82 FR 10316 - Migratory Bird Subsistence Harvest in Alaska During the 2017 Season
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 27 (February 10, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 27 (February 10, 2017)
| Page Range | 10316-10324 | |
| FR Document | 2017-02688 |
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)] [Proposed Rules] [Pages 10316-10324] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02688] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 92 [Docket No. FWS-R7-MB-2016-0136; FF09M21200-167-FXMB1231099BPP0] RIN 1018-BB71 Migratory Bird Subsistence Harvest in Alaska During the 2017 Season AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- [[Page 10317]] SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is proposing migratory bird subsistence harvest regulations in Alaska for the 2017 season. These proposed regulations would allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These proposed regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking would establish region-specific regulations that would go into effect on April 2, 2017, and expire on August 31, 2017. DATES: We will accept comments received or postmarked on or before March 13, 2017. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by February 27, 2017. ADDRESSES: You may submit comments by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. FWS-R7- MB-2016-0136. U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R7-MB-2016-0136; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; 5275 Leesburg Place, MS: BPHC; Falls Church, VA 22041-3803. We will not accept email or faxes. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comment Procedures section, below, for more information). FOR FURTHER INFORMATION CONTACT: Donna Dewhurst, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 786-3499. SUPPLEMENTARY INFORMATION: Public Comment Procedures To ensure that any action resulting from this proposed rule will be as accurate and as effective as possible, we request that you send relevant information for our consideration. The comments that will be most useful and likely to influence our decisions are those that you support by quantitative information or studies and those that include citations to, and analyses of, the applicable laws and regulations. Please make your comments as specific as possible and explain the basis for them. In addition, please include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include. You must submit your comments and materials concerning this proposed rule by one of the methods listed above in ADDRESSES. We will not accept comments sent by email or fax or to an address not listed in ADDRESSES. If you submit a comment via http://www.regulations.gov, your entire comment--including any personal identifying information, such as your address, telephone number, or email address--will be posted on the Web site. When you submit a comment, the system receives it immediately. However, the comment will not be publicly viewable until we post it, which might not occur until several days after submission. If you mail or hand-carry a hardcopy comment directly to us that includes personal information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. To ensure that the electronic docket for this rulemaking is complete and all comments we receive are publicly available, we will post all hardcopy comments on http://www.regulations.gov. In addition, comments and materials we receive, as well as supporting documentation used in preparing this proposed rule, will be available for public inspection in two ways: (1) You can view them on http://www.regulations.gov. Search for FWS-R7-MB-2016-0136, which is the docket number for this rulemaking. (2) You can make an appointment, during normal business hours, to view the comments and materials in person at the Division of Migratory Bird Management, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041- 3803; (703) 358-1714. Public Availability of Comments As stated above in more detail, before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment-- including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Length of Comment Period Implementation of the Service's 2013 supplemental environmental impact statement on the hunting of migratory birds has resulted in changes to the overall timing of the annual regulatory schedule for the establishment of migratory bird hunting regulations and the Alaska migratory bird subsistence-harvest regulations. That is, moving the annual Service Regulations Committee meeting from July to October has greatly shortened our period to publish the proposed regulations and solicit comments. We are further bounded by a subsistence-harvest start date of April 2, 2017, making a 60-day comment period problematic and increasing the risk of not having regulations established before the start of the subsistence season. Thus, we have established a 30-day comment period for this proposed rule (see DATES, above), and we will be conducting tribal consultations within Alaska simultaneously. A 30- day comment period gives the public adequate time to provide meaningful comments. Why is this rulemaking necessary? This rulemaking is necessary because, by law, the migratory bird harvest season is closed unless opened by the Secretary of the Interior, and the regulations governing subsistence harvest of migratory birds in Alaska are subject to public review and annual approval. This proposed rule would establish regulations for the taking of migratory birds for subsistence uses in Alaska during the spring and summer of 2017. This proposed rule also sets forth a list of migratory bird season openings and closures in Alaska by region. How do I find the history of these regulations? Background information, including past events leading to this rulemaking, accomplishments since the Migratory Bird Treaties with Canada and Mexico were amended, and a history, were originally addressed in the Federal Register on August 16, 2002 (67 FR 53511) and most recently on April 1, 2016 (81 FR 18781). Recent Federal Register documents and all final rules setting forth the annual harvest regulations are available at http://www.fws.gov/alaska/ambcc/regulations.htm or by contacting the person listed under FOR FURTHER INFORMATION CONTACT. What is the process for issuing regulations for the subsistence harvest of migratory birds in Alaska? The U.S. Fish and Wildlife Service is proposing migratory bird subsistence- [[Page 10318]] harvest regulations in Alaska for the 2017 season. These proposed regulations would allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These proposed regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The Alaska Migratory Bird Co-management Council (Co-management Council) held meetings on April 6-7, 2016, to develop recommendations for changes that would take effect during the 2017 harvest season. The Co-management Council also amended the consent agenda package of carry- over regulations to request a limited emperor goose harvest for 2017; these recommended changes were presented first to the Pacific Flyway Council and then to the Service Regulations Committee (SRC) for approval at the SRC meeting on July 31, 2015. Who is eligible to hunt under these regulations? Eligibility to harvest under the regulations established in 2003 was limited to permanent residents, regardless of race, in villages located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian Islands, and in areas north and west of the Alaska Range (50 CFR 92.5). These geographical restrictions opened the initial migratory bird subsistence harvest to about 13 percent of Alaska residents. High- populated, roaded areas such as Anchorage, the Matanuska-Susitna and Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the Gulf of Alaska roaded area, and Southeast Alaska were excluded from eligible subsistence harvest areas. In response to petitions requesting inclusion in the harvest in 2004, we added 13 additional communities consistent with the criteria set forth at 50 CFR 92.5(c). These communities were Gulkana, Gakona, Tazlina, Copper Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port Graham, Nanwalek, Tyonek, and Hoonah, with a combined population of 2,766. In 2005, we added three additional communities for glaucous-winged gull egg gathering only in response to petitions requesting inclusion. These southeastern communities were Craig, Hydaburg, and Yakutat, with a combined population of 2,459, according to the latest census information at that time. In 2007, we enacted the Alaska Department of Fish and Game's request to expand the Fairbanks North Star Borough excluded area to include the Central Interior area. This action excluded the following communities from participation in this harvest: Big Delta/Fort Greely, Healy, McKinley Park/Village, and Ferry, with a combined population of 2,812. In 2012, we received a request from the Native Village of Eyak to include Cordova, Alaska, for a limited season that would legalize the traditional gathering of gull eggs and the hunting of waterfowl during spring. This request resulted in a new, limited harvest of spring waterfowl and gull eggs starting in 2014. What is different in the regulations for 2017? Subpart C Under subpart C, General Regulations Governing Subsistence Harvest, we are proposing to amend Sec. 92.22, the list of birds open to subsistence harvest, by adding emperor goose (Chen canagica) and by amending cackling goose to allow egg gathering. The Co-management Council proposed a new emperor goose limited subsistence hunt for the 2016 season. Since 2012, the Co-management Council has received regulatory proposals from the Sun'aq Tribe of Kodiak, the Kodiak-Aleutians Subsistence Regional Advisory Council, the Yaquillrit Keutisti Council (Bristol Bay), and the Bering Strait/Norton Sound Migratory Bird Council (Kawerak) to open the harvest of emperor geese for the subsistence season. Since the hunting season has been closed since 1987 for emperor geese, the Co-management Council created a subcommittee to address these proposals. The emperor goose harvest was guided by the 2006 Pacific Flyway Management Plan and the 2005-2006 Yukon-Kuskokwim Delta Goose Management Plan. Between 80 and 90 percent of the emperor goose population breeds on the Yukon-Kuskokwim Delta of Alaska, and most emperor geese winter in remote