Migratory Bird Subsistence Harvest in Alaska; Updates to the Regulations, 27698-27703 [2020-09368]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Proposed Rules]
[Pages 27698-27703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09368]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[Docket No. FWS-R7-MB-2020-0022; FXMB12610700000-201-FF07M01000]
RIN 1018-BF12


Migratory Bird Subsistence Harvest in Alaska; Updates to the 
Regulations

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 
proposing changes to the migratory bird subsistence harvest regulations 
in Alaska. These regulations allow for the continuation of customary 
and traditional subsistence uses of migratory birds in Alaska and 
prescribe regional information on when and where the harvesting of 
birds may occur. These regulations were developed under a co-management 
process involving the Service, the Alaska Department of Fish and Game, 
and Alaska Native representatives. The proposed changes would update 
the regulations to incorporate revisions requested by these partners.

DATES: We will accept comments received or postmarked on or before June 
10, 2020.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R7-
MB-2020-0022.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R7-MB-2020-0022; U.S. Fish and Wildlife Service, MS: JAO/1N, 
5275 Leesburg Place, Falls Church, VA 22041-3803.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comment Procedures section, below, for more 
information).

FOR FURTHER INFORMATION CONTACT: Cheryl Graves, U.S. Fish and Wildlife 
Service, 1011 E Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 
786-3887.

SUPPLEMENTARY INFORMATION:

Public Comment Procedures

    To ensure that any action resulting from this proposed rule will be 
as accurate and as effective as possible, we request that you send 
relevant information for our consideration. The comments that will be 
most useful and likely to influence our decisions are those that you 
support by quantitative information or studies and those that include 
citations to, and analyses of, the applicable laws and regulations. 
Please make your comments as specific as possible and explain the basis 
for them. In addition, please include sufficient information with your 
comments to allow us to authenticate any scientific or commercial data 
you include.
    You must submit your comments and materials concerning this 
proposed rule by one of the methods listed above in ADDRESSES. We will 
not accept comments sent by email or fax or to an address not listed in 
ADDRESSES. If you submit a comment via https://www.regulations.gov, your 
entire comment--including any personal identifying information, such as 
your address, telephone number, or email address--will be posted on the 
website. When you submit a comment, the system receives it immediately. 
However, the comment will not be publicly viewable until we post it, 
which might not occur until several days after submission.
    If you mail or hand-carry a hardcopy comment directly to us that 
includes personal information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. All comments and 
materials we receive will be available for public inspection in two 
ways:
    (1) Via https://www.regulations.gov. Search for FWS-R7-MB-2020-0022, 
which is the docket number for this rulemaking.
    (2) You can make an appointment, during normal business hours, to 
view the comments and materials in person at the U.S. Fish and Wildlife 
Service, Division of Migratory Bird Management, MS: MB, 5275 Leesburg 
Pike, Falls Church, VA 22041-3803; (703) 358-1714.

Background

    The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.) 
was enacted to conserve certain species of migratory birds and gives 
the Secretary of the Interior the authority to regulate the harvest of 
these birds. The law further authorizes the Secretary to issue 
regulations to ensure that the indigenous inhabitants of the State of 
Alaska may take migratory birds and collect their eggs for nutritional 
and other essential needs during seasons established by the Secretary 
``so as to provide for the preservation and maintenance of stocks of 
migratory birds'' (16 U.S.C. 712(1)).
    The take of migratory birds for subsistence uses in Alaska occurs 
during the spring and summer, during which timeframe the sport harvest 
of migratory birds is not allowed. Regulations governing the 
subsistence harvest of migratory birds in Alaska are located in title 
50 of the Code of Federal Regulations (CFR) in part 92. These 
regulations allow for the continuation of customary and traditional 
subsistence uses of migratory birds and prescribe regional information 
on when and where the harvesting of birds in Alaska may occur.
    The migratory bird subsistence harvest regulations are developed 
cooperatively. The Alaska Migratory Bird Co-Management Council 
(Council) consists of the U.S. Fish and Wildlife Service, the Alaska 
Department of Fish and Game (ADFG), and representatives of Alaska's 
Native population. The Council's primary purpose is to develop 
recommendations pertaining to the subsistence harvest of migratory 
birds.
    The Council generally holds an annual spring meeting to develop 
recommendations for migratory bird subsistence-harvest regulations in 
Alaska that would take effect in the spring of the next year. In 2018, 
the in-person spring meeting did not occur due to funding delays 
associated with a new

