83 FR 4623 - 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 22 (February 1, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 22 (February 1, 2018)
| Page Range | 4623-4629 | |
| FR Document | 2018-02001 |
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)] [Proposed Rules] [Pages 4623-4629] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02001] [[Page 4623]] ======================================================================= ----------------------------------------------------------------------- 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: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is proposing 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 proposes region- specific regulations that would go into effect on April 2, 2018. DATES: We will accept comments received or postmarked on or before March 5, 2018. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by February 16, 2018. 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-2017-0087. U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R7-MB-2017-0087; 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 detailed 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 website. When you submit a comment, the system receives it immediately. However, the comment will not be publicly viewable until we post it, which might not occur until several days after submission. If you mail or hand-carry a hardcopy comment directly to us that includes personal information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. To ensure that the electronic docket for this rulemaking is complete and all comments we receive are publicly available, we will post all hardcopy comments on http://www.regulations.gov. 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-2017-0087, 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, 2018, 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. We believe a 30-day comment period gives the public adequate time to provide meaningful comments. In addition, the proposed regulations in this document for the 2018 season are the same as the final regulations we published on April 4, 2017 (82 FR 16298), for the 2017 season. 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 proposes regulations for the taking of migratory birds for subsistence uses in Alaska during the spring and summer of 2018. This proposed rule also sets forth a list of migratory bird season openings and closures in Alaska by region. [[Page 4624]] 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 proposing 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. 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. 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; therefore, we are setting them forth again in this proposed rule with the intent to make them permanent when we publish a final rule for this action. 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 regulation would 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 proposed rule would comply 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 [[Page 4625]] 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 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 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. 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 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 (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 (ESA; 16 U.S.C. 1531 et seq.), to ensure that the 2018 subsistence harvest is not likely to jeopardize the continued existence of any species designated as endangered or threatened, or modify or destroy its critical habitats, and that the regulations are consistent with conservation programs for those species. Consultation under section 7 of the ESA 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 Executive Order 13771--Reducing Regulation and Controlling Regulatory Costs This proposed rule is not subject to the requirements of Executive Order 13771 (82 FR 9339, February 3, 2017) because this proposed rule would establish 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 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 [[Page 4626]] this proposed 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 would be consumed. Small Business Regulatory Enforcement Fairness Act This proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This proposed rule: (a) Would not have an annual effect on the economy of $100 million or more. It legalizes and regulates 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 rule are migratory birds. This proposed 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 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 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. (c) Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This proposed rule deals with the harvesting of wildlife for personal consumption. It would not regulate the marketplace in any way to generate substantial effects on the economy or the ability of businesses to compete. Unfunded Mandates Reform Act We have determined and certified under the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) that this proposed rule would not impose a cost of $100 million or more in any given year on local, State, or tribal governments or private entities. The proposed rule would not have a significant or unique effect on 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 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 Mandates Reform Act section, above. We worked with the State of Alaska to develop these 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 would 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 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. [[Page 4627]] 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). 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 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. Proposed Regulation Promulgation For the reasons set out in the preamble, we propose to 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. (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. [[Page 4628]] (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; 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 [[Page 4629]] 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: January 16, 2018. Jason Larrabee, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks Exercising the Authority of the Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2018-02001 Filed 1-31-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules 4623
DEPARTMENT OF THE INTERIOR Service, 1011 E. Tudor Road, Mail Stop Pike, Falls Church, VA 22041–3803;
201, Anchorage, AK 99503; (907) 786– (703) 358–1714.
Fish and Wildlife Service 3499.
Public Availability of Comments
SUPPLEMENTARY INFORMATION:
50 CFR Part 92 As stated above in more detail, before
Public Comment Procedures
[Docket No. FWS–R7–MB–2017–0087; including your address, phone number,
FXMB12610700000–189–FF07M01000] To ensure that any action resulting email address, or other personal
from this proposed rule will be as identifying information in your
RIN 1018–BC70
accurate and as effective as possible, we comment, you should be aware that
Migratory Bird Subsistence Harvest in request that you send relevant your entire comment—including your
Alaska; Harvest Regulations for information for our consideration. The personal identifying information—may
Migratory Birds in Alaska During the comments that will be most useful and be made publicly available at any time.