western Alaska, with the remainder wintering in Russia. Two studies were conducted concurrently by the Service and the Alaska Department of Fish and Game. The first study provided a comprehensive evaluation of all available emperor goose survey data and assessed harvest potential of the population. The second study developed a Bayesian state space population model to improve estimates of population size by integrating current population assessment methods using all available data sets. The model provides a framework from which to make inferences about survival rates, age structure, and population size. The results of these studies will assist in amending the management plans. The 2016 spring emperor goose survey was conducted April 21-24, 2016. The spring index was 79,348 birds, which represented a 19.2 percent decrease from the previous count in 2015. The current 3-year (2014-2016) average count of 85,795 is 4.8 percent above the previous 3-year (2012-2015 [no survey in 2013]) average of 81,875. Further, it is above the threshold for consideration of an open hunting season on emperor geese as specified in the Yukon-Kuskokwim Delta Goose Management Plan and the Pacific Flyway Council Management Plan for emperor geese. As a result of this new information, the Co-management Council amended their motion of the consent agenda to add an allowance for a limited emperor goose harvest in 2016. The Pacific Flyway Council met in July 2015, and supported the Co-management Council's recommendation to work with the State of Alaska and the Service to develop harvest regulations and monitoring for a limited emperor goose harvest in 2016. On July 31, 2015, the SRC supported the Co-management Council's proposed limited harvest of emperor geese for the 2016 Alaska spring and summer subsistence season. However, the approval was provisional based upon the following: (1) A limited harvest of 3,500 emperor geese to ensure that population growth continues toward the Flyway management plan objective; (2) A harvest allocation (e.g., an individual, family, or Village quota or permit hunt) that ensures harvest does not exceed 3,500; (3) Agreement on a monitoring program to index abundance of the emperor goose population; and (4) A revised Pacific Flyway Emperor Goose Management Plan, including harvest allocation among all parties (including spring/summer and fall/winter), population objective, population monitoring, and thresholds for season restriction or closure. The harvest allocation design and harvest monitoring plan were to be completed by November 1, 2016. Additionally, there was an explicit statement that the limited, legalized harvest of 3,500 birds was not in addition to existing subsistence harvest (approximately 3,200 emperor geese). The 3,500-bird allowable harvest was to be allocated to subsistence users during [[Page 10319]] the spring and summer subsistence season. The SRC suggested that the allowable harvest should be monitored to ensure it does not exceed 3,500 birds. On August 13-14, and September 21, 2015, the Co-management Council Native Caucus met separately and with all partners to discuss options available to limit and monitor the harvest, as well as options to allocate the 3,500 birds across the six regions where emperor geese occur. Given the limited time provided to address the four conditions placed on this new harvest by the SRC, all partners agreed that the best course of action would be to spend additional time working together to develop a culturally sensitive framework tailored to each participating region that conserves the population and adequately addresses the data needs of all partners. In support of this recommendation, the Co-management Council took action to: Postpone an emperor goose harvest until 2017; work with all partners to develop the harvest framework; and work with their Emperor Goose Subcommittee and the Pacific Flyway Council on updating the Pacific Flyway Emperor Goose Management Plan. In 2016, work continued on the Alaska Migratory Bird Co-management Council draft Management Plan for emperor geese. The Co-management Council's Management Plan was the first of its kind developed cooperatively for managing the emperor goose population of Alaska and was signed by the Co-management Council on September 1, 2016. Adoption of the Co-management Council's Emperor Goose Management Plan was contingent on the adoption of the Pacific Flyway Emperor Goose Management Plan by the Pacific Flyway Council. The Pacific Flyway Council adopted the 2016 Pacific Flyway Emperor Goose Management Plan on September 30, 2016. The Co-management Council's Management Plan specifies regulations for the spring/summer subsistence hunt period and will serve as a companion to the 2016 revision of the Pacific Flyway Management Plan for the Emperor Goose, which specifies regulations for the fall/winter harvest of emperor geese. The Co-management Council's Management Plan supersedes the Yukon-Kuskokwim Delta Goose Management Plan for emperor goose management. In both management plans, the spring survey index was been replaced by a summer survey index of indicated total birds (total bird index) derived from aerial surveys of emperor goose abundance on the Yukon-Kuskokwim Delta (YKD Coastal Zone Survey). The total bird index is less biased and more precise than the spring survey index and is based on statistical sampling theory. The 2016 survey index was 34,109 (SE = 2,490) emperor geese, which equates to a total range-wide population of about 177,000 geese. The most recent three-year (2014-2016) average population index is 30,965 emperor geese; representing a total range-wide population of about 161,000 geese. The Co-management Council's Plan for the emperor goose establishes a population objective consistent with the abundance achieved in 2016 (i.e., abundance index = 34,109) after about 30 years of hunting season closures. The total bird index and population objective are viewed as interim strategies that will be reevaluated after 3 years of the Co-management Council's Management Plan implementation, while other population- assessment models are further evaluated, refined and an agreement developed on the most appropriate short- and long-term survey protocols. The Co-management Council's Management Plan outlines an emperor goose harvest strategy based on using a total bird index from the YKD Coastal Zone Survey to assess population status relative to a regulatory harvest threshold. The total bird index is a relative measure of population size based on the number of geese detected from aerial surveys on the Yukon-Kuskokwim Delta during the early nesting period. The Co-management Council's Plan allows for an open subsistence harvest when the YKD Coastal Zone Survey index equals or exceeds 28,000 geese, which equates to a total range-wide population size of about 146,000 geese based on current model-based estimates. A more restrictive harvest quota will be considered if the population index declines below 28,000 geese to help reduce the probability for a subsequent closed season. The harvest season will be closed if the population index declines below 23,000 emperor geese, which equates to a total range-wide population size of about 120,000 geese. The decision to restrict the harvest quota when the population is between 23,000 and 28,000 geese depends on Co-management Council recommendations to the Service after review of current year population status relative to the objective, trends, and other information. The Service maintains authority to establish a more conservative quota for allowable take if determined appropriate. The population thresholds for consideration of hunting season restrictions and closure represent about 80% and 70% of the population objective (i.e., abundance level achieved in 2016; 34,109 geese). Selection of these thresholds by the Council and AMBCC where informed by an analysis conducted by the Service. The analysis derived the optimal hunting season closure threshold given conservation and harvest objectives, uncertainty in abundance and harvest estimation, and a predictive demographic model (E. Osnas and C. Frost, U.S. Fish and Wildlife Service, unpublished report). The term of this harvest strategy is 5 years. However, during the 3-year period (2017-2019) following implementation, the Subcommittee will annually review available data (e.g., harvest survey data, population status and trend, and other relevant information) and consider the need for conservation measures. After the 3-year period, the Subcommittee will conduct a thorough analysis of the available data to determine efficacy of the harvest strategy and will consider alternative strategies if warranted. Alternatives will be considered as amendments to the management plan and be effective for the remainder of the 5-year term. The spring/summer subsistence harvest-strategy is complementary to the fall/winter harvest strategy included in the Pacific Flyway Emperor Goose Management Plan. In recognition that emperor geese are a shared resource, the Co-Management Council has established the following spring/summer subsistence-harvest guidelines: (1) The harvest strategy seeks to maintain a population of emperor geese above an index of 23,000 birds based on the total bird index from the most recent YKD Coastal Zone Survey; (2) If the total bird index from the previous year is greater than 23,000 birds, then spring/summer subsistence harvest of emperor geese will be open to customary and traditional practices; (3) If the total bird index from the previous year drops below 28,000 birds, the Co-management Council will consider implementing conservation measures that include: increased outreach and education programs, reduced season length (e.g., 2-week harvest season), extension of the 30-day closure, cessation of egg collection, limiting hunting to elder and ceremonial harvest only, or other measures as identified by the parties to the management plan; and (4) If the total bird index from the previous year is less than 23,000 birds, then emperor goose hunting will be closed. The Service finds that this proposal will provide for the preservation and maintenance of emperor geese in Alaska. See 16 U.S.C. 712(1). [[Page 10320]] The Association of Village Council Presidents' Waterfowl Conservation Committee submitted a proposal to open egg gathering of the cackling goose subspecies of Canada