[[Page 27699]]

Federal review and approval process for financial assistance. Instead, 
the Council voted via teleconference and email in spring 2018 to 
approve subsistence harvest regulations that would take effect during 
the 2019 harvest season. The Council's recommendations were presented 
to the Pacific Flyway Council (PFC) for review and subsequent 
submission to the Service Regulations Committee (SRC) for approval at 
the SRC meeting on October 16-17, 2018. Because development of a 
proposed rule incorporating changes to subsistence harvest regulations 
for the 2019 season was delayed, we issued an interim rule that allowed 
subsistence hunting to begin on April 2, 2019, with the same harvest 
regulations from the 2018 season.
    In 2019, the Council held meetings on April 4-5, to develop 
recommendations for migratory bird subsistence-harvest regulations in 
Alaska that would take effect during the 2020 harvest season. The 
Council's recommendations were presented to the PFC for review and 
subsequent submission to the SRC for approval at the SRC meeting on 
October 8-9, 2019.
    This proposed rule contains changes to the subsistence harvest 
regulations recommended by the Council in 2018 and 2019, as described 
below.

Proposed Revisions to the Regulations

    Per the collaborative process described above, this document 
proposes updates to the regulations for the taking of migratory birds 
for subsistence uses in Alaska during the spring and summer. This rule 
also sets forth a list of migratory bird season openings and closures 
in Alaska by region.
    We are proposing the same subsistence harvest regulations in 
subpart D, Annual Regulations Governing Subsistence Harvest, as those 
from the 2018 and 2019 subsistence harvest seasons (see 83 FR 13684, 
March 30, 2018, and 84 FR 12946, April 3, 2019) for the 2020 season 
with the following five exceptions:

(1) Yukon/Kuskokwim Delta Region 30-Day Closure Period

    The Yukon Delta National Wildlife Refuge proposed in 2018 to extend 
the date range for the 30-day primary nesting period closure from June 
1-August 15 to May 15-August 15 for the Yukon/Kuskokwim Delta Region of 
Alaska. The current date range (June 1-August 15) to set the 30-day 
closure does not sufficiently protect many nesting waterbird species 
during early nesting in years that allow early nesting. The proposal 
extends the date range for the 30-day primary nesting period closure by 
2 weeks on the front end to provide Yukon Delta National Wildlife 
Refuge managers the flexibility to begin the 30-day closure period in 
May in years that allow early nesting. The proposal was approved by the 
Council, reviewed by the PFC, and adopted by the SRC in 2018 for 
implementation beginning with the 2019 subsistence harvest season. 
However, as described above, the proposed rule incorporating changes to 
subsistence harvest regulations for the 2019 season was delayed.

(2) North Slope Region Unit Boundary Change

    The North Slope Borough Fish and Game Management Committee proposed 
in 2019 to adjust the boundary between the Northern and Southern Units 
of the North Slope Region in Alaska to move the communities of Atqasuk 
and Wainwright from the Southern Unit to the Northern Unit. The North 
Slope Region is divided into three units (Northern, Southern, and 
Eastern) due to its large geographic extent. Each of the units is 
defined by a unique set of season dates, including a 30-day primary 
nesting period closure, to accommodate high variation in snowmelt 
patterns, species composition, egg availability, and hunter access 
across the region. Currently, season dates in the Northern Unit better 
align with the timing of hunting activities in Atqasuk and Wainwright, 
relative to spring break-up patterns and the phenology of migratory 
birds, than those of the Southern Unit. Accordingly, the proposed 
change will result in season dates that more effectively balance the 
opportunity for hunters to harvest birds and eggs with an appropriate 
30-day closure period to protect birds during the primary nesting 
period. This change in unit boundaries is not expected to result in 
increased harvest of birds and eggs in the North Slope Region. The 
proposed boundary descriptions for the Northern and Southern Units are 
as follows:
    Northern Unit: From Icy Cape, everything east of longitude line 
161[deg]55' W and north of latitude line 69[deg]45' N to the west bank 
of Sagavanirktok River and north to 71[deg].
    Southern Unit: Southwestern North Slope Borough boundary northeast 
to Icy Cape, and everything west of longitude line 161[deg]55' W and 
south of latitude line 69[deg]45' N to the west bank of the 
Sagavanirktok River and south along the west bank to the North Slope 
Borough boundary, then west to the beginning.

