83 FR 13684 - Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2018 Season
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 62 (March 30, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 62 (March 30, 2018)
| Page Range | 13684-13690 | |
| FR Document | 2018-06435 |
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)] [Rules and Regulations] [Pages 13684-13690] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06435] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 92 [Docket No. FWS-R7-MB-2017-0087; FXMB12610700000-189-FF07M01000] RIN 1018-BC70 Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2018 Season AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2018 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes region-specific regulations that go into effect on April 2, 2018. DATES: The amendments to subpart C of 50 CFR part 92 are effective April 2, 2018. The amendments to subpart D of 50 CFR part 92 are effective April 2, 2018, through August 31, 2018. FOR FURTHER INFORMATION CONTACT: Donna Dewhurst, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 786-3499. SUPPLEMENTARY INFORMATION: Why is this rulemaking necessary? This rulemaking is necessary because, by law, the migratory bird harvest season is closed unless opened by the Secretary of the Interior, and the regulations governing subsistence harvest of migratory birds in Alaska are subject to public review and annual approval. This rule establishes regulations for the taking of migratory birds for subsistence uses in Alaska during the spring and summer of 2018. This rule also sets forth a list of migratory bird season openings and closures in Alaska by region. How do I find the history of these regulations? Background information, including past events leading to this rulemaking, accomplishments since the Migratory Bird Treaties with Canada and Mexico were amended, and a history, were originally addressed in the Federal Register on August 16, 2002 (67 FR 53511) and most recently on April 4, 2017 (82 FR 16298). Recent Federal Register documents and all final rules setting forth the annual harvest regulations are available at http://www.fws.gov/alaska/ambcc/regulations.htm or by contacting the person listed under FOR FURTHER INFORMATION CONTACT. What is the process for issuing regulations for the subsistence harvest of migratory birds in Alaska? The U.S. Fish and Wildlife Service is establishing migratory bird subsistence-harvest regulations in Alaska for the 2018 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The Alaska Migratory Bird Co-management Council (Co-management Council) held meetings on April 5-6, 2017, to develop recommendations for changes that would take effect during the 2018 harvest season. The Co-management Council recommended no changes for the 2018 regulations. On February 1, 2018, we published in the Federal Register a proposed rule (83 FR 4623) to amend 50 CFR part 92 to propose regulations for the 2018 spring and summer subsistence harvest of migratory birds in Alaska at subpart D, and to amend subpart C. We accepted public comments on the proposed rule for 30 days, ending March 5, 2018. A summary of the comments we received, and our responses to them, is provided below, under Summary of Comments and Responses. This Final Rule This final rule contains no changes from the proposed regulation amendments published on February 1, 2018 (83 FR 4623). Who is eligible to hunt under these regulations? Eligibility to harvest under the regulations established in 2003 was limited to permanent residents, regardless of race, in villages located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian Islands, and in areas north and west of the Alaska Range (50 CFR 92.5). These geographical restrictions opened the initial migratory bird subsistence harvest to about 13 percent of Alaska residents. High- populated, roaded areas such as Anchorage, the Matanuska-Susitna and Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the Gulf of Alaska roaded area, and Southeast Alaska were excluded from eligible subsistence harvest areas. In response to petitions requesting inclusion in the harvest in 2004, we added 13 additional communities consistent with the criteria set forth at 50 CFR 92.5(c). These communities were Gulkana, Gakona, Tazlina, Copper Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port Graham, Nanwalek, Tyonek, and Hoonah, with a combined population of 2,766. In 2005, we added three [[Page 13685]] additional communities for glaucous-winged gull egg gathering only in response to petitions requesting inclusion. These southeastern communities were Craig, Hydaburg, and Yakutat, with a combined population of 2,459, according to the latest census information at that time. In 2007, we enacted the Alaska Department of Fish and Game's request to expand the Fairbanks North Star Borough excluded area to include the Central Interior area. This action excluded the following communities from participation in this harvest: Big Delta/Fort Greely, Healy, McKinley Park/Village, and Ferry, with a combined population of 2,812. In 2012, we received a request from the Native Village of Eyak to include Cordova, Alaska, for a limited season that would legalize the traditional gathering of gull eggs and the hunting of waterfowl during spring. This request resulted in a new, limited harvest of spring waterfowl and gull eggs starting in 2014. Amendments to Subpart C Under subpart C, General Regulations Governing Subsistence Harvest, we are amending Sec. 92.22, the list of birds open to subsistence harvest, by adding emperor goose (Chen canagica) and by amending cackling goose to allow egg gathering. These changes were originally made in the 2017 regulations (82 FR 16298; April 4, 2017), but were mistakenly set to expire August 31, 2017. We intended these changes to subpart C to be permanent as emperor goose hunting would be based on the total bird index; therefore, we are setting them forth again in this rule to make them permanent. The Service, Alaska Department and Fish and Game, and the Native Caucus agreed to an emperor goose management plan designed to allow a sustainable subsistence harvest concurrent with population protection. If the emperor goose population falls below the level for which subsistence harvest is allowed, the emperor goose subsistence harvest season will be closed and the species removed from the list of permanent species allowed for harvest. How would the Service ensure that the subsistence migratory bird harvest complies with the Migratory Bird Treaty Act, and would not threaten the conservation of endangered and threatened species? We have monitored subsistence harvest for the past 25 years through the use of household surveys in the most heavily used subsistence harvest areas, such as the Yukon-Kuskokwim Delta. In recent years, more intensive surveys combined with outreach efforts focused on species identification have been added to improve the accuracy of information gathered from regions still reporting some subsistence harvest of listed or candidate species. Based on our monitoring of the migratory bird species and populations taken for subsistence, we find that this rule will provide for the preservation and maintenance of migratory bird stocks as required by the Migratory Bird Treaty Act (Act; 16 U.S.C. 703 et seq.). The Act's 16 U.S.C. 712(1) provision states that the Service, ``is authorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.'' Communication and coordination between the Service, the Co-management Council, and the Pacific Flyway Council have allowed us to set harvest regulations to ensure the long-term viability of the migratory bird stocks. In addition, Alaska migratory bird subsistence harvest rates have continued to decline since the inception of the subsistence- harvest program, reducing concerns about the program's consistency with the preservation and maintenance of stocks of migratory birds. As for the ensuring the conservation of Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.) listed species, spectacled eiders (Somateria fischeri) and the Alaska-breeding population of Steller's eiders (Polysticta stelleri) are listed as threatened species. Their migration and breeding distribution overlap with areas where the spring and summer subsistence migratory bird hunt is open in Alaska. Both species are closed to hunting, although harvest surveys and Service documentation