[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Proposed Rules]
[Pages 11707-11716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03979]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[Docket No. FWS-R7-MB-2020-0134; FXMB12610700000-201-FF07M01000]
RIN 1018-BF08


Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations 
for Migratory Birds in Alaska During the 2021 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or USFWS) 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 
March 29, 2021.
    Information Collection Requirements: If you wish to comment on the 
information collection requirements in this proposed rule, please note 
that the Office of Management and Budget (OMB) is required to make a 
decision concerning the collection of information contained in this 
proposed rule between 30 and 60 days after publication of this proposed 
rule in the Federal Register. Therefore, comments should be submitted 
to OMB by March 29, 2021.

ADDRESSES: You may submit comments by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R7-
MB-2020-0134.
    <bullet> U.S. mail: Public Comments Processing, Attn: FWS-R7-MB-
2020-0134; U.S. Fish and Wildlife Service, MS: JAO/3W, 5275 Leesburg 
Place, Falls Church, VA 22041-3803.
    We will post all comments on http://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).

[[Page 11708]]

    Information Collection Requirements: Written comments and 
suggestions on the information collection requirements should be 
submitted within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. Please provide a copy of 
your comments to the Service Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), 
Falls Church, VA 22041-3803 (mail); or <a href="/cdn-cgi/l/email-protection#e6af888089b9a5898a8aa6809195c8818990"><span class="__cf_email__" data-cfemail="bcf5d2dad3e3ffd3d0d0fcdacbcf92dbd3ca">[email protected]</span></a> (email). 
Please reference ``OMB Control Number 1018-BF08'' in the subject line 
of your comments.

FOR FURTHER INFORMATION CONTACT: Eric J. Taylor, U.S. Fish and Wildlife 
Service, 1011 E Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 
903-7210.

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 http://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 http://www.regulations.gov. Search for FWS-R7-MB-2020-0134, 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 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 
or AMBCC) 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 2020, 
the in-person spring meeting did not occur due to the coronavirus. 
Instead, the Council met virtually via teleconference on May 4, 2020, 
to approve subsistence harvest regulations that would take effect 
during the 2021 harvest season. The Council's recommendations were 
presented to the Pacific Flyway Council for review and subsequent 
submission to the Service Regulations Committee (SRC) for approval at 
the SRC meeting on October 20-21, 2020.
    This proposed rule contains two changes to the subsistence harvest 
regulations recommended by the Council in 2020 for the subsistence 
harvest season, and three clarifications, 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.
    For the 2021 season, we are proposing one change to the regulations 
in part 92, subpart A (general provisions) and one change to part 92, 
subpart C (general regulations governing the subsistence harvest). In 
addition, we include three clarifications, as described below.

(1) Upper Copper River Region Permit for Hunters From Excluded Areas To 
Hunt in the Region

    This proposed change to the regulations in part 92, subpart A 
(general provisions) would add another method (a permit) to invite a 
hunter from an excluded area to participate in the spring-summer 
subsistence hunt in the Upper Copper River region.
    Current regulations in 50 CFR 92.5(d) allow immediate family 
members (children, parents, grandparents, and siblings) living in 
excluded areas to participate in the customary spring-summer 
subsistence harvest of migratory birds in a village's subsistence area, 
if invited via letter by the respective Village Council, to assist 
permanent residents of the village in meeting their nutritional and 
other essential needs or for teaching cultural knowledge. A letter of 
invitation is sent to the hunter with a copy provided to the Executive 
Director of the AMBCC, who will inform the Service's Alaska Regional 
Office of Law Enforcement within 2 business days. In addition to the 
letter of invitation, this proposal would add another method (a permit) 
to invite a hunter from an excluded area to participate in the spring-
summer subsistence hunt in the Upper Copper River region. The permit 
would certify that the prospective hunter is an immediate family member 
as defined in 50 CFR 92.4 and is thereby authorized to assist family 
members in hunting migratory birds in the subsistence harvest area of 
the region.
    To date, the AMBCC Executive Director has received two letters of 
invitation to hunt in the State of Alaska since the last revision of 50 
CFR 92.5(d) in 2014 (79 FR 19454, April 8, 2014). The letter of 
invitation requirement is viewed by the Upper Copper River