goose (Branta canadensis) in the Yukon/Kuskokwim Delta Region of Alaska. Currently all of the cackling geese nest on the Yukon/Kuskokwim Delta. The 2016 fall cackling Canada goose population index is 327,453 21,104 (SE) birds and the 3-year (2014-2016) average is 320,658 birds. These estimates are 5.7 percent below and 0.9 percent above, respectively, those reported in 2015, and above the population objective threshold of 250,000 birds. The Co-management Council voted in April 2016 to support the proposal with the modification that the dates for egg collecting would be lumped with the existing harvest season that is announced annually by the Service's Regional Director or his designee, after consultation with field biologists and the Association of Village Council Presidents' Waterfowl Conservation Committee. This season would include a 30-day closure to protect nesting birds. Likewise, we find that this proposal will provide for the preservation and maintenance of the subspecies population of cackling geese. Subpart D The regulations we are proposing for subpart D, Annual Regulations Governing Subsistence Harvest, include changes from our 2016 regulations for the Prince William Sound East and Northwest Arctic regions as discussed below. The Chugach Regional Resource Commission submitted a proposal to open the Cordova subsistence harvest, in the barriers islands of Prince William Sound, to include residents of Tatitlek and Chenega Bay. This would allow residents of these two small communities to also be able to take advantage of this limited harvest opportunity in their area. The number of participants from Cordova is much smaller than originally anticipated; thus, it is likely that added eligibility for these two small communities would not pose a significant increase in harvest. The Co-management Council supported this proposal with the provision that registration would be available in each community, and outreach on the regulations. The Northwest Arctic Regional Council submitted a proposal to amend hunting season dates to reflect a trend for earlier spring migration and to be able to hunt molting geese that stage in their area. In subsequent meetings between the Service and the Regional Council, dates were adjusted and clarified to have waterfowl harvest, including hunting and egg gathering, from April 2 through June 14, which would resume July 16, after the required 30-day nesting closure. The harvest of nonbreeding, molting geese would run July 1 through July 15. The Co- management Council unanimously supported the amended dates at their Statewide meeting in April 2016. How will the service ensure that the subsistence migratory bird harvest complies with the Migratory Bird Treaty Act, and will not threaten the conservation of endangered and threatened species? We have monitored subsistence harvest for the past 25 years through the use of household surveys in the most heavily used subsistence harvest areas, such as the Yukon-Kuskokwim Delta. In recent years, more intensive surveys combined with outreach efforts focused on species identification have been added to improve the accuracy of information gathered from regions still reporting some subsistence harvest of listed or candidate species. Based on our monitoring of the migratory bird species and populations taken for subsistence, we find that this proposed regulation will provide for the preservation and maintenance of migratory bird stocks as required by the Migratory Bird Treaty Act. The Act's 16 U.S.C. 712(1) provision states that Service ``is authorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.'' Communication and coordination between the Service, the Co-management Council, and the Pacific Flyway Council have allowed us to set harvest regulations to ensure the long-term viability of the migratory bird stocks. In addition, Alaska migratory bird subsistence harvest rates have continued to decline since the inception of the subsistence- harvest program, reducing concerns about the program's consistency with the preservation and maintenance of stocks of migratory birds. As for the ensuring the conservation of Endangered Species Act- listed species, Spectacled eiders (Somateria fischeri) and the Alaska- breeding population of Steller's eiders (Polysticta stelleri) are listed as threatened species. Their migration and breeding distribution overlap with areas where the spring and summer subsistence migratory bird hunt is open in Alaska. Both species are closed to hunting, although harvest surveys and Service documentation indicate both species are taken in several regions of Alaska. The Service has dual objectives and responsibilities for authorizing a subsistence harvest while protecting migratory birds and threatened species. Although these objectives continue to be challenging, they are not irreconcilable, provided that (1) regulations continue to protect threatened species, (2) measures to address documented threats are implemented, and (3) the subsistence community and other conservation partners commit to working together. With these dual objectives in mind, the Service, working with North Slope partners, developed measures in 2009 to further reduce the potential for shooting mortality or injury of closed species. These conservation measures included: (1) Increased waterfowl hunter outreach and community awareness through partnering with the North Slope Migratory Bird Task Force; and (2) continued enforcement of the migratory bird regulations that are protective of listed eiders. This proposed rule continues to focus on the North Slope from Barrow to Point Hope because Steller's eiders from the listed Alaska breeding population are known to breed and migrate there, and harvest survey data and direct observations indicate take during subsistence harvest has occurred there. These proposed regulations are designed to address several ongoing eider-management needs by clarifying for subsistence users that (1) Service law enforcement personnel have authority to verify species of birds possessed by hunters, and (2) it is illegal to possess any species of bird closed to harvest. This proposed rule also describes how the Service's existing authority of emergency closure would be implemented, if necessary, to protect Steller's eiders. We are always willing to discuss regulations with our partners on the North Slope to ensure protection of closed species while providing subsistence hunters an opportunity to maintain the culture and traditional migratory bird harvest of the community. The proposed regulations pertaining to bag checks and possession of illegal birds are deemed necessary to monitor take of closed eider species during the subsistence hunt. In collaboration with North Slope partners, a number of conservation efforts have been implemented to raise awareness and educate hunters on [[Page 10321]] Steller's eider conservation via the bird fair, meetings, radio shows, signs, school visits, and one-on-one contacts. Limited intermittent monitoring on the North Slope, focused primarily at Barrow, found no evidence that listed eiders were shot in 2009 through 2012; one Steller's eider and one spectacled eider were found shot during the summer of 2013; one Steller's eider was found shot in 2014; and no listed eiders were found shot in 2015 or 2016. Elsewhere in Alaska, one spectacled eider that appeared to have been shot was found dead on the Yukon-Kuskokwim Delta in 2015. The Service acknowledges progress made with the other eider conservation measures, including partnering with the North Slope Migratory Bird Task Force, for increased waterfowl- hunter awareness, continued enforcement of the regulations, and in- season verification of the harvest. To reduce the threat of shooting mortality of threatened eiders, we continue to work with North Slope partners to conduct education and outreach. In addition, the emergency- closure authority provides another level of assurance if an unexpected number of Steller's eiders are killed by shooting (50 CFR 92.21 and 50 CFR 92.32). In-season harvest-monitoring information will be used to evaluate the efficacy of regulations, conservation measures, and outreach efforts. Conservation measures are being continued by the Service, with the amount of effort and emphasis being based on regulatory adherence. The longstanding general emergency-closure provision at 50 CFR 92.21 specifies that the harvest may be closed or temporarily suspended upon finding that a continuation of the regulation allowing the harvest would pose an imminent threat to the conservation of any migratory bird population. With regard to Steller's eiders, the proposed regulations at 50 CFR 92.32, carried over from the past 6 years, clarify that we will take action under 50 CFR 92.21 as is necessary to prevent further take of Steller's eiders, and that action could include temporary or long-term closures of the harvest in all or a portion of the geographic area open to harvest. When and if mortality of threatened eiders is documented, we will evaluate each mortality event by criteria such as cause, quantity, sex, age, location, and date. We will consult with the Co-management Council when we are considering an emergency closure. If we determine that an emergency closure is necessary, we will design it to minimize its impact on the subsistence harvest. Endangered Species Act Consideration Section 7 of the Endangered Species Act (16 U.S.C. 1536) requires the Secretary of the Interior to ``review other programs administered by him (or her) and utilize such programs in furtherance of the purposes of the Act'' and to ``insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat . . . .'' Prior to issuance of annual spring and summer subsistence regulations, we would consult under section 7 of the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), to ensure that the 2017 subsistence harvest is not likely to jeopardize the continued existence of any species designated as endangered or threatened, or modify or destroy its critical habitat, and that the regulations are consistent with conservation programs for those species. Consultation under section 7 of the Act for the annual subsistence take regulations may cause us to change these regulations. Our biological opinion resulting from the section 7 consultation is a public document available from the person listed under FOR FURTHER INFORMATION CONTACT. Statutory Authority We derive our authority to issue these regulations from the Migratory Bird Treaty Act of 1918, at 16 U.S.C. 712(1), which authorizes the Secretary of the Interior, in accordance with the treaties with Canada, Mexico, Japan, and Russia, to ``issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.'' Required Determinations Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this proposed rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act The Department of the Interior certifies that, if adopted, this proposed rule would not have a significant economic impact on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A regulatory flexibility analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. This proposed rule would legalize a pre-existing subsistence activity, and the resources harvested will be consumed. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Would not have an annual effect on the economy of $100 million or more. It would legalize and regulate a traditional subsistence activity. It would not result in a substantial increase in subsistence harvest or a significant change in harvesting patterns. The commodities that would be regulated under this proposed rule are migratory birds. This rule deals with legalizing the subsistence harvest of migratory birds and, as such, does not involve commodities traded in the marketplace. A small economic benefit from this proposed rule would derive from the sale of equipment and ammunition to carry out subsistence hunting. Most, if not all, businesses that sell hunting equipment in rural Alaska qualify as small businesses. We have no reason to believe that this proposed rule would lead to a disproportionate distribution of benefits. (b) Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. This proposed rule does not deal with traded commodities and, therefore, would not have an impact on prices for consumers. [[Page 10322]] (c) Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This proposed rule deals with the harvesting of wildlife for personal consumption. It would not regulate the marketplace in any way to generate substantial effects on the economy or the ability of businesses to compete. Unfunded Mandates Reform Act We have determined and certified under the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) that this proposed rule would not impose a cost of $100 million or more in any given year on local, State, or tribal governments or private entities. The proposed rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act is not required. Participation on regional management bodies and the Co-management Council requires travel expenses for some Alaska Native organizations and local governments. In addition, they assume some expenses related to coordinating involvement of village councils in the regulatory process. Total coordination and travel expenses for all Alaska Native organizations are estimated to be less than $300,000 per year. In a notice of decision (65 FR 16405; March 28, 2000), we identified 7 to 12 partner organizations (Alaska Native nonprofits and local governments) to administer the regional programs. The Alaska Department of Fish and Game also incurs expenses for travel to Co-management Council and regional management body meetings. In addition, the State of Alaska will be required to provide technical staff support to each of the regional management bodies and to the Co-management Council. Expenses for the State's involvement may exceed $100,000 per year, but should not exceed $150,000 per year. When funding permits, we make annual grant agreements available to the partner organizations and the Alaska Department of Fish and Game to help offset their expenses. Takings (Executive Order 12630) Under the criteria in Executive Order 12630, this proposed rule would not have significant takings implications. This proposed rule is not specific to particular land ownership, but applies to the harvesting of migratory bird resources throughout Alaska. A takings implication assessment is not required. Federalism (Executive Order 13132) Under the criteria in Executive Order 13132, this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. We discuss effects of this proposed rule on the State of Alaska in the Unfunded these Mandates Reform Act section, above. We worked with the State of Alaska to develop proposed regulations. Therefore, a federalism summary impact statement is not required. Civil Justice Reform (Executive Order 12988) The Department, in promulgating this proposed rule, has determined that it will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Government-to-Government Relations With Native American Tribal Governments Consistent with Executive Order 13175 (65 FR 67249; November 6, 2000), ``Consultation and Coordination with Indian Tribal Governments'', and Department of Interior policy on Consultation with Indian Tribes (December 1, 2011), we will send letters via electronic mail to all 229 Alaska Federally recognized Indian tribes. Consistent with Congressional direction (Pub. L. 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also send letters to approximately 200 Alaska Native corporations and other tribal entities in Alaska soliciting their input as to whether or not they would like the Service to consult with them on the 2017 migratory bird subsistence-harvest regulations. We implemented the amended treaty with Canada with a focus on local involvement. The treaty calls for the creation of management bodies to ensure an effective and meaningful role for Alaska's indigenous inhabitants in the conservation of migratory birds. According to the Letter of Submittal, management bodies are to include Alaska Native, Federal, and State of Alaska representatives as equals. They develop recommendations for, among other things: Seasons and bag limits, methods and means of take, law enforcement policies, population and harvest monitoring, education programs, research and use of traditional knowledge, and habitat protection. The management bodies involve village councils to the maximum extent possible in all aspects of management. To ensure maximum input at the village level, we required each of the 11 participating regions to create regional management bodies consisting of at least one representative from the participating villages. The regional management bodies meet twice annually to review and/or submit proposals to the Statewide body. Paperwork Reduction Act of 1995 (PRA) This proposed rule does not contain any new collections of information that require Office of Management and Budget (OMB) approval under the PRA (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. OMB has reviewed and approved our collection of information associated with: Voluntary annual household surveys that we use to determine levels of subsistence take (OMB Control Number 1018-0124, expires October 31, 2019). Permits associated with subsistence hunting (OMB Control Number 1018-0075, expires June 30, 2019). National Environmental Policy Act Consideration (42 U.S.C. 4321 et seq.) The annual regulations and options are considered in a November 2016 environmental assessment, ``Managing Migratory Bird Subsistence Hunting in Alaska: Hunting Regulations for the 2017 Spring/Summer Harvest.'' Copies are available from the person listed under FOR FURTHER INFORMATION CONTACT or at http://www.regulations.gov. Energy Supply, Distribution, or Use (Executive Order 13211) Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This is not a significant regulatory action under this Executive Order; it would allow only for traditional subsistence harvest and improve conservation of migratory birds by allowing effective regulation of this harvest. Further, this proposed rule is not expected to significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action under Executive Order 13211, and a Statement of Energy Effects is not required. List of Subjects in 50 CFR Part 92 Hunting, Treaties, Wildlife. [[Page 10323]] Regulation Promulgation For the reasons set out in the preamble, we amend title 50, chapter I, subchapter G, of the Code of Federal Regulations as follows: PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA 0 1. The authority citation for part 92 continues to read as follows: Authority: 16 U.S.C. 703-712. Subpart C--General Regulations Governing Subsistence Harvest 0 2. Amend Sec. 92.22 by: 0 a. Redesignating paragraph (a)(3) as paragraph (a)(4); 0 b. Adding a new paragraph (a)(3); and 0 c. Revising paragraph (a)(6). The addition and revision to read as follows: Sec. 92.22 Subsistence migratory bird species. * * * * * (a)(3) Emperor goose (Chen canagica). * * * * * (a)(6) Canada goose, subspecies cackling goose. * * * * * Subpart D--Annual Regulations Governing Subsistence Harvest 0 3. Amend subpart D by adding Sec. 92.31 to read as follows: Sec. 92.31 Region-specific regulations. The 2017 season dates for the eligible subsistence-harvest areas are as follows: (a) Aleutian/Pribilof Islands Region. (1) Northern Unit (Pribilof Islands): (i) Season: April 2-June 30. (ii) Closure: July 1-August 31. (2) Central Unit (Aleutian Region's eastern boundary on the Alaska Peninsula westward to and including Unalaska Island): (i) Season: April 2-June 15 and July 16-August 31. (ii) Closure: June 16-July 15. (iii) Special Black Brant Season Closure: August 16-August 31, only in Izembek and Moffet lagoons. (iv) Special Tundra Swan Closure: All hunting and egg gathering closed in Game Management Units 9(D) and 10. (3) Western Unit (Umnak Island west to and including Attu Island): (i) Season: April 2-July 15 and August 16-August 31. (ii) Closure: July 16-August 15. (b) Yukon/Kuskokwim Delta Region. (1) Season: April 2-August 31. (2) Closure: 30-day closure dates to be announced by the Service's Alaska Regional Director or his designee, after consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee. This 30-day period will occur between June 1 and August 15 of each year. A press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television stations. (3) Special Black Brant and Cackling Canada Goose Season Hunting Closure: From the period when egg laying begins until young birds are fledged. Closure dates to be announced by the Service's Alaska Regional Director or his designee, after consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee. A