(3) North Slope Region 30-Day Closure Period

    The North Slope Borough Fish and Game Management Committee proposed 
in 2019 to allow flexible dates for the 30-day primary nesting period 
closure in the North Slope Region of Alaska. All Alaska subsistence 
harvest regions, except the Yukon/Kuskokwim Delta (YKD) Region, use 
fixed dates for the mandatory 30-day primary nesting period closure 
when bird and egg take is prohibited. The North Slope Region varies 
annually in multiple environmental and biological factors (e.g., timing 
of snowmelt, ambient temperature, and birds' body condition). Arctic-
nesting geese show wide fluctuations in nesting from year to year in 
response to annual environmental variations; however, over the past 30 
years, studies on several species have demonstrated a consistent trend 
toward earlier nest initiation. Thus, in some years, the fixed dates of 
the 30-day closure do not align well with the primary nesting period. 
This proposal would allow the dates for the 30-day closure period in 
the North Slope Region to be changed from fixed dates published in the 
Federal Register to variable, annually derived dates if environmental 
and biological conditions warrant such a change. If a change in dates 
is unwarranted, the dates published in the Federal Register would 
apply.
    A North Slope Region working group was established in fall 2019 
that includes members from the North Slope Borough Fish and Game 
Management Committee, North Slope Borough Department of Wildlife, Yukon 
Delta National Wildlife Refuge (YDNWR), Service Alaska Region-Division 
of Migratory Bird Management, ADFG, and local villagers to develop a 
protocol for determining the annual process of establishing the 30-day 
closure dates, and communicating that information to hunters across the 
North Slope Region. The protocol will be modeled similarly to that used 
by the YKD Region, where the YDNWR and the Association of Village 
Council Presidents (AVCP) annually agree on the 30-day closure dates 
based on reports of when most birds have initiated nesting from field 
biologists and local villagers. Upon agreeing to closure dates, the 
YDNWR and AVCP prepare and distribute outreach materials to announce 
the closure dates.

(4) North Slope Region Special Brant Hunting Season Boundary

    The North Slope Borough Fish and Game Management Committee proposed

[[Page 27700]]

in 2019 to change the southern boundary of the Special Brant Hunting 
Season on the North Slope Region of Alaska. Non-breeding and failed-
breeding brant annually migrate from the Yukon/Kuskokwim Delta 
northward along the western coast of Alaska to the Teshekpuk Lake area 
on the North Slope to undergo molt of primary flight feathers. The 
Special Black Brant Hunting Season regulations currently allow harvest 
of migrating brant from June 20 through July 5 along the coastline and 
in open water around the village of Wainwright. The proposed change 
would extend the boundary associated with the Special Black Brant 
Hunting Season south and west to include the entirety of Kasegaluk 
Lagoon to provide hunters from the village of Point Lay the opportunity 
to harvest migrating brant. This boundary change may increase brant 
harvest slightly in the North Slope Region, but any additional harvest 
is expected to have negligible impact to brant population status.
    The proposed boundary description for the North Slope Region's 
Special Black Brant Hunting Season is as follows:
    Special Black Brant Hunting Season: June 20-July 5. The open area 
consists of the coastline from the mean high-water line outward to the 
North Slope Borough boundary to include open water and barrier islands 
from southern Kasegaluk Lagoon from latitude line 69[deg]16' N to the 
north and east to longitude line 158[deg]30' W.

