[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13684-13690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06435]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[Docket No. FWS-R7-MB-2017-0087; FXMB12610700000-189-FF07M01000]
RIN 1018-BC70


Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations 
for Migratory Birds in Alaska During the 2018 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is 
establishing migratory bird subsistence harvest regulations in Alaska 
for the 2018 season. These regulations 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 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 establishes 
region-specific regulations that go into effect on April 2, 2018.

DATES: The amendments to subpart C of 50 CFR part 92 are effective 
April 2, 2018. The amendments to subpart D of 50 CFR part 92 are 
effective April 2, 2018, through August 31, 2018.

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: 

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 establishes regulations for the taking of migratory 
birds for subsistence uses in Alaska during the spring and summer of 
2018. This 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 4, 2017 (82 FR 16298).
    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 establishing migratory bird 
subsistence-harvest regulations in Alaska for the 2018 season. These 
regulations 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 
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 5-6, 2017, to develop recommendations 
for changes that would take effect during the 2018 harvest season. The 
Co-management Council recommended no changes for the 2018 regulations.
    On February 1, 2018, we published in the Federal Register a 
proposed rule (83 FR 4623) to amend 50 CFR part 92 to propose 
regulations for the 2018 spring and summer subsistence harvest of 
migratory birds in Alaska at subpart D, and to amend subpart C. We 
accepted public comments on the proposed rule for 30 days, ending March 
5, 2018. A summary of the comments we received, and our responses to 
them, is provided below, under Summary of Comments and Responses.

This Final Rule

    This final rule contains no changes from the proposed regulation 
amendments published on February 1, 2018 (83 FR 4623).

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

[[Page 13685]]

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.

Amendments to Subpart C

    Under subpart C, General Regulations Governing Subsistence Harvest, 
we are amending 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. These changes were originally 
made in the 2017 regulations (82 FR 16298; April 4, 2017), but were 
mistakenly set to expire August 31, 2017. We intended these changes to 
subpart C to be permanent as emperor goose hunting would be based on 
the total bird index; therefore, we are setting them forth again in 
this rule to make them permanent. The Service, Alaska Department and 
Fish and Game, and the Native Caucus agreed to an emperor goose 
management plan designed to allow a sustainable subsistence harvest 
concurrent with population protection. If the emperor goose population 
falls below the level for which subsistence harvest is allowed, the 
emperor goose subsistence harvest season will be closed and the species 
removed from the list of permanent species allowed for harvest.

How would the Service ensure that the subsistence migratory bird 
harvest complies with the Migratory Bird Treaty Act, and would 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 rule will provide 
for the preservation and maintenance of migratory bird stocks as 
required by the Migratory Bird Treaty Act (Act; 16 U.S.C. 703 et seq.). 
The Act's 16 U.S.C. 712(1) provision states that the 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 
(ESA; 16 U.S.C. 1531 et seq.) 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. We have determined that this rule complies with the ESA (see 
Endangered Species Act Consideration discussion, below).
    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 rule continues to focus on the North Slope from Utqiagvik 
(formerly known as 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 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 will 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. These 
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 in and around Utqiagvik on Steller's eider conservation 
via the local bird outreach festival, meetings, radio shows, signs, 
school visits, and one-on-one contacts. Limited intermittent monitoring 
on the North Slope, focused primarily at Utqiagvik, 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 through 2017. 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

[[Page 13686]]

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).
    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 regulations at 50 CFR 
92.32, carried over from the past 7 years, 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. When and if mortality of threatened eiders is documented, 
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.

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 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. * * *'' We conducted an 
intra-agency consultation with the Service's Fairbanks Fish and 
Wildlife Field Office on this harvest as it will be managed in 
accordance with this final rule and the conservation measures. The 
consultation was completed with a biological opinion dated March 2, 
2018, that concluded the final rule and conservation measures are not 
likely to jeopardize the continued existence of Steller's and 
spectacled eiders or result in the destruction or adverse modification 
of designated critical habitat.