press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television stations. (c) Bristol Bay Region. (1) Season: April 2-June 14 and July 16- August 31 (general season); April 2-July 15 for seabird egg gathering only. (2) Closure: June 15-July 15 (general season); July 16-August 31 (seabird egg gathering). (d) Bering Strait/Norton Sound Region. (1) Stebbins/St. Michael Area (Point Romanof to Canal Point): (i) Season: April 15-June 14 and July 16-August 31. (ii) Closure: June 15-July 15. (2) Remainder of the region: (i) Season: April 2-June 14 and July 16-August 31 for waterfowl; April 2-July 19 and August 21-August 31 for all other birds. (ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for all other birds. (e) Kodiak Archipelago Region, except for the Kodiak Island roaded area, which is closed to the harvesting of migratory birds and their eggs. The closed area consists of all lands and waters (including exposed tidelands) east of a line extending from Crag Point in the north to the west end of Saltery Cove in the south and all lands and water south of a line extending from Termination Point along the north side of Cascade Lake extending to Anton Larsen Bay. Marine waters adjacent to the closed area are closed to harvest within 500 feet from the water's edge. The offshore islands are open to harvest. (1) Season: April 2-June 30 and July 31-August 31 for seabirds; April 2-June 20 and July 22-August 31 for all other birds. (2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all other birds. (f) Northwest Arctic Region. (1) Season: April 2-June 14 and July 16-August 31 (hunting in general); waterfowl egg gathering April 2-June 14 only; seabird egg gathering May 20-July 12 only; hunting molting/ non-nesting waterfowl July 1-July 15 only. (2) Closure: June 15-July 15, except for the taking of seabird eggs and molting/non-nesting waterfowl as provided in paragraph (f)(1) of this section. (g) North Slope Region. (1) Southern Unit (Southwestern North Slope regional boundary east to Peard Bay, everything west of the longitude line 158[deg]30' W. and south of the latitude line 70[deg]45' N. to the west bank of the Ikpikpuk River, and everything south of the latitude line 69[deg]45' N. between the west bank of the Ikpikpuk River to the east bank of Sagavinirktok River): (i) Season: April 2-June 29 and July 30-August 31 for seabirds; April 2-June 19 and July 20-August 31 for all other birds. (ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all other birds. (iii) Special Black Brant Hunting Opening: From June 20-July 5. The open area consists of the coastline, from mean high water line outward to include open water, from Nokotlek Point east to longitude line 158[deg]30' W. This includes Peard Bay, Kugrua Bay, and Wainwright Inlet, but not the Kuk and Kugrua river drainages. (2) Northern Unit (At Peard Bay, everything east of the longitude line 158[deg]30' W. and north of the latitude line 70[deg]45' N. to west bank of the Ikpikpuk River, and everything north of the latitude line 69[deg]45' N. between the west bank of the Ikpikpuk River to the east bank of Sagavinirktok River): (i) Season: April 2-June 6 and July 7-August 31 for king and common eiders; April 2-June 15 and July 16-August 31 for all other birds. (ii) Closure: June 7-July 6 for king and common eiders; June 16- July 15 for all other birds. (3) Eastern Unit (East of eastern bank of the Sagavanirktok River): (i) Season: April 2-June 19 and July 20-August 31. (ii) Closure: June 20-July 19. (4) All Units: yellow-billed loons. Annually, up to 20 yellow- billed loons total for the region inadvertently entangled in subsistence fishing nets in the North Slope Region may be kept for subsistence use. (5) North Coastal Zone (Cape Thompson north to Point Hope and east along the Arctic Ocean coastline around Point Barrow to Ross Point, including Iko Bay, and 5 miles inland). (i) No person may at any time, by any means, or in any manner, possess or have in custody any migratory bird or [[Page 10324]] part thereof, taken in violation of subparts C and D of this part. (ii) Upon request from a Service law enforcement officer, hunters taking, attempting to take, or transporting migratory birds taken during the subsistence harvest season must present them to the officer for species identification. (h) Interior Region. (1) Season: April 2-June 14 and July 16-August 31; egg gathering May 1-June 14 only. (2) Closure: June 15-July 15. (i) Upper Copper River Region (Harvest Area: Game Management Units 11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina and Cantwell). (1) Season: April 15-May 26 and June 27-August 31. (2) Closure: May 27-June 26. (3) The Copper River Basin communities listed above also documented traditional use harvesting birds in Game Management Unit 12, making them eligible to hunt in this unit using the seasons specified in paragraph (h) of this section. (j) Gulf of Alaska Region. (1) Prince William Sound Area West (Harvest area: Game Management Unit 6[D]), (Eligible Chugach communities: Chenega Bay, Tatitlek): (i) Season: April 2-May 31 and July 1-August 31. (ii) Closure: June 1-30. (2) Prince William Sound Area East (Harvest area: Game Management Units 6[B]and [C]--Barrier Islands between Strawberry Channel and Softtuk Bar), (Eligible Chugach communities: Cordova, Tatitlek, and Chenega Bay): (i) Season: April 2-April 30 (hunting); May 1-May 31 (gull egg gathering). (ii) Closure: May 1-August 31 (hunting); April 2-30 and June 1- August 31 (gull egg gathering). (iii) Species Open for Hunting: Greater white-fronted goose; snow goose; gadwall; Eurasian and American wigeon; blue-winged and green- winged teal; mallard; northern shoveler; northern pintail; canvasback; redhead; ring-necked duck; greater and lesser scaup; king and common eider; harlequin duck; surf, white-winged, and black scoter; long- tailed duck; bufflehead; common and Barrow's goldeneye; hooded, common, and red-breasted merganser; and sandhill crane. Species open for egg gathering: glaucous-winged, herring, and mew gulls. (iv) Use of Boats/All-Terrain Vehicles: No hunting from motorized vehicles or any form of watercraft. (v) Special Registration: All hunters or egg gatherers must possess an annual permit, which is available from the Cordova offices of the Native Village of Eyak and the U. S. Forest Service. (3) Kachemak Bay Area (Harvest area: Game Management Unit 15[C] South of a line connecting the tip of Homer Spit to the mouth of Fox River) (Eligible Chugach Communities: Port Graham, Nanwalek): (i) Season: April 2-May 31 and July 1-August 31. (ii) Closure: June 1-30. (k) Cook Inlet (Harvest area: Portions of Game Management Unit 16[B] as specified below) (Eligible communities: Tyonek only): (1) Season: April 2-May 31--That portion of Game Management Unit 16(B) south of the Skwentna River and west of the Yentna River, and August 1-31--That portion of Game Management Unit 16(B) south of the Beluga River, Beluga Lake, and the Triumvirate Glacier. (2) Closure: June 1-July 31. (l) Southeast Alaska. (1) Community of Hoonah (Harvest area: National Forest lands in Icy Strait and Cross Sound, including Middle Pass Rock near the Inian Islands, Table Rock in Cross Sound, and other traditional locations on the coast of Yakobi Island. The land and waters of Glacier Bay National Park remain closed to all subsistence harvesting (50 CFR part 100.3(a)): (i) Season: Glaucous-winged gull egg gathering only: May 15-June 30. (ii) Closure: July 1-August 31. (2) Communities of Craig and Hydaburg (Harvest area: small islands and adjacent shoreline of western Prince of Wales Island from Point Baker to Cape Chacon, but also including Coronation and Warren islands): (i) Season: Glaucous-winged gull egg gathering only: May 15-June 30. (ii) Closure: July 1-August 31. (3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point Riou), and coastal lands and islands bordering the Gulf of Alaska from Point Manby southeast to and including Dry Bay): (i) Season: Glaucous-winged gull egg gathering: May 15-June 30. (ii) Closure: July 1-August 31. 0 4. Amend subpart D by adding Sec. 92.32 to read as follows: Sec. 92.32 Emergency regulations to protect Steller's eiders. Upon finding that continuation of these subsistence regulations would pose an imminent threat to the conservation of threatened Steller's eiders (Polysticta stelleri), the U.S. Fish and Wildlife Service Alaska Regional Director, in consultation with the Co- management Council, will immediately under Sec. 92.21 take action as is necessary to prevent further take. Regulation changes implemented could range from a temporary closure of duck hunting in a small geographic area to large-scale regional or Statewide long-term closures of all subsistence migratory bird hunting. These closures or temporary suspensions will remain in effect until the Regional Director, in consultation with the Co-management Council, determines that the potential for additional Steller's eiders to be taken no longer exists. Dated: February 1, 2017. Maureen D. Foster, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2017-02688 Filed 2-9-17; 8:45 am] BILLING CODE 4333-15-P
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47°19′53″ N., longitude 122°29′28″ W. safety or security reasons, unless (1) Explosives anchorages are reserved
and ending at latitude 47°20′37″ N., otherwise authorized by the COTP Puget for vessels carrying explosives. Other
longitude 122°27′18″ W. Sound. vessels may anchor or operate in such
(17) Budd Inlet Anchorages. (5) Any vessel greater than 1600 gross anchorages only when no vessel
(i) Budd Inlet General Anchorage. All tons anchored in a designated anchorage anchored in the explosive anchorage is
waters of Budd Inlet north of latitude described in paragraph (a) of this displaying by day a red flag at least 16
47°06′00″ N., and south of latitude section must maintain the capability to square feet in area at its mast head or
47°08′00″ N. get underway within 30 minutes, unless at least 10 feet above the upper deck if
(ii) Budd Inlet North General otherwise authorized by the COTP Puget the vessel has no mast, and by night a
Anchorage. All waters of Budd Inlet Sound. red light in the same position specified
within an area beginning at Dofflemyer (6) No vessel may anchor in a ‘‘dead for the flag, unless otherwise authorized
Point, at latitude 47°08′25.87″ N., ship’’ status (propulsion or control by the COTP.
