[Federal Register Volume 91, Number 45 (Monday, March 9, 2026)]
[Proposed Rules]
[Pages 11266-11270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-04559]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2025-1694; FXMB12610700000-267-FF07M01000]
RIN 1018-BI70
Migratory Bird Subsistence Harvest in Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
proposing changes to the migratory bird subsistence harvest regulations
in
[[Page 11267]]
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 these proposed changes, were developed through a
cooperative process involving the Service, the Alaska Department of
Fish and Game, and Alaska Native representatives.
DATES: We will accept comments received or postmarked on or before
April 8, 2026.
ADDRESSES: You may submit comments by one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments to Docket No. FWS-R7-MB-2025-
1694.
(2) U.S. Mail: Public Comments Processing, Attn: FWS-R7-MB-2025-
1694, U.S. Fish and Wildlife Service, MS: JAO/3W, 5275 Leesburg Place,
Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comment Procedures, below, for more information).
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. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point of contact in
the United States. Please see Docket No. FWS-R7-MB-2025-1694 on https://www.regulations.gov for a document that summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Public Comment Procedures
To ensure that any action resulting from this proposed rule will be
as accurate and as effective as possible, we request that you send
relevant information for our consideration. The comments that will be
most useful and likely to influence our decisions are those supported
by quantitative information or studies and those that include citations
to, and analyses of, the applicable laws and regulations. Please make
your comments as specific as possible and explain the basis for them.
In addition, please include sufficient information with your comments
to allow us to authenticate any scientific or commercial data you
include.
You must submit your comments and materials concerning this
proposed rule by one of the methods listed above in ADDRESSES. We will
not accept comments sent by email or fax or to an address not listed in
ADDRESSES. If you submit a comment via https://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.
If you mail 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. All comments and materials we
receive will be available for public inspection via https://www.regulations.gov under Docket No. FWS-R7-MB-2025-1694.
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 (Council
or AMBCC) consists of the Service, the Alaska Department of Fish and
Game (ADFG), and Alaska Native representatives. The Council's primary
purpose is to develop recommendations pertaining to the subsistence
harvest of migratory birds.
The Council generally holds an annual spring meeting to review and
recommend any regulatory changes for migratory bird subsistence harvest
regulations in Alaska. The Council met April 9-10, 2025, and
recommended changes to the subsistence harvest regulations intended to
take effect beginning with the 2026 harvest season. The Council's
recommendations were presented to the Pacific Flyway Council for their
review and comment and subsequent submission to the Service Regulations
Committee (SRC) for consideration at the SRC meeting on December 16,
2025.
Proposed Revisions to the Regulations
Under the collaborative process described above, this document
proposes the following revisions to the regulations for the taking of
certain migratory birds for subsistence uses in Alaska during the
spring and summer.
Proposed Revision to Subpart A
In 50 CFR part 92, subpart A (general provisions), we propose to
change the name of the Upper Copper River region to the Ahtna Territory
region in Sec. 92.5. The Upper Copper River region is one of 12
geographic regions (called regional management areas) in Alaska based
on common subsistence resource use patterns and the 12 Alaska Native
regional corporation boundaries established under the Alaska Native
Claims Settlement Act (ANCSA, 43 U.S.C 1606). The Upper Copper River
region has eight eligible communities whose harvest area includes
Alaska State Game Management Units 11, 12, and 13. The Copper River
Migratory Bird Co-Management Council submitted a proposal to the AMBCC
requesting their region be renamed Ahtna Territory to reflect the
desires of member communities to self-identify with an appropriate
regional name. The current name inaccurately reflects the region's
community membership and eligible harvest area, as the community of
Cantwell is not located in the Copper River drainage and its
traditional hunting areas are within the watersheds of other major
rivers (e.g., the Yukon and Susitna). Renaming this region as the Ahtna
Territory will help clarify Ahtna Tribal communities included in the
region and better identify those eligible to participate in the spring-
summer subsistence harvest.
The AMBCC recommended an amendment to the regulations to change the
name of the Upper Copper River region to the Ahtna Territory region on
April 9, 2025. This regulatory
[[Page 11268]]
amendment was supported by the Pacific Flyway Council on September 12,
2025, and the SRC on December 16, 2025, and intended for implementation
beginning with the 2026 subsistence season.
Proposed Revisions to Subpart B
In 50 CFR part 92, subpart B (program structure), we propose to
change the name of the Upper Copper River region to the Ahtna Territory
region in Sec. 92.11 as described above for subpart A.
Proposed Revisions to Subpart D
In 50 CFR part 92, subpart D (annual regulations governing
subsistence harvest), we propose several changes for the Upper Copper
River region: changing the region's name, clarifying language regarding
the harvest area, and modifying the season dates.
First, we propose to change the name of the Upper Copper River
region to the Ahtna Territory region in Sec. 92.31(i) as described
above for subpart A.
