[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Proposed Rules]
[Pages 10316-10324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02688]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[Docket No. FWS-R7-MB-2016-0136; FF09M21200-167-FXMB1231099BPP0]
RIN 1018-BB71


Migratory Bird Subsistence Harvest in Alaska During the 2017 
Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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[[Page 10317]]

SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is 
proposing migratory bird subsistence harvest regulations in Alaska for 
the 2017 season. These proposed regulations would allow for 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 would establish region-specific regulations 
that would go into effect on April 2, 2017, and expire on August 31, 
2017.

DATES: We will accept comments received or postmarked on or before 
March 13, 2017. We must receive requests for public hearings, in 
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by 
February 27, 2017.

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-2016-0136.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R7-MB-2016-0136; Division of Policy, Performance, and 
Management Programs; U.S. Fish and Wildlife Service; 5275 Leesburg 
Place, MS: BPHC; Falls Church, VA 22041-3803.
    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 ADDRESSES. 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-2016-0136, 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, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-
3803; (703) 358-1714.

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.

Length of Comment Period

    Implementation of the Service's 2013 supplemental environmental 
impact statement on the hunting of migratory birds has resulted in 
changes to the overall timing of the annual regulatory schedule for the 
establishment of migratory bird hunting regulations and the Alaska 
migratory bird subsistence-harvest regulations. That is, moving the 
annual Service Regulations Committee meeting from July to October has 
greatly shortened our period to publish the proposed regulations and 
solicit comments. We are further bounded by a subsistence-harvest start 
date of April 2, 2017, making a 60-day comment period problematic and 
increasing the risk of not having regulations established before the 
start of the subsistence season. Thus, we have established a 30-day 
comment period for this proposed rule (see DATES, above), and we will 
be conducting tribal consultations within Alaska simultaneously. A 30-
day comment period gives the public adequate time to provide meaningful 
comments.

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 proposed rule would establish regulations for the taking 
of migratory birds for subsistence uses in Alaska during the spring and 
summer of 2017. This proposed rule also sets forth 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 Bird Treaties with 
Canada and Mexico were amended, and a history, were originally 
addressed in the Federal Register on August 16, 2002 (67 FR 53511) and 
most recently on April 1, 2016 (81 FR 18781).
    Recent Federal Register documents and all final rules setting forth 
the annual harvest regulations are available at http://www.fws.gov/alaska/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 is proposing migratory bird 
subsistence-

[[Page 10318]]

harvest regulations in Alaska for the 2017 season. These proposed 
regulations would allow for 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 Alaska Migratory Bird Co-management Council (Co-management 
Council) held meetings on April 6-7, 2016, to develop recommendations 
for changes that would take effect during the 2017 harvest season. The 
Co-management Council also amended the consent agenda package of carry-
over regulations to request a limited emperor goose harvest for 2017; 
these recommended changes were presented first to the Pacific Flyway 
Council and then to the Service Regulations Committee (SRC) for 
approval at the SRC meeting on July 31, 2015.

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.
    In response to petitions requesting inclusion in the harvest in 
2004, we added 13 additional communities consistent with the criteria 
set forth at 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 in response to petitions 
requesting inclusion. These southeastern communities were Craig, 
Hydaburg, and Yakutat, with a combined population of 2,459, according 
to 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 the hunting of waterfowl during 
spring. This request resulted in a new, limited harvest of spring 
waterfowl and gull eggs starting in 2014.

What is different in the regulations for 2017?