Summary of Comments and Responses

    On February 1, 2018, we published in the Federal Register a 
proposed rule (83 FR 4623) to amend 50 CFR part 92 to establish 
regulations in Alaska for the 2018 subsistence season. We accepted 
public comments on the proposed rule for 30 days, ending March 5, 2018. 
We posted an announcement of the comment-period dates for the proposed 
rule, as well as the rule itself and related historical documents, on 
the Co-management Council's internet homepage. By facsimile (fax), we 
issued a press bulletin, announcing our request for public comments and 
the pertinent deadlines for such comments, to the media Statewide in 
Alaska. Additionally, we made all relevant documents available on 
http://www.regulations.gov. In response to the proposed rule, the 
Service received eight comments, but five of these did not address 
topics specific to our proposed rule. The three on-topic comments we 
received are below by topic. The comments are addressed below by topic.
    Comment (1): We received one general comment that expressed 
opposition to the concept of allowing subsistence hunting of migratory 
birds in Alaska on the grounds that it sanctions the murdering of birds 
for food.
    Service Response: For centuries, indigenous inhabitants of Alaska 
have harvested migratory birds for subsistence purposes during the 
spring and summer months. The Canada and Mexico migratory bird treaties 
were amended for the express purpose of allowing subsistence hunting 
for migratory birds during the spring and summer. The amendments 
indicate that the Service should issue regulations allowing such 
hunting as provided in the Migratory Bird Treaty Act; see 16 U.S.C. 
712(1). See also Statutory Authority, below, for more details.
    Comment (2): We received one general comment on the need for 
agencies to develop regulations in a manner consistent with the 
principles of Executive Order (E.O.) 13563.
    Service Response: This rule complies with both E.O. 13563 and E.O. 
12866. Details of our compliance are discussed under Regulatory 
Planning and Review (Executive Orders 12866 and 13563), below.
    Comment (3): We received one comment opposing the addition of 
emperor geese, which the commenter refers to as a near threatened 
species, to subsistence hunting. The commenter also expressed concern 
over the lack of bag limits for hunting emperor geese, as the species 
is vulnerable to overharvest due to aspects of its natural history.
    Service Response: Emperor geese were opened to subsistence harvest 
starting in April 2017; however, the new regulations were mistakenly 
set to expire August 31, 2017 (see 82 FR 16298; April 4, 2017). In this 
rule, we are publishing the same changes we made to the list of birds 
open for harvest in April 2017 to make them permanent, including the 
addition of emperor goose to the list. In the April 4, 2017 final rule, 
we provided justification for opening emperor geese to subsistence 
harvest, and to make this change permanent based on the total bird 
index. In summary, in September 2016, a Co-management Council emperor 
goose management plan was signed as a companion document to the 2016 
revision of the Pacific Flyway management plan for the emperor goose. 
The Co-management Council's plan for the emperor goose establishes a 
population objective of 34,000 bird consistent with the population 
abundance achieved in 2016 (34,109) after about 30 years of hunting 
season closures. This equates to a total range-wide population size of 
about 177,000 geese based on current model estimates. The Co-management 
Council's plan allows for a customary and traditional subsistence 
harvest (i.e., no bag limits) when the Yukon-Kuskokwim Delta Coastal 
Zone Survey index equals or exceeds 28,000 geese, which equates to a 
total range-wide population size of about 145,000 geese. Should the 
population index decline below 28,000 geese, harvest restrictions will 
be considered to 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 population index thresholds 
for hunting season restrictions (28,000) and closure (23,000) represent 
82 percent and 68 percent of the population objective (34,000), 
respectively. The Alaska Native Caucus opposed bag limits during the 
spring-summer subsistence season. The Service, together with the Alaska 
Department of Fish and Game and the Co-management Council's Native 
Caucus, agreed to a harvest strategy that incorporated customary and 
traditional subsistence practices (i.e., no bag limits) but ensured the 
protection of the emperor goose population. The 2016 emperor goose 
population index was

[[Page 13687]]

34,109 (95% Confidence Interval = 29,229 - 38,989). The 2017 emperor 
goose population index was 30,087 (95% Confidence Interval = 26,108-
34,066). The term of this harvest strategy is 5 years with agreement of 
an annual review during the first three years (2017-2019) following 
implementation to assess all data including population survey 
information, harvest survey data, and other relevant information to 
determine the need for conservation measures. Therefore, we are not 
making any changes to this rule in response to this comment.

