[Federal Register: October 15, 2007 (Volume 72, Number 198)]
[Proposed Rules]
[Page 58274-58279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc07-13]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
RIN 1018-AV53
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2008 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is
publishing migratory bird subsistence harvest regulations in Alaska for
the 2008 season. This proposed rule establishes regulations that
prescribe dates when harvesting of birds may occur, species that can be
taken, and methods and means excluded from use. These regulations were
developed under a Co-management process involving the Service, the
Alaska Department of Fish and Game, and Alaska Native representatives.
These regulations enable the continuation of customary and traditional
subsistence uses of migratory birds in Alaska. 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 go into effect on April 2,
2008, and expire on August 31, 2008.
DATES: Comments on the proposed subsistence harvest regulations for
migratory birds in Alaska must be submitted by December 14, 2007.
ADDRESSES: You may submit comments on this proposed rule by any of the
following methods:
1. U.S. mail or hand delivery: Regional Director, Alaska Region,
U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, AK
99503.
2. Fax: (907) 786-3306.
3. E-mail: ambcc@fws.gov.
4. Federal e-rulemaking portal: http://www.regulations.gov. Follow
the instructions on the site for submitting comments.
FOR FURTHER INFORMATION CONTACT: Fred Armstrong, (907) 786-3887, or
Donna Dewhurst, (907) 786-3499, U.S. Fish and Wildlife Service, 1011 E.
Tudor Road, Mail Stop 201, Anchorage, AK 99503.
SUPPLEMENTARY INFORMATION:
How Do I Find the History of These Regulations?
Background information, including past events leading to this
action, accomplishments since the Migratory Bird Treaties with Canada
and Mexico were amended, and a history addressing conservation issues
can be found in the following Federal Register notices: August 16, 2002
(67 FR 53511); July 21, 2003 (68 FR 43010); April 2, 2004 (69 FR
17318); April 8, 2005 (70 FR 18244); February 28, 2006 (71 FR 10404);
and April 11, 2007 (72 FR 18318). These documents are readily available
at http://alaska.fws.gov/ambcc/regulations.htm.
Why Is This Current Rulemaking Necessary?
This current rulemaking is necessary because the migratory bird
harvest season is closed unless opened, and the regulations governing
subsistence harvest of migratory birds in Alaska are subject to public
review and annual approval. The Alaska Migratory Bird Co-management
Council (Co-management Council) held a meeting in April 2007 to develop
recommendations for changes effective for the 2008 harvest season.
These recommendations were presented to the Service Regulations
Committee (SRC) on August 1 and 2, 2007, and were approved.
This rule proposes regulations for the taking of migratory birds
for subsistence uses in Alaska during 2008. This rule lists migratory
bird species that are proposed to be open or closed to harvest, as well
as proposed season openings and closures by region.
How Will the Service Continue To Ensure That the Subsistence Harvest
Will Not Raise Overall Migratory Bird Harvest?
The Service has an emergency closure provision (Sec. 92.21), so
that if any significant increases in harvest are documented for one or
more species in a region, an emergency closure can be requested and
implemented. 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 (Sec.
92.5). These geographical restrictions opened the initial subsistence
migratory bird harvest to only about 13 percent of Alaska residents.
High-population 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 the
eligible subsistence harvest areas.
Based on petitions requesting inclusion in the harvest, in 2004, we
added 13 additional communities based on criteria set forth in Sec.
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, based on petitions requesting
inclusion. These southeastern communities were Craig, Hydaburg, and
Yakutat, with a combined population of 2,459.
In 2007, we have enacted the Alaska Department of Fish and Game's
(ADF&G) request to expand the Fairbanks North Star Borough excluded
area to include the Central Interior area. This 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. These removed communities reduced the percentage of the State
population included in the subsistence harvest to 13 percent.
Subsistence harvest has been monitored for the past 15 years
through the use of annual household surveys in the most heavily used
subsistence harvest areas, e.g., Yukon/Kuskokwim Delta. Continuation of
this monitoring enables tracking of any major changes or trends in
levels of harvest and user participation after legalization of the
harvest. The Office of Management and Budget (OMB) has approved the
information collection and assigned OMB control number 1018-0124, which
expires on January 31, 2010.