Subpart C

    Under subpart C, General Regulations Governing Subsistence Harvest, 
we are proposing to amend Sec.  92.22, the list of birds open to 
subsistence harvest, by adding emperor goose (Chen canagica) and by 
amending cackling goose to allow egg gathering.
    The Co-management Council proposed a new emperor goose limited 
subsistence hunt for the 2016 season. Since 2012, the Co-management 
Council has received regulatory proposals from the Sun'aq Tribe of 
Kodiak, the Kodiak-Aleutians Subsistence Regional Advisory Council, the 
Yaquillrit Keutisti Council (Bristol Bay), and the Bering Strait/Norton 
Sound Migratory Bird Council (Kawerak) to open the harvest of emperor 
geese for the subsistence season. Since the hunting season has been 
closed since 1987 for emperor geese, the Co-management Council created 
a subcommittee to address these proposals. The emperor goose harvest 
was guided by the 2006 Pacific Flyway Management Plan and the 2005-2006 
Yukon-Kuskokwim Delta Goose Management Plan. Between 80 and 90 percent 
of the emperor goose population breeds on the Yukon-Kuskokwim Delta of 
Alaska, and most emperor geese winter in remote western Alaska, with 
the remainder wintering in Russia.
    Two studies were conducted concurrently by the Service and the 
Alaska Department of Fish and Game. The first study provided a 
comprehensive evaluation of all available emperor goose survey data and 
assessed harvest potential of the population. The second study 
developed a Bayesian state space population model to improve estimates 
of population size by integrating current population assessment methods 
using all available data sets. The model provides a framework from 
which to make inferences about survival rates, age structure, and 
population size. The results of these studies will assist in amending 
the management plans.
    The 2016 spring emperor goose survey was conducted April 21-24, 
2016. The spring index was 79,348 birds, which represented a 19.2 
percent decrease from the previous count in 2015. The current 3-year 
(2014-2016) average count of 85,795 is 4.8 percent above the previous 
3-year (2012-2015 [no survey in 2013]) average of 81,875. Further, it 
is above the threshold for consideration of an open hunting season on 
emperor geese as specified in the Yukon-Kuskokwim Delta Goose 
Management Plan and the Pacific Flyway Council Management Plan for 
emperor geese.
    As a result of this new information, the Co-management Council 
amended their motion of the consent agenda to add an allowance for a 
limited emperor goose harvest in 2016. The Pacific Flyway Council met 
in July 2015, and supported the Co-management Council's recommendation 
to work with the State of Alaska and the Service to develop harvest 
regulations and monitoring for a limited emperor goose harvest in 2016. 
On July 31, 2015, the SRC supported the Co-management Council's 
proposed limited harvest of emperor geese for the 2016 Alaska spring 
and summer subsistence season. However, the approval was provisional 
based upon the following:
    (1) A limited harvest of 3,500 emperor geese to ensure that 
population growth continues toward the Flyway management plan 
objective;
    (2) A harvest allocation (e.g., an individual, family, or Village 
quota or permit hunt) that ensures harvest does not exceed 3,500;
    (3) Agreement on a monitoring program to index abundance of the 
emperor goose population; and
    (4) A revised Pacific Flyway Emperor Goose Management Plan, 
including harvest allocation among all parties (including spring/summer 
and fall/winter), population objective, population monitoring, and 
thresholds for season restriction or closure.
    The harvest allocation design and harvest monitoring plan were to 
be completed by November 1, 2016. Additionally, there was an explicit 
statement that the limited, legalized harvest of 3,500 birds was not in 
addition to existing subsistence harvest (approximately 3,200 emperor 
geese). The 3,500-bird allowable harvest was to be allocated to 
subsistence users during

[[Page 10319]]

