[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Rules and Regulations]
[Pages 12946-12952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06585]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2019-0005; FXMB12610700000-190-FF07M01000]
RIN 1018-BD07
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2019 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Interim 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 2019 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. The proposed rule for the 2019
season was delayed, requiring this interim rule to allow subsistence
hunting to begin in April. We will respond to public comments, and
based on public comments received, may revise this interim rule.
DATES: This rule becomes effective on April 2, 2019. We will accept
comments received or postmarked on or before May 3, 2019.
ADDRESSES: You may submit comments on this interim rule 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-2019-0005.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R7-MB-2019-0005; 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 Public Comments Solicited and
Public Availability of Comments, below, for more information).
FOR FURTHER INFORMATION CONTACT: Eric J. Taylor, U.S. Fish and Wildlife
Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
786-3446.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We solicit comments or suggestions from the public. To ensure that
any action resulting from this interim 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 interim
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
website. 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.
[[Page 12947]]
In addition, comments and materials we receive, as well as
supporting documentation used in preparing this interim 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-2019-0005, 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.
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
2019. This rule also sets forth a list of migratory bird season
openings and closures in Alaska by region.
Need for Interim Rule
To meet the April 2, 2019, opening season for Alaska subsistence
harvest of migratory game birds, we are publishing an interim rule. We
were not able to publish a proposed rule in 2019 due to unforeseen time
constraints. We have engaged with stakeholders and they are
understanding of this circumstance. We are providing an opportunity for
public comment (30 days) with this interim rule (see DATES, above).
This will help ensure that if we receive any public comments that we
could propose those changes in the 2020 spring and summer subsistence
harvest rule.
Our February 1, 2018, proposed rule (83 FR 4623) provided the
public the opportunity to comment on the provisions in this interim
rule. For subpart D of part 92 in title 50 of the Code of Federal
Regulations (50 CFR part 92, subpart D), the provisions in this interim
rule are the same as those set forth in our March 30, 2018, final rule
(83 FR 13684); the amendments in the March 30, 2018, final rule to 50
CFR part 92, subpart C do not need to be readopted here. The March 30,
2018, final rule is the most recent Alaska migratory bird subsistence
harvest final rule, and the public is familiar with it, having already
commented on it. The public, having commented on the 2018 final rule
and other previous final rules, also had an opportunity to comment on
the substance of the current interim rule. We also addressed the three
relevant comments received in the 2018 final rule. Furthermore, these
Alaska subsistence harvest regulations have generally been similar the
past several years, and with no significant controversy from the
public. We do not intend to use an interim rule again for this purpose,
as doing so prevents modifications to the regulations implemented in
consultation with the Alaskan communities. We regret any confusion that
this deviation from the normal rulemaking process may cause. In future
Alaska migratory bird subsistence harvest rulemaking actions, we expect
to have a proposed rule earlier in the process to ensure meeting the
April 2 opening date for the season.
Again, it would not be possible for us to publish a proposed rule,
with a 30-day comment period, and then publish a final rule, by April
2. Therefore, without this interim rule, the subsistence hunting of
migratory birds in Alaska during the normal season, which begins on
April 2 each year, would be in violation of the Migratory Bird Treaty
Act (MBTA; 16 U.S.C. 703-712). To respect the subsistence hunt of many
rural Alaskans, either for their cultural or religious exercise,
sustenance, and/or materials for cultural use (e.g., handicrafts), the
Department of the Interior finds that it is in the public interest to
publish this interim rule. Under 5 U.S.C. 553(b), the Administrative
Procedure Act allows an agency to make a rule effective without a
proposed rule for good cause if ``contrary to the public interest.'' We
find that the delay associated with public comment on a proposed rule
to open the Alaska migratory bird subsistence harvest by April 2 is
contrary to the public interest, and therefore the ``good cause''
exception under 5 U.S.C. 553(b) applies.