(5) Kodiak Archipelago Region Kodiak Island Roaded Area Closure

    In 2019, the Kodiak Archipelago Regional Management Body proposed 
in the Kodiak Island Roaded Area in the Kodiak Archipelago Region of 
Alaska to allow migratory bird hunting and egg gathering by 
registration permit only for a 3-year trial period (2020-2022) after 
which the regulation would sunset. The Roaded Area would remain closed 
to hunting and egg gathering for Arctic terns, Aleutian terns, mew 
gulls, and emperor geese. The purpose of the proposed regulation is to 
allow all residents of the Kodiak Archipelago Region the opportunity to 
participate in subsistence hunting activities without the need for a 
boat. Current regulations close the Roaded Area to all subsistence 
migratory bird hunting and egg gathering, but allow these activities in 
adjacent marine waters beyond 500 feet from shore, including offshore 
islands where access requires a watercraft.
    The proposed subsistence hunt in the Roaded Area will be 
administered as a registration permit hunt with a harvest reporting 
requirement for a 3-year trial period. Following the 3-year trial 
period, the Roaded Area would close in 2023 to migratory bird hunting 
and egg gathering. Reopening the Roaded Area would require a new 
proposal and approval in 2022. The Roaded Area has been closed to 
subsistence hunting since spring 2003 when spring-summer subsistence 
hunting and egg gathering was legalized, so there is a lack of 
subsistence harvest information for this area. The registration permit 
hunt with mandatory reporting of hunter activity and harvest will allow 
estimation of hunter participation, bird and egg harvest, and harvest 
composition during the 3-year trial period. These data will inform a 
proposal and decision to reopen the Roaded Area to subsistence hunting 
in the future. The Roaded Area registration permit will be administered 
by the ADFG Division of Subsistence in cooperation with the Sun'aq 
Tribe of Kodiak. Administration of the registration permit will be 
similar to that of the registration permit for subsistence hunting 
administered successfully in Cordova, Alaska, that has a reporting rate 
of 93 percent.
    The Council recognized the necessity to protect species of 
conservation concern if a registration permit for subsistence hunting 
is approved for the Roaded Area; thus, spring-summer subsistence 
hunting and egg gathering in the Roaded Area would remain closed for 
Arctic terns, Aleutian terns, mew gulls, and emperor geese. Arctic and 
Aleutian tern nesting colonies have declined by greater than 80 percent 
in Alaska over the last 20 years, and only a few colonies remain on 
Kodiak Island, the largest of which are within the Roaded Area. Thus, 
protecting these tern species from further decline is a high priority 
of multiple stakeholders including the Council. Furthermore, the Roaded 
Area would remain closed to take of mew gulls and eggs because colony-
level disturbance from targeted mew gull harvest could be detrimental 
to nesting terns and mew gull nests, and eggs may be confused with 
those of terns resulting in incidental harvest of tern eggs. Also, the 
Roaded Area would remain closed to take of emperor geese out of concern 
that it would provide unrestricted hunter access to a relatively small 
wintering population of emperor geese that utilize several bays near 
the road system, potentially increasing harvest vulnerability of a 
carefully managed species.

Compliance With the MBTA and the Endangered Species Act

    The Service has dual objectives and responsibilities for 
authorizing a subsistence harvest while protecting migratory birds and 
endangered and threatened species. Although these objectives continue 
to be challenging, they are not irreconcilable, provided that: (1) 
Regulations continue to protect endangered and threatened species; (2) 
measures to address documented threats are implemented; and (3) the 
subsistence community and other conservation partners commit to working 
together.
    Mortality, sickness, and poisoning from lead exposure have been 
documented in many waterfowl species, including threatened spectacled 
and Steller's eiders. While lead shot has been banned nationally for 
waterfowl hunting since 1991, Service staff have documented significant 
availability of lead shot in waterfowl rounds for sale in communities 
on the Yukon-Kuskokwim Delta and North Slope. The Service will work 
with partners to increase our education, outreach, and enforcement 
efforts to ensure that subsistence waterfowl hunting is conducted using 
nontoxic shot.

Conservation Under the MBTA

    We have monitored subsistence harvest for more than 25 years 
through the use of household surveys in the most heavily used 
subsistence harvest areas, such as the Yukon-Kuskokwim Delta. Based on 
our monitoring of the migratory bird species and populations taken for 
subsistence, we find that this rule will provide for the preservation 
and maintenance of migratory bird stocks as required by the MBTA. 
Communication and coordination between the Service, the Co-management 
Council, and the Pacific Flyway Council have allowed us to set harvest 
regulations to ensure the long-term viability of the migratory bird 
stocks. In addition, Alaska migratory bird subsistence harvest rates 
have continued to decline since the inception of the subsistence-
harvest program, reducing concerns about the program's consistency with 
the preservation and maintenance of stocks of migratory birds.

