Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2007 Season, 18318-18325 [E7-6667]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Rules and Regulations]
[Pages 18318-18325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6667]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 92



Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for 
Migratory Birds in Alaska During the 2007 Season; Final Rule

Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

RIN 1018-AU59


Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations 
for Migratory Birds in Alaska During the 2007 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is 
publishing harvest regulations for migratory bird subsistence hunting 
in Alaska for the 2007 season. This final rule establishes regulations 
that prescribe frameworks, or outer limits, for dates when harvesting 
of birds may occur, species that can be taken, and methods and means 
that are 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 
provide a framework to 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 establishes regulations that go into effect on 
April 2, 2007, and expire on August 31, 2007.

DATES: The amendments to subpart C of 50 CFR part 92 become effective 
May 11, 2007. The amendments to subparts A and D of 50 CFR part 92 are 
effective April 11, 2007, through August 31, 2007.

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: 

Background

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 of 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), and February 28, 2006 (71 FR 
10404). These documents are readily available at https://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 Co-management Council held a meeting in 
April 2006 to develop recommendations for changes effective for the 
2007 harvest season. These recommendations were presented to the 
Service Regulations Committee (SRC) on July 26 and 27, 2006, and were 
approved.
    On December 13, 2006, we published in the Federal Register (71 FR 
75061) a proposed rule to establish spring/summer migratory bird 
subsistence harvest regulations in Alaska for the 2007 subsistence 
season. The proposed rule provided for a public comment period of 60 
days.
    This rule finalizes regulations for the taking of migratory birds 
for subsistence uses in Alaska during 2007. This rule lists migratory 
bird species that are open or closed to harvest, as well as season 
openings and closures by region, and a change to the Fairbanks North 
Star Borough excluded area. It also describes a change in the methods 
and means of taking migratory birds for subsistence purposes.

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 (50 CFR 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 (50 
CFR 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 the five criteria set forth in 
50 CFR 92.5(c). These communities included: Gulkana, Gakona, Tazlina, 
Copper Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, 
Port Graham and Nanwalek, Tyonek, and Hoonah, with populations totaling 
2,766. In 2005, we added three additional communities for glaucous-
winged gull egg gathering only, based on petitions requesting 
inclusion. These southeastern communities included Craig, Hydaburg, and 
Yakutat, with a combined population of 2,459. These new communities 
increased the percentage of the State population included in the 
subsistence bird harvest to 14 percent.
    In this rule, we have enacted the Alaska Department of Fish and 
Game's (ADFG) request to expand the Fairbanks North Star Borough 
excluded area to the Central Interior excluded area comprising the 
following: That portion of Unit 20(A) east of the Wood River drainage 
and south of Rex Trail, including the upper Wood River drainage south 
of its confluence with Chicken Creek; that portion of Unit 20(C) east 
of Denali National Park north to Rock Creek and east to Unit 20(A); and 
that portion of Unit 20(D) west of the Tanana River between its 
confluence with the Johnson and Delta Rivers, west of the east bank of 
the Johnson River, and north and west of the Volmar drainage, including 
the Goodpaster River drainage.
    The purpose of the excluded area's expansion is to prevent new 
traditions and increased harvest levels that could result from 
inclusion of communities that have not traditionally hunted migratory 
birds in the spring and summer for subsistence. Specifically, this 
regulation would exclude residents of Delta Junction/Big Delta/Fort 
Greely, McKinley Park/Village, Healy and Ferry from eligibility to 
participate in spring/summer migratory bird subsistence hunts. There is 
no evidence that there has been a tradition of spring/summer 
subsistence migratory bird hunting in the excluded area. ADFG also 
cited the action by the Alaska Joint Boards of Fisheries and Game in 
1992 creating the Fairbanks Non-subsistence area as additional 
rationale for this regulation. The report focused on a socio-economic 
study that was conducted to determine whether or not subsistence traits 
existed in the Fairbanks region to justify it being considered a 
subsistence eligible area. The summary report recommended the

[[Page 18319]]

Fairbanks area be considered a nonsubsistence use area. The study was 
based on the application of 12 socio-economic factors to each community 
to determine whether or not subsistence-related traits existed.
    In addition, we clarified the definition of excluded areas to 
explain that persons living in excluded areas are not eligible to 
participate in the Alaska spring/summer subsistence harvest and that 
the excluded area is closed to harvesting.

