Migratory Bird Subsistence Harvest in Alaska, 7066-7070 [2025-00512]
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within their country to make
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contact in the United States. Please see
Docket No. FWS–R7–MB–2024–0197 on
https://www.regulations.gov for a
document that summarizes this
proposed rule.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2025–01319 Filed 1–17–25; 8:45 am]
BILLING CODE 4333–15–C
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS–R7–MB–2024–0197;
FXMB12610700000–201–FF07M01000]
RIN 1018–BG70
Migratory Bird Subsistence Harvest in
Alaska
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are proposing
changes to the migratory bird
subsistence harvest regulations in
Alaska. Subsistence harvest regulations
allow for the continuation of customary
and traditional subsistence uses of
migratory birds in Alaska and establish
when and where the harvesting of
certain migratory birds may occur
within each subsistence region.
Subsistence harvest regulations,
including these proposed changes, were
developed under a co-management
process involving the Service, the
Alaska Department of Fish and Game,
and Alaska Native representatives.
DATES: We will accept comments
received or postmarked on or before
February 20, 2025.
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–2024–0197.
• U.S. Mail: Public Comments
Processing, Attn: FWS–R7–MB–2024–
0197, U.S. Fish and Wildlife Service,
MS: JAO/3W, 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 Public
Comment Procedures, below, for more
information).
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Wendy Loya, U.S. Fish and Wildlife
Service, 1011 E Tudor Road, Mail Stop
201, Anchorage, AK 99503; (907) 227–
2942. Individuals in the United States
who are deaf, deafblind, hard of hearing,
or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
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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 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 via https://
www.regulations.gov. Search for FWS–
R7–MB–2024–0197, which is the docket
number for this rulemaking.
Background
The Migratory Bird Treaty Act of 1918
(MBTA, 16 U.S.C. 703 et seq.) was
enacted to protect migratory birds and
gives the Secretary of the Interior the
authority to regulate the harvest of
certain migratory birds. The law further
authorizes the Secretary to issue
regulations to ensure that the
indigenous inhabitants of the State of
Alaska may take certain migratory birds
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and collect their eggs for nutritional and
other essential needs during seasons
established by the Secretary to provide
for the preservation and maintenance of
these migratory birds (16 U.S.C. 712(1)).
The take of migratory birds for
subsistence uses in Alaska occurs
primarily during the spring and
summer, a timeframe not included in
the fall and winter general migratory
game bird hunting regulations for the
United States. Regulations governing the
subsistence harvest of migratory birds in
Alaska are located in title 50 of the Code
of Federal Regulations (CFR) in part 92.
These regulations allow for the
continuation of customary and
traditional subsistence uses of migratory
birds and establish when and where the
harvesting of certain birds in Alaska
may occur within each subsistence
region.
The migratory bird subsistence
harvest regulations are developed
cooperatively. The Alaska Migratory
Bird Co-Management Council (Council
or AMBCC) consists of the Service, the
Alaska Department of Fish and Game
(ADFG), and Alaska Native
representatives. The Council’s primary
purpose is to develop recommendations
pertaining to the subsistence harvest of
migratory birds.
The Council generally holds an
annual spring meeting to review and
recommend any regulatory changes for
migratory bird subsistence harvest
regulations in Alaska. The Council met
May 22–23, 2024, and recommended
changes to the subsistence harvest
regulations intended to take effect
beginning with the 2025 harvest season.
The Council’s recommendations were
presented to the Pacific Flyway Council
for their review and comment and
subsequent submission to the Service
Regulations Committee (SRC) for
consideration at the SRC meeting on
November 19, 2024.
Proposed Revisions to the Regulations
Under the collaborative process
described above, this document
proposes the following revisions to the
regulations for the taking of certain
migratory birds for subsistence uses in
Alaska during the spring and summer.
Proposed Revision to Subpart A
In 50 CFR part 92, subpart A (general
provisions), we propose to correct a
reference to the United States Code
(U.S. Code). The current definition for
Alaska Native in § 92.4 incorrectly
references 16 U.S.C. 1602(b), which
refers to section 3(b) of the Alaska
Native Claims Settlement Act. The
Alaska Native Claims Settlement Act is
found in title 43 not title 16 of the U.S.
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Code. Therefore, the definition needs to
be corrected to reference 43 U.S.C.
1602(b).
Proposed Revisions to Subpart C
In 50 CFR part 92, subpart C (general
regulations governing subsistence
harvest), we propose several changes to
clarify the language regarding regional
species closures, remove a species from
the list of subsistence migratory bird
species, and update the common and or
scientific names of three species.
First, we propose revisions to clarify
that the list of species open to
subsistence harvest in § 92.22 may have
additional region-specific harvest
restrictions that do not appear in the list
of subsistence migratory bird species.
The language in the introductory
paragraph in § 92.22 states that the only
exceptions to the species open to
harvest is a regional closure in
Southeast Alaska for the harvest of all
migratory bird species except glaucouswinged gulls for egg harvesting only.
While this provision was accurate at the
time the regulation was initially
promulgated, current regulations
include other regional species-specific
harvest restrictions, some of which are
included in the statewide list of
subsistence migratory bird species at
§ 92.22. For example, for tundra swans,
the regulation at § 92.22(a)(7) states that
these birds and their eggs may be
harvested except in Units 9(D) and 10.
However, some regions in Alaska have
species-specific harvest restrictions that
are not listed in the statewide list of
subsistence migratory bird species and
are found only in § 92.31 (regionspecific regulations). For example, in
the Gulf of Alaska region’s Prince
William Sound Area East
(§ 92.31(j)(2)(iii)), most non-waterfowl
species are closed to harvest, but these
restrictions can be found only in the
region-specific regulations. Given this
ambiguity, we propose to revise the
language in the introductory paragraph
of § 92.22 to clarify that regional
species-specific harvest restrictions may
exist in the region-specific regulations.