Endangered Species Act Consideration

    Spectacled eiders (Somateria fischeri) and the Alaska-breeding 
population of Steller's eiders (Polysticta stelleri) are listed as 
threatened species under the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.). Their migration and breeding 
distribution overlap with areas where the spring and summer subsistence 
migratory bird hunt is open in Alaska. Neither species is included in 
the list of subsistence migratory bird species at 50

[[Page 27701]]

CFR 92.22; therefore, both species are closed to subsistence harvest. 
The Service notes that progress is being made with other eider 
conservation measures, including partnering with the North Slope 
Migratory Bird Task Force, for increased waterfowl-hunter awareness, 
continued enforcement of the regulations, and in-season verification of 
the harvest. Moreover, under 50 CFR 92.21 and 92.32, the Service may 
implement emergency closures, if necessary, to protect Steller's eiders 
or any other endangered or threatened species or migratory bird 
population.
    Section 7 of the ESA requires the Secretary of the Interior to 
review other programs administered by the Department of the Interior 
and utilize such programs in furtherance of the purposes of the ESA. 
The Secretary is further required to insure that any action authorized, 
funded, or carried out by the Department of the Interior is not likely 
to jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of critical habitat.
    The Alaska Division of Migratory Bird Management conducted an 
intra-agency consultation with the Service's Fairbanks Fish and 
Wildlife Field Office on this proposed and a related interim rule. The 
consultation was completed with a biological opinion that concluded 
these rulemaking actions are not likely to jeopardize the continued 
existence of endangered or threatened species or result in the 
destruction or adverse modification of designated critical habitat. 
Therefore, we have determined that this rule complies with the ESA.

Comment Period

    Implementation of the Service's 2013 supplemental environmental 
impact statement on the hunting of migratory birds resulted in changes 
to the overall timing of the annual regulatory schedule for the 
establishment of migratory bird hunting regulations and the Alaska 
migratory bird subsistence harvest regulations. The programmatic 
document, ``Second Final Supplemental Environmental Impact Statement: 
Issuance of Annual Regulations Permitting the Sport Hunting of 
Migratory Birds (EIS 20130139),'' filed with the Environmental 
Protection Agency (EPA) on May 24, 2013, addresses compliance with the 
National Environmental Policy Act by the Service for issuance of the 
annual framework regulations for hunting of migratory game bird 
species. We published a notice of availability in the Federal Register 
on May 31, 2013 (78 FR 32686), and our Record of Decision on July 26, 
2013 (78 FR 45376).
    Moving the annual SRC meeting from July to October has greatly 
shortened our period to publish the proposed regulations and solicit 
comments. We are further bounded by a subsistence harvest start date of 
April 2, 2020. Thus, we have established a 30-day comment period for 
this proposed rule (see DATES, above), and we will be conducting tribal 
consultations within Alaska simultaneously. We believe a 30-day comment 
period gives the public adequate time to provide meaningful comments.

Required Determinations

Executive Order 13771--Reducing Regulation and Controlling Regulatory 
Costs

    This proposed rule is not subject to the requirements of Executive 
Order 13771 (82 FR 9339, February 3, 2017) because this proposed rule 
would establish annual harvest limits related to routine hunting or 
fishing.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this proposed rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this proposed rule in a manner 
consistent with these requirements.

Regulatory Flexibility Act

    The Department of the Interior certifies that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities as defined under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). A regulatory flexibility analysis is not required. 
Accordingly, a Small Entity Compliance Guide is not required. This 
proposed rule would legalize a preexisting subsistence activity, and 
the resources harvested will be consumed.