[[Page 11709]]

Region as burdensome and administratively inefficient due in large part 
to high turnover in Tribal administrative staff. In the Upper Copper 
River Region, an invitation to hunt by permit is considered less 
onerous and a more practical approach for eligible hunters to invite 
participation by family member living in excluded areas. The proposed 
regulation would add the invitation by permit as an option for Tribal 
Councils or their authorized tribal representatives in the Upper Copper 
River Region to administer the invitation to hunt in their subsistence 
harvest area. Invited hunters would be required to carry the permit 
while hunting as proof of eligibility. The permit would be valid for 2 
years from the date of issuance. A list of permittees will be forwarded 
to the AMBCC Executive Director, who will then forward the list to the 
Service's Alaska Regional Office of Law Enforcement.
    This proposed change to the regulations in subpart A is not 
anticipated to result in a significant increase in harvest of birds and 
eggs in the Upper Copper River Region because invited hunters are 
authorized only to assist in fulfilling the needs of immediate family 
members in villages or teaching cultural knowledge.

(2) Closure on Harvest of Emperor Goose Eggs Statewide

    This proposed change to the regulations in part 92, subpart C 
(general regulations governing the subsistence harvest general 
provisions) closes the harvest of emperor goose eggs statewide.
    The abundance (index) of emperor geese (Anser canagicus) is 
estimated annually via the Service's (Alaska Region) Yukon-Kuskokwim 
Delta Coastal Zone (Coastal Zone) survey. This information is used to 
inform harvest management decisions for emperor geese based on harvest 
strategies in the AMBCC Emperor Goose Management Plan (Plan) and the 
Pacific Flyway Council Management Plan. The harvest strategy in the 
Plan prescribes an open emperor geese subsistence season if the Coastal 
Zone index from the previous year is greater than 23,000 geese, and a 
closed season if the index is below 23,000 geese. If the Coastal Zone 
index is between 23,000 and 28,000 geese, the AMBCC will consider 
implementing regulatory or nonregulatory conservation measures to help 
avoid a closed season in subsequent seasons. In 2019, the Coastal Zone 
index (26,585; 95% Confidence Limit = 24,161-29,008 geese) dropped 
below the 28,000-bird threshold that triggers consideration of 
conservation measures. For the 2020 spring-summer hunting season, the 
AMBCC agreed to develop and distribute outreach and educational 
materials to help limit emperor goose harvest. The coronavirus forced 
the cancellation of the Coastal Zone survey in 2020. Consequently, no 
Coastal Zone index was available to inform regulatory decisions for the 
2021 season.
    The harvest strategy in the Plan does not include guidance on 
making regulatory decisions in the absence of previous year's survey 
data; thus, the AMBCC's Emperor Goose Subcommittee convened on June 2, 
2020, to consider available emperor goose population status information 
in the absence of the 2020 Coastal Zone index. They considered results 
from a number of approaches to infer emperor goose population status in 
2020 including prediction from a demographic model (Osnas 2020). 
Results from the different approaches were in general agreement, and 
indicated that abundance of emperor geese in 2020 likely remains 
between the 23,000 and 28,000 population thresholds with low 
probability that abundance was below the closure threshold.
    Because the predicted abundance of emperor geese remains between 
the population thresholds requiring consideration of conservation 
measures, the AMBCC Emperor Goose Subcommittee and AMBCC recommended 
the emperor goose season remain open in 2021. This recommendation 
includes outreach and educational efforts and closure of emperor goose 
egg gathering in Alaska to help limit harvest of emperor geese, 
considering the uncertainty in emperor goose population status in 2020 
and the desire to reduce the probability of having a closed season in 
the future. This proposed regulatory change would affect the list of 
subsistence migratory bird species in Sec.  92.22, which is in subpart 
C.