2018 Season likely to influence our decisions are While you can ask us in your comment
those that you support by quantitative to withhold your personal identifying
AGENCY: Fish and Wildlife Service, information or studies and those that information from public review, we
Interior. include citations to, and analyses of, the cannot guarantee that we will be able to
ACTION: Proposed rule. applicable laws and regulations. Please do so.
make your comments as specific as
SUMMARY: The U.S. Fish and Wildlife possible and explain the basis for them. Length of Comment Period
Service (Service or we) is proposing In addition, please include sufficient
migratory bird subsistence harvest information with your comments to Implementation of the Service’s 2013
regulations in Alaska for the 2018 allow us to authenticate any scientific or supplemental environmental impact
season. These regulations allow for the commercial data you include. statement on the hunting of migratory
continuation of customary and You must submit your comments and birds has resulted in changes to the
traditional subsistence uses of migratory materials concerning this proposed rule overall timing of the annual regulatory
birds in Alaska and prescribe regional by one of the methods listed above in schedule for the establishment of
information on when and where the ADDRESSES. We will not accept
migratory bird hunting regulations and
harvesting of birds may occur. These comments sent by email or fax or to an the Alaska migratory bird subsistence
regulations were developed under a co- address not listed in ADDRESSES. If you harvest regulations. That is, moving the
management process involving the submit a comment via http:// annual Service Regulations Committee
Service, the Alaska Department of Fish www.regulations.gov, your entire meeting from July to October has greatly
and Game, and Alaska Native comment—including any personal shortened our period to publish the
representatives. The rulemaking is identifying information, such as your proposed regulations and solicit
necessary because the regulations address, telephone number, or email comments. We are further bounded by
governing the subsistence harvest of address—will be posted on the website. a subsistence harvest start date of April
migratory birds in Alaska are subject to When you submit a comment, the 2, 2018, making a 60-day comment
annual review. This rulemaking system receives it immediately. period problematic and increasing the
proposes region-specific regulations that However, the comment will not be risk of not having regulations
would go into effect on April 2, 2018. publicly viewable until we post it, established before the start of the
DATES: We will accept comments which might not occur until several subsistence season. Thus, we have
received or postmarked on or before days after submission. established a 30-day comment period
March 5, 2018. We must receive If you mail or hand-carry a hardcopy for this proposed rule (see DATES,
requests for public hearings, in writing, comment directly to us that includes above), and we will be conducting tribal
at the address shown in FOR FURTHER personal information, you may request consultations within Alaska
INFORMATION CONTACT by February 16, at the top of your document that we simultaneously. We believe a 30-day
2018. withhold this information from public comment period gives the public
ADDRESSES: You may submit comments review. However, we cannot guarantee adequate time to provide meaningful
by one of the following methods: that we will be able to do so. To ensure comments. In addition, the proposed
• Federal eRulemaking Portal: http:// that the electronic docket for this regulations in this document for the
www.regulations.gov. Follow the rulemaking is complete and all 2018 season are the same as the final
instructions for submitting comments to comments we receive are publicly regulations we published on April 4,
Docket No. FWS–R7–MB–2017–0087. available, we will post all hardcopy 2017 (82 FR 16298), for the 2017 season.
• U.S. mail or hand-delivery: Public comments on http:// Why is this rulemaking necessary?
Comments Processing, Attn: FWS–R7– www.regulations.gov.
MB–2017–0087; Division of Policy, In addition, comments and materials This rulemaking is necessary because,
Performance, and Management we receive, as well as supporting by law, the migratory bird harvest
Programs; U.S. Fish and Wildlife documentation used in preparing this season is closed unless opened by the
Service; 5275 Leesburg Place, MS: proposed rule, will be available for Secretary of the Interior, and the
BPHC; Falls Church, VA 22041–3803. public inspection in two ways: regulations governing subsistence
We will not accept email or faxes. We (1) You can view them on http:// harvest of migratory birds in Alaska are
daltland on DSKBBV9HB2PROD with PROPOSALS
will post all comments on http:// www.regulations.gov. Search for FWS– subject to public review and annual
www.regulations.gov. This generally R7–MB–2017–0087, which is the docket approval. This rule proposes regulations
means that we will post any personal number for this rulemaking. for the taking of migratory birds for
information you provide us (see the (2) You can make an appointment, subsistence uses in Alaska during the
Public Comment Procedures section, during normal business hours, to view spring and summer of 2018. This
below, for more detailed information). the comments and materials in person at proposed rule also sets forth a list of
FOR FURTHER INFORMATION CONTACT: the Division of Migratory Bird migratory bird season openings and
Donna Dewhurst, U.S. Fish and Wildlife Management, MS: MB, 5275 Leesburg closures in Alaska by region.