indicate both species are taken in several regions of Alaska. We have determined that this rule complies with the ESA (see Endangered Species Act Consideration discussion, below). The Service has dual objectives and responsibilities for authorizing a subsistence harvest while protecting migratory birds and threatened species. Although these objectives continue to be challenging, they are not irreconcilable, provided that: (1) Regulations continue to protect threatened species, (2) measures to address documented threats are implemented, and (3) the subsistence community and other conservation partners commit to working together. With these dual objectives in mind, the Service, working with North Slope partners, developed measures in 2009 to further reduce the potential for shooting mortality or injury of closed species. These conservation measures included: (1) Increased waterfowl hunter outreach and community awareness through partnering with the North Slope Migratory Bird Task Force; and (2) continued enforcement of the migratory bird regulations that are protective of listed eiders. This rule continues to focus on the North Slope from Utqiagvik (formerly known as Barrow) to Point Hope because Steller's eiders from the listed Alaska breeding population are known to breed and migrate there, and harvest survey data and direct observations indicate take during subsistence harvest has occurred there. These regulations are designed to address several ongoing eider-management needs by clarifying for subsistence users that (1) Service law enforcement personnel have authority to verify species of birds possessed by hunters, and (2) it is illegal to possess any species of bird closed to harvest. This rule also describes how the Service's existing authority of emergency closure will be implemented, if necessary, to protect Steller's eiders. We are always willing to discuss regulations with our partners on the North Slope to ensure protection of closed species while providing subsistence hunters an opportunity to maintain the culture and traditional migratory bird harvest of the community. These regulations pertaining to bag checks and possession of illegal birds are deemed necessary to monitor take of closed eider species during the subsistence hunt. In collaboration with North Slope partners, a number of conservation efforts have been implemented to raise awareness and educate hunters in and around Utqiagvik on Steller's eider conservation via the local bird outreach festival, meetings, radio shows, signs, school visits, and one-on-one contacts. Limited intermittent monitoring on the North Slope, focused primarily at Utqiagvik, found no evidence that listed eiders were shot in 2009 through 2012; one Steller's eider and one spectacled eider were found shot during the summer of 2013; one Steller's eider was found shot in 2014; and no listed eiders were found shot in 2015 through 2017. Elsewhere in Alaska, one spectacled eider that appeared to have been shot was found dead on the Yukon-Kuskokwim Delta in 2015. The Service acknowledges progress made with the [[Page 13686]] other eider conservation measures, including partnering with the North Slope Migratory Bird Task Force, for increased waterfowl-hunter awareness, continued enforcement of the regulations, and in-season verification of the harvest. To reduce the threat of shooting mortality of threatened eiders, we continue to work with North Slope partners to conduct education and outreach. In addition, the emergency-closure authority provides another level of assurance if an unexpected number of Steller's eiders are killed by shooting (50 CFR 92.21 and 50 CFR 92.32). The longstanding general emergency-closure provision at 50 CFR 92.21 specifies that the harvest may be closed or temporarily suspended upon finding that a continuation of the regulation allowing the harvest would pose an imminent threat to the conservation of any migratory bird population. With regard to Steller's eiders, the regulations at 50 CFR 92.32, carried over from the past 7 years, clarify that we would take action under 50 CFR 92.21 as is necessary to prevent further take of Steller's eiders, and that action could include temporary or long-term closures of the harvest in all or a portion of the geographic area open to harvest. When and if mortality of threatened eiders is documented, we would evaluate each mortality event by criteria such as cause, quantity, sex, age, location, and date. We would consult with the Co- management Council when we are considering an emergency closure. If we determine that an emergency closure is necessary, we would design it to minimize its impact on the subsistence harvest. Endangered Species Act Consideration Section 7 of the Endangered Species Act (16 U.S.C. 1536) requires the Secretary of the Interior to ``review other programs administered by him and utilize such programs in furtherance of the purposes of the Act'' and to ``insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat. * * *'' We conducted an intra-agency consultation with the Service's Fairbanks Fish and Wildlife Field Office on this harvest as it will be managed in accordance with this final rule and the conservation measures. The consultation was completed with a biological opinion dated March 2, 2018, that concluded the final rule and conservation measures are not likely to jeopardize the continued existence of Steller's and spectacled eiders or result in the destruction or adverse modification of designated critical habitat. Summary of Comments and Responses On February 1, 2018, we published in the Federal Register a proposed rule (83 FR 4623) to amend 50 CFR part 92 to establish regulations in Alaska for the 2018 subsistence season. We accepted public comments on the proposed rule for 30 days, ending March 5, 2018. We posted an announcement of the comment-period dates for the proposed rule, as well as the rule itself and related historical documents, on the Co-management Council's internet homepage. By facsimile (fax), we issued a press bulletin, announcing our request for public comments and the pertinent deadlines for such comments, to the media Statewide in Alaska. Additionally, we made all relevant documents available on http://www.regulations.gov. In response to the proposed rule, the Service received eight comments, but five of these did not address topics specific to our proposed rule. The three on-topic comments we received are below by topic. The comments are addressed below by topic. Comment (1): We received one general comment that expressed opposition to the concept of allowing subsistence hunting of migratory birds in Alaska on the grounds that it sanctions the murdering of birds for food. Service Response: For centuries, indigenous inhabitants of Alaska have harvested migratory birds for subsistence purposes during the spring and summer months. The Canada and Mexico migratory bird treaties were amended for the express purpose of allowing subsistence hunting for migratory birds during the spring and summer. The amendments indicate that the Service should issue regulations allowing such hunting as provided in the Migratory Bird Treaty Act; see 16 U.S.C. 712(1). See also Statutory Authority, below, for more details. Comment (2): We received one general comment on the need for agencies to develop regulations in a manner consistent with the principles of Executive Order (E.O.) 13563. Service Response: This rule complies with both E.O. 13563 and E.O. 12866. Details of our compliance are discussed under Regulatory Planning and Review (Executive Orders 12866 and 13563), below. Comment (3): We received one comment opposing the addition of emperor geese, which the commenter refers to as a near threatened species, to subsistence hunting. The commenter also expressed concern over the lack of bag limits for hunting emperor geese, as the species is vulnerable to overharvest due to aspects of its natural history. Service Response: Emperor geese were opened to subsistence harvest starting in April 2017; however, the new regulations were mistakenly set to expire August 31, 2017 (see 82 FR 16298; April 4, 2017). In this rule, we are publishing the same changes we made to the list of birds open for harvest in April 2017 to make them permanent, including the addition of emperor goose to the list. In the April 4, 2017 final rule, we provided justification for opening emperor geese to subsistence