[Federal Register Volume 90, Number 62 (Wednesday, April 2, 2025)]
[Rules and Regulations]
[Pages 14417-14422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05689]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2024-0197; FXMB12310700000-256-FF07M01000]
RIN 1018-BG70
Migratory Bird Subsistence Harvest in Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are revising
the migratory bird subsistence harvest regulations in Alaska.
Subsistence harvest regulations allow for the continuation of customary
and traditional subsistence uses of migratory birds in Alaska and
establish when and where the harvesting of certain migratory birds may
occur within each subsistence region. Subsistence harvest regulations,
including the changes set forth in this document, were developed under
a co-management process involving the Service, the Alaska Department of
Fish and Game, and Alaska Native representatives.
DATES: This rule is effective on April 2, 2025.
ADDRESSES: You may inspect the comments received on the Migratory Bird
Subsistence Harvest in Alaska proposed rule at the Federal eRulemaking
Portal: https://www.regulations.gov in Docket No. FWS-R7-MB-2024-0197.
FOR FURTHER INFORMATION CONTACT: Wendy Loya, U.S. Fish and Wildlife
Service, 1011 E Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
227-2942.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.)
was enacted to protect migratory birds and gives the Secretary of the
Interior the authority to regulate the harvest of certain migratory
birds. The law further authorizes the Secretary to issue regulations to
ensure that the indigenous inhabitants of the State of Alaska may take
certain migratory birds and collect their eggs for nutritional and
other essential needs during seasons established by the Secretary to
provide for the preservation and maintenance of these migratory birds
(16 U.S.C. 712(1))
The take of migratory birds for subsistence uses in Alaska occurs
primarily during the spring and summer, a timeframe not included in the
fall and winter general migratory game bird hunting regulations for the
United States. Regulations governing the subsistence harvest of
migratory birds in Alaska are located in title 50 of the Code of
Federal Regulations (CFR) in part 92. These regulations allow for the
continuation of customary and traditional subsistence uses of migratory
birds and establish when and where the harvesting of certain birds in
Alaska may occur within each subsistence region.
The migratory bird subsistence harvest regulations are developed
cooperatively. The Alaska Migratory Bird Co-Management Council (AMBCC)
consists of the Service, the Alaska Department of Fish and Game (ADFG),
and Alaska Native representatives. The AMBCC's primary purpose is to
develop recommendations pertaining to the subsistence harvest of
migratory birds.
This rule incorporates changes to the subsistence harvest
regulations that were recommended by the AMBCC in 2024 as described
below.
Comments Received on the Proposed Rule
Per the collaborative process described above, we published a
proposed rule to update the regulations for the taking of migratory
birds for subsistence uses in Alaska during the spring and summer (90
FR 7066; January 21, 2025). By the end of the comment period on the
proposed rule, we received seven comments. Some of the comments
pertained to issues that are outside the scope of this rulemaking
action; we hereby respond to the relevant issues that were raised in
the public input. We made no changes to the proposed rule as a result
of the input we received via the public comments (see Final
Regulations, below, for more information).
Issue: Two commenters believe that there should not be a legal
subsistence harvest opportunity for migratory birds in Alaska.
Response: For millennia, indigenous inhabitants of Alaska have
harvested migratory birds for subsistence purposes during the spring
and summer months. The U.S. treaties with Canada and Mexico were
amended for the express purpose of allowing subsistence harvest of
migratory birds during these months. The MBTA allows for the lawful and
sustainable harvest of migratory birds per annual hunting regulations.
Spring-summer subsistence and fall-winter hunting regulations are
reviewed each year, the impacts of which are monitored by annual
population and harvest surveys.
[[Page 14418]]
Issue: One commenter expressed concern that the Service should not
be funded to authorize this harvest of migratory birds.
Response: The MBTA allows the Secretary of the Interior to
authorize the take, including subsistence harvest, of migratory birds
if the Secretary determines the status of the birds is sufficient to
allow such take. The Service, as the primary agency supporting this
authority for the Secretary, promulgates regulations each year that
allow the hunting of certain species of migratory game birds. This
function is a basic and foundational responsibility of the Service.
Issue: One commenter recommended that the Alaska Native names of
birds should be added to the bird species list in these regulations.