Second, we propose revisions to the
list of subsistence migratory bird species
in § 92.22 to reflect the Council’s
recommendation to close emperor goose
harvest statewide. In 2016, the Council
adopted an Emperor Goose Management
Plan (Plan) to guide regulations for a
spring-summer subsistence harvest of
emperor geese and their eggs, which
were opened to legal harvest in spring
2017. The Plan was developed in
conjunction with the revised Pacific
Flyway Council Management Plan for
Emperor Geese (2016) that prescribes
recommendations for the fall-winter
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hunting regulations. The two
management plans complement each
other and use the same population
assessment methods, population
objectives, and regulatory thresholds in
their respective harvest strategies. The
harvest strategy in the Plan uses the
indicated total bird index (index) from
the Yukon-Kuskokwim Delta Coastal
Zone (Coastal Zone) survey that the
Service conducts to assess population
status relative to established thresholds.
The harvest strategy specifies that the
spring-summer subsistence emperor
goose season will be open if the Coastal
Zone index from the previous year is
greater than 23,000 birds, and harvest
will be closed if the index is below that
threshold. If the Coastal Zone index is
between 23,000 and 28,000 birds, the
Council will consider implementing
regulatory or nonregulatory
conservation measures. The 2024
Coastal Zone index was 18,788 (95
percent confidence interval of 16,589–
20,988) birds, which is below the
harvest closure threshold of 23,000
birds. Thus, the Council recommended
that the 2025 spring-summer
subsistence season be closed to
harvesting emperor geese. This
recommendation was supported by the
Pacific Flyway Council and the SRC in
November 2024 and intended for
implementation beginning with the
2025 subsistence harvest season.
Therefore, we propose to remove
emperor geese from the list of
subsistence migratory bird species open
to harvest in § 92.22.
Third, we propose an update to the
list of subsistence migratory bird species
in § 92.22 to incorporate changes in the
list of birds protected by the MBTA at
50 CFR 10.13. On July 31, 2023, we
published in the Federal Register (88
FR 49310) a revised list of migratory
birds protected under the MBTA by
adding or removing species or changing
species names. Reasons for the changes
to the list in § 10.13 included revised
taxonomy and new evidence of natural
occurrence or absence in the United
States or U.S. territories. That rule went
into effect on August 30, 2023. The
revised list had updated nomenclature
for three species on the list of
subsistence migratory bird species at
§ 92.22.
Therefore, to be consistent with the
list in § 10.13, we are proposing to
change the common and scientific
names of mew gull and change the
scientific names for two species of
cormorants, pelagic and double-crested,
in § 92.22. The species formerly named
mew gull has been split into two
species, the common gull (Larus canus),
which primarily occurs in Europe and
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Asia, and the short-billed gull (Larus
brachyrhynchus), which occurs in North
America. Therefore, we propose to
replace mew gull (Larus canus) with
short-billed gull (Larus
brachyrhynchus). Pelagic and doublecrested cormorants formerly shared the
genus name Phalacrocorax, but now this
genus has been split into multiple
genera. We propose to update the
scientific names of pelagic cormorant to
Urile pelagicus and double-crested
cormorant to Nannopterum auritum.
Proposed Revisions to Subpart D
In part 92, subpart D (annual
regulations governing subsistence
harvest), we propose to revise the
regulations in § 92.31 to reflect the
Council’s recommendation to eliminate
the permit requirement in the Kodiak
Island Roaded Area (KIRA) and to
change the species names for mew gulls.
In 2021, spring-summer subsistence
harvesting of migratory birds and eggs
was opened experimentally for 3 years
(2021–2023) in the Kodiak Archipelago
region’s KIRA by registration permit
with a harvest reporting requirement.
The Service requested that the Council
evaluate harvest information from the
experimental seasons before a season
could be considered for operational
status. In October 2023, the SRC
recommended extending the
experimental season by 1 year through
2024 to provide hunting opportunity
while the Council completed their
review. An announcement was
published in the Federal Register on
May 1, 2024 (89 FR 35010), to inform
the public of the 1-year extension.
Following the 2023 subsistence
season, the Council evaluated the
harvest data from the experimental
period. Based on permit report data, the
Council determined that harvest was
low during the experimental period; the
average annual harvest of migratory
birds and eggs in the KIRA during 2021–
2023 was 122 birds and 100 eggs. For
context, the data can be compared to the
reported harvest from the last survey of
the Kodiak Archipelago region in 2020.
Residents in communities of the Kodiak
Roaded Area subregion (communities
that occur on the road system but
hunted outside the KIRA) harvested
3,812 migratory birds and 2,612 eggs
during that spring–summer season
(Naves and Mengak 2023). Assuming
KIRA permit registrants in 2021–2023
were residents of the KIRA, and their
hunt effort was similar to 2020, average
annual migratory birds and eggs
harvested during the experimental
period represented 3 percent of total
birds (122 of 3,812) and 4 percent of
total eggs (100 of 2,612) harvested in the
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subregion. Based on this information,
the Council concluded that an
operational spring–summer hunt in the
KIRA was unlikely to significantly
increase harvest in the Kodiak
Archipelago region.
Participation in the permit hunt was
low and slightly increased over the
experimental period, evidenced by
issued permits: 46 in 2021, 58 in 2022,
and 64 in 2023. The Council noted that
the increase in participants over the
experimental period was minimal, but
future participation will be difficult to
measure without a permit requirement.