harvest, and to make this change permanent based on the total bird index. In summary, in September 2016, a Co-management Council emperor goose management plan was signed as a companion document to the 2016 revision of the Pacific Flyway management plan for the emperor goose. The Co-management Council's plan for the emperor goose establishes a population objective of 34,000 bird consistent with the population abundance achieved in 2016 (34,109) after about 30 years of hunting season closures. This equates to a total range-wide population size of about 177,000 geese based on current model estimates. The Co-management Council's plan allows for a customary and traditional subsistence harvest (i.e., no bag limits) when the Yukon-Kuskokwim Delta Coastal Zone Survey index equals or exceeds 28,000 geese, which equates to a total range-wide population size of about 145,000 geese. Should the population index decline below 28,000 geese, harvest restrictions will be considered to reduce the probability for a subsequent closed season. The harvest season will be closed if the population index declines below 23,000 emperor geese, which equates to a total range-wide population size of about 120,000 geese. The population index thresholds for hunting season restrictions (28,000) and closure (23,000) represent 82 percent and 68 percent of the population objective (34,000), respectively. The Alaska Native Caucus opposed bag limits during the spring-summer subsistence season. The Service, together with the Alaska Department of Fish and Game and the Co-management Council's Native Caucus, agreed to a harvest strategy that incorporated customary and traditional subsistence practices (i.e., no bag limits) but ensured the protection of the emperor goose population. The 2016 emperor goose population index was [[Page 13687]] 34,109 (95% Confidence Interval = 29,229 - 38,989). The 2017 emperor goose population index was 30,087 (95% Confidence Interval = 26,108- 34,066). The term of this harvest strategy is 5 years with agreement of an annual review during the first three years (2017-2019) following implementation to assess all data including population survey information, harvest survey data, and other relevant information to determine the need for conservation measures. Therefore, we are not making any changes to this rule in response to this comment. Statutory Authority We derive our authority to issue these regulations from the Migratory Bird Treaty Act of 1918, at 16 U.S.C. 712(1), which authorizes the Secretary of the Interior, in accordance with the treaties with Canada, Mexico, Japan, and Russia, to ``issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.'' Effective Date of This Rule The amendments to subparts C and D of 50 CFR part 92 will take effect on April 2, 2018 (see DATES, above). If there were a delay in the effective date of these regulations after this final rulemaking, subsistence hunters would not be able to take full advantage of their subsistence hunting opportunities. We therefore find that ``good cause'' exists justifying the earlier start date, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and under authority of the Migratory Bird Treaty Act (July 3, 1918), as amended (16 U.S.C. 703 et seq.). Required Determinations Executive Order 13771--Reducing Regulation and Controlling Regulatory Costs This rule is not subject to the requirements of Executive Order 13771 (82 FR 9339, February 3, 2017) because this rule establishes annual harvest limits related to routine hunting or fishing. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act The Department of the Interior certifies that this rule will not have a significant economic impact on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A regulatory flexibility analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. This rule legalizes a pre-existing subsistence activity, and the resources harvested will be consumed. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Will not have an annual effect on the economy of $100 million or more. It legalizes and regulates a traditional subsistence activity. It will not result in a substantial increase in subsistence harvest or a significant change in harvesting patterns. The commodities that will be regulated under this rule are migratory birds. This rule deals with legalizing the subsistence harvest of migratory birds and, as such, does not involve commodities traded in the marketplace. A small economic benefit from this rule derives from the sale of equipment and ammunition to carry out subsistence hunting. Most, if not all, businesses that sell hunting equipment in rural Alaska qualify as small businesses. We have no reason to believe that this rule will lead to a disproportionate distribution of benefits. (b) Will not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. This rule does not deal with traded commodities and, therefore, will not have an impact on prices for consumers. (c) Will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This rule deals with the harvesting of wildlife for personal consumption. It will not regulate the marketplace in any way to generate substantial effects on the economy or the ability of businesses to compete. Unfunded Mandates Reform Act We have determined and certified under the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) that this rule will not impose a cost of $100 million or more in any given year on local, State, or tribal governments or private entities. The rule will not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act is not required. Participation on regional management bodies and the Co-management Council requires travel expenses for some Alaska Native organizations and local governments. In addition, they assume some expenses related to coordinating involvement of village councils in the regulatory process. Total coordination and travel expenses for all Alaska Native organizations are estimated to be less than $300,000 per year. In a notice of decision (65 FR 16405; March 28, 2000), we identified 7 to 12 partner organizations (Alaska Native nonprofits and local governments) to administer the regional programs. The Alaska Department of Fish and Game also incurs expenses for travel to Co-management Council and regional management body meetings. In addition, the State of Alaska would be required to provide technical staff support to each of the regional management bodies and to the Co-management Council. Expenses for the State's involvement may exceed $100,000 per year, but should not exceed $150,000 per year. When funding permits, we make annual grant agreements available to the partner organizations and the Alaska Department of Fish and Game to help offset their expenses. Takings (Executive Order 12630) Under the criteria in Executive Order 12630, this rule will not have significant [[Page 13688]] takings implications. This rule is not specific to particular land ownership, but applies to the harvesting of migratory bird resources throughout Alaska. A takings implication assessment is not required. Federalism (Executive Order 13132) Under the criteria in Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. We discuss effects of this rule on the State of Alaska in the Unfunded Mandates Reform Act section, above. We worked with the State of Alaska to develop these regulations. Therefore, a federalism summary impact statement is not required. Civil Justice Reform (Executive Order 12988) The Department, in promulgating this rule, has determined that it will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Government-to-Government Relations With Native American Tribal Governments Consistent with Executive Order 13175 (65 FR 67249; November 6, 2000), ``Consultation and Coordination with Indian Tribal Governments,'' and Department of Interior policy on Consultation with Indian Tribes (December 1, 2011), we sent letters via electronic mail to all 229 Alaska Federally recognized Indian tribes. Consistent with Congressional direction (Pub. L. 