Response: Alaska has more than 20 distinct Native languages, so
adding all languages to the bird species list in 50 CFR 92.22 would not
be practical. The Service makes a concerted effort to include the
Alaska Native names of birds in education and outreach materials,
especially materials for species closed to harvest.
Issue: One commenter recommended that the Service should enforce
laws and regulations surrounding illegal hunting and encourage permits/
licenses for subsistence hunting.
Response: To decrease risk of illegal harvest of protected species,
the Service relies on public education and outreach to describe species
closed to harvest. Please see page 27 of Regulations for the 2024
Alaska Subsistence Spring/Summer Migratory Bird Harvest (available in
the docket on www.regulations.gov) as an example of public outreach to
protect threatened spectacled and Steller's eiders (U.S. Fish and
Wildlife Service 2024). A State hunting license and a State duck stamp
are required for most hunters, if 18 years of age or older and hunting
waterfowl, although a Federal duck stamp is not required (16 U.S.C.
718a(2)(D)). The Service also monitors and enforces hunting regulations
through its Office of Law Enforcement.
Issue: Two commenters recommended keeping the harvest reporting
requirements in the Kodiak Island Roaded Area (KIRA).
Response: Reporting requirements are not part of customary and
traditional hunting practices, may be a barrier to indigenous
participation, and are costly to administer. Harvest reporting
requirements are not a requirement of the spring-summer subsistence
harvest in Alaska (except in one harvest area: Prince William Sound
Area East), and it would be inefficient and ineffective to continue to
require it for the KIRA once the permit requirement is removed. A
short-term permit and reporting requirement was instituted in the KIRA
to measure the level of hunter participation during an experimental
hunt from 2021 through 2024. The permit and reporting requirement was
not intended to extend beyond the experimental hunt period, but instead
was used to inform the decision on whether to make the KIRA open to
harvest during the spring-summer period. The permit and reporting
requirement demonstrated that both numbers of harvesters and birds/eggs
harvested were low. Maintaining a reporting requirement when the permit
is not required would be unnecessarily burdensome to hunters.
Issue: One commenter expressed concern over the availability of
lead shot and believes that it should be removed from stores and its
replacement with nontoxic shot should be funded by the government.
Response: The nationwide ban on the use of lead shot for hunting
waterfowl occurred in 1991. The Service's Office of Law Enforcement and
law enforcement officers of the National Wildlife Refuge System work
with State law enforcement personnel to check waterfowl hunters during
the Alaska spring-summer subsistence and fall-winter general seasons
for use of nontoxic ammunition. The Service has also worked with
vendors in rural Alaska to reduce lead shot availability and sales
during the migratory bird hunting seasons.
Issue: Five commenters expressed general support of the process,
compliance with Federal regulations, or analyses of effects of the
harvest.
Response: The Service appreciates the commenters' general support
of the process, compliance with Federal regulations, and analyses of
effects of the Alaska subsistence spring-summer migratory bird harvest.
Final Regulations
We are making no changes to the regulatory revisions proposed in
our January 21, 2025, proposed rule (90 FR 7066) as a result of the
input we received via the public comments. We are, however, making
changes to the regulations at Sec. Sec. 92.6 and 92.31 to make
additional updates to species names. In Sec. 92.6, we update the names
for two birds that we overlooked in the list of bird species authorized
for authentic Native articles of handicraft or clothing (double-crested
cormorant and mew gull), and in Sec. 92.31, we update one bird in the
list of species open to harvest in the Gulf of Alaska region, Prince
William Sound Area East (mew gull). These additional revisions are
further discussed below in this document.
The rule sets forth the following revisions to the regulations for
the taking of certain migratory birds for subsistence uses in Alaska
during the spring and summer.
Revision to Subpart A
In 50 CFR part 92, subpart A (General Provisions), we correct a
reference to the United States Code (U.S. Code). The current definition
for Alaska Native in Sec. 92.4 incorrectly references 16 U.S.C.
1602(b), which refers to section 3(b) of the Alaska Native Claims
Settlement Act. The Alaska Native Claims Settlement Act is found in
title 43 not title 16 of the U.S. Code. Therefore, the definition needs
to be corrected to reference 43 U.S.C. 1602(b).
Revisions to Subpart C
In 50 CFR part 92, subpart C (General Regulations Governing
Subsistence Harvest), we clarify the language regarding regional
species closures, remove a species from the list of subsistence
migratory bird species, and update the common and or scientific names
of three species.