What Is Changing in the Methods and Means Prohibitions for 2007?

    When we established the initial methods and means regulations (68 
FR 43010, July 21, 2003), we followed the Co-management Council 
recommendation to adopt those existing methods and means prohibitions 
that occur in the Federal (50 CFR 20.21) and Alaska (5AAC92.100) 
migratory bird hunting regulations and that do not conflict with the 
customary and traditional methods of taking birds. In this rule, we 
have incorporated the ADFG's request to prohibit baiting and shooting 
over a baited area (Statewide).

What Is Changing in the List of Birds Open to Harvest for 2007?

    At the request of the North Slope Borough Fish and Game Management 
Committee, the Co-management Council recommended continuing into 2007 
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 2007 pursuant to this provision. The North Slope Borough 
Department of Wildlife requires individuals to report their take of 
yellow-billed loons by the end of each season. In 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, four 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.

Summary of Public Involvement

    On December 13, 2006, we published in the Federal Register (71 FR 
75061) a proposed rule to establish spring/summer migratory bird 
subsistence harvest regulations in Alaska for the 2007 subsistence 
season. The proposed rule provided for a public comment period of 60 
days. We posted an announcement of the comment period dates for the 
proposed rule, as well as the rule itself and related historical 
documents, on the Council's internet homepage. We issued a press 
release announcing our request for public comments and the pertinent 
deadlines for such comments, which was faxed to the media Statewide. By 
the close of the public comment period on February 12, 2007, we had 
received written responses from three entities. Two of the responses 
were from individuals and one from a non-governmental organization.

Response to Public Comments

General Comments

    One general comment was received on the overall regulations by 
expressing strong opposition to the concept of allowing any harvest of 
migratory birds in Alaska.
    Service Response: For centuries, indigenous inhabitants of Alaska 
have harvested migratory birds for subsistence purposes during the 
spring and summer months. The Canada and Mexico migratory bird treaties 
were recently amended for the express purpose of allowing subsistence 
hunting for migratory birds during the spring and summer and clearly 
contemplate that the Service would issue regulations allowing such 
hunting as provided in the Migratory Bird Treat Act, 16 U.S.C. 712(1). 
See Statutory Authority section for more details.
    The Preamble of the Protocol amending the Canada Treaty states one 
of its goals is to allow a traditional subsistence hunt while also 
improving conservation of migratory birds through effective regulation 
of this hunt. In addition, the Preamble notes that, by sanctioning a 
traditional subsistence hunt, the Parties do not intend to cause 
significant increases in the take of migratory birds, relative to their 
continental population sizes, compared to the take that is presently 
occurring. Any such increase in take as a result of the types of 
hunting provided for in the Protocol would be inconsistent with the 
Convention. If at some point the subsistence harvest regulations result 
in increased harvest, management strategies will be implemented to 
ensure maintenance of continental populations.

How Will the Service Continue To Ensure That the Subsistence Harvest 
Will Not Raise Overall Migratory Bird Harvest?