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also sent letters to approximately 200 Alaska Native corporations and other tribal entities in Alaska soliciting their input as to whether or not they would like the Service to consult with them on the 2018 migratory bird subsistence harvest regulations. We implemented the amended treaty with Canada with a focus on local involvement. The treaty calls for the creation of management bodies to ensure an effective and meaningful role for Alaska's indigenous inhabitants in the conservation of migratory birds. According to the Letter of Submittal, management bodies are to include Alaska Native, Federal, and State of Alaska representatives as equals. They develop recommendations for, among other things: seasons and bag limits, methods and means of take, law enforcement policies, population and harvest monitoring, education programs, research and use of traditional knowledge, and habitat protection. The management bodies involve village councils to the maximum extent possible in all aspects of management. To ensure maximum input at the village level, we required each of the 11 participating regions to create regional management bodies consisting of at least one representative from the participating villages. The regional management bodies meet twice annually to review and/or submit proposals to the Statewide body. Paperwork Reduction Act of 1995 (PRA) This rule does not contain any new collections of information that require Office of Management and Budget (OMB) approval under the PRA (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. OMB has reviewed and approved our collection of information associated with:Voluntary annual household surveys that we use to determine levels of subsistence take (OMB Control Number 1018-0124, expires October 31, 2019). Permits associated with subsistence hunting (OMB Control Number 1018-0075, expires June 30, 2019). Emperor Goose Spring Subsistence Harvest Survey (to include number of geese harvested, age, sex, and mass of birds harvested associated) (OMB Control Number 1090-0011, expires August 31, 2018). National Environmental Policy Act Consideration (42 U.S.C. 4321 et seq.) The annual regulations and options are considered in an October 2017 environmental assessment, ``Managing Migratory Bird Subsistence Hunting in Alaska: Hunting Regulations for the 2018 Spring/Summer Harvest.'' Copies are available from the person listed under FOR FURTHER INFORMATION CONTACT or at http://www.regulations.gov. Energy Supply, Distribution, or Use (Executive Order 13211) Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This is not a significant regulatory action under this Executive Order; it allows only for traditional subsistence harvest and improves conservation of migratory birds by allowing effective regulation of this harvest. Further, this rule is not expected to significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action under Executive Order 13211, and a Statement of Energy Effects is not required. List of Subjects in 50 CFR Part 92 Hunting, Treaties, Wildlife. Regulation Promulgation For the reasons set out in the preamble, we amend title 50, chapter I, subchapter G, of the Code of Federal Regulations as follows: PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA 0 1. The authority citation for part 92 continues to read as follows: Authority: 16 U.S.C. 703-712. Subpart C--General Regulations Governing Subsistence Harvest 0 2. Amend Sec. 92.22 by: 0 a. Redesignating paragraph (a)(3) as paragraph (a)(4); 0 b. Adding a new paragraph (a)(3); and 0 c. Revising paragraph (a)(6). The addition and revision read as follows: Sec. 92.22 Subsistence migratory bird species. * * * * * (a) * * * (3) Emperor goose (Chen canagica). * * * * * (6) Canada goose, subspecies cackling goose. * * * * * Subpart D--Annual Regulations Governing Subsistence Harvest 0 3. Amend subpart D by adding Sec. 92.31 to read as follows: Sec. 92.31 Region-specific regulations. The 2018 season dates for the eligible subsistence-harvest areas are as follows: (a) Aleutian/Pribilof Islands Region. (1) Northern Unit (Pribilof Islands): (i) Season: April 2-June 30. (ii) Closure: July 1-August 31. (2) Central Unit (Aleutian Region's eastern boundary on the Alaska Peninsula westward to and including Unalaska Island): (i) Season: April 2-June 15 and July 16-August 31. (ii) Closure: June 16-July 15. (iii) Special Black Brant Season Closure: August 16-August 31, only in Izembek and Moffet lagoons. (iv) Special Tundra Swan Closure: All hunting and egg gathering closed in Game Management Units 9(D) and 10. [[Page 13689]] (3) Western Unit (Umnak Island west to and including Attu Island): (i) Season: April 2-July 15 and August 16-August 31. (ii) Closure: July 16-August 15. (b) Yukon/Kuskokwim Delta Region. (1) Season: April 2-August 31. (2) Closure: 30-day closure dates to be announced by the Service's Alaska Regional Director or his designee, after consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee. This 30-day period will occur between June 1 and August 15 of each year. A press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television stations. (3) Special Black Brant and Cackling Canada Goose Season Hunting Closure: From the period when egg laying begins until young birds are fledged. Closure dates to be announced by the Service's Alaska Regional Director or his designee, after consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee. A press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television stations. (c) Bristol Bay Region. (1) Season: April 2-June 14 and July 16-August 31 (general season); April 2-July 15 for seabird egg gathering only. (2) Closure: June 15-July 15 (general season); July 16-August 31 (seabird egg gathering). (d) Bering Strait/Norton Sound Region. (1) Stebbins/St. Michael Area (Point Romanof to Canal Point): (i) Season: April 15-June 14 and July 16-August 31. (ii) Closure: June 15-July 15. (2) Remainder of the region: (i) Season: April 2-June 14 and July 16-August 31 for waterfowl; April 2-July 19 and August 21-August 31 for all other birds. (ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for all other birds. (e) Kodiak Archipelago Region, except for the Kodiak Island roaded area, which is closed to the harvesting of migratory birds and their eggs. The closed area consists of all lands and waters (including exposed tidelands) east of a line extending from Crag Point in the north to the west end of Saltery Cove in the south and all lands and water south of a line extending from Termination Point along the north side of Cascade Lake extending to Anton Larsen Bay. Marine waters adjacent to the closed area are closed to harvest within 500 feet from the water's edge. The offshore islands are open to harvest. (1) Season: April 2-June 30 and July 31-August 31 for seabirds; April 2-June 20 and July 22-August 31 for all other birds. (2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all other birds. (f) Northwest Arctic Region. (1) Season: April 2-June 14 and July 16-August 31 (hunting in general); waterfowl egg gathering April 2-June 14 only; seabird egg gathering May 20-July 12 only; hunting molting/non-nesting waterfowl July 1-July 15 only. (2) Closure: June 15-July 15, except for the taking of seabird eggs and molting/non-nesting waterfowl as provided in paragraph (f)(1) of this section. (g) North Slope Region. (1) Southern Unit (Southwestern North Slope regional boundary east to Peard Bay, everything west of the longitude line 158[deg]30' W and south of the latitude line 70[deg]45' N to the west bank of the Ikpikpuk River, and everything south of the latitude line 69[deg]45' N between the west bank of the Ikpikpuk River to the east bank of Sagavinirktok River): (i) Season: April 2-June 29 and July 30-August 31 for seabirds; April 2-June 19 and July 20-August 31 for all other birds. (ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all other birds. (iii) Special Black Brant Hunting Opening: From June 20-July 5. The open area consists of the coastline, from mean high water line outward to include open water, from Nokotlek Point east to longitude line 158[deg]30' W. This includes Peard Bay, Kugrua Bay, and Wainwright Inlet, but not the Kuk and Kugrua river drainages. (2) Northern Unit (At Peard Bay, everything east of the longitude line 158[deg]30' W and north of the latitude line 70[deg]45' N to west bank of the Ikpikpuk River, and everything north of the latitude line 69[deg]45' N between the west bank of the Ikpikpuk River to the east bank of Sagavinirktok River): (i) Season: April 2-June 6 and July 7-August 31 for king and common eiders; April 2-June 15 and July 16-August 31 for all other birds. (ii) Closure: June 7-July 6 for king and common eiders; June 16- July 15 for all other birds. (3) Eastern Unit (East of eastern