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![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules 4625
objectives in mind, the Service, working including partnering with the North with conservation programs for those
with North Slope partners, developed Slope Migratory Bird Task Force, for species.
measures in 2009 to further reduce the increased waterfowl-hunter awareness, Consultation under section 7 of the
potential for shooting mortality or injury continued enforcement of the ESA for the annual subsistence take
of closed species. These conservation regulations, and in-season verification regulations may cause us to change
measures included: (1) Increased of the harvest. To reduce the threat of these regulations. Our biological
waterfowl hunter outreach and shooting mortality of threatened eiders, opinion resulting from the section 7
community awareness through we continue to work with North Slope consultation is a public document
partnering with the North Slope partners to conduct education and available from the person listed under
Migratory Bird Task Force; and (2) outreach. In addition, the emergency- FOR FURTHER INFORMATION CONTACT.
continued enforcement of the migratory closure authority provides another level
bird regulations that are protective of Statutory Authority
of assurance if an unexpected number of
listed eiders. Steller’s eiders are killed by shooting We derive our authority to issue these
This proposed rule continues to focus (50 CFR 92.21 and 50 CFR 92.32). regulations from the Migratory Bird
on the North Slope from Utqiagvik The longstanding general emergency- Treaty Act of 1918, at 16 U.S.C. 712(1),
(formerly known as Barrow) to Point closure provision at 50 CFR 92.21 which authorizes the Secretary of the
Hope because Steller’s eiders from the specifies that the harvest may be closed Interior, in accordance with the treaties
listed Alaska breeding population are or temporarily suspended upon finding with Canada, Mexico, Japan, and Russia,
known to breed and migrate there, and that a continuation of the regulation to ‘‘issue such regulations as may be
harvest survey data and direct allowing the harvest would pose an necessary to assure that the taking of
observations indicate take during imminent threat to the conservation of migratory birds and the collection of
subsistence harvest has occurred there. any migratory bird population. With their eggs, by the indigenous inhabitants
These regulations are designed to regard to Steller’s eiders, the regulations of the State of Alaska, shall be permitted
address several ongoing eider- at 50 CFR 92.32, carried over from the for their own nutritional and other
management needs by clarifying for essential needs, as determined by the
past 7 years, clarify that we would take
subsistence users that (1) Service law Secretary of the Interior, during seasons
action under 50 CFR 92.21 as is
enforcement personnel have authority to established so as to provide for the
necessary to prevent further take of
verify species of birds possessed by preservation and maintenance of stocks
Steller’s eiders, and that action could
hunters, and (2) it is illegal to possess of migratory birds.’’
include temporary or long-term closures
any species of bird closed to harvest.
of the harvest in all or a portion of the Required Determinations
This proposed rule also describes how
geographic area open to harvest. When
the Service’s existing authority of Executive Order 13771—Reducing
and if mortality of threatened eiders is
emergency closure would be Regulation and Controlling Regulatory
documented, we would evaluate each
implemented, if necessary, to protect Costs
Steller’s eiders. We are always willing to mortality event by criteria such as
discuss regulations with our partners on cause, quantity, sex, age, location, and This proposed rule is not subject to
the North Slope to ensure protection of date. We would consult with the Co- the requirements of Executive Order
closed species while providing management Council when we are 13771 (82 FR 9339, February 3, 2017)
subsistence hunters an opportunity to considering an emergency closure. If we because this proposed rule would
maintain the culture and traditional determine that an emergency closure is establish annual harvest limits related to
migratory bird harvest of the necessary, we would design it to routine hunting or fishing.
community. These regulations minimize its impact on the subsistence
harvest. Regulatory Planning and Review
pertaining to bag checks and possession (Executive Orders 12866 and 13563)
of illegal birds are deemed necessary to Endangered Species Act Consideration
monitor take of closed eider species Executive Order 12866 provides that
during the subsistence hunt. Section 7 of the Endangered Species the Office of Information and Regulatory
In collaboration with North Slope Act (16 U.S.C. 1536) requires the Affairs (OIRA) will review all significant
partners, a number of conservation Secretary of the Interior to ‘‘review other rules. OIRA has determined that this
efforts have been implemented to raise programs administered by him (or her) proposed rule is not significant.