Clarification of Central Interior Excluded Area Boundary

    Current regulations in 50 CFR 92.5(b)(1) define the geographic 
boundaries of the Central Interior Excluded Area but mistakenly fail to 
include the Fairbanks North Star Borough. In 2007, the Service enacted 
the ADFG's request to expand the Fairbanks North Star Borough Excluded 
Area (72 FR 18317 April 11, 2007). This regulatory change appears in 50 
CFR 92.5(b)(3). The expanded Fairbanks North Star Borough Excluded Area 
was renamed the Central Interior Excluded Area, but the description of 
the area defined in 50 CFR 92.5(b)(3) fails to specifically include the 
Fairbanks North Star Borough. The proposed clarification includes the 
words ``Fairbanks North Star Borough'' in the description of the 
Central Interior Excluded Area.

Clarification of the Kodiak Archipelago Region Kodiak Island Roaded 
Area 3-Year Experimental Season

    In 2020, the Service approved a 3-year experimental season for 
migratory bird hunting and egg gathering by registration permit only 
within the Kodiak Island Roaded Area in the Kodiak Archipelago Region 
of Alaska, as recommended by the AMBCC in 2019 (85 FR 73233, November 
17, 2020). This regulatory change appears in 50 CFR 92.31. The Roaded 
Area was to remain closed to hunting and egg gathering for Arctic 
terns, Aleutian terns, mew gulls, and emperor geese. The regulation 
allows residents of the Kodiak Archipelago Region the opportunity to 
participate in subsistence hunting activities without the need for a 
boat in an area that otherwise restricts hunting to 500 feet offshore 
and offshore islands.
    Initially, we and the AMBCC expected that the 3-year experimental 
season would begin in 2020 and continue through 2022. We associated 
those years with the 3-year experimental season in the supplementary 
information of the proposed and final rules in 2020, although years 
were not specified in the regulations allowing the season. Delay in 
publishing the proposed and final rules in 2020 prevented the 3-year 
experimental season from beginning in 2020 as initially expected. 
Therefore, we clarify here that our intent remains the same--to allow a 
3-year experimental season for migratory bird hunting and egg gathering 
by registration permit along the Kodiak Island Roaded Area in the 
Kodiak Archipelago Region of Alaska--but that this season is now 
expected to occur during the 2021-2023 subsistence seasons. The 
experimental season will terminate at the completion of the third year, 
now expected to be in 2023. Reopening the Roaded Area after the 3-year 
experimental period will require a subsequent proposal from the AMBCC 
for continuation of the season under either operational or experimental 
status.

Clarification of the Kodiak Archipelago Region Kodiak Island Roaded 
Area Boundary

    As described above, in 2020, the Service approved a 3-year 
experimental season for migratory bird hunting and egg gathering by 
registration permit within the Kodiak Island Roaded Area

[[Page 11710]]

in the Kodiak Archipelago Region of Alaska, as recommended by the AMBCC 
in 2019 (85 FR 73233, November 17, 2020). This regulatory change 
appears in 50 CFR 92.31. Prior to this change, the Kodiak Island Roaded 
Area was closed to hunting. Following approval of a hunt within the 
previously closed area, the current boundary description of the Kodiak 
Island Roaded Area in 50 CFR 92.31(e) includes the term ``closed 
area.'' We propose to clarify the language by replacing the words 
``closed area'' with ``Kodiak Island Roaded Area'' in 50 CFR 92.31(e) 
and by improving the clarity of the boundary description.