longitude 122°54′26″ W.; thence to unavailable for normal operations) in a (2) All vessels carrying explosives in
latitude 47°08′25.87″ N., longitude designated anchorage described in the COTP Puget Sound Zone must be
122°55′34.5″ W.; thence to latitude paragraph (a) of this section, unless within an explosives anchorage when
47°08′51″ N., longitude 122°55′32″ W.; otherwise authorized by the COTP Puget anchored, except as may be necessary
thence to latitude 47°09′24″ N., Sound. for safety or security reasons or
longitude 122°55′32″ W., thence to otherwise authorized by the COTP, and
(7) Within the Anacortes Anchorages
latitude 47°10′00″ N., longitude must at all time have a competent
described in paragraph (a)(10) of this
122°55′11″ W.; thence to latitude watchman on board the vessel or a tug
section, lightering operations must only
47°10′00″ N., longitude 122°54′00″ W.; in attendance.
be conducted in the Anacortes West and
thence to latitude 47°09′31.1″ N., (3) Whenever any vessel carrying
Anacortes Center anchorages, unless
longitude 122°54′00″ W., thence to explosives not fitted with mechanical
otherwise authorized by the COTP Puget
latitude 47°09′00.8″ N., longitude power anchors is anchored in the COTP
Sound.
122°54′26″ W., thence to the point of Puget Sound Zone, the COTP may
origin at Dofflemyer Point. (8) Tug and barge holding areas are for
the use of tug and barge combinations require the attendance of a tug upon
(b) General regulations. (1) Deep-draft such vessel, when, in his or her
vessels, including articulated tug and and fishing vessels less than 200 feet,
for a period not to exceed 10 days. Other judgment, such action is necessary.
barge combinations, over 200 feet in (4) Any vessel carrying explosives at
length and any vessel carrying vessels may anchor or operate in such
areas at any time so long as such anchor in an explosives anchorage must
explosives, operating in the COTP Puget display by day a red flag at least 16
Sound Zone must anchor only in a anchorage or operations do not interfere
with the anchorage or operation of a tug square feet in area at its mast head or
designated anchorage described in at least 10 feet above the upper deck if
paragraph (a) of this section except as and barge combination or fishing vessel
less than 200 feet utilizing the area. the vessel has no mast, and by night a
may be necessary for safety or security red light in the same position specified
reasons. Such vessels must obtain (9) Within the Cap Sante and Hat
Island Tug and Barge Anchorages, for the flag. These signals shall be in
permission from the Captain of the Port addition to day signals and lights
(COTP) Puget Sound to use a designated described in paragraphs (a)(11) and (12)
of this section, tugs and barges are required to be shown by all vessels
anchorage and should request when at anchor.
permission at least 48 hours prior to required to ensure their vessels and
barges do not project beyond the (5) No explosives handling in any
arrival by contacting Vessel Traffic explosives anchorage will be
Service (VTS) Puget Sound. holding area’s boundaries, unless
otherwise authorized by the COTP Puget undertaken by any vessel unless COTP
(2) Any vessel not covered in
Sound. personnel are on board to supervise the
paragraph (b)(1) of this section may
(10) Within any tug and barge holding handling operations.
anchor and/or operate in a designated
anchorage described in paragraph (a) of area, a tug must be manned, remain in Dated: January 18, 2017.
this section at any time so long as such attendance with the barge, and maintain M.E. Butt,
anchorage or operations do not interfere a communications guard with VTS on Rear Admiral, U.S. Coast Guard, Commander,
with the anchorage or operation of a an appropriate VTS VHF working Thirteenth Coast Guard District.
vessel covered in paragraph (b)(1) of this frequency as defined in 33 CFR [FR Doc. 2017–02683 Filed 2–9–17; 8:45 am]
section that is utilizing the designated 161.12(c) at all times. BILLING CODE 9110–04–P
anchorage. (11) The COTP Puget Sound and VTS
(3) All vessels anchoring or operating Puget Sound will, to the maximum
in a designated anchorage described in extent possible, manage the use of the DEPARTMENT OF THE INTERIOR
paragraph (a) of this section must follow designated anchorages described in
any lawful direction given to them by paragraph (a) of this section to avoid or Fish and Wildlife Service
the COTP Puget Sound or VTS Puget minimize any impact of the use of such
Sound regarding the movement, anchorages on Indian tribal fisheries. In 50 CFR Part 92
operation, or anchorage of their vessel, so doing, the COTP and VTS Puget
Sound will maintain close liaison with [Docket No. FWS–R7–MB–2016–0136;
to include any order to depart the FF09M21200–167–FXMB1231099BPP0]
designated anchorage. the Indian tribes that could be affected
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(4) Any vessel in a condition such to ensure Coast Guard awareness of RIN 1018–BB71
that it is likely to sink or otherwise such fisheries.
become a menace or obstruction to the (c) Explosives anchorages. In addition Migratory Bird Subsistence Harvest in
anchorage or operation of other vessels to the general regulations in paragraph Alaska During the 2017 Season
is prohibited from anchoring or (b) of this section, the following AGENCY: Fish and Wildlife Service,
operating in a designated anchorage regulations apply to each explosives Interior.
described in paragraph (a) of this anchorage described paragraph (a) of
ACTION: Proposed rule.
section except as may be necessary for this section.
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harvest regulations in Alaska for the In 2007, we enacted the Alaska population assessment methods using
2017 season. These proposed Department of Fish and Game’s request all available data sets. The model
regulations would allow for the to expand the Fairbanks North Star provides a framework from which to
continuation of customary and Borough excluded area to include the make inferences about survival rates,
traditional subsistence uses of migratory Central Interior area. This action age structure, and population size. The
birds in Alaska and prescribe regional excluded the following communities results of these studies will assist in
information on when and where the from participation in this harvest: Big amending the management plans.
harvesting of birds may occur. These Delta/Fort Greely, Healy, McKinley The 2016 spring emperor goose
proposed regulations were developed Park/Village, and Ferry, with a survey was conducted April 21–24,
under a co-management process combined population of 2,812. 2016. The spring index was 79,348
involving the Service, the Alaska In 2012, we received a request from birds, which represented a 19.2 percent
Department of Fish and Game, and the Native Village of Eyak to include decrease from the previous count in
Alaska Native representatives. Cordova, Alaska, for a limited season 2015. The current 3-year (2014–2016)
The Alaska Migratory Bird Co- that would legalize the traditional average count of 85,795 is 4.8 percent
management Council (Co-management gathering of gull eggs and the hunting of above the previous 3-year (2012–2015
Council) held meetings on April 6–7, waterfowl during spring. This request [no survey in 2013]) average of 81,875.
2016, to develop recommendations for resulted in a new, limited harvest of Further, it is above the threshold for
changes that would take effect during spring waterfowl and gull eggs starting consideration of an open hunting season
the 2017 harvest season. The Co- in 2014. on emperor geese as specified in the
management Council also amended the Yukon-Kuskokwim Delta Goose
What is different in the regulations for Management Plan and the Pacific
consent agenda package of carry-over 2017?
regulations to request a limited emperor Flyway Council Management Plan for
goose harvest for 2017; these Subpart C emperor geese.