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.''

Effective Date of This Rule

    The amendments to subparts C and D of 50 CFR part 92 will take 
effect on April 2, 2018 (see DATES, above). If there were a delay in 
the effective date of these regulations after this final rulemaking, 
subsistence hunters would not be able to take full advantage of their 
subsistence hunting opportunities. We therefore find that ``good 
cause'' exists justifying the earlier start date, within the terms of 5 
U.S.C. 553(d)(3) of the Administrative Procedure Act, and under 
authority of the Migratory Bird Treaty Act (July 3, 1918), as amended 
(16 U.S.C. 703 et seq.).

Required Determinations

Executive Order 13771--Reducing Regulation and Controlling Regulatory 
Costs

    This rule is not subject to the requirements of Executive Order 
13771 (82 FR 9339, February 3, 2017) because this rule establishes 
annual harvest limits related to routine hunting or fishing.

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 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 will not 
have a significant economic impact on a substantial number of small 
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.). A regulatory flexibility analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required. This rule 
legalizes 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) Will not have an annual effect on the economy of $100 million 
or more. It legalizes and regulates a traditional subsistence activity. 
It will not result in a substantial increase in subsistence harvest or 
a significant change in harvesting patterns. The commodities that will 
be regulated under this rule are migratory birds. This rule deals with 
legalizing the subsistence harvest of migratory birds and, as such, 
does not involve commodities traded in the marketplace. A small 
economic benefit from this rule derives from the sale of equipment and 
ammunition to carry out subsistence hunting. Most, if not all, 
businesses that sell hunting equipment in rural Alaska qualify as small 
businesses. We have no reason to believe that this rule will lead to a 
disproportionate distribution of benefits.
    (b) Will not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. This rule does not deal with traded 
commodities and, therefore, will not have an impact on prices for 
consumers.
    (c) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
rule deals with the harvesting of wildlife for personal consumption. It 
will 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 rule will not impose a cost of 
$100 million or more in any given year on local, State, or tribal 
governments or private entities. The rule will 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 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 rule will not 
have significant

[[Page 13688]]

takings implications. This rule is not specific to particular land 
ownership, but applies to the harvesting of migratory bird resources 
throughout Alaska. A takings implication assessment is not required.

Federalism (Executive Order 13132)

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

Civil Justice Reform (Executive Order 12988)

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

Government-to-Government Relations With Native American Tribal 
Governments

    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 sent 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 sent 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 2018 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 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).
     Emperor Goose Spring Subsistence Harvest Survey (to 
include number of geese harvested, age, sex, and mass of birds 
harvested associated) (OMB Control Number 1090-0011, expires August 31, 
2018).

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

    The annual regulations and options are considered in an October 
2017 environmental assessment, ``Managing Migratory Bird Subsistence 
Hunting in Alaska: Hunting Regulations for the 2018 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 allows 
only for traditional subsistence harvest and improves conservation of 
migratory birds by allowing effective regulation of this harvest. 
Further, this rule is not expected to significantly affect energy 
supplies, distribution, or use. Therefore, this action is not a 
significant energy action under Executive Order 13211, and a Statement 
of Energy Effects is not required.

List of Subjects in 50 CFR Part 92

    Hunting, Treaties, Wildlife.

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 read as follows:


Sec.  92.22  Subsistence migratory bird species.

* * * * *
    (a) * * *
    (3) Emperor goose (Chen canagica).
* * * * *
    (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 2018 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.

[[Page 13689]]

    (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 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;

[[Page 13690]]

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: March 23, 2018.
Jason Larrabee,
Principal Deputy Assistant Secretary, Fish and Wildlife and Parks, 
Exercising the Authority of the Assistant Secretary, Fish and Wildlife 
and Parks.
[FR Doc. 2018-06435 Filed 3-29-18; 8:45 am]
 BILLING CODE 4333-15-P