Small Business Regulatory Enforcement Fairness Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This proposed rule:
    (a) Would not have an annual effect on the economy of $100 million 
or more. It legalizes and regulates a traditional subsistence activity. 
It will not result in a substantial increase in subsistence harvest or 
a significant change in harvesting patterns. The commodities that will 
be regulated under this rule are migratory birds. This proposed rule 
deals with legalizing the subsistence harvest of migratory birds and, 
as such, does not involve commodities traded in the marketplace. A 
small economic benefit from this rule derives from the sale of 
equipment and ammunition to carry out subsistence hunting. Most, if not 
all, businesses that sell hunting equipment in rural Alaska qualify as 
small businesses. We have no reason to believe that this proposed rule 
would lead to a disproportionate distribution of benefits.
    (b) Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. This proposed rule does not deal with 
traded commodities and, therefore, would not have an impact on prices 
for consumers.
    (c) Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
proposed rule deals with the harvesting of wildlife for personal 
consumption. It would not regulate the marketplace in any way to 
generate substantial effects on the economy or the ability of 
businesses to compete.

Unfunded Mandates Reform Act

    We have determined and certified under the Unfunded Mandates Reform 
Act (2 U.S.C. 1501 et seq.) that this rule will not impose a cost of 
$100 million or more in any given year on local, State, or tribal 
governments or private entities. The proposed rule would not have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. A statement containing the information required by 
the Unfunded Mandates Reform Act is not required. Participation on 
regional management bodies and the Co-management Council requires 
travel

[[Page 27702]]

expenses for some Alaska Native organizations and local governments. In 
addition, they assume some expenses related to coordinating involvement 
of village councils in the regulatory process. Total coordination and 
travel expenses for all Alaska Native organizations are estimated to be 
less than $300,000 per year. In a notice of decision (65 FR 16405; 
March 28, 2000), we identified 7 to 12 partner organizations (Alaska 
Native nonprofits and local governments) to administer the regional 
programs. The ADFG also incurs expenses for travel to Council and 
regional management body meetings. In addition, the State of Alaska 
would be required to provide technical staff support to each of the 
regional management bodies and to the 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.

Takings (Executive Order 12630)

    Under the criteria in Executive Order 12630, this proposed rule 
would not have significant takings implications. This proposed rule is 
not specific to particular land ownership, but applies to the 
harvesting of migratory bird resources throughout Alaska. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in Executive Order 13132, this proposed rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. We discuss 
effects of this rule on the State of Alaska in the Unfunded Mandates 
Reform Act section, above. We worked with the State of Alaska to 
develop these proposed regulations. Therefore, a federalism summary 
impact statement is not required.

Civil Justice Reform (Executive Order 12988)

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

Government-to-Government Relations With Native American Tribal 
Governments

    Consistent with Executive Order 13175 (65 FR 67249; November 6, 
2000), ``Consultation and Coordination with Indian Tribal 
Governments,'' and Department of Interior policy on Consultation with 
Indian Tribes (December 1, 2011), we will send letters via electronic 
mail to all 229 Alaska Federally recognized Indian tribes. Consistent 
with Congressional direction (Pub. L. 108-199, div. H, Sec. 161, Jan. 
23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div. H, title 
V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also will send letters 
to approximately 200 Alaska Native corporations and other tribal 
entities in Alaska soliciting their input as to whether or not they 
would like the Service to consult with them on the proposed migratory 
bird subsistence harvest regulations.
    We implemented the amended treaty with Canada with a focus on local 
involvement. The treaty calls for the creation of management bodies to 
ensure an effective and meaningful role for Alaska's indigenous 
inhabitants in the conservation of migratory birds. According to the 
Letter of Submittal, management bodies are to include Alaska Native, 
Federal, and State of Alaska representatives as equals. They develop 
recommendations for, among other things: Seasons and bag limits, 
methods and means of take, law enforcement policies, population and 
harvest monitoring, education programs, research and use of traditional 
knowledge, and habitat protection. The management bodies involve 
village councils to the maximum extent possible in all aspects of 
management. To ensure maximum input at the village level, we required 
each of the 11 participating regions to create regional management 
bodies consisting of at least one representative from the participating 
villages. The regional management bodies meet twice annually to review 
and/or submit proposals to the statewide body.