What Birds Will Be Open To Harvest in 2008?
At the request of the North Slope Borough Fish and Game Management
Committee, the Co-management Council recommended continuing into 2008
the provisions originally established in 2005 to allow subsistence use
of yellow-billed loons inadvertently caught in subsistence fishing
(gill) nets on the North Slope. Yellow-billed loons are culturally
important for the Inupiat Eskimo of the North Slope for use in
traditional dance regalia. A maximum of 20 yellow-billed loons may be
caught in 2008 pursuant to this provision. Individual reporting to the
North Slope Borough Department of Wildlife is required by the end of
each season. In
[[Page 58275]]
addition, the North Slope Borough has asked fishermen, through
announcements on the radio and through personal contact, to report all
entanglements of loons to better estimate the levels of injury or
mortality caused by gill nets. In 2006, two yellow-billed loons were
reported taken in fishing nets and an additional one was found alive in
a net and released. This provision, to allow subsistence possession and
use of yellow-billed loons caught in fishing gill nets, is subject to
annual review and renewal by the SRC.
We are proposing to consolidate the lists of birds closed and open
to harvest (currently in Sec. Sec. 92.31 and 92.32, respectively) into
one open list and to move this list to subpart C (permanent regulations
at Sec. 92.22). We would also add the following clarifying statement:
``You may harvest birds or gather eggs from the following species,
listed in taxonomic order, within all included regions. When birds are
listed at the species level, all subspecies existing in Alaska are also
open to harvest. All bird species not listed are closed to harvesting
and egg gathering.'' We excluded some bird species from the list purely
on the basis of current population concerns, and we will reopen the
harvest of these species if their population status improves. This
proposal was requested by the Executive Director of the Alaska
Migratory Bird Co-management Council. By going from two bird lists, an
open list and a closed list, to just an open list, we could save
thousands of dollars per year. Up until now, we have been printing both
lists in the Federal Register each year, at both the proposed and final
rule stage. This action would also clarify and simplify the regulations
as to which bird species can be legally harvested, eliminating the
confusion caused by situations when birds are not listed anywhere but
are illegal to harvest, such as all Passerines.
What Is Proposed for Change in the Region-Specific Regulations for
2008?
We are proposing to remove from the 2006-07 regulation the Special
Area Closure in the Yukon/Kuskokwim Delta Region that included the
goose colonies in Kokechik Bay, Tutakoke River, Kigigak Island Colony,
Baird Peninsula, and Baird Island. This proposal was requested by the
Association of Village Council Presidents. Removal of this Special Area
Closure would make the regulation consistent with the Pacific Flyway
recommendation to place the harvest of brant under a less restrictive
status.
We are proposing to amend the migratory bird harvest seasons for
the Kodiak Archipelago to extend the early season 10 days until June 30
for seabird harvesting (closed period would then be July 1-31), and
remain the same for all other birds. This proposal was requested by the
Kodiak Regional Advisory Council to allow for variations in the nesting
phenology of seabirds, primarily to accommodate egg gathering on the
later-nesting black-legged kittiwakes.
We are proposing to amend the migratory bird harvest seasons for
the Northwest Arctic Region to move the seabird egg-gathering season
start date from July 3 to May 20. This proposal was requested by the
Maniilaq Association to accommodate harvesting of gull eggs, primarily
glaucous, glaucous-winged, mew and Sabine's gulls. Gulls typically
initiate egg laying earlier than other seabirds such as alcids.
We are proposing to add a special brant open season from June 20
through July 5 for the coastline surrounding Wainwright within the
Southern Unit of the North Slope Region. The open area would consist 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 proposal
would allow for harvest of non-nesting, failed nesting, and sub-adult
black brant migrating from western Alaska to their molting areas on the
North Slope. This proposal was requested by the North Slope Borough
Department of Wildlife Management to allow for the continuation of
Wainwright's customary and traditional harvest of brant (non- or failed
nesters and sub-adult) migrating to their molting areas. This would be
a very limited harvest of migrating brant only, to be used for a
traditional celebration after a successful whaling season.