However, the Council also recognized
that a change in participation may be
indirectly monitored through public
reports to Tribal organizations, the
Kodiak City government, local law
enforcement, ADFG, and the Service. If
the increase is significant, the Council
may consider future surveys to assess
change in hunter participation, and if
warranted, propose regulatory changes.
Nonetheless, given the low harvest
during the experimental season, the
Council recommended eliminating the
permit and harvest reporting
requirement, acknowledging that such
requirements are not part of customary
and traditional hunting practices, may
be a barrier to Indigenous participation,
and are costly to administer.
The Council recommended retaining
the species closures for Aleutian terns,
Arctic terns, short-billed gulls, and
emperor geese within the KIRA to
protect species of conservation concern.
Aleutian tern nesting colonies have
declined by more than 80 percent in
Alaska over the last 20 years, and only
a few colonies remain on Kodiak Island.
The largest colonies are within the
KIRA, and implementing protective
regulations for this species is a priority
of the Council. Further, to offer
additional protection for Aleutian terns,
the season for Arctic terns and shortbilled gulls, which nest in the same
areas as Aleutian terns, will remain
closed to harvest to reduce accidental
harvest and colony disturbance of
Aleutian terns. The KIRA will also
remain closed to emperor geese (when
emperor geese are open to harvest), a
species of management concern, given
that an open season may increase
harvest for emperor geese along the road
system.
On May 22, 2024, the Council
recommended an amendment to the
regulations for the Kodiak Archipelago
region to remove the permit and
reporting requirements, retain the four
species closures, and make the season
operational in the KIRA. This regulatory
amendment was supported by the
Pacific Flyway Council and the SRC in
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November 2024 and intended for
implementation beginning with the
2025 subsistence season.
Compliance With the MBTA and the
Endangered Species Act
The Service has dual objectives and
responsibilities for authorizing a
subsistence harvest while protecting
migratory birds and threatened species.
Although these objectives continue to be
challenging, they are not irreconcilable,
provided that: (1) Regulations continue
to protect threatened species, (2)
measures to address documented threats
are implemented, and (3) the
subsistence community and other
conservation partners commit to
working together.
Mortality, sickness, and poisoning
from lead exposure have been
documented in many waterfowl species,
including threatened spectacled eiders
(Somateria fischeri) and the Alaskabreeding population of Steller’s eiders
(Polysticta stelleri). While lead shot has
been banned nationally for waterfowl
hunting since 1991, Service staff have
documented the availability of lead shot
in waterfowl 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 several decades 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
proposed rule will provide for the
preservation and maintenance of
migratory birds as required by the
MBTA. Communication and
coordination with the AMBCC and the
Pacific Flyway Council have aided in
the establishment of hunting regulations
to ensure the long-term viability of the
migratory birds exposed to harvest.
Endangered Species Act Consideration
Spectacled eiders and the Alaskabreeding population of Steller’s eiders
are listed as threatened species under
the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
Their migration and breeding
distribution overlap with areas where
the spring and summer subsistence
migratory bird harvest is open in
Alaska. Neither species is included in
the list of subsistence migratory bird
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species at § 92.22; therefore, both
species are closed to subsistence
harvest. Under §§ 92.21 and 92.32, the
Service may implement emergency
closures, if necessary, to protect Steller’s
eiders or any other endangered or
threatened species or migratory bird
population.
Section 7 of the ESA requires the
Secretary 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 ensure that any
action authorized, funded, or carried out
by the Department of the Interior is not
likely to jeopardize the continued
existence of any endangered species or
threatened species or result in the
destruction or adverse modification of
critical habitat.
The Service’s Alaska Region
Migratory Bird Management Program
will conduct an intra-agency
consultation with the Service’s Northern
Alaska Fish and Wildlife Field Office on
this proposed rule. A biological opinion
will be updated based on new
information to ensure this proposed
rulemaking action is 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 expect that this
proposed rule will comply with the
ESA.
Comment Period
Implementation of the Service’s 2013
supplemental environmental impact
statement (SEIS) 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 Hunting of
Migratory Birds (SEIS 20130139),’’ filed
with the Environmental Protection
Agency on May 24, 2013, addressed
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 of the SEIS in the
Federal Register on May 31, 2013 (78
FR 32686), and our Record of Decision
on July 26, 2013 (78 FR 45376).
The 2013 SEIS resulted in the Service
moving the annual summer-fall SRC
meeting from July to October or
November, and this procedural change
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has greatly shortened the period to
publish the proposed subsistence
harvest regulations and solicit
comments before subsistence harvest
seasons start on April 2 each year. 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
Regulatory Planning and Review
(Executive Orders 12866, 13563, and
14094)
Executive Order (E.O.) 14094 amends
and reaffirms the principles of E.O.
12866 and E.O. 13563 and states that
regulatory analysis should facilitate
agency efforts to develop regulations
that serve the public interest, advance
statutory objectives, and are consistent
with E.O. 12866 and 13563. Regulatory
analysis, as practicable and appropriate,
shall recognize distributive impacts and
equity, to the extent permitted by law.
Executive Order 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.
Executive Order 12866, as reaffirmed
by E.O. 13563 and E.O. 14094, 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.
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Regulatory Flexibility Act
The Department of the Interior
certifies that, if adopted as proposed,
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. The regulations at
50 CFR part 92 legalize a preexisting
subsistence activity. The commodities
that are regulated under these
regulations are migratory birds, and the
resources harvested are consumed. This
proposed rule would make only modest
changes to the current regulations.
Congressional Review Act
This proposed rule is not a major rule
under 5 U.S.C. 804(2), the Congressional
Review Act. This proposed rule:
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(a) Would not have an annual effect
on the economy of $100 million or
more. The regulations at 50 CFR part 92
legalize the subsistence harvest of
migratory birds and, as such, do not
involve commodities traded in the
marketplace. This proposed rule would
not result in a substantial increase in
subsistence harvest or a significant
change in harvesting patterns.
