SUPPLEMENTARY INFORMATION:

Background

The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.) was enacted to protect migratory birds and gives the Secretary of the Interior (Secretary) the authority to regulate the harvest of certain migratory birds. The law further authorizes the Secretary to issue regulations to ensure that the indigenous inhabitants of the State of Alaska may take certain migratory birds and collect their eggs for nutritional and other essential needs during seasons established by the Secretary to provide for the preservation and maintenance of these migratory birds (16 U.S.C. 712(1)).

The take of migratory birds for subsistence uses in Alaska occurs primarily during the spring and summer, a timeframe not included in the fall and winter general migratory game bird hunting regulations for the United States. Regulations governing the subsistence harvest of migratory birds in Alaska are located in title 50 of the Code ( printed page 37337) of Federal Regulations (CFR) in part 92. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds and establish when and where the harvesting of certain birds in Alaska may occur within each subsistence region.

The migratory bird subsistence harvest regulations are developed cooperatively. The Alaska Migratory Bird Co-Management Council (Council or AMBCC) consists of the Service, the Alaska Department of Fish and Game (ADFG), and Alaska Native representatives. The Council's primary purpose is to develop recommendations pertaining to the subsistence harvest of migratory birds.

This rule incorporates changes to the subsistence harvest regulations that were recommended by the Council in 2025 as described below.

Comments Received on the Proposed Rule

Per the collaborative process described above, we published a proposed rule on March 9, 2026, to update the regulations for the taking of migratory birds for subsistence uses in Alaska during spring and summer (91 FR 11266). By the end of the comment period on April 8, 2026, we received six comments pertaining to the proposed rule. We made no changes to the proposed rule as a result of input we received via the public comments, however, we added further discussion to this rule regarding the regulatory revisions based on public comments we received. See Final Regulations, below, for more information.

Issue: One commenter believed that there should be no legal subsistence harvest opportunity for migratory birds in Alaska.

Response: For millennia, Indigenous peoples of Alaska have harvested migratory birds for subsistence purposes during the spring and summer months. The U.S. treaties with Canada and Mexico were amended for the express purpose of allowing subsistence harvest of migratory birds during these months. The MBTA allows for the lawful and sustainable harvest of migratory birds and their eggs per regulations.

Issue: Four commenters expressed support of the process presented in the proposed rule that was used to incorporate local input and Indigenous Knowledge in determining a meaningful region name and more appropriate harvest season dates.

Response: The Service appreciates the commenters' support for involvement of Tribal regional representatives in developing regulatory changes.

Issue: One commenter recommended the Service collect subsistence harvest data to measure the effect of the proposed regulatory change.

Response: Harvest of waterfowl and cranes by rural residents within the Upper Copper River/Ahtna Territory region represents less than 0.2 percent of the statewide harvest (Naves and Schamber 2024) and the population of the eight eligible communities in the region represents about 1.3 percent of the statewide population in eligible subsistence harvest areas ( https://live.laborstats.alaska.gov/​landing/​pop-cen.html). In addition, there are no threatened eiders or species of conservation concern ( e.g., emperor geese) present in this region. These factors suggest that any increase in regional subsistence harvest due to the proposed change in season dates is unlikely to have any measurable effect on harvest or population size of migratory birds in Alaska. Past subsistence harvest surveys in Alaska have lacked the precision to detect small changes in statewide harvest and would incur an unnecessary burden on subsistence harvesters.

Issue: One commenter recommended implementation of flexible harvest closure dates based on annual environmental conditions.

Response: The use of static closure dates that approximate the primary nesting periods for their respective geographic areas may not align the timing of nesting activity with closure dates for some species in some years. However, static closure dates increase the clarity of regulations for subsistence harvesters and law enforcement and have been implemented successfully in 10 of the 12 regions, including the Upper Copper River/Ahtna Territory region. The co-management process allows a region to petition the AMBCC to change to a flexible closure date process, as two regions have already done, but the Upper Copper River/Ahtna Territory has not proposed such changes.

Issue: One commenter recommended that urban residents be restricted from the subsistence harvest of migratory birds and eggs during spring and summer.