Subsistence Migratory Bird Species

    On April 16, 2020, we published in the Federal Register (85 FR 
21282) a revised List of Migratory Birds protected under the Migratory 
Bird Treaty Act (MBTA) by both adding and removing species to the list, 
which appears in 50 CFR 10.13. Reasons for the changes to the list 
included adding species based on revised taxonomy and new evidence of 
natural occurrence in the United States or U.S. territories, removing 
species no longer known to occur within the United States or U.S. 
territories, and changing names to conform to accepted use. This rule 
went into effect on May 18, 2020. The revised List of Migratory Birds 
updated nomenclature (family or scientific name) for 17 species on the 
list of birds open to subsistence harvest (50 CFR 92.22) and separated 
Canada goose into two separate species: Cackling goose (Branta 
hutchinsii) and Canada goose (Branta canadensis). Therefore, to be 
consistent with the taxonomy on the List of Migratory Birds, we are 
proposing to update the taxonomy of the list of migratory birds open to 
subsistence harvest at 50 CFR 92.22, and correct 11 typographical 
errors in species common names. We are also taking this opportunity to 
reorganize the list of migratory birds open to subsistence harvest to 
follow the order of bird families as they appear in 50 CFR 10.13.
    Also, we are proposing to add the common snipe to the list of 
migratory birds open to subsistence harvest. On April 1, 2016, we 
published in the Federal Register (81 FR 18787) a revised list 
migratory bird subsistence species where we replaced the common snipe 
with Wilson's snipe to account for taxonomic changes; Wilson's snipe 
was previously considered a subspecies under common snipe. Snipe in 
Alaska are recognized primarily as Wilson's snipe, but common snipe are 
known to occur on the Aleutian Islands of Alaska. Thus, for 
administrative purposes, we clarify that snipe includes both recognized 
species in Alaska: Wilson's snipe and common snipe. Because, 
historically, common snipe applied to both species of snipe, the 
separation of these species in the list of migratory birds open to 
subsistence harvest will not result in differential harvest effects on 
either 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 
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 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 the past 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 proposed rule will provide for the 
preservation and maintenance of migratory bird stocks as required by 
the MBTA. Communication and coordination between the Service, the 
AMBCC, and the Pacific Flyway Council have allowed us to set harvest 
regulations to ensure the long-term viability of the migratory bird 
stocks.

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 hunt is open in Alaska. Neither 
species is included in the list of subsistence migratory bird species 
at 50 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 Service's Alaska Region Migratory Bird Management Program 
conducted an intra-agency consultation with the Service's Fairbanks 
Fish and Wildlife Field Office on this proposed rule. A biological 
opinion will be updated based on new information to ensure 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 
expect this rulemaking will comply with the ESA.

Comment Period

    Implementation of the Service's 2013 supplemental environmental 
impact statement (EIS) 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

[[Page 11711]]

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 of 
the EIS 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 EIS moved the annual SRC meeting from July to October, and 
this procedural change has greatly shortened our period each year to 
publish the proposed regulations and solicit comments. We are further 
bounded by a subsistence harvest start date of April 2, 2021. 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 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 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. 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 rulemaking 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 the Interior policy on Consultation 
with Indian Tribes (December 1, 2011), we will send letters

[[Page 11712]]

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 2021 
migratory bird subsistence harvest regulations.
    We implemented the amended treaty with Canada with a focus on local 
involvement. The treaty calls for the creation of management bodies to 
ensure an effective and meaningful role for Alaska's indigenous 
inhabitants in the conservation of migratory birds. According to the 
Letter of Submittal, management bodies are to include Alaska Native, 
Federal, and State of Alaska representatives as equals. They develop 
recommendations for, among other things: Seasons and bag limits, 
methods and means of take, law enforcement policies, population and 
harvest monitoring, educational programs, research and use of 
traditional knowledge, and habitat protection. The management bodies 
involve village councils to the maximum extent possible in all aspects 
of management. To ensure maximum input at the village level, we 
required each of the 11 participating regions to create regional 
management bodies consisting of at least one representative from the 
participating villages. The regional management bodies meet twice 
annually to review and/or submit proposals to the statewide body.