the spring and summer subsistence season. The SRC suggested that the 
allowable harvest should be monitored to ensure it does not exceed 
3,500 birds.
    On August 13-14, and September 21, 2015, the Co-management Council 
Native Caucus met separately and with all partners to discuss options 
available to limit and monitor the harvest, as well as options to 
allocate the 3,500 birds across the six regions where emperor geese 
occur. Given the limited time provided to address the four conditions 
placed on this new harvest by the SRC, all partners agreed that the 
best course of action would be to spend additional time working 
together to develop a culturally sensitive framework tailored to each 
participating region that conserves the population and adequately 
addresses the data needs of all partners. In support of this 
recommendation, the Co-management Council took action to: Postpone an 
emperor goose harvest until 2017; work with all partners to develop the 
harvest framework; and work with their Emperor Goose Subcommittee and 
the Pacific Flyway Council on updating the Pacific Flyway Emperor Goose 
Management Plan.
    In 2016, work continued on the Alaska Migratory Bird Co-management 
Council draft Management Plan for emperor geese. The Co-management 
Council's Management Plan was the first of its kind developed 
cooperatively for managing the emperor goose population of Alaska and 
was signed by the Co-management Council on September 1, 2016. Adoption 
of the Co-management Council's Emperor Goose Management Plan was 
contingent on the adoption of the Pacific Flyway Emperor Goose 
Management Plan by the Pacific Flyway Council. The Pacific Flyway 
Council adopted the 2016 Pacific Flyway Emperor Goose Management Plan 
on September 30, 2016. The Co-management Council's Management Plan 
specifies regulations for the spring/summer subsistence hunt period and 
will serve as a companion to the 2016 revision of the Pacific Flyway 
Management Plan for the Emperor Goose, which specifies regulations for 
the fall/winter harvest of emperor geese. The Co-management Council's 
Management Plan supersedes the Yukon-Kuskokwim Delta Goose Management 
Plan for emperor goose management. In both management plans, the spring 
survey index was been replaced by a summer survey index of indicated 
total birds (total bird index) derived from aerial surveys of emperor 
goose abundance on the Yukon-Kuskokwim Delta (YKD Coastal Zone Survey). 
The total bird index is less biased and more precise than the spring 
survey index and is based on statistical sampling theory. The 2016 
survey index was 34,109 (SE = 2,490) emperor geese, which equates to a 
total range-wide population of about 177,000 geese. The most recent 
three-year (2014-2016) average population index is 30,965 emperor 
geese; representing a total range-wide population of about 161,000 
geese. The Co-management Council's Plan for the emperor goose 
establishes a population objective consistent with the abundance 
achieved in 2016 (i.e., abundance index = 34,109) after about 30 years 
of hunting season closures.
    The total bird index and population objective are viewed as interim 
strategies that will be reevaluated after 3 years of the Co-management 
Council's Management Plan implementation, while other population-
assessment models are further evaluated, refined and an agreement 
developed on the most appropriate short- and long-term survey 
protocols. The Co-management Council's Management Plan outlines an 
emperor goose harvest strategy based on using a total bird index from 
the YKD Coastal Zone Survey to assess population status relative to a 
regulatory harvest threshold. The total bird index is a relative 
measure of population size based on the number of geese detected from 