(b) Would not cause a major increase
in costs or prices for consumers;
individual industries; Federal, State, or
local government agencies; or
geographic regions. This proposed rule
does not deal with traded commodities
and, therefore, would not have an
impact on prices for consumers.
(c) Would not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This proposed rule deals with the
harvesting of wildlife for personal
consumption. It would not regulate the
marketplace in any way to generate
substantial effects on the economy or
the ability of businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified
under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this
proposed rule would not impose a cost
of $100 million or more in any given
year on local, State, or Tribal
governments or private entities. The
proposed rule would not have a
significant or unique effect on local,
State, 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 Council
requires travel expenses for some Alaska
Native organizations and local
governments. In addition, they assume
some expenses related to coordinating
involvement of village councils in the
regulatory process. Total coordination
and travel expenses for all Alaska
Native organizations are estimated to be
less than $300,000 per year. When
funding permits, the Service makes
annual grant agreements available to the
partner organizations and the ADFG to
help offset their expenses. However, this
proposed rule would not revise any
regulations pertaining to participation
in the regulatory process.
Takings (Executive Order 12630)
Under the criteria in Executive Order
12630, this proposed rule would not
have significant takings implications.
The regulations at 50 CFR part 92 are
not specific to particular landownership
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but instead apply to the harvesting of
migratory bird resources throughout
Alaska. A takings implication
assessment is not required.
Federalism (Executive Order 13132)
In accordance with Executive Order
13132 (Federalism), this proposed rule
does not have significant federalism
implications to warrant the preparation
of a federalism summary impact
statement. The Service worked with the
State of Alaska to develop these
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 9, 2000),
‘‘Consultation and Coordination with
Indian Tribal Governments,’’ and
Department of the 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 changes to the migratory
bird subsistence harvest regulations.
We implemented the amended treaty
with Canada with a focus on local
involvement. The treaty calls for the
creation of management bodies to
ensure an effective and meaningful role
for Alaska’s indigenous inhabitants in
the conservation of migratory birds.
According to the Letter of Submittal,
management bodies are to include
Alaska Native, Federal, and State of
Alaska representatives as equals. They
develop recommendations for, among
other things: seasons and bag limits,
methods and means of take, law
enforcement policies, population and
harvest monitoring, educational
programs, research and use of
traditional knowledge, and habitat
protection. The management bodies
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Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
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 proposed rule does not contain
any new collection of information that
requires approval by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). An agency may
not conduct or sponsor, and a person is
not required to respond to, a collection
of information unless it displays a
currently valid OMB control number.
OMB has previously approved the
information collection requirements
associated with subsistence harvest
reporting and assigned the following
OMB control numbers:
• Alaska Migratory Bird Subsistence
Harvest Household Survey, OMB
Control Number 1018–0124 (expires
July 31, 2027), and
• Regulations for the Taking of
Migratory Birds for Subsistence Uses in
Alaska, 50 CFR part 92, OMB Control
Number 1018–0178 (expires July 31,
2027).
National Environmental Policy Act
Consideration (42 U.S.C. 4321 et seq.)
Energy Supply, Distribution, or Use
(Executive Order 13211)
ddrumheller on DSK120RN23PROD with PROPOSALS1
Executive Order 13211 requires
agencies to prepare statements of energy
effects when undertaking certain
19:06 Jan 18, 2025
Jkt 265001
References Cited
Naves, Liliana C. and Lara, F. Mengak. 2023.
Bird and Egg Harvest on the AleutianPribilof Islands and the Kodiak
Archipelago, 2020. Alaska Department of
Fish and Game Division of Subsistence,
Technical Paper No. 493, Anchorage.
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 50 CFR
part 92 as set forth below:
PART 92—MIGRATORY BIRD
SUBSISTENCE HARVEST IN ALASKA
1. The authority citation for part 92
continues to read as follows:
■
Authority: 16 U.S.C. 703–712.
2. Amend § 92.4 by revising the
definition of ‘‘Alaska Native’’ to read as
follows:
■
§ 92.4
The regulations at 50 CFR part 92 and
options are considered in the
environmental assessment, ‘‘Managing
Migratory Bird Subsistence Hunting in
Alaska: Hunting Regulations for the
2025 Spring/Summer Harvest.’’ Copies
are available from the person listed
under FOR FURTHER INFORMATION
CONTACT.
VerDate Sep<11>2014
actions. This proposed rule 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. This proposed rule would
not have any effect on energy supplies,
distribution, or use. Therefore, this
action is not a significant energy action
under Executive Order 13211, and a
statement of energy effects is not
required.
Definitions.
*
*
*
*
*
Alaska Native means the same as
‘‘Native,’’ defined in section 3(b) of the
Alaska Native Claims Settlement Act, 43
U.S.C. 1602(b).
*
*
*
*
*
■ 3. Amend § 92.22 by:
■ a. Revising the introductory text;
■ b. Removing paragraph (a)(1);
■ c. Redesignating paragraphs (a)(2)
through (33) as paragraphs (a)(1)
through (32); and
■ d. Revising paragraphs (i)(6) and (l)(1)
and (2).
The revisions read as follows:
PO 00000
Frm 00230
Fmt 4702
Sfmt 9990
§ 92.22 Subsistence migratory bird
species.
You may harvest birds or gather eggs
from the following species, listed in
taxonomic order, within all included
areas except where region-specific
harvest restrictions apply as set forth in
§ 92.31. When birds are listed at the
species level, all subspecies existing in
Alaska are also open to harvest. All bird
species not listed are closed to
harvesting and egg gathering.