First, we clarify that the list of species open to subsistence
harvest in Sec. 92.22 may have additional region-specific harvest
restrictions that do not appear in the list of subsistence migratory
bird species. The language in the introductory paragraph in Sec. 92.22
states that the only exceptions to the species open to harvest is a
regional closure in Southeast Alaska for the harvest of all migratory
bird species except glaucous-winged gulls for egg harvesting only.
While this provision was accurate at the time the regulation was
initially promulgated, current regulations include other regional
species-specific harvest restrictions, some of which are included in
the Statewide list of subsistence migratory bird species at Sec.
92.22. For example, for tundra swans, the regulation at Sec.
92.22(a)(7) states that these birds and their eggs may be harvested
except in Units 9(D) and 10. However, some regions in Alaska have
species-specific harvest restrictions that are not listed in the
Statewide list of subsistence migratory bird species and are found only
in Sec. 92.31 (Region-specific regulations). For example, in the Gulf
of Alaska region's Prince William Sound Area East (Sec.
92.31(j)(2)(iii)), most non-waterfowl species are closed to harvest,
but these restrictions can be found only in the region-specific
regulations. Given this ambiguity, we are revising the language in the
introductory paragraph of Sec. 92.22
[[Page 14419]]
to clarify that regional species-specific harvest restrictions may
exist in the region-specific regulations.
Second, we are revising the list of subsistence migratory bird
species in Sec. 92.22 to reflect the AMBCC's recommendation to close
emperor goose harvest Statewide. In 2016, the AMBCC adopted an Emperor
Goose Management Plan (Plan) to guide regulations for a spring-summer
subsistence harvest of emperor geese and their eggs, which were opened
to legal harvest in spring 2017. The Plan was developed in conjunction
with the revised Pacific Flyway Council Management Plan for Emperor
Geese (2016) that prescribes recommendations for the fall-winter
hunting regulations. The two management plans complement each other and
use the same population assessment methods, population objectives, and
regulatory thresholds in their respective harvest strategies. The
harvest strategy in the Plan uses the indicated total bird index
(index) from the Yukon-Kuskokwim Delta Coastal Zone (Coastal Zone)
survey that the Service conducts to assess population status relative
to established thresholds. The harvest strategy specifies that the
spring-summer subsistence emperor goose season will be open if the
Coastal Zone index from the previous year is greater than 23,000 birds,
and harvest will be closed if the index is below that threshold. If the
Coastal Zone index is between 23,000 and 28,000 birds, the AMBCC will
consider implementing regulatory or nonregulatory conservation
measures. The 2024 Coastal Zone index was 18,788 (95 percent confidence
interval of 16,589-20,988) birds, which is below the harvest closure
threshold of 23,000 birds. Thus, the AMBCC recommended that the 2025
spring-summer subsistence season be closed to harvesting emperor geese.
This recommendation was supported by the Pacific Flyway Council and the
Service Regulations Committee (SRC) in November 2024 and intended for
implementation beginning with the 2025 subsistence harvest season.
Therefore, we are removing emperor geese from the list of subsistence
migratory bird species open to harvest in Sec. 92.22.
Third, we are updating the list of bird species allowed for use in
creating authentic articles of handicraft or clothing in Sec. 92.6 and
the list of subsistence migratory bird species in Sec. 92.22 to
incorporate changes in the list of birds protected by the MBTA at 50
CFR 10.13. On July 31, 2023, we published in the Federal Register (88
FR 49310) a revised list of migratory birds protected under the MBTA by
adding or removing species or changing species names. Reasons for the
changes to the list in Sec. 10.13 included revised taxonomy and new
evidence of natural occurrence or absence in the United States or U.S.
territories. That rule went into effect on August 30, 2023. The revised
list had updated nomenclature for two species on the list of bird
species at Sec. 92.6 and three species on the list of subsistence
migratory bird species at Sec. 92.22.
Therefore, to be consistent with the list in Sec. 10.13, we are
changing the common and scientific names of mew gull and changing the
scientific names for two species of cormorants, pelagic and double-
crested, in Sec. Sec. 92.6 and 92.22. The species formerly named mew
gull has been split into two species, the common gull (Larus canus),
which primarily occurs in Europe and Asia, and the short-billed gull
(Larus brachyrhynchus), which occurs in North America. Therefore, we
are replacing mew gull (Larus canus) with short-billed gull. Pelagic
and double-crested cormorants formerly shared the genus name
Phalacrocorax, but now this genus has been split into multiple genera.