Response: Residents of urban areas are generally restricted from harvest of migratory birds in spring and summer per regulation (50 CFR 92.5).

Issue: One commenter recommended records of all Tribal consultations be included in the final rule.

Response: To date, no requests for formal or informal Tribal consultation on the proposed rule have been requested.

Issue: One commenter recommended that sources of Indigenous Knowledge be credited under the discussion in Revisions to Subpart D in the final rule.

Response: The Service appreciates the commenter's suggestion to recognize the source of Indigenous Knowledge in the development of harvest regulations. The source of Indigenous Knowledge that supports the proposed change in harvest season dates was submitted in a proposal to the AMBCC in December 2025 (AMBCC Proposal No. 2026-02) and originated from members of the Copper River Migratory Bird Co-Management Council, through the Ahtna Intertribal Resource Commission. Oral testimony from the Ahtna Intertribal Resource Commission in support of the proposal was presented at the May 9, 2025, AMBCC meeting in Anchorage, Alaska.

Issue: One commenter recommended the Service ensure adaptive management strategies are in place to respond to climate-driven shifts in nesting chronology.

Response: The Service adapts its management strategies for the spring-summer subsistence harvest of migratory birds and their eggs through participation in the AMBCC. The AMBCC meets twice annually and provides an opportunity for regional Alaska Native representatives to describe observations from the communities they represent. Such observations include changes in the abundance and species of birds, harvest, climate, bird migration patterns, and nesting activity. From these observations and other supporting data, the Council can identify where regulatory proposals may be needed to change 30-day closure dates to adequately protect birds during the principal nesting period.

Issue: One commenter recommended the Service implement a 3-year evaluation period to measure the effect of the proposed change in subsistence harvest season dates on migratory bird species harvested during the spring-summer season in this region.

Response: The Service does not believe a 3-year evaluation period is necessary to assess the effect of the proposed change in subsistence harvest season dates on migratory bird populations in this region. This region has low harvest levels and few hunters, making any increase in subsistence harvest due to the proposed changes unlikely to have any population level effects (see response above to third issue for additional information). Implementation of a 3-year evaluation period would incur an unnecessary burden on subsistence hunters and cost ( printed page 37338) to the public. The Service evaluates the status of migratory birds annually throughout North America using aerial waterfowl population surveys (U.S. Fish and Wildlife Service 2025), including within the region described in the proposed action, and together with partners in the AMBCC will evaluate all available information and propose regulatory changes where warranted.

Final Regulations

We are making no changes to the regulatory revisions proposed in our March 9, 2026, proposed rule (91 FR 11266) as a result of the input we received via the public comments.

The rule sets forth the following revisions to the regulations for the taking of certain migratory birds for subsistence uses in Alaska during the spring and summer.

Revisions to Subpart A

In 50 CFR part 92, subpart A (general provisions), we change the name of the Upper Copper River region to the Ahtna Territory region in § 92.5. The Upper Copper River region is one of 12 geographic regions (called regional management areas) in Alaska based on common subsistence resource use patterns and the 12 Alaska Native regional corporation boundaries established under the Alaska Native Claims Settlement Act (ANCSA, 43 U.S.C. 1606). The Upper Copper River region has eight eligible communities whose harvest area includes Alaska State Game Management Units (GMUs) 11, 12, and 13. The Copper River Migratory Bird Co-Management Council submitted a proposal to the AMBCC requesting their region be renamed Ahtna Territory to reflect the desires of member communities to self-identify with an appropriate regional name. The current name inaccurately reflects the region's community membership and eligible harvest area, as the community of Cantwell is not located in the Copper River drainage and its traditional hunting areas are within the watersheds of other major rivers ( e.g., the Yukon and Susitna). Renaming this region as the Ahtna Territory will help clarify Ahtna Tribal communities included in the region and better identify those eligible to participate in the spring-summer subsistence harvest.

The AMBCC recommended an amendment to the regulations to change the name of the Upper Copper River region to the Ahtna Territory region on April 9, 2025. This regulatory amendment was supported by the Pacific Flyway Council on September 12, 2025, and the SRC on December 16, 2025, and intended for implementation beginning with the 2026 subsistence season.