Paperwork Reduction Act of 1995 (PRA)

    This rule does not contain any new collections of information that 
require Office of Management and Budget (OMB) approval under the PRA 
(44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not 
required to respond to a collection of information unless it displays a 
currently valid OMB control number. OMB has reviewed and approved our 
collection of information associated with voluntary annual household 
surveys that we use to determine levels of subsistence take (OMB 
Control Number 1018-0124, expires August 31, 2022).

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

    The annual regulations and options are considered in a February 
2020 environmental assessment, ``Managing Migratory Bird Subsistence 
Hunting in Alaska: Hunting Regulations for the 2020 Spring/Summer 
Harvest.'' Copies are available from the person listed under FOR 
FURTHER INFORMATION CONTACT or at https://www.regulations.gov.

Energy Supply, Distribution, or Use (Executive Order 13211)

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This is not a 
significant regulatory action under this Executive Order; it allows 
only for traditional subsistence harvest and improves conservation of 
migratory birds by allowing effective regulation of this harvest. 
Further, this proposed rule is not expected to significantly affect 
energy supplies, distribution, or use. Therefore, a Statement of Energy 
Effects is not required.

List of Subjects in 50 CFR Part 92

    Hunting, Treaties, Wildlife.

Proposed Regulation Promulgation

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

PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA

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

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

0
2. Amend Sec.  92.31 by:
0
a. Revising paragraph (b)(2);
0
b. Revising the first sentence of paragraph (e) and adding a new 
sentence to follow the newly revised first sentence;
0
c. Revising the introductory text of paragraph (g)(1) and paragraphs 
(g)(1)(iii) and (g)(2); and
0
d. Redesignating paragraphs (g)(4) and (g)(5) as paragraphs (g)(5) and 
(g)(6) and adding a new paragraph (g)(4).
    The revisions and additions read as follows:


Sec.  92.31  Region-specific regulations.

* * * * *
    (b) * * *
    (2) Closure: 30-day closure dates to be announced by the Service's 
Alaska Regional Director or his designee, after consultation with field 
biologists and the Association of Village Council President's Waterfowl 
Conservation Committee. This 30-day period will occur between May 15 
and August 15 of each year. A press release announcing the actual 
closure dates will be

[[Page 27703]]

forwarded to regional newspapers and radio and television stations.
* * * * *
    (e) Kodiak Archipelago region. The Kodiak Island Roaded Area is 
open to the harvesting of migratory birds and their eggs by 
registration permit only as administered by the Alaska Department of 
Fish and Game, Division of Subsistence, in cooperation with the Sun'aq 
Tribe of Kodiak. No hunting or egg gathering for Arctic terns, Aleutian 
terns, mew gulls, and emperor geese is allowed for the Kodiak Island 
Roaded Area Registration Permit Hunt. * * *
    (g) * * *
    (1) Southern Unit (Southwestern North Slope Borough boundary 
northeast to Icy Cape, and everything west of longitude line 
161[deg]55' W and south of latitude line 69[deg]45' N to the west bank 
of the Sagavanirktok River and south along the west bank to the North 
Slope Borough boundary, then west to the beginning):
* * * * *
    (iii) Special Black Brant Hunting Season: June 20-July 5. The open 
area consists of the coastline from the mean high-water line outward to 
the North Slope Borough boundary to include open water and barrier 
islands from southern Kasegaluk Lagoon from latitude line 69[deg]16' N 
to the north and east to longitude line 158[deg]30' W.
    (2) Northern Unit (From Icy Cape, everything east of longitude line 
161[deg]55' W and north of latitude line 69[deg]45' N to the west bank 
of Sagavanirktok River and north to 71[deg]):
* * * * *
    (4) Annual 30-day closure periods in the Southern, Northern, and 
Eastern Units of the North Slope Region may differ from fixed dates 
(see unit-specific closure dates in paragraphs (g)(1) through (3) of 
this section) if environmental and biological conditions warrant such a 
change. After consultation with Service field biologists, the North 
Slope Borough (NSB) Department of Wildlife Management, and the NSB Fish 
and Game Management Committee, the Service's Alaska Regional Director 
or his/her designee may announce closure dates that differ from those 
fixed dates. The 30-day period closure period will occur between June 7 
and July 29 of each year.
* * * * *

George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-09368 Filed 5-8-20; 8:45 am]
 BILLING CODE 4333-15-P