Second, we propose clarifying and simplifying the language in Sec.
92.31(i) regarding which Alaska State Game Management Units (GMUs) are
included in the harvest area for the Upper Copper River region.
Currently, Sec. 92.31(i) states that the harvest area for the eight
eligible communities--Gulkana, Chitina, Tazlina, Copper Center, Gakona,
Mentasta Lake, Chistochina, and Cantwell--includes GMUs 11 and 13.
However, Sec. 92.31(i)(3) later adds GMU 12 as a harvest area for the
Copper River Basin communities listed in Sec. 92.31(i). This creates
confusion, as one of the communities (Cantwell) is not located in the
Copper River Basin. The current language implies that GMUs 11, 12, and
13 are open for the seven Copper River Basin communities, while
Cantwell's harvest area is limited to GMUs 11 and 13. However, Cantwell
is located north of the Alaska Range, which qualifies it as an
``included area'' under Sec. 92.5(a). As such, its residents are
eligible to harvest birds during the spring-summer season in areas
north of the Alaska Range, like GMU 12. To clarify the regulations, we
propose adding GMU 12 to the list of GMUs in Sec. 92.31(i) for all
eight communities. We also propose removing Sec. 92.31(i)(3), as it
would become redundant following this change and the proposed season
date revisions described below.
Third, we propose to modify the season dates within the Upper
Copper River region listed in Sec. 92.31(i)(1) and (i)(2). This
proposed change will simplify the regulations and better align season
dates with bird presence in the region. The Upper Copper River region's
harvest area includes GMUs 11, 12, and 13 as described above, but
currently the hunting and egg gathering seasons for GMUs 11 and 13 are
different from those in GMU 12. The Copper River Migratory Bird Co-
Management Council proposed changing the season dates for GMUs 11 and
13 (currently: April 15-May 26 and June 27-August 31; closure: May 27-
June 26) to match those in GMU 12 (season: April 2-June 14 and July 16-
August 31; egg gathering May 1-June 14 only; closure: June 15-July 15).
The proposed change will better align the season dates in GMUs 11 and
13 with the availability of birds in the region and improve alignment
of the 30-day nesting closure with the principal nesting period. The
proposed change would also simplify regulations for the region by
establishing consistent season dates in all three GMUs (11, 12, and 13)
and, along with the clarification described above, allows the removal
of Sec. 92.31(i)(3). The AMBCC lacked biological data to analyze the
potential effects of the proposed change but instead relied on
Indigenous Knowledge from the region to substantiate the necessity of
adjusting season dates. The AMBCC does not anticipate any negative
effects to migratory birds from these proposed changes.
On April 9, 2025, the AMBCC recommended an amendment to the
regulations to change the season dates for GMUs 11 and 13 in the Upper
Copper River region to April 2-June 14 and July 16-August 31; egg
gathering May 1-June 14 only; closure: June 15-July 15 to match those
in GMU 12. The word ``only'' is used after the egg gathering season
dates to be consistent with the current regulations, e.g., at 92.31(h)
for the Interior region. This regulatory amendment was supported by the
Pacific Flyway Council on September 12, 2025, and the SRC on December
16, 2025, and intended for implementation beginning with the 2026
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 are 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 ammunition for
sale in communities on the Yukon-Kuskokwim Delta and North Slope. The
Service continues to work with partners to increase education,
outreach, and enforcement efforts to ensure that subsistence waterfowl
hunting is conducted using nontoxic shot.
Conservation Under the MBTA
Based on long-term monitoring of harvest and population size of the
migratory bird species taken for subsistence, we find that this
proposed 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. However,
neither eider species is present in the Upper Copper River region where
this proposed rule applies. In addition, both species are closed to
subsistence harvest and 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
[[Page 11269]]
and Wildlife Field Office on this proposed rule. Given the absence of
listed eiders in the action area, a no effect determination was made.
Therefore, the Service will not need to issue a letter of concurrence
or biological opinion, and we expect this proposed rule to comply with
the ESA.
Comment Period
Implementation of the Service's 2013 supplemental environmental
impact statement (SEIS) on the hunting of migratory birds resulted in
changes to the overall timing of the annual regulatory schedule for the
establishment of migratory bird hunting regulations and the Alaska
migratory bird subsistence harvest regulations. The programmatic
document, ``Second Final Supplemental Environmental Impact Statement:
Issuance of Annual Regulations Permitting the Hunting of Migratory
Birds (SEIS 20130139),'' filed with the Environmental Protection Agency
on May 24, 2013, addressed compliance with the National Environmental
Policy Act by the Service for issuance of the annual framework
regulations for hunting of migratory game bird species. We published a
notice of availability of the SEIS in the Federal Register on May 31,
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR
45376).