Revision to Subpart B

In 50 CFR part 92, subpart B (program structure), we change the name of the Upper Copper River region to the Ahtna Territory region in § 92.11 as described above for subpart A.

Revisions to Subpart D

In 50 CFR part 92, subpart D (annual regulations governing subsistence harvest), we make several changes for the Upper Copper River region: changing the region's name, clarifying language regarding the harvest area, and modifying the season dates.

First, we change the name of the Upper Copper River region to the Ahtna Territory region in § 92.31(i) as described above for subpart A.

Second, we clarify and simplify the language in § 92.31(i) regarding which GMUs are included in the harvest area for the Upper Copper River region. Currently, § 92.31(i) states that the harvest area for the eight eligible communities—Gulkana, Chitina, Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina, and Cantwell—includes GMUs 11 and 13. However, § 92.31(i)(3) later adds GMU 12 as a harvest area for the Copper River Basin communities listed in § 92.31(i). This creates confusion, as one of the communities (Cantwell) is not located in the Copper River Basin. The current language implies that GMUs 11, 12, and 13 are open for the seven Copper River Basin communities, while Cantwell's harvest area is limited to GMUs 11 and 13. However, Cantwell is located north of the Alaska Range, which qualifies it as an “included area” under § 92.5(a). As such, its residents are eligible to harvest birds during the spring-summer season in areas north of the Alaska Range, like GMU 12. To clarify the regulations, we add GMU 12 to the list of GMUs in § 92.31(i) for all eight communities. We also remove § 92.31(i)(3), as it would become redundant following this change and the season date revisions described below.

Third, we modify the season dates within the Upper Copper River region listed in § 92.31(i)(1) and (i)(2). This change will simplify the regulations and better align season dates with bird presence in the region. The Upper Copper River region's harvest area includes GMUs 11, 12, and 13 as described above, but currently the hunting and egg gathering seasons for GMUs 11 and 13 are different from those in GMU 12. The Copper River Migratory Bird Co-Management Council proposed changing the season dates for GMUs 11 and 13 (currently: April 15-May 26 and June 27-August 31; closure: May 27-June 26) to match those in GMU 12 (season: April 2-June 14 and July 16-August 31; egg gathering May 1-June 14 only; closure: June 15-July 15). The change will better align the season dates in GMUs 11 and 13 with the availability of birds in the region and improve alignment of the 30-day nesting closure with the principal nesting period. The change would also simplify regulations for the region by establishing consistent season dates in all three GMUs (11, 12, and 13) and, along with the clarification described above, allows the removal of § 92.31(i)(3).

Harvest of waterfowl and cranes by rural residents within the Upper Copper River/Ahtna Territory region represents less than 0.2 percent of the statewide harvest (Naves and Schamber 2024) and the population of the eight eligible communities in the region represents about 1.3 percent of the statewide population in eligible subsistence harvest areas ( https://live.laborstats.alaska.gov/​landing/​pop-cen.html). In addition, there are no threatened eiders or species of conservation concern ( e.g., emperor geese) present in this region. These factors suggest that any increase in harvest due to these changes is unlikely to have any population level effects. The AMBCC relied on Indigenous Knowledge from the region to substantiate the necessity of adjusting season dates.

On April 9, 2025, the AMBCC recommended an amendment to the regulations to change the season dates for GMUs 11 and 13 in the Upper Copper River region to April 2-June 14 and July 16-August 31; egg gathering May 1-June 14 only; closure: June 15-July 15 to match those in GMU 12. The word “only” is used after the egg gathering season dates to be consistent with the current regulations, e.g., at § 92.31(h) for the Interior region. This regulatory amendment was supported by the Pacific Flyway Council on September 12, 2025, and the SRC on December 16, 2025, and intended for implementation beginning with the 2026 subsistence season.

Compliance With the MBTA and the Endangered Species Act

The Service has dual objectives and responsibilities for authorizing a subsistence harvest while protecting migratory birds and threatened species. Although these objectives are challenging, they are not irreconcilable, provided that: (1) regulations continue to protect threatened species, (2) measures to address documented threats are implemented, and (3) the ( printed page 37339) subsistence community and other conservation partners commit to working together.