In addition, we have good cause to waive the standard 30-day
effective date for this interim rule consistent with 5 U.S.C. 553(d)(3)
of the Administrative Procedure Act, and this rule will, therefore,
take effect on April 2, 2019. This rule relieves a restriction, as just
described. Delaying the effective date for 30 days would have
detrimental effects on Alaskans seeking to conduct subsistence harvest
during the season that begins April 2, 2019, and on the businesses that
support this activity.
While we are taking these steps to ensure Alaskan subsistence
hunters do not violate the MBTA, we invite public comment as described
above in DATES and ADDRESSES. Following our consideration of the
comments received, we will respond to public comments, and based on
public comments received, may revise this interim rule.
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 March 30, 2018 (83 FR 13684).
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 2019 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) did not hold its annual spring meeting in 2018 due to budget
constraints. The Co-management Council did consider two proposals to
administratively correct two aspects of the closed season in the Yukon/
Kuskokwim Delta region in the 2019 regulations, and voted to approve
these via teleconference and email. These proposals will be included in
next year's rulemaking.
[[Page 12948]]
This Interim Rule
This interim rule contains no changes from the final regulation
amendments published on March 30, 2018 (83 FR 13684), for 50 CFR part
92, subpart D.
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. The most
populated portions of Alaska such as Anchorage, the Matanuska-Susitna
and Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the
Gulf of Alaska roaded area, the town of Kodiak, 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.
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 more than 25 years
through the use of household surveys in the most heavily used
subsistence harvest areas, such as the Yukon-Kuskokwim Delta.
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 MBTA. The MBTA'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 species listed under the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.), 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 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
[[Page 12949]]
were found shot in 2015 through 2018. Elsewhere in Alaska, one
spectacled eider that appeared to have been shot was found dead on the
Yukon-Kuskokwim Delta in 2015.
The Service notes that progress is being 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. However, Service staff have documented significant
availability of lead shot in waterfowl rounds for sale in communities
on the Yukon-Kuskokwim Delta and North Slope. Mortality, sickness, and
poisoning from lead exposure have been documented in many waterfowl
species, including threatened spectacled and Steller's eiders.
Lead shot has been banned nationally for waterfowl hunting since
1991, and this ban is further supported by local bans proposed by the
North Slope Borough Fish and Wildlife Management Committee and the
Association of Village Council Presidents--Waterfowl Conservation
Committee since 2006 and 2007, respectively. The Service will work with
partners and to increase our education, outreach, and enforcement
efforts to ensure these bans are effective, and that subsistence
waterfowl hunting is conducted using nontoxic shot.
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 8 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 (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. . . . ''
We conducted an intra-agency consultation with the Service's Fairbanks
Fish and Wildlife Field Office on this interim rule. The consultation
was completed with a biological opinion that concluded the interim 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.
Based on comments submitted, we may confirm this finding in our future
notice responding to public comments.
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
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.
[[Page 12950]]
(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 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
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.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we are
evaluating possible effects on Federally recognized Indian tribes. The
provisions in this Interim Rule are the same as those set forth in last
year's final Rule, where we consulted with the tribes. This rule-making
process is collaborative with the Tribes, and we will continue to
consult with the Tribes as we affirm the Interim Rule.
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.). OMB has previously approved the information
collection requirements associated with voluntary annual household
surveys used to determine levels of subsistence take and assigned OMB
Control No. 1018-0124 (expires 10/31/2019). You may view the
information collection requirements at http://www.reginfo.gov/public/do/PRAMain. 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.
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The annual regulations and options are considered in an October
2018 environmental assessment, ``Managing Migratory Bird Subsistence
Hunting in Alaska: Hunting Regulations for the 2019 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:
[[Page 12951]]
Authority: 16 U.S.C. 703-712.
Subpart D--Annual Regulations Governing Subsistence Harvest
0
2. Amend subpart D by adding Sec. 92.31 to read as follows:
Sec. 92.31 Region-specific regulations.
The 2019 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 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
[[Page 12952]]
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
3. 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 27, 2019.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising
the Authority of the Director for the U.S. Fish and Wildlife Service.
[FR Doc. 2019-06585 Filed 4-1-19; 4:15 pm]
BILLING CODE 4333-15-P