We are updating the scientific names of pelagic cormorant to Urile
pelagicus and double-crested cormorant to Nannopterum auritum.
Revisions to Subpart D
In part 92, subpart D (Annual Regulations Governing Subsistence
Harvest), we are revising the regulations in Sec. 92.31 to reflect the
AMBCC's recommendation to eliminate the permit and reporting
requirement in the KIRA and to change the species names for mew gulls.
In 2021, spring-summer subsistence harvesting of migratory birds and
eggs was opened experimentally for 3 years (2021-2023) in the Kodiak
Archipelago region's KIRA by registration permit with a harvest
reporting requirement. The Service requested that the AMBCC evaluate
harvest information from the experimental seasons before a season could
be considered for operational status. In October 2023, the SRC
recommended extending the experimental season by 1 year through 2024 to
provide hunting opportunity while the AMBCC completed their review. An
announcement was published in the Federal Register on May 1, 2024 (89
FR 35010), to inform the public of the 1-year extension.
Following the 2023 subsistence season, the AMBCC evaluated the
harvest data from the experimental period. Based on permit report data,
the AMBCC determined that harvest was low during the experimental
period; the average annual harvest of migratory birds and eggs in the
KIRA during 2021-2023 was 122 birds and 100 eggs. For context, the data
can be compared to the reported harvest from the last survey of the
Kodiak Archipelago region in 2020. Residents in communities of the
Kodiak Roaded Area subregion (communities that occur on the road system
but hunted outside the KIRA) harvested 3,812 migratory birds and 2,612
eggs during that spring-summer season (Naves and Mengak 2023). Assuming
KIRA permit registrants in 2021-2023 were residents of the KIRA, and
their hunt effort was similar to 2020, average annual migratory birds
and eggs harvested during the experimental period represented 3 percent
of total birds (122 of 3,812) and 4 percent of total eggs (100 of
2,612) harvested in the subregion. Based on this information, the AMBCC
concluded that an operational spring-summer hunt in the KIRA was
unlikely to significantly increase harvest in the Kodiak Archipelago
region.
Participation in the permit hunt was low and slightly increased
over the experimental period, evidenced by issued permits: 46 in 2021,
58 in 2022, and 64 in 2023. The AMBCC noted that the increase in
participants over the experimental period was minimal, but future
participation will be difficult to measure without a permit
requirement. However, the AMBCC also recognized that a change in
participation may be indirectly monitored through public reports to
Tribal organizations, the Kodiak City government, local law
enforcement, ADFG, and the Service. If the increase is significant, the
AMBCC may consider future surveys to assess change in hunter
participation, and if warranted, propose regulatory changes.
Nonetheless, given the low harvest during the experimental season, the
AMBCC recommended eliminating the permit and harvest reporting
requirement, acknowledging that such requirements are not part of
customary and traditional hunting practices, may be a barrier to
indigenous participation, and are costly to administer.
The AMBCC recommended retaining the species closures for Aleutian
terns, Arctic terns, short-billed gulls, and emperor geese within the
KIRA to protect species of conservation concern. Aleutian tern nesting
colonies have declined by more than 80 percent in Alaska over the last
20 years, and only a few colonies remain on Kodiak Island. The largest
colonies are within the KIRA, and implementing protective regulations
for this species is a priority of the AMBCC. Further, to offer
[[Page 14420]]
additional protection for Aleutian terns, the season for Arctic terns
and short-billed gulls, which nest in the same areas as Aleutian terns,
will remain closed to harvest to reduce accidental harvest and colony
disturbance of Aleutian terns. The KIRA will also remain closed to
emperor geese, a species of management concern, given that an open
season may increase harvest for emperor geese along the road system.
On May 22, 2024, the AMBCC recommended an amendment to the
regulations for the Kodiak Archipelago region to remove the permit and
reporting requirements, retain the four species closures, and make the
season operational in the KIRA. This regulatory amendment was supported
by the Pacific Flyway AMBCC and the SRC in November 2024 and intended
for implementation beginning with the 2025 subsistence season.