aerial surveys on the Yukon-Kuskokwim Delta during the early nesting 
period. The Co-management Council's Plan allows for an open subsistence 
harvest when the YKD Coastal Zone Survey index equals or exceeds 28,000 
geese, which equates to a total range-wide population size of about 
146,000 geese based on current model-based estimates. A more 
restrictive harvest quota will be considered if the population index 
declines below 28,000 geese to help reduce the probability for a 
subsequent closed season. The harvest season will be closed if the 
population index declines below 23,000 emperor geese, which equates to 
a total range-wide population size of about 120,000 geese. The decision 
to restrict the harvest quota when the population is between 23,000 and 
28,000 geese depends on Co-management Council recommendations to the 
Service after review of current year population status relative to the 
objective, trends, and other information. The Service maintains 
authority to establish a more conservative quota for allowable take if 
determined appropriate.
    The population thresholds for consideration of hunting season 
restrictions and closure represent about 80% and 70% of the population 
objective (i.e., abundance level achieved in 2016; 34,109 geese). 
Selection of these thresholds by the Council and AMBCC where informed 
by an analysis conducted by the Service. The analysis derived the 
optimal hunting season closure threshold given conservation and harvest 
objectives, uncertainty in abundance and harvest estimation, and a 
predictive demographic model (E. Osnas and C. Frost, U.S. Fish and 
Wildlife Service, unpublished report).
    The term of this harvest strategy is 5 years. However, during the 
3-year period (2017-2019) following implementation, the Subcommittee 
will annually review available data (e.g., harvest survey data, 
population status and trend, and other relevant information) and 
consider the need for conservation measures. After the 3-year period, 
the Subcommittee will conduct a thorough analysis of the available data 
to determine efficacy of the harvest strategy and will consider 
alternative strategies if warranted. Alternatives will be considered as 
amendments to the management plan and be effective for the remainder of 
the 5-year term. The spring/summer subsistence harvest-strategy is 
complementary to the fall/winter harvest strategy included in the 
Pacific Flyway Emperor Goose Management Plan. In recognition that 
emperor geese are a shared resource, the Co-Management Council has 
established the following spring/summer subsistence-harvest guidelines:
    (1) The harvest strategy seeks to maintain a population of emperor 
geese above an index of 23,000 birds based on the total bird index from 
the most recent YKD Coastal Zone Survey;
    (2) If the total bird index from the previous year is greater than 
23,000 birds, then spring/summer subsistence harvest of emperor geese 
will be open to customary and traditional practices;
    (3) If the total bird index from the previous year drops below 
28,000 birds, the Co-management Council will consider implementing 
conservation measures that include: increased outreach and education 
programs, reduced season length (e.g., 2-week harvest season), 
extension of the 30-day closure, cessation of egg collection, limiting 
hunting to elder and ceremonial harvest only, or other measures as 
identified by the parties to the management plan; and
    (4) If the total bird index from the previous year is less than 
23,000 birds, then emperor goose hunting will be closed.
    The Service finds that this proposal will provide for the 
preservation and maintenance of emperor geese in Alaska. See 16 U.S.C. 
712(1).

