service's 
existing authority of emergency closure would be implemented, if 
necessary, to protect Steller's eiders. We are always willing to 
discuss regulations with our partners on the North Slope to ensure 
protection of closed species as well as provide subsistence hunters an 
opportunity to harvest migratory birds in a way that maintains the 
culture and traditional harvest of the community. The regulations 
pertaining to bag checks and possession of illegal birds are deemed 
necessary to verify that no closed eider species are taken during the 
legal subsistence hunt.
    The Service is aware of and appreciates the considerable efforts by 
North Slope partners to raise awareness and educate hunters on 
Steller's eider conservation via the bird fair, meetings, radio shows, 
signs, school visits, and one-on-one contacts. We also recognize that 
no listed eiders have been documented shot from 2009 through 2012, even 
though Steller's eiders nested in the Barrow area from 2010 through 
2013. One Steller's eider and one spectacled eider were found shot 
during the summer of 2013, and are under investigation. The Service 
acknowledges progress made with the other eider conservation measures 
including partnering with the North Slope Migratory Bird Task Force for 
increased waterfowl hunter awareness, continued enforcement of the 
regulations, and in-season verification of the harvest. Our primary 
strategy to reduce the threat of shooting mortality of threatened 
eiders is to continue working with North Slope partners to conduct 
education, outreach, and harvest monitoring. In addition, the emergency 
closure authority provides another level of assurance if an unexpected 
amount of Steller's eider shooting mortality occurs (50 CFR 92.21 and 
50 CFR 92.32).
    In-season harvest monitoring information would be used to evaluate 
the efficacy of regulations, conservation measures, and outreach 
efforts. Conservation measures are being continued by the Service and 
the North Slope Borough, with the amount of effort and emphasis being 
based on regulatory adherence. Specifically, local communities have 
continued to develop greater responsibility for taking actions to 
ensure Steller's and spectacled eider conservation and recovery, and 
based on last year's observations, local hunters have demonstrated 
greater compliance with hunting regulations.
    The longstanding general emergency closure provision at 50 CFR 
92.21 specifies that the harvest may be closed or temporarily suspended 
upon finding that a continuation of the regulation allowing the harvest 
would pose an imminent threat to the conservation of any migratory bird 
population. With regard to Steller's eiders, the regulation at 50 CFR 
92.32, carried over from the past 3 years, would clarify that we would 
take action under 50 CFR 92.21 as is necessary to prevent further take 
of Steller's eiders, and that action could include temporary or long-
term closures of the harvest in all or a portion of the geographic area 
open to harvest. If mortality of threatened eiders occurs, we would 
evaluate each mortality event by criteria such as cause, quantity, sex, 
age, location, and date. We would consult with the Co-management 
Council when we are considering an emergency closure. If we determine 
that an emergency closure is necessary, we would design it to minimize 
its impact on the subsistence harvest.

Yellow-Billed Loon

    Yellow-billed loons (Gavia adamsii) are a candidate species for 
listing under the Endangered Species Act of 1973, as amended (16 U.S.C. 
1531 et seq.). Their migration and breeding distribution overlaps with 
where the spring and summer migratory bird hunt is open in Alaska. 
Yellow-billed loons are closed to hunting, but harvest surveys have 
indicated that on the North Slope and St. Lawrence Island some take 
does occur. Most of the yellow-billed loons reported harvested on the 
North Slope were found to be entangled loons salvaged from subsistence 
fishing nets as described below. The Service would continue outreach 
efforts in both areas in 2014, engaging partners to decrease the take 
of yellow-billed loons.
    Consistent with the request of the North Slope Borough Fish and 
Game Management Committee and the recommendation of the Co-management 
Council, this rule proposes to continue 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 to the Inupiat 
Eskimo of the North Slope for use in traditional dance regalia. A 
maximum of 20 yellow-billed loons would be allowed to be kept if found 
entangled in fishing nets in 2014, under this provision. This proposed 
provision does not authorize intentional harvest of yellow-billed 
loons, but allows use of those loons inadvertently entangled during 
normal subsistence fishing activities.