*
*
*
*
*
(i) * * *
(6) Short-billed Gull (Larus
brachyrhynchus).
*
*
*
*
*
(l) * * *
(1) Double-crested Cormorant
(Nannopterum auritum).
(2) Pelagic Cormorant (Urile
pelagicus).
*
*
*
*
*
■ 4. Amend § 92.31 by revising the
introductory text of paragraph (e) to
read as follows:
§ 92.31
Region-specific regulations.
*
*
*
*
*
(e) Kodiak Archipelago region. No
hunting or egg gathering for Arctic terns,
Aleutian terns, short-billed gulls, and
emperor geese is allowed in the Kodiak
Island Roaded Area. The Kodiak Island
Roaded Area consists of that portion of
Kodiak Island (including exposed
tidelands) south of a line from
Termination Point along the north side
of Cascade Lake to Anton Larsen Bay
and east of a line from Crag Point to the
west end of Saltery Cove. Marine waters
adjacent to the Kodiak Island Roaded
Area within 500 feet from the water’s
edge are included in the Kodiak Island
Roaded Area. The Kodiak Island Roaded
Area does not include islands offshore
of Kodiak Island.
*
*
*
*
*
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2025–00512 Filed 1–17–25; 8:45 am]
BILLING CODE 4333–15–P
E:\FR\FM\21JAP1.SGM
21JAP1
Agencies
[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 7066-7070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00512]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2024-0197; FXMB12610700000-201-FF07M01000]
RIN 1018-BG70
Migratory Bird Subsistence Harvest in Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
proposing changes to the migratory bird subsistence harvest regulations
in Alaska. Subsistence harvest regulations allow for the continuation
of customary and traditional subsistence uses of migratory birds in
Alaska and establish when and where the harvesting of certain migratory
birds may occur within each subsistence region. Subsistence harvest
regulations, including these proposed changes, were developed under a
co-management process involving the Service, the Alaska Department of
Fish and Game, and Alaska Native representatives.
DATES: We will accept comments received or postmarked on or before
February 20, 2025.
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-2024-0197.
U.S. Mail: Public Comments Processing, Attn: FWS-R7-MB-
2024-0197, U.S. Fish and Wildlife Service, MS: JAO/3W, 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 Public Comment Procedures, below, for more information).
FOR FURTHER INFORMATION CONTACT: Wendy Loya, U.S. Fish and Wildlife
Service, 1011 E Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
227-2942. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point of contact in
the United States. Please see Docket No. FWS-R7-MB-2024-0197 on https://www.regulations.gov for a document that summarizes this proposed rule.
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 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 via https://www.regulations.gov. Search for FWS-R7-MB-2024-0197, which is the
docket number for this rulemaking.
Background
The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.)
was enacted to protect migratory birds and gives the Secretary of the
Interior the authority to regulate the harvest of certain migratory
birds. The law further authorizes the Secretary to issue regulations to
ensure that the indigenous inhabitants of the State of Alaska may take
certain migratory birds and collect their eggs for nutritional and
other essential needs during seasons established by the Secretary to
provide for the preservation and maintenance of these migratory birds
(16 U.S.C. 712(1)).
The take of migratory birds for subsistence uses in Alaska occurs
primarily during the spring and summer, a timeframe not included in the
fall and winter general migratory game bird hunting regulations for the
United States. Regulations governing the subsistence harvest of
migratory birds in Alaska are located in title 50 of the Code of
Federal Regulations (CFR) in part 92. These regulations allow for the
continuation of customary and traditional subsistence uses of migratory
birds and establish when and where the harvesting of certain birds in
Alaska may occur within each subsistence region.
The migratory bird subsistence harvest regulations are developed
cooperatively. The Alaska Migratory Bird Co-Management Council (Council
or AMBCC) consists of the Service, the Alaska Department of Fish and
Game (ADFG), and Alaska Native representatives. The Council's primary
purpose is to develop recommendations pertaining to the subsistence
harvest of migratory birds.
The Council generally holds an annual spring meeting to review and
recommend any regulatory changes for migratory bird subsistence harvest
regulations in Alaska. The Council met May 22-23, 2024, and recommended
changes to the subsistence harvest regulations intended to take effect
beginning with the 2025 harvest season. The Council's recommendations
were presented to the Pacific Flyway Council for their review and
comment and subsequent submission to the Service Regulations Committee
(SRC) for consideration at the SRC meeting on November 19, 2024.
Proposed Revisions to the Regulations
Under the collaborative process described above, this document
proposes the following revisions to the regulations for the taking of
certain migratory birds for subsistence uses in Alaska during the
spring and summer.
Proposed Revision to Subpart A
In 50 CFR part 92, subpart A (general provisions), we propose to
correct a reference to the United States Code (U.S. Code). The current
definition for Alaska Native in Sec. 92.4 incorrectly references 16
U.S.C. 1602(b), which refers to section 3(b) of the Alaska Native
Claims Settlement Act. The Alaska Native Claims Settlement Act is found
in title 43 not title 16 of the U.S.
[[Page 7067]]
Code. Therefore, the definition needs to be corrected to reference 43
U.S.C. 1602(b).
Proposed Revisions to Subpart C
In 50 CFR part 92, subpart C (general regulations governing
subsistence harvest), we propose several changes to clarify the
language regarding regional species closures, remove a species from the
list of subsistence migratory bird species, and update the common and
or scientific names of three species.
First, we propose revisions to clarify that the list of species
open to subsistence harvest in Sec. 92.22 may have additional region-
specific harvest restrictions that do not appear in the list of
subsistence migratory bird species. The language in the introductory
paragraph in Sec. 92.22 states that the only exceptions to the species
open to harvest is a regional closure in Southeast Alaska for the
harvest of all migratory bird species except glaucous-winged gulls for
egg harvesting only. While this provision was accurate at the time the
regulation was initially promulgated, current regulations include other
regional species-specific harvest restrictions, some of which are
included in the statewide list of subsistence migratory bird species at
Sec. 92.22. For example, for tundra swans, the regulation at Sec.