[[Page 10320]]

    The Association of Village Council Presidents' Waterfowl 
Conservation Committee submitted a proposal to open egg gathering of 
the cackling goose subspecies of Canada goose (Branta canadensis) in 
the Yukon/Kuskokwim Delta Region of Alaska. Currently all of the 
cackling geese nest on the Yukon/Kuskokwim Delta. The 2016 fall 
cackling Canada goose population index is 327,453  21,104 
(SE) birds and the 3-year (2014-2016) average is 320,658 birds. These 
estimates are 5.7 percent below and 0.9 percent above, respectively, 
those reported in 2015, and above the population objective threshold of 
250,000 birds. The Co-management Council voted in April 2016 to support 
the proposal with the modification that the dates for egg collecting 
would be lumped with the existing harvest season that is announced 
annually by the Service's Regional Director or his designee, after 
consultation with field biologists and the Association of Village 
Council Presidents' Waterfowl Conservation Committee. This season would 
include a 30-day closure to protect nesting birds. Likewise, we find 
that this proposal will provide for the preservation and maintenance of 
the subspecies population of cackling geese.

Subpart D

    The regulations we are proposing for subpart D, Annual Regulations 
Governing Subsistence Harvest, include changes from our 2016 
regulations for the Prince William Sound East and Northwest Arctic 
regions as discussed below.
    The Chugach Regional Resource Commission submitted a proposal to 
open the Cordova subsistence harvest, in the barriers islands of Prince 
William Sound, to include residents of Tatitlek and Chenega Bay. This 
would allow residents of these two small communities to also be able to 
take advantage of this limited harvest opportunity in their area. The 
number of participants from Cordova is much smaller than originally 
anticipated; thus, it is likely that added eligibility for these two 
small communities would not pose a significant increase in harvest. The 
Co-management Council supported this proposal with the provision that 
registration would be available in each community, and outreach on the 
regulations.
    The Northwest Arctic Regional Council submitted a proposal to amend 
hunting season dates to reflect a trend for earlier spring migration 
and to be able to hunt molting geese that stage in their area. In 
subsequent meetings between the Service and the Regional Council, dates 
were adjusted and clarified to have waterfowl harvest, including 
hunting and egg gathering, from April 2 through June 14, which would 
resume July 16, after the required 30-day nesting closure. The harvest 
of nonbreeding, molting geese would run July 1 through July 15. The Co-
management Council unanimously supported the amended dates at their 
Statewide meeting in April 2016.
How will the service ensure that the subsistence migratory bird harvest 
complies with the Migratory Bird Treaty Act, and will not threaten the 
conservation of endangered and threatened species?
    We have monitored subsistence harvest for the past 25 years through 
the use of household surveys in the most heavily used subsistence 
harvest areas, such as the Yukon-Kuskokwim Delta. In recent years, more 
intensive 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.
    Based on our monitoring of the migratory bird species and 
populations taken for subsistence, we find that this proposed 
regulation will provide for the preservation and maintenance of 
migratory bird stocks as required by the Migratory Bird Treaty Act. The 
Act's 16 U.S.C. 712(1) provision states that Service ``is authorized 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.'' 
Communication and coordination between the Service, the Co-management 
Council, and the Pacific Flyway Council have allowed us to set harvest 
regulations to ensure the long-term viability of the migratory bird 
stocks. In addition, Alaska migratory bird subsistence harvest rates 
have continued to decline since the inception of the subsistence-
harvest program, reducing concerns about the program's consistency with 
the preservation and maintenance of stocks of migratory birds.
    As for the ensuring the conservation of Endangered Species Act-
listed species, 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 are 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, provided that (1) regulations 
continue to protect threatened species, (2) measures to address 
documented threats are implemented, and (3) 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; and (2) continued enforcement of the migratory bird 
regulations that are protective of listed eiders.
    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, and harvest 
survey data and direct observations indicate take during subsistence 
harvest has occurred 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 
proposed 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 
while providing subsistence hunters an opportunity to maintain the 
culture and traditional migratory bird harvest of the community. The 
proposed regulations pertaining to bag checks and possession of illegal 
birds are deemed necessary to monitor take of closed eider species 
during the subsistence hunt.
    In collaboration with North Slope partners, a number of 
conservation efforts have been implemented to raise awareness and 
educate hunters on

[[Page 10321]]

Steller's eider conservation via the bird fair, meetings, radio shows, 
signs, school visits, and one-on-one contacts. Limited intermittent 
monitoring on the North Slope, focused primarily at Barrow, found no 
evidence that listed eiders were shot in 2009 through 2012; one 
Steller's eider and one spectacled eider were found shot during the 
summer of 2013; one Steller's eider was found shot in 2014; and no 
listed eiders were found shot in 2015 or 2016. Elsewhere in Alaska, one 
spectacled eider that appeared to have been shot was found dead on the 
Yukon-Kuskokwim Delta in 2015. 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. To reduce the threat of shooting 
mortality of threatened eiders, we continue to work with North Slope 
partners to conduct education and outreach. In addition, the emergency-
closure authority provides another level of assurance if an unexpected 
number of Steller's eiders are killed by shooting (50 CFR 92.21 and 50 
CFR 92.32).
    In-season harvest-monitoring information will be used to evaluate 
the efficacy of regulations, conservation measures, and outreach 
efforts. Conservation measures are being continued by the Service, with 
the amount of effort and emphasis being based on regulatory adherence.
    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 proposed regulations 
at 50 CFR 92.32, carried over from the past 6 years, clarify that we 
will 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. When and if mortality of threatened eiders is 
documented, we will evaluate each mortality event by criteria such as 
cause, quantity, sex, age, location, and date. We will consult with the 
Co-management Council when we are considering an emergency closure. If 
we determine that an emergency closure is necessary, we will design it 
to minimize its impact on the subsistence harvest.