Mortality, sickness, and poisoning from lead exposure have been documented in many waterfowl species, including threatened spectacled eiders ( Somateria fischeri) and the Alaska-breeding population of Steller's eiders ( Polysticta stelleri). While lead shot has been banned nationally for waterfowl hunting since 1991, Service staff have documented the availability of lead shot in waterfowl ammunition for sale in communities on the Yukon-Kuskokwim Delta and North Slope. The Service continues to work with partners to increase education, outreach, and enforcement efforts to ensure that subsistence waterfowl hunting is conducted using nontoxic shot.

Conservation Under the MBTA

Based on long-term monitoring of harvest and population size of the migratory bird species taken for subsistence, we find that this final rule will provide for the preservation and maintenance of migratory birds as required by the MBTA. Communication and coordination with the AMBCC and the Pacific Flyway Council have aided in the establishment of hunting regulations to ensure the long-term viability of the migratory birds exposed to harvest.

Endangered Species Act Consideration

Spectacled eiders and the Alaska-breeding population of Steller's eiders are listed as threatened species under the Endangered Species Act of 1973, as amended (ESA, 16 U.S.C. 1531 et seq.). Their migration and breeding distribution overlap with areas where the spring and summer subsistence migratory bird harvest is open in Alaska. However, neither eider species is present in the Upper Copper River region where this final rule applies. In addition, both species are closed to subsistence harvest and under §§ 92.21 and 92.32 the Service may implement emergency closures, if necessary, to protect Steller's eiders or any other endangered or threatened species or migratory bird population.

Section 7 of the ESA requires the Secretary to review other programs administered by the Department of the Interior and utilize such programs in furtherance of the purposes of the ESA. The Secretary is further required to ensure that any action authorized, funded, or carried out by the Department of the Interior is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of critical habitat.

The Service's Alaska Region Migratory Bird Management Program conducted an intra-agency consultation with the Service's Northern Alaska Fish and Wildlife Field Office on the proposed rule (91 FR 11266; March 9, 2026). Given the absence of listed eiders in the action area, a no effect determination was made. Therefore, the Service will not need to issue a letter of concurrence or biological opinion, and we have determined that this rule complies with the ESA.

Immediate Effective Date

This rule takes effect on the date set forth above in DATES . To respect the subsistence hunt of many rural Alaskans, either for their cultural or religious exercise, for providing sustenance, or for acquiring materials for cultural use ( e.g., handicrafts), the Department of the Interior finds that it is in the public interest to make this rule effective as soon as possible. Delaying the effective date for 30 days would have detrimental effects on Alaskans seeking to conduct subsistence harvest of migratory birds. Within the terms of 5 U.S.C. 553(d)(1) of the Administrative Procedure Act (APA), the regulations in 50 CFR part 92 recognize a statutory exemption provided to rural Alaskans for the subsistence harvest of migratory birds. For these reasons, under the authority of the APA and the MBTA, this rule takes effect immediately upon publication in the Federal Register .

Required Determinations

Regulatory Planning and Review (Executive Orders (E.O.s) 12866 and 13563)

E.O. 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. OIRA has determined that this rule is not significant.

E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the Nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. 13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed these revisions to the CFR 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. The regulations at 50 CFR part 92 legalize a preexisting subsistence activity. The commodities that are regulated under these regulations are migratory birds, and the resources harvested are consumed. This final rule makes only modest changes to the current regulations.

Congressional Review Act

This final rule is not a major rule under 5 U.S.C. 804(2), the Congressional Review Act. This final rule:

(a) Would not have an annual effect on the economy of $100 million or more. The regulations at 50 CFR part 92 legalize the subsistence harvest of migratory birds and, as such, do not involve commodities traded in the marketplace. This final rule would not result in a substantial increase in subsistence harvest or a significant change in harvesting patterns.

(b) Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. This final 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 final 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 final 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 final rule would not have a significant or unique effect on local, State, or Tribal governments or the private sector. A statement ( printed page 37340) containing the information required by the Unfunded Mandates Reform Act is not required. Participation on regional management bodies and the Council requires travel expenses for some Alaska Native organizations and local governments. In addition, they assume some expenses related to coordinating involvement of village councils in the regulatory process. Total coordination and travel expenses for all Alaska Native organizations are estimated to be less than $300,000 per year. When funding permits, the Service makes annual grant agreements available to the partner organizations and the ADFG to help offset their expenses. However, this final rule would not revise any regulations pertaining to participation in the regulatory process.