    Two comments were received regarding passage of a request to expand 
the Fairbanks North Star Borough excluded area to the Central Interior 
excluded area, which would exclude residents of Delta Junction/Big 
Delta/Fort Greely, McKinley Park/Village, Healy and Ferry from 
eligibility to participate in spring/summer migratory bird subsistence 
hunts. The expansion mirrors the current State of Alaska Fairbanks Non-
subsistence Use Area boundaries. One commenter expressed support of 
expansion of the excluded area, stating that there is no evidence of a 
tradition of spring/summer subsistence hunting within the area. Another 
commenter brought up the question of whether due process was followed 
in the decision making process to take away the subsistence rights of 
the subsistence users in this area. The commenter further questions if 
all means (example: radio, television, local paper, State paper, 
flyers, meeting etc.) were exhausted in notifying the public 
(community) to weigh in on this issue involving taking away their 
subsistence right to hunt waterfowl. The commenter asks why other 
options were not brought to the table, such as alternate means of 
management including quotas or bag limits. The commenter also asks if 
there were any biological studies reflecting a negative impact on the 
waterfowl harvested in the area.
    Service Response: A process for petitioning to exclude a community 
was approved by the Co-management Council on April 6, 2006. The 
approval process starts with petitions to exclude communities being 
sent to the Co-management Council during the November 1-December 15 
open submission period. A petition should address the five criteria 
listed in 50 CFR 92.5(c). Upon submission, the petition will follow the 
normal review process outlined for regulatory proposals, including 
review by the Co-management Council's Technical Committee and petition 
dispersal to the regional management bodies for their review and 
recommendation(s). The affected regions are then responsible to conduct 
public meetings in the affected communities, after appropriate public 
notice.
    In a public meeting held in Anchorage on April 6, 2006, the Co-
management Council voted to recommend approval of the proposal to 
expand the Fairbanks North Star Borough excluded area and re-named it 
the Central Interior

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excluded area. Justification to proceed was based on the fact that 
there is no evidence that there has been a tradition of spring and 
summer hunting of migratory birds in the proposed excluded area. The 
proposal cited previous action by the Alaska Joint Boards of Fisheries 
and Game in 1992 creating the Fairbanks Non-subsistence area as 
rationale for this regulation. The report focused on a socio-economic 
study that was conducted to determine whether or not subsistence traits 
existed in the Fairbanks region to justify it being considered a 
subsistence eligible area. The summary report recommended the Fairbanks 
area be considered a non-subsistence use area. The study was based on 
the application of 12 socio-economic factors to each community to 
determine whether or not subsistence-related traits existed. The Joint 
Boards of Fisheries and Game unanimously approved the non-subsistence 
use area.
    To address the commenter's concern about public notification, we 
offer the following: The issue of excluding communities in the Interior 
of Alaska is not a new issue. Since the inception of the Co-management 
Council, we have had several proposals to expand or exclude either the 
Interior region or communities from participating in the spring and 
summer harvest of migratory birds in Alaska. The first year, a proposal 
was submitted to exclude several communities including Delta Junction, 
Tok, and other communities located on the Alaska Highway. At that time, 
the Co-management Council rejected the proposal based on the fact that 
there was no process or criteria for excluding communities or regions 
from participation in the spring/summer program. The second year, a 
proposal was submitted to exclude the agricultural fields located on 
the Alaska Highway that were the focus of the problem encountered by 
farmers and hunters. That proposal was rejected based on the fact that 
the regional management partner had not held any regional meetings to 
vet the proposal.
    The Co-management Council is required by its by-laws to publicize 
the meetings 30 days prior to the meetings in a public newspaper. We 
also post the notices, draft agendas, and proposals on our website, 
which is available to anyone with internet access. The Co-management 
Council also utilizes the Service's Alaska Region External Affairs 
distribution system, which disseminates public notices to more than 40 
newspaper and radio/television stations in Alaska, to invite public 
participation in the Co-management Council Meetings. The Co-management 
Council provides ample opportunity during their meetings for people to 
comment and voice their concerns. Potential closing of the region to 
subsistence bird hunting has been discussed at the local Fish and Game 
Advisory Committee meetings, which are open to the public.
    We also send Federal Register publications to the various 
conservation system units in Alaska, including the National Wildlife 
Refuge system in Alaska, the National Park Service, the Bureau of Land 
Management, and other conservation-oriented programs in Alaska.
    Finally, the Co-management Council produces on an annual basis a 
user-friendly version of the regulations. This handbook is developed 
annually and dispersed to more than 26,000 households in eligible 
communities in Alaska. The handbooks reflect current regional and 
Statewide regulations as well as changes for the upcoming season.
    The commenter asked if other management options, such as bag limits 
or quotas, were brought to the table for discussion prior to this 
exclusion decision. The options of going to bag limits or quotas were 
not discussed formally at the Co-management Council level. Relative to 
this proposal, however, these ideas have been discussed in other 
settings, and because of the spirit and intent of legitimizing the 
spring and summer harvest, such as sharing and passing down of customs 
and traditions, the notion of bag limits was dismissed because it did 
not fit into the local traditions of harvesting and sharing with others 
in a community. A parallel proposal, to close subsistence migratory 
bird hunting in a portion of the agricultural fields in Unit 20(D) for 
August 15-31 of each year, was brought forward and tabled for one year. 
The Co-management Council on April 6, 2006, opted to support ADFG's 
exclusion proposal instead of the option of a seasonal closure of the 
agricultural fields.
    The commenter asked if there were any biological studies reflecting 
a negative impact on the waterfowl harvested in the area. Neither the 
Service nor ADFG has conducted any formal studies of the effects of 
spring/summer subsistence migratory bird hunting in the expanded 
exclusion area on either the local or nationwide waterfowl species 
populations. The Service has not conducted subsistence migratory bird 
harvest surveys of the communities that will be excluded under the 
exclusion area expansion during the 4 years of legal harvest (2003-06).