Black brant (Niglingaq) are a very important subsistence resource
to the Wainwright Inupiat. The most concentrated hunting for brant
takes place along the beach as brant migrate in large flocks northward
during the months of May and June. Often people hunting brant and
eiders stay at traditional campsites along the coastline within a day's
travel of Wainwright. One or several families set up tents on the sand
or atop banks and may remain there for several days. Brant hunters may
sit in driftwood blinds on the beach near camp if the birds are flying
overhead, or they may go out onto the ice if birds are flying more
offshore. Much of the brant harvest in June is in preparation for
Nalukataq (blanket toss). Nalukataq is a traditional community feast
and celebration for successful whaling crews, which is usually held
mid-to-late June. At this celebration, one of the main courses served
to the entire community and visiting guests is duck and geese soup.
Black brant is one type of goose that is harvested specifically for the
Nalukataq feast.
Public Availability of Comments
Before including your address, phone number, e-mail 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.
Statutory Authority
We derive our authority to issue these regulations from the
Migratory Bird Treaty Act of 1918, 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 12866
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following:
(1) Are the requirements in the rule clearly stated?
(2) Does the rule contain technical language or jargon that
interferes with its clarity?
(3) Does the format of the rule (grouping and order of sections,
use of headings, paragraphing, etc.) aid or reduce its clarity?
(4) Would the rule be easier to understand if it were divided into
more (but shorter) sections?
(5) Is the description of the rule in the ``Supplementary
Information'' section of the preamble helpful in understanding the
rule?
(6) What else could we do to make the rule easier to understand?
Send a copy of any comments regarding how we could make this rule
easier to understand to: Office of
[[Page 58276]]
Regulatory Affairs, Department of the Interior, Room 7229, 1849 C
Street NW., Washington, DC 20240. You may also e-mail the comments to
this address: Exsec@ios.doi.gov.
OMB has determined that this document is not a significant rule
subject to OMB review under Executive Order 12866.
(a) This rule will not have an annual economic effect of $100
million or more or adversely affect an economic sector, productivity,
jobs, the environment, or other units of government. The rule does not
provide for new or additional hunting opportunities, and therefore,
will have minimal economic or environmental impact. This rule benefits
those participants who engage in the subsistence harvest of migratory
birds in Alaska in two identifiable ways: First, participants receive
the consumptive value of the birds harvested; and second, participants
get the cultural benefit associated with the maintenance of a
subsistence economy and way of life. The Service can estimate the
consumptive value for birds harvested under this rule but does not have
a dollar value for the cultural benefit of maintaining a subsistence
economy and way of life.
The economic value derived from the consumption of the harvested
migratory birds has been estimated using the results of a paper by
Robert J. Wolfe titled ``Subsistence Food Harvests in Rural Alaska, and
Food Safety Issues'' (August 13, 1996). Using data from Wolfe's paper
and applying it to the areas that will be included in this process, we
determined a maximum economic value of $6 million. This is the
estimated economic benefit of the consumptive part of this rule for
participants in subsistence hunting. The cultural benefits of
maintaining a subsistence economy and way of life can be of
considerable value to the participants, and these benefits are not
included in this figure.
(b) This rule will not create inconsistencies with other agencies'
actions. We are the Federal agency responsible for the management of
migratory birds, and coordinate with the State of Alaska's Department
of Fish and Game on management programs within Alaska. The State of
Alaska is a member of the Alaska Migratory Bird Co-management Council.
(c) This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
The rule does not affect entitlement programs.
(d) This rule will not raise novel legal or policy issues. The
subsistence harvest regulations will go through the same national
regulatory process as the existing migratory bird hunting regulations
in 50 CFR part 20.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic effect on a substantial number of small
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). An initial regulatory flexibility analysis is not required.
Accordingly, a Small Entity Compliance Guide is not required. The rule
legalizes a pre-existing subsistence activity, and the resources
harvested will be consumed by the harvesters or persons within their
local community.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act, as discussed in the
Executive Order 12866 section above.
(a) This rule will not have an annual effect on the economy of $100
million or more. It will legalize and regulate a traditional
subsistence activity. It will not result in a substantial increase in
subsistence harvest or a significant change in harvesting patterns. The
commodities being regulated under this rule are migratory birds. This
rule deals with legalizing the subsistence harvest of migratory birds
and, as such, does not involve commodities traded in the marketplace. A
small economic benefit from this rule derives from the sale of
equipment and ammunition to carry out subsistence hunting. Most, if not
all, businesses that sell hunting equipment in rural Alaska would
qualify as small businesses. We have no reason to believe that this
rule will lead to a disproportionate distribution of benefits.