With the SRC meeting occurring on December 16, 2025, there is a
short timeframe for finalizing the changes to the subsistence harvest
regulations by the April 2, 2026, season opening. Thus, we have
established a 30-day comment period for this proposed rule (see DATES,
above), and we will be conducting Tribal consultations within Alaska
simultaneously. We believe a 30-day comment period gives the public
adequate time to provide meaningful comments.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) in the OMB will review all significant rules. OIRA has
determined that this rule is not significant.
E.O. 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.
E.O. 13563 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 these proposed revisions to the
CFR in a manner consistent with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that, if adopted as
proposed, this proposed 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
proposed rule would make only modest changes to the current
regulations.
Congressional Review Act
This proposed rule is not a major rule under 5 U.S.C. 804(2), the
Congressional Review Act. This proposed rule:
(a) Would 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 proposed rule would not result in a
substantial increase in subsistence harvest or a significant change in
harvesting patterns.
(b) Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This proposed rule does not deal with
traded commodities and, therefore, would not have an impact on prices
for consumers.
(c) Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
proposed rule deals with the harvesting of wildlife for personal
consumption. It would not regulate the marketplace in any way to
generate substantial effects on the economy or the ability of
businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this proposed rule would not impose a
cost of $100 million or more in any given year on local, State, or
Tribal governments or private entities. The proposed rule would 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 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. When
funding permits, the Service makes annual grant agreements available to
the partner organizations and the ADFG to help offset their expenses.
However, this proposed rule would not revise any regulations pertaining
to participation in the regulatory process.
Takings (E.O. 12630)
Under the criteria in E.O. 12630, this proposed rule would not have
significant takings implications. The proposed changes to the
regulations at 50 CFR part 92 are not specific to particular
landownership but instead apply to the harvesting of migratory bird
resources in portions of Alaska. A takings implication assessment is
not required.
Federalism (E.O. 13132)
In accordance with E.O. 13132 (Federalism), this proposed rule does
not have significant federalism implications to warrant the preparation
of a federalism summary impact statement. The Service worked with the
State of Alaska to develop these proposed regulations. Therefore, a
federalism summary impact statement is not required.
Civil Justice Reform (E.O. 12988)
The Department, in promulgating this proposed rule, has determined
that it would not unduly burden the judicial system and that it meets
the requirements of sections 3(a) and 3(b)(2) of E.O. 12988.
Government-to-Government Relations With Native American Tribal
Governments
In accordance with E.O. 13175 (``Consultation and Coordination with
Indian Tribal Governments''), and the Department of the Interior's
manual at
[[Page 11270]]
512 DM 2, 512 DM 4 and 512 DM 6, we readily acknowledge our
responsibility to communicate meaningfully with federally recognized
Tribes and Alaska Native Corporations on a government-to-government
basis. We will send letters via electronic mail to all 229 federally
recognized Indian Tribes in Alaska. Consistent with 512 DM 5 and 512 DM
7, we also will send letters to approximately 200 Alaska Native
Corporations and other Tribal entities in Alaska soliciting their input
as to whether or not they would like the Service to consult with them
on the proposed changes to 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 proposed 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 2026 Spring/Summer Harvest.''
Copies are available from the person listed under FOR FURTHER
INFORMATION CONTACT.
Energy Supply, Distribution, or Use (E.O. 13211)
E.O. 13211 requires agencies to prepare statements of energy
effects when undertaking certain actions. This proposed rule is not a
significant regulatory action under this E.O.; it allows only for
traditional subsistence harvest and improves conservation of migratory
birds by allowing effective regulation of this harvest. This proposed
rule would 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.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Signing Authority
Kevin Lilly, Principal Deputy Assistant Secretary for Fish and
Wildlife and Parks, Exercising the Delegated Authority of the Assistant
Secretary for Fish and Wildlife and Parks, approved this action on
March 5, 2026, for publication. On March 5, 2026, Kevin Lilly
authorized the undersigned to sign the document electronically and
submit it to the Office of the Federal Register for publication as an
official document of the U.S. Fish and Wildlife Service.
Proposed Regulation Promulgation
For the reasons set out in the preamble, we propose to amend 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. 92.5 by revising paragraphs (a)(2)(i) and (d)(2) to
remove the words ``Upper Copper River Region'' and add in their place
the words ``Ahtna Territory Region''.
0
3. Amend Sec. 92.11 by revising paragraph (a)(11) to remove the words
``Upper Copper River'' and add in their place the words ``Ahtna
Territory''.
0
4. Amend Sec. 92.31 by revising and republishing paragraph (i) to read
as follows:
Sec. 92.31 Region-specific regulations.
* * * * *
(i) Ahtna Territory region (Harvest Area: Game Management Units 11,
12, and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper
Center, Gakona, Mentasta Lake, Chistochina and Cantwell).
(1) Season: April 2-June 14 and July 16-August 31; egg gathering
May 1-June 14 only.
(2) Closure: June 15-July 15.
* * * * *
Brian R. Nesvik,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2026-04559 Filed 3-6-26; 8:45 am]
BILLING CODE 4333-15-P