awareness and educate hunters in and and utilize such programs in Executive Order 13563 reaffirms the
around Utqiagvik on Steller’s eider furtherance of the purposes of the Act’’ principles of E.O. 12866 while calling
conservation via the local bird outreach and to ‘‘insure that any action for improvements in the nation’s
festival, meetings, radio shows, signs, authorized, funded, or carried out * * * regulatory system to promote
school visits, and one-on-one contacts. is not likely to jeopardize the continued predictability, to reduce uncertainty,
Limited intermittent monitoring on the existence of any endangered species or and to use the best, most innovative,
North Slope, focused primarily at threatened species or result in the and least burdensome tools for
Utqiagvik, found no evidence that listed destruction or adverse modification of achieving regulatory ends. The
eiders were shot in 2009 through 2012; [critical] habitat. * * *’’ Prior to executive order directs agencies to
one Steller’s eider and one spectacled issuance of annual spring and summer consider regulatory approaches that
eider were found shot during the subsistence regulations, we would reduce burdens and maintain flexibility
summer of 2013; one Steller’s eider was consult under section 7 of the and freedom of choice for the public
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found shot in 2014; and no listed eiders Endangered Species Act of 1973, as where these approaches are relevant,
were found shot in 2015 through 2017. amended (ESA; 16 U.S.C. 1531 et seq.), feasible, and consistent with regulatory
Elsewhere in Alaska, one spectacled to ensure that the 2018 subsistence objectives. E.O. 13563 emphasizes
eider that appeared to have been shot harvest is not likely to jeopardize the further that regulations must be based
was found dead on the Yukon- continued existence of any species on the best available science and that
Kuskokwim Delta in 2015. The Service designated as endangered or threatened, the rulemaking process must allow for
acknowledges progress made with the or modify or destroy its critical habitats, public participation and an open
other eider conservation measures, and that the regulations are consistent exchange of ideas. We have developed
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![4628 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules
(2) Closure: June 15–July 15, except attempting to take, or transporting a line connecting the tip of Homer Spit
for the taking of seabird eggs and migratory birds taken during the to the mouth of Fox River) (Eligible
molting/non-nesting waterfowl as subsistence harvest season must present Chugach Communities: Port Graham,
provided in paragraph (f)(1) of this them to the officer for species Nanwalek):
section. identification. (i) Season: April 2–May 31 and July
(g) North Slope Region. (1) Southern (h) Interior Region. (1) Season: April 1–August 31.
Unit (Southwestern North Slope 2–June 14 and July 16–August 31; egg (ii) Closure: June 1–30.
regional boundary east to Peard Bay, gathering May 1–June 14 only. (k) Cook Inlet. (Harvest area: Portions
everything west of the longitude line (2) Closure: June 15–July 15. of Game Management Unit 16[B] as
158°30′ W and south of the latitude line (i) Upper Copper River Region specified below) (Eligible communities:
70°45′ N to the west bank of the (Harvest Area: Game Management Units Tyonek only):
Ikpikpuk River, and everything south of 11 and 13) (Eligible communities: (1) Season: April 2–May 31—That
the latitude line 69°45′ N between the Gulkana, Chitina, Tazlina, Copper portion of Game Management Unit 16(B)
west bank of the Ikpikpuk River to the Center, Gakona, Mentasta Lake, south of the Skwentna River and west
east bank of Sagavinirktok River): Chistochina and Cantwell). of the Yentna River, and August 1–31—
(i) Season: April 2–June 29 and July (1) Season: April 15–May 26 and June That portion of Game Management Unit
30–August 31 for seabirds; April 2–June 27–August 31. 16(B) south of the Beluga River, Beluga
19 and July 20–August 31 for all other (2) Closure: May 27–June 26. Lake, and the Triumvirate Glacier.
(3) The Copper River Basin (2) Closure: June 1–July 31.
birds.
(ii) Closure: June 30–July 29 for communities listed above also (l) Southeast Alaska. (1) Community
seabirds; June 20–July 19 for all other documented traditional use harvesting of Hoonah (Harvest area: National Forest
birds in Game Management Unit 12, lands in Icy Strait and Cross Sound,
birds.
(iii) Special Black Brant Hunting making them eligible to hunt in this unit including Middle Pass Rock near the
Opening: From June 20–July 5. The using the seasons specified in paragraph Inian Islands, Table Rock in Cross
open area consists of the coastline, from (h) of this section.
Sound, and other traditional locations
(j) Gulf of Alaska Region. (1) Prince
mean high water line outward to on the coast of Yakobi Island. The land
William Sound Area West (Harvest area:
include open water, from Nokotlek and waters of Glacier Bay National Park
Game Management Unit 6[D]), (Eligible
Point east to longitude line 158°30′ W. remain closed to all subsistence
Chugach communities: Chenega Bay,
This includes Peard Bay, Kugrua Bay, harvesting (50 CFR part 100.3(a)):
Tatitlek):
and Wainwright Inlet, but not the Kuk (i) Season: April 2–May 31 and July (i) Season: Glaucous-winged gull egg
and Kugrua river drainages. 1–August 31. gathering only: May 15–June 30.