(b) This rule will not cause a major increase in costs or prices
for consumers; individual industries; Federal, State, or local
government agencies; or geographic regions. This rule does not deal
with traded commodities and, therefore, does not have an impact on
prices for consumers.
(c) This rule does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This rule deals with the harvesting of wildlife for
personal consumption. It does not regulate the marketplace in any way
to generate effects on the economy or the ability of businesses to
compete.
Unfunded Mandates Reform Act
We have determined and certified pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1501 et seq.) that this rule will not impose a
cost of $100 million or more in any given year on local, State, or
tribal governments or private entities. A statement containing the
information required by this Act is therefore not necessary.
Participation on regional management bodies and the Co-management
Council will require travel expenses for some Alaska Native
organizations and local governments. In addition, they will 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 the Notice of Decision (65 FR 16405; March 28, 2000), we
identified 12 partner organizations (Alaska Native non-profits and
local governments) to administer the regional programs. The Alaska
Department of Fish and Game will also incur expenses for travel to Co-
management Council and regional management body meetings. In addition,
the State of Alaska will be required to provide technical staff support
to each of the regional management bodies and to the Co-management
Council. Expenses for the State's involvement may exceed $100,000 per
year, but should not exceed $150,000 per year. When funding permits, we
make annual grant agreements available to the partner organizations and
the Alaska Department of Fish and Game to help offset their expenses.
Paperwork Reduction Act
This rule has been examined under the Paperwork Reduction Act of
1995 and has been found to contain no information collection
requirements. We have, however, received OMB approval of associated
voluntary annual household surveys used to determine levels of
subsistence take. The OMB control number for the information collection
is 1018-0124, which expires on January 31, 2010. 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.
Federalism Effects
As discussed in the Executive Order 12866 and Unfunded Mandates
Reform Act sections above, this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment under Executive
[[Page 58277]]
Order 13132. We worked with the State of Alaska on development of these
regulations.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this rule, has determined that it
will not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Takings Implication Assessment
This rule is not specific to particular land ownership, but applies
to the harvesting of migratory bird resources throughout Alaska.
Therefore, in accordance with Executive Order 12630, this rule does not
have significant taking implications.
Government-to-Government Relations With Native American Tribal
Governments
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations With Native American Tribal
Governments'' (59 FR 22951), and Executive Order 13175 (65 FR 67249;
November 6, 2000), concerning consultation and coordination with Indian
Tribal Governments, we have consulted with Alaska tribes and evaluated
the rule for possible effects on tribes or trust resources, and have
determined that there are no significant effects. The rule will legally
recognize the subsistence harvest of migratory birds and their eggs for
tribal members, as well as for other indigenous inhabitants.
Endangered Species Act Consideration
Prior to issuance of annual spring and summer subsistence
regulations, we will comply with the requirments of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536; hereinafter the Act) to
ensure that these regulations are not likely to jeopardize the
continued existence of any species listed as endangered or threatened,
or destroy or adversely modify any designated critical habitats for
such species, and that they are consistent with conservation programs
for those species. Consultations under Section 7 of the Act conducted
in connection with the environmental assessment 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 for public inspection at the address
indicated under the caption ADDRESSES.
National Environmental Policy Act Consideration
The annual regulations and options were considered in the
Environmental Assessment, ``Managing Migratory Bird Subsistence Hunting
in Alaska: Hunting Regulations for the 2008 Spring/Summer Harvest,''
issued August 15, 2007. Copies are available from the address indicated
under the caption ADDRESSES.
Energy Supply, Distribution, or Use (Executive Order 13211)
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. Because this rule
would allow only for traditional subsistence harvest and would improve
conservation of migratory birds by allowing effective regulation of
this harvest, it is not a significant regulatory action under Executive
Order 12866. Consequently, it is not expected to significantly affect
energy supplies, distribution, and use. Therefore, this action is not a
significant energy action under Executive Order 13211 and no Statement
of Energy Effects is required.