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 him (or 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 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; 16 U.S.C. 1531 et seq.), to ensure that the 2017 
subsistence harvest is not likely to jeopardize the continued existence 
of any species designated as endangered or threatened, or modify or 
destroy its critical habitat, 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. OIRA has 
determined that this proposed 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, if adopted, this 
proposed 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.). A 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 will be consumed.

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 would 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, would not have an impact on prices 
for consumers.

[[Page 10322]]

    (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 would not regulate the marketplace in any way to 
generate substantial 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 requires 
travel expenses for some Alaska Native organizations and local 
governments. In addition, they 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 also incurs 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 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 summary impact statement. We discuss 
effects of this proposed rule on the State of Alaska in the Unfunded 
these Mandates Reform Act section, above. We worked with the State of 
Alaska to develop 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 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

    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 via electronic 
mail 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 also send 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 2017 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 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 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 of 1995 (PRA)

    This proposed rule does not contain any new collections of 
information that require Office of Management and Budget (OMB) approval 
under the PRA (44 U.S.C. 3501 et seq.). We may not conduct or sponsor 
and you are not required to respond to a collection of information 
unless it displays a currently valid OMB control number. OMB has 
reviewed and approved our collection of information associated with:
     Voluntary annual household surveys that we use to 
determine levels of subsistence take (OMB Control Number 1018-0124, 
expires October 31, 2019).
     Permits associated with subsistence hunting (OMB Control 
Number 1018-0075, expires June 30, 2019).

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

    The annual regulations and options are considered in a November 
2016 environmental assessment, ``Managing Migratory Bird Subsistence 
Hunting in Alaska: Hunting Regulations for the 2017 Spring/Summer 
Harvest.'' 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 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 a Statement 
of Energy Effects is not required.

List of Subjects in 50 CFR Part 92

    Hunting, Treaties, Wildlife.

[[Page 10323]]

Regulation Promulgation

    For the reasons set out in the preamble, we 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 C--General Regulations Governing Subsistence Harvest

0
2. Amend Sec.  92.22 by:
0
a. Redesignating paragraph (a)(3) as paragraph (a)(4);
0
b. Adding a new paragraph (a)(3); and
0
c. Revising paragraph (a)(6).
    The addition and revision to read as follows:


Sec.  92.22   Subsistence migratory bird species.

* * * * *
    (a)(3) Emperor goose (Chen canagica).
* * * * *
    (a)(6) Canada goose, subspecies cackling goose.
* * * * *

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 2017 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 (Aleutian 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 Game Management 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 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.
    (3) Special Black Brant and Cackling Canada 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.
    (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. Marine 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 14 and July 
16-August 31 (hunting in general); waterfowl egg gathering April 2-June 
14 only; seabird egg gathering May 20-July 12 only; hunting molting/
non-nesting waterfowl July 1-July 15 only.
    (2) Closure: June 15-July 15, 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 consists 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 2-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 inadvertently entangled in 
subsistence fishing nets in the North Slope Region may be 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

[[Page 10324]]

part thereof, taken in violation of subparts 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: 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 Game Management 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: Game Management 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: Game Management 
Units 6[B]and [C]--Barrier Islands between Strawberry Channel and 
Softtuk Bar), (Eligible Chugach communities: Cordova, Tatitlek, and 
Chenega Bay):
    (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 gatherers must possess 
an annual permit, which is available from the Cordova offices of the 
Native Village of Eyak and the U. S. Forest Service.
    (3) Kachemak Bay Area (Harvest area: Game Management 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 Game Management Unit 
16[B] as specified below) (Eligible communities: Tyonek only):
    (1) Season: April 2-May 31--That portion of Game Management Unit 
16(B) south of the Skwentna River and west of the Yentna River, and 
August 1-31--That portion of Game Management 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 and including 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: February 1, 2017.
 Maureen D. Foster,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-02688 Filed 2-9-17; 8:45 am]
 BILLING CODE 4333-15-P