bank of the Sagavanirktok River): (i) Season: April 2-June 19 and July 20-August 31. (ii) Closure: June 20-July 19. (4) All Units: yellow-billed loons. Annually, up to 20 yellow- billed loons total for the region inadvertently entangled in subsistence fishing nets in the North Slope Region may be kept for subsistence use. (5) North Coastal Zone (Cape Thompson north to Point Hope and east along the Arctic Ocean coastline around Point Barrow to Ross Point, including Iko Bay, and 5 miles inland). (i) No person may at any time, by any means, or in any manner, possess or have in custody any migratory bird or part thereof, taken in violation of subparts C and D of this part. (ii) Upon request from a Service law enforcement officer, hunters taking, attempting to take, or transporting migratory birds taken during the subsistence harvest season must present them to the officer for species identification. (h) Interior Region. (1) Season: April 2-June 14 and July 16-August 31; egg gathering May 1-June 14 only. (2) Closure: June 15-July 15. (i) Upper Copper River Region (Harvest Area: Game Management Units 11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina and Cantwell). (1) Season: April 15-May 26 and June 27-August 31. (2) Closure: May 27-June 26. (3) The Copper River Basin communities listed above also documented traditional use harvesting birds in Game Management Unit 12, making them eligible to hunt in this unit using the seasons specified in paragraph (h) of this section. (j) Gulf of Alaska Region. (1) Prince William Sound Area West (Harvest area: Game Management Unit 6[D]), (Eligible Chugach communities: Chenega Bay, Tatitlek): (i) Season: April 2-May 31 and July 1-August 31. (ii) Closure: June 1-30. (2) Prince William Sound Area East (Harvest area: Game Management Units 6[B]and [C]--Barrier Islands between Strawberry Channel and Softtuk Bar), (Eligible Chugach communities: Cordova, Tatitlek, and Chenega Bay): (i) Season: April 2-April 30 (hunting); May 1-May 31 (gull egg gathering). (ii) Closure: May 1-August 31 (hunting); April 2-30 and June 1- August 31 (gull egg gathering). (iii) Species Open for Hunting: Greater white-fronted goose; snow goose; gadwall; Eurasian and American wigeon; blue-winged and green- winged teal; mallard; northern shoveler; northern pintail; canvasback; redhead; ring-necked duck; greater and lesser scaup; king and common eider; [[Page 13690]] harlequin duck; surf, white-winged, and black scoter; long-tailed duck; bufflehead; common and Barrow's goldeneye; hooded, common, and red- breasted merganser; and sandhill crane. Species open for egg gathering: Glaucous-winged, herring, and mew gulls. (iv) Use of Boats/All-Terrain Vehicles: No hunting from motorized vehicles or any form of watercraft. (v) Special Registration: All hunters or egg gatherers must possess an annual permit, which is available from the Cordova offices of the Native Village of Eyak and the U. S. Forest Service. (3) Kachemak Bay Area (Harvest area: Game Management Unit 15[C] South of a line connecting the tip of Homer Spit to the mouth of Fox River) (Eligible Chugach Communities: Port Graham, Nanwalek): (i) Season: April 2-May 31 and July 1-August 31. (ii) Closure: June 1-30. (k) Cook Inlet (Harvest area: Portions of Game Management Unit 16[B] as specified below) (Eligible communities: Tyonek only): (1) Season: April 2-May 31--That portion of Game Management Unit 16(B) south of the Skwentna River and west of the Yentna River, and August 1-31--That portion of Game Management Unit 16(B) south of the Beluga River, Beluga Lake, and the Triumvirate Glacier. (2) Closure: June 1-July 31. (l) Southeast Alaska. (1) Community of Hoonah (Harvest area: National Forest lands in Icy Strait and Cross Sound, including Middle Pass Rock near the Inian Islands, Table Rock in Cross Sound, and other traditional locations on the coast of Yakobi Island. The land and waters of Glacier Bay National Park remain closed to all subsistence harvesting (50 CFR part 100.3(a)): (i) Season: Glaucous-winged gull egg gathering only: May 15-June 30. (ii) Closure: July 1-August 31. (2) Communities of Craig and Hydaburg (Harvest area: Small islands and adjacent shoreline of western Prince of Wales Island from Point Baker to Cape Chacon, but also including Coronation and Warren islands): (i) Season: Glaucous-winged gull egg gathering only: May 15-June 30. (ii) Closure: July 1-August 31. (3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point Riou), and coastal lands and islands bordering the Gulf of Alaska from Point Manby southeast to and including Dry Bay): (i) Season: Glaucous-winged gull egg gathering: May 15-June 30. (ii) Closure: July 1-August 31. 0 4. Amend subpart D by adding Sec. 92.32 to read as follows: Sec. 92.32 Emergency regulations to protect Steller's eiders. Upon finding that continuation of these subsistence regulations would pose an imminent threat to the conservation of threatened Steller's eiders (Polysticta stelleri), the U.S. Fish and Wildlife Service Alaska Regional Director, in consultation with the Co- management Council, will immediately under Sec. 92.21 take action as is necessary to prevent further take. Regulation changes implemented could range from a temporary closure of duck hunting in a small geographic area to large-scale regional or statewide long-term closures of all subsistence migratory bird hunting. These closures or temporary suspensions will remain in effect until the Regional Director, in consultation with the Co-management Council, determines that the potential for additional Steller's eiders to be taken no longer exists. Dated: March 23, 2018. Jason Larrabee, Principal Deputy Assistant Secretary, Fish and Wildlife and Parks, Exercising the Authority of the Assistant Secretary, Fish and Wildlife and Parks. [FR Doc. 2018-06435 Filed 3-29-18; 8:45 am] BILLING CODE 4333-15-P
![13684 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
operator or operators responsible for the birds in Alaska and prescribe regional the continuation of customary and
proper operation of the station are information on when and where the traditional subsistence uses of migratory
expected to be familiar with the rules harvesting of birds may occur. These birds in Alaska and prescribe regional
governing cable television relay stations. regulations were developed under a co- information on when and where the
Copies of the Commission’s rules may management process involving the harvesting of birds may occur. These
be obtained from the Superintendent of Service, the Alaska Department of Fish regulations were developed under a co-
Documents, Government Publishing and Game, and Alaska Native management process involving the
Office, Washington, DC 20401, at representatives. The rulemaking is Service, the Alaska Department of Fish
nominal cost, or accessed online at necessary because the regulations and Game, and Alaska Native
https://www.ecfr.gov or https:// governing the subsistence harvest of representatives.
www.gpo.gov/fdsys/browse/ migratory birds in Alaska are subject to The Alaska Migratory Bird Co-
collectionCfr.action?collectionCode= annual review. This rulemaking management Council (Co-management
CFR. establishes region-specific regulations Council) held meetings on April 5–6,
that go into effect on April 2, 2018. 2017, to develop recommendations for
PART 78—CABLE TELEVISION RELAY DATES: The amendments to subpart C of
changes that would take effect during
SERVICE 50 CFR part 92 are effective April 2, the 2018 harvest season. The Co-
2018. The amendments to subpart D of management Council recommended no
■ 9. The authority citation for part 78 changes for the 2018 regulations.
continues to read as follows: 50 CFR part 92 are effective April 2,
On February 1, 2018, we published in
Authority: Secs. 2, 3, 4, 301, 303, 307, 308,
2018, through August 31, 2018.
the Federal Register a proposed rule (83
309, 48 Stat., as amended, 1064, 1065, 1066, FOR FURTHER INFORMATION CONTACT: FR 4623) to amend 50 CFR part 92 to
1081, 1082, 1083, 1084, 1085; 47 U.S.C. 152, Donna Dewhurst, U.S. Fish and Wildlife propose regulations for the 2018 spring
153, 154, 301, 303, 307, 308, 309. Service, 1011 E. Tudor Road, Mail Stop and summer subsistence harvest of
■ 10. Revise § 78.67 to read as follows: 201, Anchorage, AK 99503; (907) 786– migratory birds in Alaska at subpart D,
3499. and to amend subpart C. We accepted
§ 78.67 Familiarity with FCC rules.