Takings (E.O. 12630)

Under the criteria in E.O. 12630, this final rule would not have significant takings implications. The changes to the regulations at 50 CFR part 92 are not specific to particular landownership but instead apply to the harvesting of migratory bird resources in portions of Alaska. A takings implication assessment is not required.

Federalism (E.O. 13132)

In accordance with E.O. 13132 (Federalism), this final rule does not have significant federalism implications to warrant the preparation of a federalism summary impact statement. The Service worked with the State of Alaska to develop these regulations. Therefore, a federalism summary impact statement is not required.

Civil Justice Reform (E.O. 12988)

The Department, in promulgating this final rule, has determined that it would not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of E.O. 12988.

Government-to-Government Relations With Native American Tribal Governments

In accordance with E.O. 13175 (“Consultation and Coordination with Indian Tribal Governments”), and the Department of the Interior's manual chapters at 512 DM 2, 512 DM 4, and 512 DM 6, we readily acknowledge our responsibility to communicate meaningfully with federally recognized Tribes and Alaska Native Corporations on a government-to-government basis. We sent letters via electronic mail to all 229 federally recognized Indian Tribes in Alaska. Consistent with 512 DM 5 and 512 DM 7, 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 proposed changes to the migratory bird subsistence harvest regulations.

We implemented the amended treaty with Canada with a focus on local involvement. The treaty calls for the creation of management bodies to ensure an effective and meaningful role for Alaska's indigenous inhabitants in the conservation of migratory birds. According to the Letter of Submittal, management bodies are to include Alaska Native, Federal, and State of Alaska representatives as equals. They develop recommendations for, among other things: seasons and bag limits, methods and means of take, law enforcement policies, population and harvest monitoring, educational programs, research and use of traditional knowledge, and habitat protection. The management bodies involve village councils to the maximum extent possible in all aspects of management. To ensure maximum input at the village level, we required each of the 11 participating regions to create regional management bodies consisting of at least one representative from the participating villages. The regional management bodies meet up to twice annually to review and/or submit proposals to the statewide body.

Paperwork Reduction Act of 1995 (PRA)

This final rule does not contain any new collection of information that requires approval by the OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has previously approved the information collection requirements associated with subsistence harvest reporting and assigned the following OMB control numbers:

• Alaska Migratory Bird Subsistence Harvest Household Survey, OMB Control Number 1018-0124 (expires July 31, 2027), and
• Regulations for the Taking of Migratory Birds for Subsistence Uses in Alaska,50 CFR part 92, OMB Control Number 1018-0178 (expires July 31, 2027).

National Environmental Policy Act Consideration (42 U.S.C. 4321 et seq.)

The regulations at 50 CFR part 92 and options are considered in the Finding of No Significant Impact, “Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2026 Spring/Summer Season.” Copies are available online at: https://www.fws.gov/​media/​usfws-finding-no-significant-impact-2026.

Energy Supply, Distribution, or Use (E.O. 13211)

E.O. 13211 requires agencies to prepare statements of energy effects when undertaking certain actions. This final rule is not a significant regulatory action under this E.O.; it allows only for traditional subsistence harvest and improves conservation of migratory birds by allowing effective regulation of this harvest. This final rule would not have any effect on energy supplies, distribution, or use. Therefore, this action is not a significant energy action under Executive Order 13211, and a statement of energy effects is not required.

References Cited

Naves, Liliana C. and Jason L. Schamber. 2024. Harvest of waterfowl and Sandhill Crane in rural Alaska: Geographic and seasonal patterns. PLoS ONE 19(7): e0307135.

U.S. Fish and Wildlife Service. 2025. Waterfowl population status, 2025. U.S. Department of the Interior, Washington, DC USA.

Regulation Promulgation

For the reasons set out in the preamble, the U.S. Fish and Wildlife Service amends 50 CFR part 92 as set forth below:

91 FR 37336