92.22(a)(7) states that these birds and their eggs may be harvested
except in Units 9(D) and 10. However, some regions in Alaska have
species-specific harvest restrictions that are not listed in the
statewide list of subsistence migratory bird species and are found only
in Sec. 92.31 (region-specific regulations). For example, in the Gulf
of Alaska region's Prince William Sound Area East (Sec.
92.31(j)(2)(iii)), most non-waterfowl species are closed to harvest,
but these restrictions can be found only in the region-specific
regulations. Given this ambiguity, we propose to revise the language in
the introductory paragraph of Sec. 92.22 to clarify that regional
species-specific harvest restrictions may exist in the region-specific
regulations.
Second, we propose revisions to the list of subsistence migratory
bird species in Sec. 92.22 to reflect the Council's recommendation to
close emperor goose harvest statewide. In 2016, the Council adopted an
Emperor Goose Management Plan (Plan) to guide regulations for a spring-
summer subsistence harvest of emperor geese and their eggs, which were
opened to legal harvest in spring 2017. The Plan was developed in
conjunction with the revised Pacific Flyway Council Management Plan for
Emperor Geese (2016) that prescribes recommendations for the fall-
winter hunting regulations. The two management plans complement each
other and use the same population assessment methods, population
objectives, and regulatory thresholds in their respective harvest
strategies. The harvest strategy in the Plan uses the indicated total
bird index (index) from the Yukon-Kuskokwim Delta Coastal Zone (Coastal
Zone) survey that the Service conducts to assess population status
relative to established thresholds. The harvest strategy specifies that
the spring-summer subsistence emperor goose season will be open if the
Coastal Zone index from the previous year is greater than 23,000 birds,
and harvest will be closed if the index is below that threshold. If the
Coastal Zone index is between 23,000 and 28,000 birds, the Council will
consider implementing regulatory or nonregulatory conservation
measures. The 2024 Coastal Zone index was 18,788 (95 percent confidence
interval of 16,589-20,988) birds, which is below the harvest closure
threshold of 23,000 birds. Thus, the Council recommended that the 2025
spring-summer subsistence season be closed to harvesting emperor geese.
This recommendation was supported by the Pacific Flyway Council and the
SRC in November 2024 and intended for implementation beginning with the
2025 subsistence harvest season. Therefore, we propose to remove
emperor geese from the list of subsistence migratory bird species open
to harvest in Sec. 92.22.
Third, we propose an update to the list of subsistence migratory
bird species in Sec. 92.22 to incorporate changes in the list of birds
protected by the MBTA at 50 CFR 10.13. On July 31, 2023, we published
in the Federal Register (88 FR 49310) a revised list of migratory birds
protected under the MBTA by adding or removing species or changing
species names. Reasons for the changes to the list in Sec. 10.13
included revised taxonomy and new evidence of natural occurrence or
absence in the United States or U.S. territories. That rule went into
effect on August 30, 2023. The revised list had updated nomenclature
for three species on the list of subsistence migratory bird species at
Sec. 92.22.
Therefore, to be consistent with the list in Sec. 10.13, we are
proposing to change the common and scientific names of mew gull and
change the scientific names for two species of cormorants, pelagic and
double-crested, in Sec. 92.22. The species formerly named mew gull has
been split into two species, the common gull (Larus canus), which
primarily occurs in Europe and Asia, and the short-billed gull (Larus
brachyrhynchus), which occurs in North America. Therefore, we propose
to replace mew gull (Larus canus) with short-billed gull (Larus
brachyrhynchus). Pelagic and double-crested cormorants formerly shared
the genus name Phalacrocorax, but now this genus has been split into
multiple genera. We propose to update the scientific names of pelagic
cormorant to Urile pelagicus and double-crested cormorant to
Nannopterum auritum.
Proposed Revisions to Subpart D
In part 92, subpart D (annual regulations governing subsistence
harvest), we propose to revise the regulations in Sec. 92.31 to
reflect the Council's recommendation to eliminate the permit
requirement in the Kodiak Island Roaded Area (KIRA) and to change the
species names for mew gulls. In 2021, spring-summer subsistence
harvesting of migratory birds and eggs was opened experimentally for 3
years (2021-2023) in the Kodiak Archipelago region's KIRA by
registration permit with a harvest reporting requirement. The Service
requested that the Council evaluate harvest information from the
experimental seasons before a season could be considered for
operational status. In October 2023, the SRC recommended extending the
experimental season by 1 year through 2024 to provide hunting
opportunity while the Council completed their review. An announcement
was published in the Federal Register on May 1, 2024 (89 FR 35010), to
inform the public of the 1-year extension.
Following the 2023 subsistence season, the Council evaluated the
harvest data from the experimental period. Based on permit report data,
the Council determined that harvest was low during the experimental
period; the average annual harvest of migratory birds and eggs in the
KIRA during 2021-2023 was 122 birds and 100 eggs. For context, the data
can be compared to the reported harvest from the last survey of the
Kodiak Archipelago region in 2020. Residents in communities of the
Kodiak Roaded Area subregion (communities that occur on the road system
but hunted outside the KIRA) harvested 3,812 migratory birds and 2,612
eggs during that spring-summer season (Naves and Mengak 2023). Assuming
KIRA permit registrants in 2021-2023 were residents of the KIRA, and
their hunt effort was similar to 2020, average annual migratory birds
and eggs harvested during the experimental period represented 3 percent
of total birds (122 of 3,812) and 4 percent of total eggs (100 of
2,612) harvested in the
[[Page 7068]]
subregion. Based on this information, the Council concluded that an
operational spring-summer hunt in the KIRA was unlikely to
significantly increase harvest in the Kodiak Archipelago region.