SUPPLEMENTARY INFORMATION: public comments on the proposed rule
Both the licensee of a cable television
Why is this rulemaking necessary? for 30 days, ending March 5, 2018. A
relay station (CARS) and the operator or
summary of the comments we received,
operators responsible for the proper This rulemaking is necessary because, and our responses to them, is provided
operation of the station are expected to by law, the migratory bird harvest below, under Summary of Comments
be familiar with the rules governing season is closed unless opened by the and Responses.
CARS stations. Copies of the Secretary of the Interior, and the
Commission’s rules may be obtained regulations governing subsistence This Final Rule
from the Superintendent of Documents, harvest of migratory birds in Alaska are This final rule contains no changes
Government Publishing Office, subject to public review and annual from the proposed regulation
Washington, DC 20401, at nominal cost, approval. This rule establishes amendments published on February 1,
or accessed online at https:// regulations for the taking of migratory 2018 (83 FR 4623).
www.ecfr.gov or https://www.gpo.gov/ birds for subsistence uses in Alaska
fdsys/browse/collectionCfr.action? Who is eligible to hunt under these
during the spring and summer of 2018.
collectionCode=CFR. regulations?
This rule also sets forth a list of
[FR Doc. 2018–06029 Filed 3–29–18; 8:45 am] migratory bird season openings and Eligibility to harvest under the
BILLING CODE 6712–01–P closures in Alaska by region. regulations established in 2003 was
limited to permanent residents,
How do I find the history of these regardless of race, in villages located
regulations? within the Alaska Peninsula, Kodiak
DEPARTMENT OF THE INTERIOR
Background information, including Archipelago, the Aleutian Islands, and
Fish and Wildlife Service past events leading to this rulemaking, in areas north and west of the Alaska
accomplishments since the Migratory Range (50 CFR 92.5). These geographical
50 CFR Part 92 Bird Treaties with Canada and Mexico restrictions opened the initial migratory
were amended, and a history, were bird subsistence harvest to about 13
[Docket No. FWS–R7–MB–2017–0087;
FXMB12610700000–189–FF07M01000] originally addressed in the Federal percent of Alaska residents. High-
Register on August 16, 2002 (67 FR populated, roaded areas such as
RIN 1018–BC70 53511) and most recently on April 4, Anchorage, the Matanuska-Susitna and
2017 (82 FR 16298). Fairbanks North Star boroughs, the
Migratory Bird Subsistence Harvest in Recent Federal Register documents Kenai Peninsula roaded area, the Gulf of
Alaska; Harvest Regulations for and all final rules setting forth the Alaska roaded area, and Southeast
Migratory Birds in Alaska During the annual harvest regulations are available Alaska were excluded from eligible
2018 Season at http://www.fws.gov/alaska/ambcc/ subsistence harvest areas.
AGENCY: Fish and Wildlife Service, regulations.htm or by contacting the In response to petitions requesting
Interior. person listed under FOR FURTHER inclusion in the harvest in 2004, we
ACTION: Final rule. INFORMATION CONTACT. added 13 additional communities
consistent with the criteria set forth at
SUMMARY: The U.S. Fish and Wildlife What is the process for issuing 50 CFR 92.5(c). These communities
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Service (Service or we) is establishing regulations for the subsistence harvest were Gulkana, Gakona, Tazlina, Copper
migratory bird subsistence harvest of migratory birds in Alaska? Center, Mentasta Lake, Chitina,
regulations in Alaska for the 2018 The U.S. Fish and Wildlife Service is Chistochina, Tatitlek, Chenega, Port
season. These regulations allow for the establishing migratory bird subsistence- Graham, Nanwalek, Tyonek, and
continuation of customary and harvest regulations in Alaska for the Hoonah, with a combined population of
traditional subsistence uses of migratory 2018 season. These regulations allow for 2,766. In 2005, we added three
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![13686 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
other eider conservation measures, in the destruction or adverse subsistence hunting. The commenter
including partnering with the North modification of designated critical also expressed concern over the lack of
Slope Migratory Bird Task Force, for habitat. bag limits for hunting emperor geese, as
increased waterfowl-hunter awareness, the species is vulnerable to overharvest
Summary of Comments and Responses
continued enforcement of the due to aspects of its natural history.
regulations, and in-season verification On February 1, 2018, we published in Service Response: Emperor geese were
of the harvest. To reduce the threat of the Federal Register a proposed rule (83 opened to subsistence harvest starting in
shooting mortality of threatened eiders, FR 4623) to amend 50 CFR part 92 to April 2017; however, the new
we continue to work with North Slope establish regulations in Alaska for the regulations were mistakenly set to
partners to conduct education and 2018 subsistence season. We accepted
expire August 31, 2017 (see 82 FR
outreach. In addition, the emergency- public comments on the proposed rule
16298; April 4, 2017). In this rule, we
closure authority provides another level for 30 days, ending March 5, 2018. We
are publishing the same changes we
of assurance if an unexpected number of posted an announcement of the
made to the list of birds open for harvest
Steller’s eiders are killed by shooting comment-period dates for the proposed
in April 2017 to make them permanent,
(50 CFR 92.21 and 50 CFR 92.32). rule, as well as the rule itself and related
including the addition of emperor goose
The longstanding general emergency- historical documents, on the Co-
to the list. In the April 4, 2017 final rule,
closure provision at 50 CFR 92.21 management Council’s internet
we provided justification for opening
specifies that the harvest may be closed homepage. By facsimile (fax), we issued
emperor geese to subsistence harvest,
or temporarily suspended upon finding a press bulletin, announcing our request
for public comments and the pertinent and to make this change permanent
that a continuation of the regulation
deadlines for such comments, to the based on the total bird index. In
allowing the harvest would pose an
media Statewide in Alaska. summary, in September 2016, a Co-
imminent threat to the conservation of
Additionally, we made all relevant management Council emperor goose
any migratory bird population. With
documents available on http:// management plan was signed as a
regard to Steller’s eiders, the regulations
www.regulations.gov. In response to the companion document to the 2016
at 50 CFR 92.32, carried over from the
proposed rule, the Service received revision of the Pacific Flyway
past 7 years, clarify that we would take
eight comments, but five of these did management plan for the emperor goose.
action under 50 CFR 92.21 as is
not address topics specific to our The Co-management Council’s plan for
necessary to prevent further take of
proposed rule. The three on-topic the emperor goose establishes a
Steller’s eiders, and that action could
include temporary or long-term closures comments we received are below by population objective of 34,000 bird
of the harvest in all or a portion of the topic. The comments are addressed consistent with the population
geographic area open to harvest. When below by topic. abundance achieved in 2016 (34,109)
and if mortality of threatened eiders is Comment (1): We received one after about 30 years of hunting season
documented, we would evaluate each general comment that expressed closures. This equates to a total range-
mortality event by criteria such as opposition to the concept of allowing wide population size of about 177,000
cause, quantity, sex, age, location, and subsistence hunting of migratory birds geese based on current model estimates.