What Is Changing on the List of Birds Open to Harvest for 2007?

    One comment was received stating continued opposition to 
maintaining 15 species of conservation concern on the list of birds 
open to harvest for 2007. These 15 species included: brant (Banta 
bernicula), king and common eiders (Somateria spectabilis and 
millissma), black scoter (Melanitta nigra), long-tailed duck (Clangula 
hyemalis), red-throated and yellow-billed loons (Gavia stellata and 
adamsii), black oystercatcher (Haematopus bachmani), bar-tailed godwit 
(Limosa lapponica), ruddy turnstone (Arenaria interpres), dunlin 
(Calidris alpine), red-legged kittiwake (Rissa brevirostris), Arctic 
and Aleutian terns (Sterna paradisaea and aleutica), and whiskered 
auklet (Aethia pygmaea).
    Service Response: The Service originally addressed the Birds of 
Conservation Concern relative to the subsistence harvest starting in 
July 2003, with a final decision published in the April 2, 2004, 
Federal Register (69 FR 17318). The Birds of Conservation Concern list 
does not include waterfowl species, so the first five species listed in 
the comment were not addressed. Brant population trends were 
extensively discussed in 2005 and 2006, and regional closures were put 
in place starting in the 2006 season (71 FR 10404; February 28, 2006).
    If the commentor desires to pursue subsistence harvest restrictions 
on the bird species listed above, the commenter could submit one or 
more formal proposals to change harvest regulations during the annual 
open period of November 1-December 15, 2007. The proposal(s) should 
include any new and updated species population data that would justify 
a change in the original Service decisions. The Co-management Council 
is a Co-management system comprised of Alaska Natives, and State and 
Federal representatives, acting as equals, that provide recommendations 
to the SRC on conservation issues relative to the subsistence harvest 
of migratory birds in Alaska.
    One commenter requested that ivory gulls (Pagophila eburnea) be 
removed from the List of Birds Open to Harvest in 2007. The documented 
population decline was cited as justification as well as the recent 
recommendation to list the species as endangered by the Committee on 
the Status of Endangered Wildlife in Canada.
    Service Response: Ivory gulls are spring and fall migrants along 
Alaska's North Slope and northern Bering Sea. A similar concern was 
raised in comments

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on the 2004 proposed rule (69 FR 17318; April 2, 2004), but no formal 
proposals have ever been submitted for closure. Ivory gulls are not on 
the Birds of Conservation Concern list on any scale, because the list 
does not include casual migrants/non-breeders. We will continue to 
monitor circumpolar management recommendations and species population 
trends. The Arctic Council's Conservation of Arctic Flora and Fauna-
Circumpolar Seabird Working Group will be completing an Ivory Gull 
Conservation Strategy in 2007 that will document this bird's current, 
global population status and identify conservation issues. Proposals to 
remove ivory gulls from the 2009 harvest regulations may be submitted 
during the annual open period of November 1-December 15, 2007.

Statutory Authority

    We derive our authority to issue these regulations from the 
Migratory Bird Treaty Act, 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.''