(2) Northern Unit (At Peard Bay, (ii) Closure: June 1–30. (ii) Closure: July 1–August 31.
everything east of the longitude line (2) Prince William Sound Area East (2) Communities of Craig and
158°30′ W and north of the latitude line (Harvest area: Game Management Units Hydaburg (Harvest area: Small islands
70°45′ N to west bank of the Ikpikpuk 6[B]and [C]—Barrier Islands between and adjacent shoreline of western Prince
River, and everything north of the Strawberry Channel and Softtuk Bar), of Wales Island from Point Baker to
latitude line 69°45′ N between the west (Eligible Chugach communities: Cape Chacon, but also including
bank of the Ikpikpuk River to the east Cordova, Tatitlek, and Chenega Bay): Coronation and Warren islands):
bank of Sagavinirktok River): (i) Season: April 2–April 30 (hunting); (i) Season: Glaucous-winged gull egg
(i) Season: April 2–June 6 and July 7– May 1–May 31 (gull egg gathering). gathering only: May 15–June 30.
August 31 for king and common eiders; (ii) Closure: May 1–August 31 (ii) Closure: July 1–August 31.
April 2–June 15 and July 16–August 31 (hunting); April 2–30 and June 1– (3) Community of Yakutat (Harvest
for all other birds. August 31 (gull egg gathering). area: Icy Bay (Icy Cape to Point Riou),
(ii) Closure: June 7–July 6 for king and (iii) Species Open for Hunting: Greater and coastal lands and islands bordering
common eiders; June 16–July 15 for all white-fronted goose; snow goose; the Gulf of Alaska from Point Manby
other birds. gadwall; Eurasian and American southeast to and including Dry Bay):
(3) Eastern Unit (East of eastern bank wigeon; blue-winged and green-winged (i) Season: Glaucous-winged gull egg
of the Sagavanirktok River): teal; mallard; northern shoveler; gathering: May 15–June 30.
(i) Season: April 2–June 19 and July northern pintail; canvasback; redhead; (ii) Closure: July 1–August 31.
20–August 31. ring-necked duck; greater and lesser ■ 4. Amend subpart D by adding § 92.32
(ii) Closure: June 20–July 19. scaup; king and common eider; to read as follows:
(4) All Units: Yellow-billed loons. harlequin duck; surf, white-winged, and
Annually, up to 20 yellow-billed loons § 92.32 Emergency regulations to protect
black scoter; long-tailed duck;
total for the region inadvertently Steller’s eiders.
bufflehead; common and Barrow’s
entangled in subsistence fishing nets in goldeneye; hooded, common, and red- Upon finding that continuation of
the North Slope Region may be kept for breasted merganser; and sandhill crane. these subsistence regulations would
subsistence use. Species open for egg gathering: pose an imminent threat to the
(5) North Coastal Zone (Cape Glaucous-winged, herring, and mew conservation of threatened Steller’s
Thompson north to Point Hope and east gulls. eiders (Polysticta stelleri), the U.S. Fish
along the Arctic Ocean coastline around (iv) Use of Boats/All-Terrain Vehicles: and Wildlife Service Alaska Regional
Point Barrow to Ross Point, including No hunting from motorized vehicles or Director, in consultation with the Co-
daltland on DSKBBV9HB2PROD with PROPOSALS
Iko Bay, and 5 miles inland). any form of watercraft. management Council, will immediately
(i) No person may at any time, by any (v) Special Registration: All hunters under § 92.21 take action as is necessary
means, or in any manner, possess or or egg gatherers must possess an annual to prevent further take. Regulation
have in custody any migratory bird or permit, which is available from the changes implemented could range from
part thereof, taken in violation of Cordova offices of the Native Village of a temporary closure of duck hunting in
subparts C and D of this part. Eyak and the U.S. Forest Service. a small geographic area to large-scale
(ii) Upon request from a Service law (3) Kachemak Bay Area (Harvest area: regional or Statewide long-term closures
enforcement officer, hunters taking, Game Management Unit 15[C] South of of all subsistence migratory bird
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![Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Proposed Rules 4629
hunting. These closures or temporary additional Steller’s eiders to be taken no Dated: January 16, 2018.
suspensions will remain in effect until longer exists. Jason Larrabee,
the Regional Director, in consultation Principal Deputy Assistant Secretary for Fish
with the Co-management Council, and Wildlife and Parks Exercising the
determines that the potential for Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2018–02001 Filed 1–31–18; 8:45 am]
BILLING CODE 4333–15–P
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Document Created: 2018-10-26 13:47:09
Document Modified: 2018-10-26 13:47:09
| 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 5, 2018. 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 | 83 FR 4623 | |
| RIN Number | 1018-BC70 | |
| CFR Associated | Hunting; Treaties and Wildlife |
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