date. We would consult with the Co- in Alaska on the grounds that it The Co-management Council’s plan
management Council when we are sanctions the murdering of birds for allows for a customary and traditional
considering an emergency closure. If we food. subsistence harvest (i.e., no bag limits)
determine that an emergency closure is Service Response: For centuries, when the Yukon-Kuskokwim Delta
necessary, we would design it to indigenous inhabitants of Alaska have Coastal Zone Survey index equals or
minimize its impact on the subsistence harvested migratory birds for exceeds 28,000 geese, which equates to
harvest. subsistence purposes during the spring a total range-wide population size of
and summer months. The Canada and about 145,000 geese. Should the
Endangered Species Act Consideration Mexico migratory bird treaties were population index decline below 28,000
Section 7 of the Endangered Species amended for the express purpose of geese, harvest restrictions will be
Act (16 U.S.C. 1536) requires the allowing subsistence hunting for considered to reduce the probability for
Secretary of the Interior to ‘‘review other migratory birds during the spring and a subsequent closed season. The harvest
programs administered by him and summer. The amendments indicate that season will be closed if the population
utilize such programs in furtherance of the Service should issue regulations index declines below 23,000 emperor
the purposes of the Act’’ and to ‘‘insure allowing such hunting as provided in geese, which equates to a total range-
that any action authorized, funded, or the Migratory Bird Treaty Act; see 16 wide population size of about 120,000
carried out * * * is not likely to U.S.C. 712(1). See also Statutory geese. The population index thresholds
jeopardize the continued existence of Authority, below, for more details. for hunting season restrictions (28,000)
any endangered species or threatened Comment (2): We received one and closure (23,000) represent 82
species or result in the destruction or general comment on the need for percent and 68 percent of the
adverse modification of [critical] agencies to develop regulations in a population objective (34,000),
habitat. * * *’’ We conducted an intra- manner consistent with the principles of respectively. The Alaska Native Caucus
agency consultation with the Service’s Executive Order (E.O.) 13563. opposed bag limits during the spring-
Fairbanks Fish and Wildlife Field Office Service Response: This rule complies summer subsistence season. The
on this harvest as it will be managed in with both E.O. 13563 and E.O. 12866. Service, together with the Alaska
accordance with this final rule and the Details of our compliance are discussed Department of Fish and Game and the
conservation measures. The under Regulatory Planning and Review Co-management Council’s Native
amozie on DSK30RV082PROD with RULES
consultation was completed with a (Executive Orders 12866 and 13563), Caucus, agreed to a harvest strategy that
biological opinion dated March 2, 2018, below. incorporated customary and traditional
that concluded the final rule and Comment (3): We received one subsistence practices (i.e., no bag limits)
conservation measures are not likely to comment opposing the addition of but ensured the protection of the
jeopardize the continued existence of emperor geese, which the commenter emperor goose population. The 2016
Steller’s and spectacled eiders or result refers to as a near threatened species, to emperor goose population index was
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![Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations 13689
(3) Western Unit (Umnak Island west within 500 feet from the water’s edge. total for the region inadvertently
to and including Attu Island): The offshore islands are open to harvest. entangled in subsistence fishing nets in
(i) Season: April 2–July 15 and August (1) Season: April 2–June 30 and July the North Slope Region may be kept for
16–August 31. 31–August 31 for seabirds; April 2–June subsistence use.
(ii) Closure: July 16–August 15. 20 and July 22–August 31 for all other (5) North Coastal Zone (Cape
(b) Yukon/Kuskokwim Delta Region. birds. Thompson north to Point Hope and east
(1) Season: April 2–August 31. (2) Closure: July 1–July 30 for along the Arctic Ocean coastline around
(2) Closure: 30-day closure dates to be seabirds; June 21–July 21 for all other Point Barrow to Ross Point, including
announced by the Service’s Alaska birds. Iko Bay, and 5 miles inland).
Regional Director or his designee, after (f) Northwest Arctic Region. (i) No person may at any time, by any
consultation with field biologists and (1) Season: April 2–June 14 and July means, or in any manner, possess or
the Association of Village Council 16–August 31 (hunting in general); have in custody any migratory bird or
President’s Waterfowl Conservation waterfowl egg gathering April 2–June 14 part thereof, taken in violation of
Committee. This 30-day period will only; seabird egg gathering May 20–July subparts C and D of this part.
occur between June 1 and August 15 of 12 only; hunting molting/non-nesting (ii) Upon request from a Service law
each year. A press release announcing waterfowl July 1–July 15 only. enforcement officer, hunters taking,
the actual closure dates will be (2) Closure: June 15–July 15, except attempting to take, or transporting
forwarded to regional newspapers and for the taking of seabird eggs and migratory birds taken during the
radio and television stations. molting/non-nesting waterfowl as subsistence harvest season must present
(3) Special Black Brant and Cackling provided in paragraph (f)(1) of this them to the officer for species
Canada Goose Season Hunting Closure: section. identification.
From the period when egg laying begins (g) North Slope Region. (h) Interior Region.
until young birds are fledged. Closure (1) Southern Unit (Southwestern
(1) Season: April 2–June 14 and July
dates to be announced by the Service’s North Slope regional boundary east to
16–August 31; egg gathering May 1–June
Alaska Regional Director or his Peard Bay, everything west of the
14 only.
designee, after consultation with field longitude line 158°30′ W and south of (2) Closure: June 15–July 15.
the latitude line 70°45′ N to the west (i) Upper Copper River Region
biologists and the Association of Village
bank of the Ikpikpuk River, and (Harvest Area: Game Management Units
Council President’s Waterfowl
everything south of the latitude line 11 and 13) (Eligible communities:
Conservation Committee. A press
69°45′ N between the west bank of the Gulkana, Chitina, Tazlina, Copper
release announcing the actual closure
Ikpikpuk River to the east bank of Center, Gakona, Mentasta Lake,
dates will be forwarded to regional
Sagavinirktok River): Chistochina and Cantwell).
newspapers and radio and television (i) Season: April 2–June 29 and July
stations. (1) Season: April 15–May 26 and June
30–August 31 for seabirds; April 2–June
(c) Bristol Bay Region. 27–August 31.
19 and July 20–August 31 for all other
(1) Season: April 2–June 14 and July (2) Closure: May 27–June 26.
birds. (3) The Copper River Basin
16–August 31 (general season); April 2– (ii) Closure: June 30–July 29 for
July 15 for seabird egg gathering only. communities listed above also
seabirds; June 20–July 19 for all other
(2) Closure: June 15–July 15 (general documented traditional use harvesting
birds.
season); July 16–August 31 (seabird egg (iii) Special Black Brant Hunting birds in Game Management Unit 12,
gathering). Opening: From June 20–July 5. The making them eligible to hunt in this unit
(d) Bering Strait/Norton Sound open area consists of the coastline, from using the seasons specified in paragraph
Region. mean high water line outward to (h) of this section.
(1) Stebbins/St. Michael Area (Point include open water, from Nokotlek (j) Gulf of Alaska Region.