List of Subjects in 50 CFR Part 92
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Subsistence, Treaties, Wildlife.
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
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
2. In subpart C, add Sec. 92.22 to read as follows:
Sec. 92.22 Subsistence migratory bird species.
You may harvest birds or gather eggs from the following species,
listed in taxonomic order, within all included areas except Southeast
Alaska, which is restricted to Glaucous-winged gull egg harvesting
only. When birds are listed at the species level, all subspecies
existing in Alaska are also open to harvest. All bird species not
listed are closed to harvesting and egg gathering.
(a) Family Anatidae.
(1) Greater White-fronted Goose (Anser albifrons).
(2) Snow Goose (Chen caerulescens).
(3) Lesser Canada Goose (Branta canadensis parvipes).
(4) Taverner's Canada Goose (Branta canadensis taverneri).
(5) Aleutian Canada Goose (Branta canadensis leucopareia)--except
in the Semidi Islands.
(6) Cackling Canada Goose (Branta canadensis minima)--except no egg
gathering is permitted.
(7) Black Brant (Branta bernicla nigricans)--except no egg
gathering is permitted in the Yukon/Kuskokwim Delta and the North Slope
regions.
(8) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and 10.
(9) Gadwall (Anas strepera).
(10) Eurasian Wigeon (Anas penelope).
(11) American Wigeon (Anas americana).
(12) Mallard (Anas platyrhynchos).
(13) Blue-winged Teal (Anas discors).
(14) Northern Shoveler (Anas clypeata).
(15) Northern Pintail (Anas acuta).
(16) Green-winged Teal (Anas crecca).
(17) Canvasback (Aythya valisineria).
(18) Redhead (Aythya americana).
(19) Ring-necked Duck (Aythya collaris).
(20) Greater Scaup (Aythya marila).
(21) Lesser Scaup (Aythya affinis).
(22) King Eider (Somateria spectabilis).
(23) Common Eider (Somateria mollissima).
(24) Harlequin Duck (Histrionicus histrionicus).
(25) Surf Scoter (Melanitta perspicillata).
(26) White-winged Scoter (Melanitta fusca).
(27) Black Scoter (Melanitta nigra).
(28) Long-tailed Duck (Clangula hyemalis).
(29) Bufflehead (Bucephala albeola).
(30) Common Goldeneye (Bucephala clangula).
(31) Barrow's Goldeneye (Bucephala islandica).
(32) Hooded Merganser (Lophodytes cucullatus).
(33) Common Merganser (Mergus merganser).
(34) Red-breasted Merganser (Mergus serrator).
(b) Family Gaviidae.
(1) Red-throated Loon (Gavia stellata).
(2) Arctic Loon (Gavia arctica).
(3) Pacific Loon (Gavia pacifica).
(4) Common Loon (Gavia immer).
(5) Yellow-billed Loon (Gavia adamsii)--In the North Slope Region
[[Page 58278]]
only, a total of up to 20 yellow-billed loons inadvertently caught in
fishing nets may be kept for subsistence purposes.
(c) Family Podicipedidae.
(1) Horned Grebe (Podiceps auritus).
(2) Red-necked Grebe (Podiceps grisegena).
(d) Family Procellariidae.
(1) Northern Fulmar (Fulmarus glacialis).
(2) [Reserved].
(e) Family Phalacrocoracidae.
(1) Double-crested Cormorant (Phalacrocorax auritus).
(2) Pelagic Cormorant (Phalacrocorax pelagicus).
(f) Family Gruidae.
(1) Sandhill Crane (Grus canadensis).
(2) [Reserved].
(g) Family Charadriidae.
(1) Black-bellied Plover (Pluvialis squatarola).
(2) Common Ringed Plover (Charadrius hiaticula).
(h) Family Haematopodidae.
(1) Black Oystercatcher (Haematopus bachmani).
(2) [Reserved].
(i) Family Scolopacidae.
(1) Greater Yellowlegs (Tringa melanoleuca).
(2) Lesser Yellowlegs (Tringa flavipes).
(3) Spotted Sandpiper (Actitis macularia).
(4) Bar-tailed Godwit (Limosa lapponica).
(5) Ruddy Turnstone (Arenaria interpres).