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act (16 U.S.C. 1536) requires 
the Secretary of the Interior to ``review other programs administered 
by her and utilize such programs in furtherance of the purposes of the 
Act'' and to ``insure that any action authorized, funded, or carried 
out . . . is not likely to

[[Page 75324]]

jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of [critical] habitat. . . .'' Prior to issuance of annual spring and 
summer subsistence regulations, we would consult under section 7 of the 
Endangered Species Act of 1973, as amended (Act), to ensure that the 
2014 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.

Statutory Authority

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

Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. The Office 
of Information and Regulatory Affairs has determined that this rule is 
not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule would 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. This 
proposed rule would legalize a pre-existing subsistence activity, and 
the resources harvested would 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) Would not have an annual effect on the economy of $100 million 
or more. It proposes to legalize and regulate a traditional subsistence 
activity. It would not result in a substantial increase in subsistence 
harvest or a significant change in harvesting patterns. The commodities 
that would be regulated under this proposed 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 proposed rule would 
derive from the sale of equipment and ammunition to carry out 
subsistence hunting. Most, if not all, businesses that sell hunting 
equipment in rural Alaska qualify as small businesses. We have no 
reason to believe that this proposed rule would lead to a 
disproportionate distribution of benefits.
    (b) Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. This proposed rule does not deal with 
traded commodities and, therefore, does not have an impact on prices 
for consumers.
    (c) Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
proposed 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 proposed rule would not impose a 
cost of $100 million or more in any given year on local, State, or 
tribal governments or private entities. The proposed 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 would require 
travel expenses for some Alaska Native organizations and local 
governments. In addition, they would assume some expenses related to 
coordinating involvement of village councils in the regulatory process. 
Total coordination and travel expenses for all Alaska Native 
organizations are estimated to be less than $300,000 per year. In a 
Notice of Decision (65 FR 16405; March 28, 2000), we identified 7 to 12 
partner organizations (Alaska Native nonprofits and local governments) 
to administer the regional programs. The Alaska Department of Fish and 
Game would also incur expenses for travel to Co-management Council and 
regional management body meetings. In addition, the State of Alaska 
would 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 proposed rule 
would not have significant takings implications. This proposed 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 proposed rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism

[[Page 75325]]

summary impact statement. We discuss effects of this proposed rule on 
the State of Alaska in the Unfunded Mandates Reform Act section above. 
We worked with the State of Alaska to develop these proposed 
regulations. Therefore, a federalism summary impact statement is not 
required.

Civil Justice Reform (Executive Order 12988)

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

Government-to-Government Relations With Native American Tribal 
Governments

    Consistent with Executive Order 13175 (65 FR 67249; November 6, 
2000), ``Consultation and Coordination with Indian Tribal 
Governments'', and Department of Interior policy on Consultation with 
Indian Tribes (December 1, 2011), we will send letters to all 229 
Alaska Federally recognized Indian tribes. Consistent with 
Congressional direction (Pub. L. 108-199, div. H, Sec. 161, Jan. 23, 
2004, 118 Stat. 452, as amended by Pub. L. 108-447, div. H, title V, 
Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we will be sending letters to 
approximately 200 Alaska Native corporations and other tribal entities 
in Alaska soliciting their input as to whether or not they would like 
the Service to consult with them on the 2014 migratory bird subsistence 
harvest regulations.
    We implemented the amended treaty with Canada with a focus on local 
involvement. The treaty calls for the creation of management bodies to 
ensure an effective and meaningful role for Alaska's indigenous 
inhabitants in the conservation of migratory birds. According to the 
Letter of Submittal, management bodies are to include Alaska Native, 
Federal, and State of Alaska representatives as equals. They would 
develop recommendations for among other things: seasons and bag limits, 
methods and means of take, law enforcement policies, population and 
harvest monitoring, education programs, research and use of traditional 
knowledge, and habitat protection. The management bodies would involve 
village councils to the maximum extent possible in all aspects of 
management. To ensure maximum input at the village level, we required 
each of the 11 participating regions to create regional management 
bodies consisting of at least one representative from the participating 
villages. The regional management bodies meet twice annually to review 
and/or submit proposals to the Statewide body.

Paperwork Reduction Act

    This proposed rule has been examined under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.) and does not contain any new 
collections of information that require Office of Management and Budget 
(OMB) approval. OMB has renewed our collection of information 
associated with the voluntary annual household surveys used to 
determine levels of subsistence take. The OMB control number is 1018-
0124, which now expires June 30, 2016. 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.