Romanof to Canal Point): Point east to longitude line 158°30′ W. (1) Prince William Sound Area West
(i) Season: April 15–June 14 and July This includes Peard Bay, Kugrua Bay, (Harvest area: Game Management Unit
16–August 31. and Wainwright Inlet, but not the Kuk 6[D]), (Eligible Chugach communities:
(ii) Closure: June 15–July 15. Chenega Bay, Tatitlek):
and Kugrua river drainages.
(2) Remainder of the region: (2) Northern Unit (At Peard Bay, (i) Season: April 2–May 31 and July
(i) Season: April 2–June 14 and July 1–August 31.
everything east of the longitude line
16–August 31 for waterfowl; April 2– 158°30′ W and north of the latitude line (ii) Closure: June 1–30.
July 19 and August 21–August 31 for all 70°45′ N to west bank of the Ikpikpuk (2) Prince William Sound Area East
other birds. River, and everything north of the (Harvest area: Game Management Units
(ii) Closure: June 15–July 15 for 6[B]and [C]—Barrier Islands between
latitude line 69°45′ N between the west
waterfowl; July 20–August 20 for all bank of the Ikpikpuk River to the east Strawberry Channel and Softtuk Bar),
other birds. bank of Sagavinirktok River): (Eligible Chugach communities:
(e) Kodiak Archipelago Region, except (i) Season: April 2–June 6 and July 7– Cordova, Tatitlek, and Chenega Bay):
for the Kodiak Island roaded area, August 31 for king and common eiders; (i) Season: April 2–April 30 (hunting);
which is closed to the harvesting of April 2–June 15 and July 16–August 31 May 1–May 31 (gull egg gathering).
migratory birds and their eggs. The for all other birds. (ii) Closure: May 1–August 31
closed area consists of all lands and (ii) Closure: June 7–July 6 for king and (hunting); April 2–30 and June 1–
waters (including exposed tidelands) common eiders; June 16–July 15 for all August 31 (gull egg gathering).
east of a line extending from Crag Point other birds. (iii) Species Open for Hunting:
in the north to the west end of Saltery (3) Eastern Unit (East of eastern bank Greater white-fronted goose; snow
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Cove in the south and all lands and of the Sagavanirktok River): goose; gadwall; Eurasian and American
water south of a line extending from (i) Season: April 2–June 19 and July wigeon; blue-winged and green-winged
Termination Point along the north side 20–August 31. teal; mallard; northern shoveler;
of Cascade Lake extending to Anton (ii) Closure: June 20–July 19. northern pintail; canvasback; redhead;
Larsen Bay. Marine waters adjacent to (4) All Units: yellow-billed loons. ring-necked duck; greater and lesser
the closed area are closed to harvest Annually, up to 20 yellow-billed loons scaup; king and common eider;
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![13690 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations
harlequin duck; surf, white-winged, and 16(B) south of the Beluga River, Beluga § 92.32 Emergency regulations to protect
black scoter; long-tailed duck; Lake, and the Triumvirate Glacier. Steller’s eiders.
bufflehead; common and Barrow’s (2) Closure: June 1–July 31.
Upon finding that continuation of
goldeneye; hooded, common, and red- (l) Southeast Alaska.
(1) Community of Hoonah (Harvest these subsistence regulations would
breasted merganser; and sandhill crane. pose an imminent threat to the
Species open for egg gathering: area: National Forest lands in Icy Strait
and Cross Sound, including Middle Pass conservation of threatened Steller’s
Glaucous-winged, herring, and mew
Rock near the Inian Islands, Table Rock eiders (Polysticta stelleri), the U.S. Fish
gulls.
in Cross Sound, and other traditional and Wildlife Service Alaska Regional
(iv) Use of Boats/All-Terrain Vehicles: Director, in consultation with the Co-
locations on the coast of Yakobi Island.
No hunting from motorized vehicles or
The land and waters of Glacier Bay management Council, will immediately
any form of watercraft.
National Park remain closed to all under § 92.21 take action as is necessary
(v) Special Registration: All hunters or subsistence harvesting (50 CFR part to prevent further take. Regulation
egg gatherers must possess an annual 100.3(a)): changes implemented could range from
permit, which is available from the (i) Season: Glaucous-winged gull egg a temporary closure of duck hunting in
Cordova offices of the Native Village of gathering only: May 15–June 30. a small geographic area to large-scale
Eyak and the U. S. Forest Service. (ii) Closure: July 1–August 31. regional or statewide long-term closures
(3) Kachemak Bay Area (Harvest area: (2) Communities of Craig and
of all subsistence migratory bird
Game Management Unit 15[C] South of Hydaburg (Harvest area: Small islands
and adjacent shoreline of western Prince hunting. These closures or temporary
a line connecting the tip of Homer Spit
of Wales Island from Point Baker to suspensions will remain in effect until
to the mouth of Fox River) (Eligible
Chugach Communities: Port Graham, Cape Chacon, but also including the Regional Director, in consultation
Nanwalek): Coronation and Warren islands): with the Co-management Council,
(i) Season: Glaucous-winged gull egg determines that the potential for
(i) Season: April 2–May 31 and July
1–August 31. gathering only: May 15–June 30. additional Steller’s eiders to be taken no
(ii) Closure: July 1–August 31. longer exists.
(ii) Closure: June 1–30. (3) Community of Yakutat (Harvest
(k) Cook Inlet (Harvest area: Portions Dated: March 23, 2018.
area: Icy Bay (Icy Cape to Point Riou),
of Game Management Unit 16[B] as and coastal lands and islands bordering Jason Larrabee,
specified below) (Eligible communities: the Gulf of Alaska from Point Manby Principal Deputy Assistant Secretary, Fish
Tyonek only): southeast to and including Dry Bay): and Wildlife and Parks, Exercising the
(1) Season: April 2–May 31—That (i) Season: Glaucous-winged gull egg Authority of the Assistant Secretary, Fish and
portion of Game Management Unit 16(B) gathering: May 15–June 30. Wildlife and Parks.
south of the Skwentna River and west (ii) Closure: July 1–August 31. [FR Doc. 2018–06435 Filed 3–29–18; 8:45 am]
of the Yentna River, and August 1–31— ■ 4. Amend subpart D by adding § 92.32 BILLING CODE 4333–15–P
That portion of Game Management Unit to read as follows:
amozie on DSK30RV082PROD with RULES
VerDate Sep<11>2014 18:02 Mar 29, 2018 Jkt 244001 PO 00000 Frm 00066 Fmt 4700 Sfmt 9990 E:\FR\FM\30MRR1.SGM 30MRR1](https://thefederalregister.org/doc/83_FR_13746/page/7.svg)
Document Created: 2018-11-01 08:58:25
Document Modified: 2018-11-01 08:58:25
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The amendments to subpart C of 50 CFR part 92 are effective April 2, 2018. The amendments to subpart D of 50 CFR part 92 are effective April 2, 2018, through August 31, 2018. | |
| Contact | Donna Dewhurst, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 786-3499. | |
| FR Citation | 83 FR 13684 | |
| RIN Number | 1018-BC70 | |
| CFR Associated | Hunting; Treaties and Wildlife |
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