Compliance With the MBTA and the Endangered Species Act
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.
Mortality, sickness, and poisoning from lead exposure have been
documented in many waterfowl species, including threatened spectacled
eiders (Somateria fischeri) and the Alaska-breeding population of
Steller's eiders (Polysticta stelleri). While lead shot has been banned
nationally for waterfowl hunting since 1991, Service staff have
documented the availability of lead shot in waterfowl rounds for sale
in communities on the Yukon-Kuskokwim Delta and North Slope. The
Service will work with partners to increase our education, outreach,
and enforcement efforts to ensure that subsistence waterfowl hunting is
conducted using nontoxic shot.
Conservation Under the MBTA
We have monitored subsistence harvest for several decades 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 birds as required by the MBTA.
Communication and coordination with the AMBCC and the Pacific Flyway
Council have aided in the establishment of hunting regulations to
ensure the long-term viability of the migratory birds exposed to
harvest.
Endangered Species Act Consideration
Spectacled eiders and the Alaska-breeding population of Steller's
eiders are listed as threatened species under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Their migration
and breeding distribution overlap with areas where the spring and
summer subsistence migratory bird harvest is open in Alaska. Neither
species is included in the list of subsistence migratory bird species
at Sec. 92.22; therefore, both species are closed to subsistence
harvest. Under Sec. Sec. 92.21 and 92.32, the Service may implement
emergency closures, if necessary, to protect Steller's eiders or any
other endangered or threatened species or migratory bird population.
Section 7 of the ESA requires the Secretary of the Interior to
review other programs administered by the Department of the Interior
and utilize such programs in furtherance of the purposes of the ESA.
The Secretary is further required to ensure that any action authorized,
funded, or carried out by the Department of the Interior 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.
The Service's Alaska Region Migratory Bird Management Program
conducted an intra-agency consultation with the Service's Northern
Alaska Fish and Wildlife Field Office on the proposed rule (90 FR 7066;
January 21, 2025). The consultation was completed with a biological
opinion that concluded these rulemaking actions are not likely to
jeopardize the continued existence of endangered or threatened species
or result in the destruction or adverse modification of designated
critical habitat. Therefore, we have determined that this rule complies
with the ESA.
Immediate Effective Date
This rule takes effect on the date set forth above in DATES. To
respect the subsistence hunt of many rural Alaskans, either for their
cultural or religious exercise, for providing sustenance, or for
acquiring materials for cultural use (e.g., handicrafts), the
Department of the Interior finds that it is in the public interest to
make this rule effective as soon as possible. Delaying the effective
date for 30 days would have detrimental effects on Alaskans seeking to
conduct subsistence harvest of migratory birds. Within the terms of 5
U.S.C. 553(d)(1) of the Administrative Procedure Act (APA), the
regulations in 50 CFR part 92 recognize a statutory exemption provided
to rural Alaskans for the subsistence harvest of migratory birds, and
this final rule relieves a restriction by removing a permit and
reporting requirement. For these reasons, under the authority of the
APA and the MBTA, this rule takes effect immediately upon publication
in the Federal Register.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866, as reaffirmed by E.O. 13563, provides that
the Office of Information and Regulatory Affairs (OIRA) in the Office
of Management and Budget will review all significant rules. OIRA has
determined that this rule is not significant.
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. The
regulations at 50 CFR part 92 legalize a preexisting subsistence
activity. The commodities that are regulated under these regulations
are migratory birds, and the resources harvested are consumed. This
rule makes only modest changes to the current regulations.
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. The regulations at 50 CFR part 92 legalize the subsistence
harvest of migratory birds and, as such, do not involve commodities
traded in the marketplace. This rule will not result in a substantial
increase in subsistence harvest or a significant change in harvesting
patterns.
(b) Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or
[[Page 14421]]
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 local, State, 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 AMBCC 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. When funding permits, the Service makes annual
grant agreements available to the partner organizations and the ADFG to
help offset their expenses. However, this rule does not revise any
regulations pertaining to participation in the regulatory process.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications. The regulations at 50 CFR part
92 are not specific to particular landownership but instead apply 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. The Service 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 9,
2000), ``Consultation and Coordination with Indian Tribal
Governments,'' and Department of the 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 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, educational 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 collection of information that
requires approval by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number. OMB has previously approved the information collection
requirements associated with subsistence harvest reporting and assigned
the following OMB control numbers:
Alaska Migratory Bird Subsistence Harvest Household
Survey, OMB Control Number 1018-0124 (expires July 31, 2027), and
Regulations for the Taking of Migratory Birds for
Subsistence Uses in Alaska, 50 CFR part 92, OMB Control Number 1018-
0178 (expires July 31, 2027).