Executive Order 12866

    The Office of Management and Budget (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 annually. 
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, coordinating 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 March 28, 2000, Notice of Decision (65 FR 16405), we 
identified 12 partner organizations (Alaska Native non-profits and 
local governments) to administer the regional programs. The ADFG 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

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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 ADFG 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 information collection requirements. 
The Office of Management and Budget (OMB) has approved the collection 
of information associated with the voluntary annual household surveys 
that we use to determine levels of subsistence take. OMB has assigned 
OMB control number 1018-0124, which expires on January 31, 2010. We 
estimate the annual burden for this information collection to be 4,156 
hours. We will seek OMB approval for other necessary information 
collections contained in 50 CFR part 92. 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 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 takings 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

    Section 7 of the Endangered Species Act, as amended (16 U.S.C. 
1531-1543; 87 Stat. 884), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of the Act'' and shall ``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. * * *'' Consequently, we consulted with the 
Anchorage Fish and Wildlife Field Office of the Service to ensure that 
actions resulting from these regulations would not likely jeopardize 
the continued existence of spectacled or Steller's eiders or result in 
the destruction or adverse modification of their critical habitat. 
Findings from this consultation are included in the Biological Opinion 
on the Effects of the Proposed 2007 Spring and Summer Subsistence 
Harvest of Birds on the Threatened Steller's and Spectacled Eiders 
(dated March 30, 2007). The consultation concluded that the 2007 
regulations are not likely to jeopardize the continued existence of 
either the Steller's or spectacled eider. Additionally, any 
modifications resulting from this consultation to regulatory measures 
previously proposed are reflected in this final rule.

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 2007 Spring/Summer Harvest,'' 
issued August 15, 2006. 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 13211. 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.


0
For the reasons set out in the preamble, we amend title 50, chapter I, 
subchapter G, of the Code of Federal Regulations as follows:

PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA

0
1. The authority citation for part 92 continues to read as follows:

     Authority: 16 U.S.C. 703-712.

Subpart A--General Provisions

0
2. In subpart A, amend Sec.  92.5 by:
0
a. Removing paragraph (a)(3); and
0
b. Revising the introductory text and paragraphs (a)(1), (a)(2) 
introductory text, (a)(2)(iv), and (b).


Sec.  92.5  Who is eligible to participate?

    If you are a permanent resident of a village within a subsistence 
harvest area, you will be eligible to harvest migratory birds and their 
eggs for subsistence purposes during the applicable periods specified 
in subpart D of this part.
    (a) * * *
    (1) Any person may request the Co-management Council to recommend 
that an otherwise included area be excluded by submitting a petition 
stating how the area does not meet the criteria identified in paragraph 
(c) of this section. The Co-management Council will forward petitions 
to the appropriate regional management body. The Co-management Council 
will then consider each petition and will submit to the Service any 
recommendations to exclude areas from the spring and summer subsistence

[[Page 18323]]

harvest. The Service will publish any approved recommendations for 
public comment in the Federal Register.
    (2) Based on petitions for inclusion recommended by the Co-
management Council, the Service has added the following communities to 
the included areas under this part:
* * * * *
    (iv) Southeast Alaska Region--Hoonah, Craig, Hydaburg, and Yakutat.
    (b) Excluded areas. Excluded areas are not subsistence harvest 
areas and are closed to harvest. Residents of excluded areas are not 
eligible persons as defined in Sec.  92.4. Communities located within 
the excluded areas provided in paragraphs (b)(2) and (b)(3) of this 
section may petition the Co-management Council through their regional 
management body for designation as a spring and summer subsistence 
harvest area. The petition must state how the community meets the 
criteria identified in paragraph (c) of this section. The Co-management 
Council will consider each petition and will submit to the Service any 
recommendations to designate a community as a spring and summer 
subsistence harvest area. The Service will publish any approved new 
designations of communities for public comment in the Federal Register. 
Excluded areas consist of the following:
    (1) All areas outside of Alaska.
    (2) Village areas located in Anchorage, the Matanuska-Susitna 
Borough, the Kenai Peninsula roaded area, the Gulf of Alaska roaded 
area, Southeast Alaska, and the Central Interior Excluded Area as 
described in paragraph (b)(3) of this section generally do not qualify 
for a spring and summer harvest.
    (3) The Central Interior Excluded Area comprises the following: 
That portion of Unit 20(A) east of the Wood River drainage and south of 
Rex Trail, including the upper Wood River drainage south of its 
confluence with Chicken Creek; that portion of Unit 20(C) east of 
Denali National Park north to Rock Creek and east to Unit 20(A); and 
that portion of Unit 20(D) west of the Tanana River between its 
confluence with the Johnson and Delta Rivers, west of the east bank of 
the Johnson River, and north and west of the Volmar drainage, including 
the Goodpaster River drainage. The following communities are within the 
Excluded Area: Delta Junction/Big Delta/Fort Greely, McKinley Park/
Village, Healy, Ferry, and all residents of the formerly named 
Fairbanks North Star Borough Excluded Area.
* * * * *