As a result of this new information,
recommended changes were presented Under subpart C, General Regulations the Co-management Council amended
first to the Pacific Flyway Council and Governing Subsistence Harvest, we are their motion of the consent agenda to
then to the Service Regulations proposing to amend § 92.22, the list of add an allowance for a limited emperor
Committee (SRC) for approval at the birds open to subsistence harvest, by goose harvest in 2016. The Pacific
SRC meeting on July 31, 2015. adding emperor goose (Chen canagica) Flyway Council met in July 2015, and
Who is eligible to hunt under these and by amending cackling goose to supported the Co-management Council’s
regulations? allow egg gathering. recommendation to work with the State
The Co-management Council of Alaska and the Service to develop
Eligibility to harvest under the proposed a new emperor goose limited harvest regulations and monitoring for a
regulations established in 2003 was subsistence hunt for the 2016 season. limited emperor goose harvest in 2016.
limited to permanent residents, Since 2012, the Co-management Council On July 31, 2015, the SRC supported the
regardless of race, in villages located has received regulatory proposals from Co-management Council’s proposed
within the Alaska Peninsula, Kodiak the Sun’aq Tribe of Kodiak, the Kodiak- limited harvest of emperor geese for the
Archipelago, the Aleutian Islands, and Aleutians Subsistence Regional 2016 Alaska spring and summer
in areas north and west of the Alaska Advisory Council, the Yaquillrit subsistence season. However, the
Range (50 CFR 92.5). These geographical Keutisti Council (Bristol Bay), and the approval was provisional based upon
restrictions opened the initial migratory Bering Strait/Norton Sound Migratory the following:
bird subsistence harvest to about 13 Bird Council (Kawerak) to open the (1) A limited harvest of 3,500 emperor
percent of Alaska residents. High- harvest of emperor geese for the geese to ensure that population growth
populated, roaded areas such as subsistence season. Since the hunting continues toward the Flyway
Anchorage, the Matanuska-Susitna and season has been closed since 1987 for management plan objective;
Fairbanks North Star boroughs, the emperor geese, the Co-management (2) A harvest allocation (e.g., an
Kenai Peninsula roaded area, the Gulf of Council created a subcommittee to individual, family, or Village quota or
Alaska roaded area, and Southeast address these proposals. The emperor permit hunt) that ensures harvest does
Alaska were excluded from eligible goose harvest was guided by the 2006 not exceed 3,500;
subsistence harvest areas. Pacific Flyway Management Plan and (3) Agreement on a monitoring
In response to petitions requesting the 2005–2006 Yukon-Kuskokwim Delta program to index abundance of the
inclusion in the harvest in 2004, we Goose Management Plan. Between 80 emperor goose population; and
added 13 additional communities and 90 percent of the emperor goose (4) A revised Pacific Flyway Emperor
consistent with the criteria set forth at population breeds on the Yukon- Goose Management Plan, including
50 CFR 92.5(c). These communities Kuskokwim Delta of Alaska, and most harvest allocation among all parties
were Gulkana, Gakona, Tazlina, Copper emperor geese winter in remote western (including spring/summer and fall/
Center, Mentasta Lake, Chitina, Alaska, with the remainder wintering in winter), population objective,
Chistochina, Tatitlek, Chenega, Port Russia. population monitoring, and thresholds
Graham, Nanwalek, Tyonek, and Two studies were conducted for season restriction or closure.
Hoonah, with a combined population of concurrently by the Service and the The harvest allocation design and
2,766. In 2005, we added three Alaska Department of Fish and Game. harvest monitoring plan were to be
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additional communities for glaucous- The first study provided a completed by November 1, 2016.
winged gull egg gathering only in comprehensive evaluation of all Additionally, there was an explicit
response to petitions requesting available emperor goose survey data and statement that the limited, legalized
inclusion. These southeastern assessed harvest potential of the harvest of 3,500 birds was not in
communities were Craig, Hydaburg, and population. The second study addition to existing subsistence harvest
Yakutat, with a combined population of developed a Bayesian state space (approximately 3,200 emperor geese).
2,459, according to the latest census population model to improve estimates The 3,500-bird allowable harvest was to
information at that time. of population size by integrating current be allocated to subsistence users during
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![Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Proposed Rules 10321
Steller’s eider conservation via the bird Endangered Species Act Consideration and least burdensome tools for
fair, meetings, radio shows, signs, Section 7 of the Endangered Species achieving regulatory ends. The
school visits, and one-on-one contacts. Act (16 U.S.C. 1536) requires the executive order directs agencies to
Limited intermittent monitoring on the Secretary of the Interior to ‘‘review other consider regulatory approaches that
North Slope, focused primarily at programs administered by him (or her) reduce burdens and maintain flexibility
Barrow, found no evidence that listed and utilize such programs in and freedom of choice for the public
eiders were shot in 2009 through 2012; furtherance of the purposes of the Act’’ where these approaches are relevant,
one Steller’s eider and one spectacled and to ‘‘insure that any action feasible, and consistent with regulatory
eider were found shot during the authorized, funded, or carried out * * * objectives. E.O. 13563 emphasizes
summer of 2013; one Steller’s eider was is not likely to jeopardize the continued further that regulations must be based
found shot in 2014; and no listed eiders existence of any endangered species or on the best available science and that
were found shot in 2015 or 2016. threatened species or result in the the rulemaking process must allow for
Elsewhere in Alaska, one spectacled destruction or adverse modification of public participation and an open
eider that appeared to have been shot [critical] habitat . . . .’’ Prior to issuance exchange of ideas. We have developed
was found dead on the Yukon- of annual spring and summer this rule in a manner consistent with
Kuskokwim Delta in 2015. The Service subsistence regulations, we would these requirements.
acknowledges progress made with the consult under section 7 of the Regulatory Flexibility Act
other eider conservation measures, Endangered Species Act of 1973, as
The Department of the Interior
including partnering with the North amended (Act; 16 U.S.C. 1531 et seq.), certifies that, if adopted, this proposed
Slope Migratory Bird Task Force, for to ensure that the 2017 subsistence rule would not have a significant
increased waterfowl-hunter awareness, harvest is not likely to jeopardize the economic impact on a substantial
continued enforcement of the continued existence of any species number of small entities as defined
regulations, and in-season verification designated as endangered or threatened, under the Regulatory Flexibility Act (5
of the harvest. To reduce the threat of or modify or destroy its critical habitat, U.S.C. 601 et seq.). A regulatory
shooting mortality of threatened eiders, and that the regulations are consistent flexibility analysis is not required.
we continue to work with North Slope with conservation programs for those Accordingly, a Small Entity Compliance
partners to conduct education and species. Consultation under section 7 of Guide is not required. This proposed
outreach. In addition, the emergency- the Act for the annual subsistence take rule would legalize a pre-existing
closure authority provides another level regulations may cause us to change subsistence activity, and the resources
of assurance if an unexpected number of these regulations. Our biological harvested will be consumed.
Steller’s eiders are killed by shooting opinion resulting from the section 7
(50 CFR 92.21 and 50 CFR 92.32). consultation is a public document Small Business Regulatory Enforcement
available from the person listed under Fairness Act
In-season harvest-monitoring
FOR FURTHER INFORMATION CONTACT. This rule is not a major rule under 5
information will be used to evaluate the
efficacy of regulations, conservation Statutory Authority U.S.C. 804(2), the Small Business
measures, and outreach efforts. Regulatory Enforcement Fairness Act.
We derive our authority to issue these This rule:
Conservation measures are being regulations from the Migratory Bird
continued by the Service, with the (a) Would not have an annual effect
Treaty Act of 1918, at 16 U.S.C. 712(1), on the economy of $100 million or
amount of effort and emphasis being which authorizes the Secretary of the
based on regulatory adherence. more. It would legalize and regulate a
Interior, in accordance with the treaties traditional subsistence activity. It would
The longstanding general emergency- with Canada, Mexico, Japan, and Russia, not result in a substantial increase in
closure provision at 50 CFR 92.21 to ‘‘issue such regulations as may be subsistence harvest or a significant
specifies that the harvest may be closed necessary to assure that the taking of change in harvesting patterns. The
or temporarily suspended upon finding migratory birds and the collection of commodities that would be regulated
that a continuation of the regulation their eggs, by the indigenous inhabitants under this proposed rule are migratory
allowing the harvest would pose an of the State of Alaska, shall be permitted birds. This rule deals with legalizing the
imminent threat to the conservation of for their own nutritional and other subsistence harvest of migratory birds
any migratory bird population. With essential needs, as determined by the and, as such, does not involve
regard to Steller’s eiders, the proposed Secretary of the Interior, during seasons commodities traded in the marketplace.
regulations at 50 CFR 92.32, carried over established so as to provide for the A small economic benefit from this
from the past 6 years, clarify that we preservation and maintenance of stocks proposed rule would derive from the
will take action under 50 CFR 92.21 as of migratory birds.’’ sale of equipment and ammunition to
is necessary to prevent further take of Required Determinations carry out subsistence hunting. Most, if
Steller’s eiders, and that action could not all, businesses that sell hunting
include temporary or long-term closures Regulatory Planning and Review equipment in rural Alaska qualify as
of the harvest in all or a portion of the (Executive Orders 12866 and 13563) small businesses. We have no reason to
geographic area open to harvest. When Executive Order 12866 provides that believe that this proposed rule would
and if mortality of threatened eiders is the Office of Information and Regulatory lead to a disproportionate distribution
documented, we will evaluate each Affairs (OIRA) will review all significant of benefits.