National Environmental Policy Act (42 U.S.C. 4321 et seq.) 
Consideration

    The annual regulations and options are considered in the 
environmental assessment, ``Managing Migratory Bird Subsistence Hunting 
in Alaska: Hunting Regulations for the 2014 Spring/Summer Harvest,'' 
September 20, 2013. Copies are available from the person listed under 
FOR FURTHER INFORMATION CONTACT or at http://www.regulations.gov.

Energy Supply, Distribution, or Use (Executive Order 13211)

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This is not a 
significant regulatory action under this Executive Order; it would 
allow only for traditional subsistence harvest and would improve 
conservation of migratory birds by allowing effective regulation of 
this harvest. Further, this proposed 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

    Hunting, Treaties, Wildlife.

Proposed Regulation Promulgation

    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

0
1. The authority citation for part 92 continues to read as follows:

    Authority: 16 U.S.C. 703-712.

Subpart A--General Provisions

0
2. Amend Sec.  92.5 by revising paragraph (d) to read as follows:


Sec.  92.5  Who is eligible to participate?

* * * * *
    (d) Participation by permanent residents of excluded areas. 
Immediate family members who are residents of excluded areas may 
participate in the customary spring and summer subsistence harvest in a 
village's subsistence area with permission of the village council, to 
assist indigenous inhabitants in meeting their nutritional and other 
essential needs or for the teaching of cultural knowledge. A letter of 
invitation will be sent by the village council to the hunter with a 
copy to the Executive Director of the Co-management Council, who will 
inform law enforcement.
* * * * *

Subpart D--Annual Regulations Governing Subsistence Harvest

0
3. Amend subpart D by adding Sec.  92.31 to read as follows:


Sec.  92.31  Region-specific regulations.

    The 2014 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 field 
biologists and the Association of Village Council President's Waterfowl 
Conservation Committee. This 30-day period would occur between June 1 
and August 15 of each year. A press release announcing the actual 
closure dates would be

[[Page 75326]]

forwarded to regional newspapers and radio and television stations.
    (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 would be 
forwarded to regional newspapers and radio and television stations.
    (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 Larsen 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 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.
    (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.
    (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) No person may 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.
    (ii) 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 West (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) Prince William Sound Area East (Harvest area: Units 6[C]and 
[B]--Barrier Islands between Strawberry Channel and Softtuk Bar), 
(Eligible Chugach communities: Cordova):
    (i) Season: April 2-April 30 (hunting); May 1-May 31 (gull egg 
gathering).
    (ii) Closure: May 1-August 31 (hunting); April 2-30 and June 1-
August 31 (gull egg gathering).
    (iii) Species Open for Hunting: greater white-fronted goose; snow 
goose; gadwall; Eurasian and American wigeon; blue-winged and green-
winged teal; mallard; northern shoveler; northern pintail; canvasback; 
redhead; ring-necked duck; greater and lesser scaup; king and common 
eider; harlequin duck; surf, white-winged, and black scoter; long-
tailed duck; bufflehead; common and Barrow's goldeneye; hooded, common, 
and red-breasted merganser; and sandhill crane. Species open for egg 
gathering: glaucous-winged, herring, and mew gulls.
    (iv) Use of Boats/All-Terrain Vehicles: No hunting from motorized 
vehicles or any form of watercraft.
    (v) Special Registration: All hunters or egg gathers must possess 
an annual permit; available from the Cordova offices of the Native 
Village of Eyak and the U.S. Forest Service.
    (3) Kachemak Bay Area (Harvest area: Unit 15[C] South of a line 
connecting the tip of Homer Spit to the mouth of

[[Page 75327]]

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(a)):
    (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 Point 
Riou), and coastal lands and islands bordering the Gulf of Alaska from 
Point Manby southeast to Dry Bay):
    (i) Season: glaucous-winged gull egg gathering: May 15-June 30.
    (ii) Closure: July 1-August 31.
0
4. Amend subpart D by adding 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 (Polysticta stelleri), 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 Statewide long-term closures 
of all subsistence migratory bird hunting. These 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: November 22, 2013.
Michael J. Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2013-29300 Filed 12-10-13; 8:45 am]
BILLING CODE 4310-55-P