Participation in the permit hunt was low and slightly increased
over the experimental period, evidenced by issued permits: 46 in 2021,
58 in 2022, and 64 in 2023. The Council noted that the increase in
participants over the experimental period was minimal, but future
participation will be difficult to measure without a permit
requirement. However, the Council also recognized that a change in
participation may be indirectly monitored through public reports to
Tribal organizations, the Kodiak City government, local law
enforcement, ADFG, and the Service. If the increase is significant, the
Council may consider future surveys to assess change in hunter
participation, and if warranted, propose regulatory changes.
Nonetheless, given the low harvest during the experimental season, the
Council recommended eliminating the permit and harvest reporting
requirement, acknowledging that such requirements are not part of
customary and traditional hunting practices, may be a barrier to
Indigenous participation, and are costly to administer.
The Council recommended retaining the species closures for Aleutian
terns, Arctic terns, short-billed gulls, and emperor geese within the
KIRA to protect species of conservation concern. Aleutian tern nesting
colonies have declined by more than 80 percent in Alaska over the last
20 years, and only a few colonies remain on Kodiak Island. The largest
colonies are within the KIRA, and implementing protective regulations
for this species is a priority of the Council. Further, to offer
additional protection for Aleutian terns, the season for Arctic terns
and short-billed gulls, which nest in the same areas as Aleutian terns,
will remain closed to harvest to reduce accidental harvest and colony
disturbance of Aleutian terns. The KIRA will also remain closed to
emperor geese (when emperor geese are open to harvest), a species of
management concern, given that an open season may increase harvest for
emperor geese along the road system.
On May 22, 2024, the Council recommended an amendment to the
regulations for the Kodiak Archipelago region to remove the permit and
reporting requirements, retain the four species closures, and make the
season operational in the KIRA. This regulatory amendment was supported
by the Pacific Flyway Council and the SRC in November 2024 and intended
for implementation beginning with the 2025 subsistence season.
Compliance With the MBTA and the Endangered Species Act
The Service has dual objectives and responsibilities for
authorizing a subsistence harvest while protecting migratory birds and
threatened species. Although these objectives continue to be
challenging, they are not irreconcilable, provided that: (1)
Regulations continue to protect threatened species, (2) measures to
address documented threats are implemented, and (3) the subsistence
community and other conservation partners commit to working together.
Mortality, sickness, and poisoning from lead exposure have been
documented in many waterfowl species, including threatened spectacled
eiders (Somateria fischeri) and the Alaska-breeding population of
Steller's eiders (Polysticta stelleri). While lead shot has been banned
nationally for waterfowl hunting since 1991, Service staff have
documented the availability of lead shot in waterfowl 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 several decades 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 proposed rule will provide for the
preservation and maintenance of migratory birds as required by the
MBTA. Communication and coordination with the AMBCC and the Pacific
Flyway Council have aided in the establishment of hunting regulations
to ensure the long-term viability of the migratory birds exposed to
harvest.
Endangered Species Act Consideration
Spectacled eiders and the Alaska-breeding population of Steller's
eiders are listed as threatened species under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Their migration
and breeding distribution overlap with areas where the spring and
summer subsistence migratory bird harvest is open in Alaska. Neither
species is included in the list of subsistence migratory bird species
at Sec. 92.22; therefore, both species are closed to subsistence
harvest. Under Sec. Sec. 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 ensure that any action authorized,
funded, or carried out by the Department of the Interior is not likely
to jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of critical habitat.
The Service's Alaska Region Migratory Bird Management Program will
conduct an intra-agency consultation with the Service's Northern Alaska
Fish and Wildlife Field Office on this proposed rule. A biological
opinion will be updated based on new information to ensure this
proposed rulemaking action is 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 expect that this proposed rule will comply with the ESA.
Comment Period
Implementation of the Service's 2013 supplemental environmental
impact statement (SEIS) 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 Hunting of Migratory
Birds (SEIS 20130139),'' filed with the Environmental Protection Agency
on May 24, 2013, addressed 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 of the SEIS in the Federal Register on May 31,
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR
45376).
The 2013 SEIS resulted in the Service moving the annual summer-fall
SRC meeting from July to October or November, and this procedural
change
[[Page 7069]]
has greatly shortened the period to publish the proposed subsistence
harvest regulations and solicit comments before subsistence harvest
seasons start on April 2 each year. 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
Regulatory Planning and Review (Executive Orders 12866, 13563, and
14094)
Executive Order (E.O.) 14094 amends and reaffirms the principles of
E.O. 12866 and E.O. 13563 and states that regulatory analysis should
facilitate agency efforts to develop regulations that serve the public
interest, advance statutory objectives, and are consistent with E.O.
12866 and 13563. Regulatory analysis, as practicable and appropriate,
shall recognize distributive impacts and equity, to the extent
permitted by law. Executive Order 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.
Executive Order 12866, as reaffirmed by E.O. 13563 and E.O. 14094,
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.
Regulatory Flexibility Act
The Department of the Interior certifies that, if adopted as
proposed, 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. The regulations at 50 CFR part 92
legalize a preexisting subsistence activity. The commodities that are
regulated under these regulations are migratory birds, and the
resources harvested are consumed. This proposed rule would make only
modest changes to the current regulations.