(6) Semipalmated Sandpiper (Calidris pusilla).
(7) Western Sandpiper (Calidris mauri).
(8) Least Sandpiper (Calidris minutilla).
(9) Baird's Sandpiper (Calidris bairdii).
(10) Sharp-tailed Sandpiper (Calidris acuminata).
(11) Dunlin (Calidris alpina).
(12) Long-billed Dowitcher (Limnodromus scolopaceus).
(13) Common Snipe (Gallinago gallinago).
(14) Red-necked phalarope (Phalaropus lobatus).
(15) Red phalarope (Phalaropus fulicaria).
(j) Family Laridae.
(1) Pomarine Jaeger (Stercorarius pomarinus).
(2) Parasitic Jaeger (Stercorarius parasiticus).
(3) Long-tailed Jaeger (Stercorarius longicaudus).
(4) Bonaparte's Gull (Larus philadelphia).
(5) Mew Gull (Larus canus).
(6) Herring Gull (Larus argentatus).
(7) Slaty-backed Gull (Larus schistisagus).
(8) Glaucous-winged Gull (Larus glaucescens).
(9) Glaucous Gull (Larus hyperboreus).
(10) Sabine's Gull (Xema sabini).
(11) Black-legged Kittiwake (Rissa tridactyla).
(12) Red-legged Kittiwake (Rissa brevirostris).
(13) Ivory Gull (Pagophila eburnea).
(14) Arctic Tern (Sterna paradisaea).
(15) Aleutian Tern (Sterna aleutica).
(k) Family Alcidae.
(1) Common Murre (Uria aalge).
(2) Thick-billed Murre (Uria lomvia).
(3) Black Guillemot (Cepphus grylle).
(4) Pigeon Guillemot (Cepphus columba).
(5) Cassin's Auklet (Ptychoramphus aleuticus).
(6) Parakeet Auklet (Aethia psittacula).
(7) Least Auklet (Aethia pusilla).
(8) Whiskered Auklet (Aethia pygmaea).
(9) Crested Auklet (Aethia cristatella).
(10) Rhinoceros Auklet (Cerorhinca monocerata).
(11) Horned Puffin (Fratercula corniculata).
(12) Tufted Puffin (Fratercula cirrhata).
(l) Family Strigidae.
(1) Great Horned Owl (Bubo virginianus).
(2) Snowy Owl (Nyctea scandiaca).
Subpart D--Annual Regulations Governing Subsistence Harvest
3. In subpart D, revise Sec. 92.31 to read as follows:
Sec. 92.31 Region-specific regulations.
The 2008 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 (Aleut 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 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 local
subsistence users, 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 and posted in
village post offices and stores.
(3) Special Black Brant and Cackling 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 and
posted in village post offices and stores.
(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, 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 Larson Bay. 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.
[[Page 58279]]
(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 9 and August 15-August 31 (hunting in
general); waterfowl egg gathering May 20-June 9 only; seabird egg
gathering May 20-July 12 only; hunting molting/non-nesting waterfowl
July 1-July 31 only.
(2) Closure: June 10-August 14, 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 would consist 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 6-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 may be caught inadvertently in
subsistence fishing nets in the North Slope Region and kept for
subsistence use. Individuals must report each yellow-billed loon
inadvertently caught while subsistence gill net fishing to the North
Slope Borough Department of Wildlife Management by the end of the
season.
(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: State of Alaska 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 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 (Harvest area: 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) Kachemak Bay Area (Harvest area: 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 Unit 16[B] as specified
below) (Eligible communities: Tyonek only).
(1) Season: April 2-May 31--That portion of Unit 16(B) south of the
Skwentna River and west of the Yentna River, and August 1-31--That
portion of 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 100.3].
(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 Pt.
Riou], and coastal lands and islands bordering the Gulf of Alaska from
Pt. Manby southeast to Dry Bay).
(i) Season: Glaucous-winged gull egg gathering only: May 15-June
30.
(ii) Closure: July 1-August 31.
Sec. Sec. 92.32 and 92.33 [Removed and Reserved]
4. Remove and reserve Sec. Sec. 92.32 and 92.33.
Dated: September 24, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E7-20243 Filed 10-12-07; 8:45 am]
BILLING CODE 4310-55-P