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mortality event by criteria such as rules. OIRA has determined that this (b) Would not cause a major increase
cause, quantity, sex, age, location, and proposed rule is not significant. in costs or prices for consumers;
date. We will consult with the Co- Executive Order 13563 reaffirms the individual industries; Federal, State, or
management Council when we are principles of E.O. 12866 while calling local government agencies; or
considering an emergency closure. If we for improvements in the nation’s geographic regions. This proposed rule
determine that an emergency closure is regulatory system to promote does not deal with traded commodities
necessary, we will design it to minimize predictability, to reduce uncertainty, and, therefore, would not have an
its impact on the subsistence harvest. and to use the best, most innovative, impact on prices for consumers.
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![10324 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Proposed Rules
part thereof, taken in violation of permit, which is available from the changes implemented could range from
subparts C and D of this part. Cordova offices of the Native Village of a temporary closure of duck hunting in
(ii) Upon request from a Service law Eyak and the U. S. Forest Service. a small geographic area to large-scale
enforcement officer, hunters taking, (3) Kachemak Bay Area (Harvest area: regional or Statewide long-term closures
attempting to take, or transporting Game Management Unit 15[C] South of of all subsistence migratory bird
migratory birds taken during the a line connecting the tip of Homer Spit hunting. These closures or temporary
subsistence harvest season must present to the mouth of Fox River) (Eligible suspensions will remain in effect until
them to the officer for species Chugach Communities: Port Graham, the Regional Director, in consultation
identification. Nanwalek): with the Co-management Council,
(h) Interior Region. (1) Season: April (i) Season: April 2–May 31 and July determines that the potential for
2–June 14 and July 16–August 31; egg 1–August 31. additional Steller’s eiders to be taken no
gathering May 1–June 14 only. (ii) Closure: June 1–30. longer exists.
(2) Closure: June 15–July 15. (k) Cook Inlet (Harvest area: Portions Dated: February 1, 2017.
(i) Upper Copper River Region of Game Management Unit 16[B] as
Maureen D. Foster,
(Harvest Area: Game Management Units specified below) (Eligible communities:
11 and 13) (Eligible communities: Tyonek only): Acting Assistant Secretary for Fish and
Wildlife and Parks.
Gulkana, Chitina, Tazlina, Copper (1) Season: April 2–May 31—That
Center, Gakona, Mentasta Lake, [FR Doc. 2017–02688 Filed 2–9–17; 8:45 am]
portion of Game Management Unit 16(B)
Chistochina and Cantwell). south of the Skwentna River and west BILLING CODE 4333–15–P
(1) Season: April 15–May 26 and June of the Yentna River, and August 1–31—
27–August 31. That portion of Game Management Unit
(2) Closure: May 27–June 26. 16(B) south of the Beluga River, Beluga DEPARTMENT OF COMMERCE
(3) The Copper River Basin Lake, and the Triumvirate Glacier.
communities listed above also National Oceanic and Atmospheric
(2) Closure: June 1–July 31. Administration
documented traditional use harvesting (l) Southeast Alaska. (1) Community
birds in Game Management Unit 12, of Hoonah (Harvest area: National Forest
making them eligible to hunt in this unit 50 CFR Part 622
lands in Icy Strait and Cross Sound,
using the seasons specified in paragraph including Middle Pass Rock near the [Docket No. 160810719–7041–01]
(h) of this section. Inian Islands, Table Rock in Cross RIN 0648–BG29
(j) Gulf of Alaska Region. (1) Prince Sound, and other traditional locations
William Sound Area West (Harvest area: on the coast of Yakobi Island. The land Amendments to the Reef Fish, Spiny
Game Management Unit 6[D]), (Eligible and waters of Glacier Bay National Park Lobster, and Corals and Reef
Chugach communities: Chenega Bay, remain closed to all subsistence Associated Plants and Invertebrates
Tatitlek): harvesting (50 CFR part 100.3(a)): Fishery Management Plans of Puerto
(i) Season: April 2–May 31 and July (i) Season: Glaucous-winged gull egg Rico and the U.S. Virgin Islands
1–August 31. gathering only: May 15–June 30.
(ii) Closure: June 1–30. (ii) Closure: July 1–August 31. AGENCY: National Marine Fisheries
(2) Prince William Sound Area East (2) Communities of Craig and Service (NMFS), National Oceanic and
(Harvest area: Game Management Units Hydaburg (Harvest area: small islands Atmospheric Administration (NOAA),
6[B]and [C]—Barrier Islands between and adjacent shoreline of western Prince Commerce.
Strawberry Channel and Softtuk Bar), of Wales Island from Point Baker to ACTION: Proposed rule; request for
(Eligible Chugach communities: Cape Chacon, but also including comments.
Cordova, Tatitlek, and Chenega Bay): Coronation and Warren islands):
(i) Season: April 2–April 30 (hunting); SUMMARY: NMFS proposes to implement
(i) Season: Glaucous-winged gull egg
May 1–May 31 (gull egg gathering). measures described in Amendment 8 to
gathering only: May 15–June 30.
(ii) Closure: May 1–August 31 (ii) Closure: July 1–August 31. the Fishery Management Plan (FMP) for
(hunting); April 2–30 and June 1– (3) Community of Yakutat (Harvest the Reef Fish Fishery of Puerto Rico and
August 31 (gull egg gathering). area: Icy Bay (Icy Cape to Point Riou), the U.S. Virgin Islands (USVI) (Reef Fish
(iii) Species Open for Hunting: and coastal lands and islands bordering FMP), Amendment 7 to the FMP for the
Greater white-fronted goose; snow the Gulf of Alaska from Point Manby Spiny Lobster Fishery of Puerto Rico
goose; gadwall; Eurasian and American southeast to and including Dry Bay): and the USVI (Spiny Lobster FMP), and
wigeon; blue-winged and green-winged (i) Season: Glaucous-winged gull egg Amendment 6 to the FMP for Corals and
teal; mallard; northern shoveler; gathering: May 15–June 30. Reef Associated Plants and Invertebrates
northern pintail; canvasback; redhead; (ii) Closure: July 1–August 31. of Puerto Rico and the USVI (Coral
ring-necked duck; greater and lesser ■ 4. Amend subpart D by adding § 92.32 FMP), as prepared and submitted by the
scaup; king and common eider; to read as follows: Caribbean Fishery Management Council
harlequin duck; surf, white-winged, and (Council). This proposed rule refers to
black scoter; long-tailed duck; § 92.32 Emergency regulations to protect these amendments, in combination, as
bufflehead; common and Barrow’s Steller’s eiders. the Accountability Measure (AM)
goldeneye; hooded, common, and red- Upon finding that continuation of Timing Amendment. This proposed rule
breasted merganser; and sandhill crane. these subsistence regulations would to implement the AM Timing
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Species open for egg gathering: pose an imminent threat to the Amendment would modify the date for
glaucous-winged, herring, and mew conservation of threatened Steller’s the implementation of AM-based
gulls. eiders (Polysticta stelleri), the U.S. Fish closures for all species and species
(iv) Use of Boats/All-Terrain Vehicles: and Wildlife Service Alaska Regional groups managed by the Council under
No hunting from motorized vehicles or Director, in consultation with the Co- the subject FMPs. The purpose of the
any form of watercraft. management Council, will immediately AM Timing Amendment and this
(v) Special Registration: All hunters or under § 92.21 take action as is necessary proposed rule is to minimize, to the
egg gatherers must possess an annual to prevent further take. Regulation extent practicable, the adverse socio-
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Document Created: 2017-02-11 18:15:18
Document Modified: 2017-02-11 18:15:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | We will accept comments received or postmarked on or before March 13, 2017. We must receive requests for public hearings, in | |
| Contact | Donna Dewhurst, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 786-3499. | |
| FR Citation | 82 FR 10316 | |
| RIN Number | 1018-BB71 | |
| CFR Associated | Hunting; Treaties and Wildlife |
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