Subpart C--General Regulations Governing Subsistence Harvest

0
3. In subpart C, amend Sec.  92.20 by:
0
a. Removing ``or'' from the end of paragraph (i);
0
b. Removing the period from, and adding in its place ``; or'' at, the 
end of paragraph (j); and
0
c. Adding a new paragraph (k) to read as set forth below.


Sec.  92.20  Methods and means.

* * * * *
    (k) By the aid of baiting, or on or over any baited area, where a 
person knows or reasonably should know that the area is or has been 
baited, as provided at 50 CFR 20.21(i) and 16 U.S.C. 704(b).

Subpart D--Annual Regulations Governing Subsistence Harvest

0
4. In subpart D, revise Sec. Sec.  92.31 through 92.33 to read as 
follows:


Sec.  92.31  Migratory bird species closed to subsistence harvest.

    (a) Because of conservation concerns, you may not harvest birds or 
gather eggs from the following species in 2007:
    (1) Spectacled Eider (Somateria fischeri).
    (2) Steller's Eider (Polysticta stelleri).
    (3) Emperor Goose (Chen canagica).
    (4) Aleutian Canada Goose (Branta canadensis leucopareia)--Semidi 
Islands only.
    (5) Yellow-billed Loons (Gavia adamsii)--Except that in the North 
Slope Region only, up to 20 yellow-billed loons total for the region 
may be inadvertently caught in fishing nets and kept for subsistence 
purposes.
    (b) In addition, you may not gather eggs from the following species 
in 2007:
    (1) Cackling Canada Goose (Branta canadensis minima).
    (2) Black Brant (Branta bernicla nigricans)--in the Yukon/Kuskokwim 
Delta and North Slope regions only.


Sec.  92.32  Subsistence migratory bird species.

    You may harvest birds or gather eggs from the following species, 
listed in taxonomic order, within all included areas. When birds are 
listed only to the species level, all subspecies existing in Alaska are 
open to harvest.
    (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 
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).

[[Page 18324]]

    (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).


Sec.  92.33  Region-specific regulations.

    The 2007 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.
    (4) Special Area Closure:
    (i) The following described goose nesting colonies are closed to 
all hunting and egg gathering from the period of nest initiation until 
young birds are fledged:
    (A) Kokechik Bay Colony--bounded by 61.61[deg] N to 61.67[deg] N 
and 165.83[deg] W to 166.08[deg] W;
    (B) Tutakoke River Colony--bounded by 61.20[deg] N to 61.28[deg] N 
and 165.08[deg] W to 165.13[deg] W;
    (C) Kigigak Island Colony--bounded by island's edge;
    (D) Baird Peninsula Colony--bounded by 60.87[deg] N to 60.91[deg] N 
and 164.65[deg] W to 165.80[deg] W; and
    (E) Baird Island Colony--bounded by island's edge.
    (ii) Closure dates to be announced by the 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

[[Page 18325]]

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.
    (1) Season: April 2-June 20 and July 22-August 31; egg gathering: 
May 1-June 20 only.
    (2) Closure: June 21-July 21.
    (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 July 3-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.
    (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 and 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 (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 Part 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.

    Dated: March 30, 2007.
Todd Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E7-6667 Filed 4-10-07; 8:45 am]
BILLING CODE 4310-55-P