Congressional Review Act
This proposed rule is not a major rule under 5 U.S.C. 804(2), the
Congressional Review Act. This proposed rule:
(a) Would not have an annual effect on the economy of $100 million
or more. The regulations at 50 CFR part 92 legalize the subsistence
harvest of migratory birds and, as such, do not involve commodities
traded in the marketplace. This proposed rule would not result in a
substantial increase in subsistence harvest or a significant change in
harvesting patterns.
(b) Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This proposed rule does not deal with
traded commodities and, therefore, would not have an impact on prices
for consumers.
(c) Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
proposed rule deals with the harvesting of wildlife for personal
consumption. It would not regulate the marketplace in any way to
generate substantial effects on the economy or the ability of
businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this proposed rule would not impose a
cost of $100 million or more in any given year on local, State, or
Tribal governments or private entities. The proposed rule would not
have a significant or unique effect on local, State, 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 Council
requires travel expenses for some Alaska Native organizations and local
governments. In addition, they assume some expenses related to
coordinating involvement of village councils in the regulatory process.
Total coordination and travel expenses for all Alaska Native
organizations are estimated to be less than $300,000 per year. When
funding permits, the Service makes annual grant agreements available to
the partner organizations and the ADFG to help offset their expenses.
However, this proposed rule would not revise any regulations pertaining
to participation in the regulatory process.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this proposed rule
would not have significant takings implications. The regulations at 50
CFR part 92 are not specific to particular landownership but instead
apply to the harvesting of migratory bird resources throughout Alaska.
A takings implication assessment is not required.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132 (Federalism), this
proposed rule does not have significant federalism implications to
warrant the preparation of a federalism summary impact statement. The
Service worked with the State of Alaska to develop these 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 9,
2000), ``Consultation and Coordination with Indian Tribal
Governments,'' and Department of the 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
changes to the migratory bird subsistence harvest regulations.
We implemented the amended treaty with Canada with a focus on local
involvement. The treaty calls for the creation of management bodies to
ensure an effective and meaningful role for Alaska's indigenous
inhabitants in the conservation of migratory birds. According to the
Letter of Submittal, management bodies are to include Alaska Native,
Federal, and State of Alaska representatives as equals. They develop
recommendations for, among other things: seasons and bag limits,
methods and means of take, law enforcement policies, population and
harvest monitoring, educational programs, research and use of
traditional knowledge, and habitat protection. The management bodies
[[Page 7070]]
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 proposed rule does not contain any new collection of
information that requires approval by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has previously approved the
information collection requirements associated with subsistence harvest
reporting and assigned the following OMB control numbers:
Alaska Migratory Bird Subsistence Harvest Household
Survey, OMB Control Number 1018-0124 (expires July 31, 2027), and
Regulations for the Taking of Migratory Birds for
Subsistence Uses in Alaska, 50 CFR part 92, OMB Control Number 1018-
0178 (expires July 31, 2027).
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The regulations at 50 CFR part 92 and options are considered in the
environmental assessment, ``Managing Migratory Bird Subsistence Hunting
in Alaska: Hunting Regulations for the 2025 Spring/Summer Harvest.''
Copies are available from the person listed under FOR FURTHER
INFORMATION CONTACT.
Energy Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 requires agencies to prepare statements of
energy effects when undertaking certain actions. This proposed rule 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. This proposed rule would not have any effect on energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action under Executive Order 13211, and a statement
of energy effects is not required.
References Cited
Naves, Liliana C. and Lara, F. Mengak. 2023. Bird and Egg Harvest on
the Aleutian-Pribilof Islands and the Kodiak Archipelago, 2020.
Alaska Department of Fish and Game Division of Subsistence,
Technical Paper No. 493, Anchorage.
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 50 CFR
part 92 as set forth below:
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. 92.4 by revising the definition of ``Alaska Native'' to
read as follows:
Sec. 92.4 Definitions.
* * * * *
Alaska Native means the same as ``Native,'' defined in section 3(b)
of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(b).
* * * * *
0
3. Amend Sec. 92.22 by:
0
a. Revising the introductory text;
0
b. Removing paragraph (a)(1);
0
c. Redesignating paragraphs (a)(2) through (33) as paragraphs (a)(1)
through (32); and
0
d. Revising paragraphs (i)(6) and (l)(1) and (2).
The revisions read as follows:
Sec. 92.22 Subsistence migratory bird species.
You may harvest birds or gather eggs from the following species,
listed in taxonomic order, within all included areas except where
region-specific harvest restrictions apply as set forth in Sec. 92.31.
When birds are listed at the species level, all subspecies existing in
Alaska are also open to harvest. All bird species not listed are closed
to harvesting and egg gathering.
* * * * *
(i) * * *
(6) Short-billed Gull (Larus brachyrhynchus).
* * * * *
(l) * * *
(1) Double-crested Cormorant (Nannopterum auritum).
(2) Pelagic Cormorant (Urile pelagicus).
* * * * *
0
4. Amend Sec. 92.31 by revising the introductory text of paragraph (e)
to read as follows:
Sec. 92.31 Region-specific regulations.
* * * * *
(e) Kodiak Archipelago region. No hunting or egg gathering for
Arctic terns, Aleutian terns, short-billed gulls, and emperor geese is
allowed in the Kodiak Island Roaded Area. The Kodiak Island Roaded Area
consists of that portion of Kodiak Island (including exposed tidelands)
south of a line from Termination Point along the north side of Cascade
Lake to Anton Larsen Bay and east of a line from Crag Point to the west
end of Saltery Cove. Marine waters adjacent to the Kodiak Island Roaded
Area within 500 feet from the water's edge are included in the Kodiak
Island Roaded Area. The Kodiak Island Roaded Area does not include
islands offshore of Kodiak Island.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2025-00512 Filed 1-17-25; 8:45 am]
BILLING CODE 4333-15-P