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The regulations at 50 CFR part 92 and options are considered in the
environmental assessment, ``Managing Migratory Bird Subsistence Hunting
in Alaska: Hunting Regulations for the 2025 Spring/Summer Harvest.''
Copies are available from the person listed under FOR FURTHER
INFORMATION CONTACT.
Energy Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 requires agencies to prepare statements of
energy effects when undertaking certain actions. This rule 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. This
rule will not have any effect on 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.
References Cited
Naves, Liliana C. and Lara, F. Mengak. 2023. Bird and Egg Harvest on
the Aleutian-Pribilof Islands and the Kodiak Archipelago, 2020.
Alaska Department of Fish and Game Division of Subsistence,
Technical Paper No. 493, Anchorage.
U.S. Fish and Wildlife Service. 2024. Regulations for the 2024
Alaska Subsistence Spring/Summer Migratory Birds Harvest.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, the U.S. Fish and Wildlife
[[Page 14422]]
Service amends 50 CFR part 92 as set forth below:
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.
0
2. Amend Sec. 92.4 by revising the definition of ``Alaska Native'' to
read as follows:
Sec. 92.4 Definitions.
* * * * *
Alaska Native means the same as ``Native,'' defined in section 3(b)
of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(b).
* * * * *
0
3. Amend Sec. 92.6 by revising paragraphs (b)(1)(xv) and (xxii) to
read as follows:
Sec. 92.6 Use and possession of migratory birds.
* * * * *
(b) * * *
(1) * * *
(xv) Double-crested cormorant (Nannopterum auritum).
* * * * *
(xxii) Short-billed gull (Larus brachyrhynchus).
* * * * *
0
4. Amend Sec. 92.22 by:
0
a. Revising the introductory text;
0
b. Removing paragraph (a)(1);
0
c. Redesignating paragraphs (a)(2) through (33) as paragraphs (a)(1)
through (32); and
0
d. Revising paragraphs (i)(6) and (l)(1) and (2).
The revisions read as follows:
Sec. 92.22 Subsistence migratory bird species.
You may harvest birds or gather eggs from the following species,
listed in taxonomic order, within all included areas except where
region-specific harvest restrictions apply as set forth in Sec. 92.31.
When birds are listed at the species level, all subspecies existing in
Alaska are also open to harvest. All bird species not listed are closed
to harvesting and egg gathering.
* * * * *
(i) * * *
(6) Short-billed Gull (Larus brachyrhynchus).
* * * * *
(l) * * *
(1) Double-crested Cormorant (Nannopterum auritum).
(2) Pelagic Cormorant (Urile pelagicus).
* * * * *
0
5. Amend Sec. 92.31 by:
0
a. In paragraph (e), revising the introductory text; and
0
b. In paragraph (j)(2)(iii), removing the words ``mew gulls'' and
adding in their place the words ``short-billed gulls''.
The revision reads as follows:
Sec. 92.31 Region-specific regulations.
* * * * *
(e) Kodiak Archipelago region. No hunting or egg gathering for
Arctic terns, Aleutian terns, short-billed gulls, and emperor geese is
allowed in the Kodiak Island Roaded Area. The Kodiak Island Roaded Area
consists of that portion of Kodiak Island (including exposed tidelands)
south of a line from Termination Point along the north side of Cascade
Lake to Anton Larsen Bay and east of a line from Crag Point to the west
end of Saltery Cove. Marine waters adjacent to the Kodiak Island Roaded
Area within 500 feet from the water's edge are included in the Kodiak
Island Roaded Area. The Kodiak Island Roaded Area does not include
islands offshore of Kodiak Island.
* * * * *
Maureen Foster,
Chief of Staff, Exercising the Delegated Authority of the Assistant
Secretary for Fish and Wildlife and Parks.
[FR Doc. 2025-05689 Filed 4-1-25; 8:45 am]
BILLING CODE 4333-15-P