Paperwork Reduction Act of 1995 (PRA)

    This proposed rule contains existing, revised, and new information 
collections. All information collections require approval under the 
Paperwork Reduction Act of 1995 (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 previously approved the information collection requirements 
associated with subsistence harvest reporting and assigned OMB Control 
Number 1018-0124. We will submit a revision to 1018-0124 to incorporate 
the new harvest reporting requirements contained in this rulemaking. 
Additionally, we will request a new OMB control number for the permit 
and information letter requirements contained in this rulemaking.
    The existing information collection requirements identified are 
currently approved by OMB under Control Number 1018-0124:
    The harvest surveys collect information on the subsistence harvest 
in Alaska of ~60 species categories of birds and their eggs (geese, 
ducks, swans, crane, ptarmigan and grouse, seabirds, shorebirds, loons 
and grebes). Survey data includes species category and amounts of birds 
and eggs taken for subsistence use in each harvest season (spring, 
summer, fall, winter). The surveys rely on collaboration among the 
USFWS, the ADFG, and many Alaska Native organizations. Contracts and 
cooperative agreements are in place to facilitate the collection of 
data with Alaska Native organizations and other regional and local 
partners. Surveyors contact local residents. The ADFG Division of 
Subsistence coordinates the surveys on behalf of the AMBCC via a 
cooperative agreement with the USFWS.
    The USFWS uses the survey data to:
    (1) Inform harvest regulations for migratory birds and their eggs 
so they are consistent with the long-term sustainability of bird 
populations;
    (2) Document subsistence harvest trends and track changes in 
harvest;
    (3) Document the importance of birds as food and cultural resources 
for subsistence communities in Alaska;
    (4) Protect sustainable harvest opportunities; and
    (5) Assist in the development of management plans by State and 
Federal agencies.
    Federal and State agencies use the data collected to develop 
harvest regulations and protect sustainable harvest opportunities. The 
USFWS adjusts harvest regulations as needed to provide maximum and 
sustainable subsistence harvest opportunities while accounting for 
current bird population status and population goals established in 
species' management plans. The AMBCC uses this information to make 
regulation recommendations to the Service Regulations Committee. 
Nongovernmental organizations use survey data to monitor the status of 
uses of migratory bird resources in Alaska and internationally. The 
survey also became a main line of communication between wildlife 
management agencies and the local communities and harvesters.
    Participation in the surveys is voluntary for communities and 
households. In selected communities that agree to participate, 
surveyors compile a list of all permanent households or addresses, 
provide information about the survey, and assist households to complete 
the harvest report form (hardcopy) in in-person interviews. Households 
may offer comments on their harvest, on the availability of birds, on 
the survey, or any other topic related to bird harvest. The survey uses 
the following forms:
    (1) Tracking Sheet & Household Consent (FWS Form 3-2380): The 
surveyor invites each selected household to participate and completes 
FWS Form 3-2380 documenting whether each selected household agreed to 
participate, did not agree, or could not be contacted. The surveyor 
also uses this form to keep track of survey work.
    (2) Harvest Report (FWS Forms 3-2381-1, 3-2381-2, 3-2381-3, 3-2381-
4, and 3-2381-5: The forms have up to four sheets, one for each 
surveyed season. The Western and Interior forms (3-2381-1 and 3-2381-3; 
~394 households surveyed per year) have 3 sheets (spring, summer, and 
fall). The Bristol Bay form has 4 sheets (spring, summer, fall, winter; 
~110 households surveyed per year). The North Slope form has two sheets 
(spring and summer; ~150 households surveyed per year). The Cordova 
form has only 1 sheet (spring; ~27 households surveyed per year). The 
weighted average for the whole survey is 2.96 seasonal sheets (rounded 
as 3 for calculation of burden estimates). Each seasonal sheet has 
drawings of bird species, next to which are fields to record the number 
of birds and eggs harvested. Because bird species available for harvest 
vary in different regions of Alaska, there are five versions of the 
harvest report form with different sets of species. This helps to 
prevent erroneously recording bird species as harvested in areas where 
they do not usually occur.
    The revised and new information collection requirements identified 
below require approval by OMB in conjunction with the revision to OMB 
Control Number 1018-0124:
    (1) Splitting burden estimates for 3-2381-5, Cordova survey 
(REVISED): We realized the previous submission to OMB incorrectly 
reported 3 submissions of the Cordova survey rather than a single 
submission for the spring season. We are separating the burden for this 
survey out separately from FWS Forms 3-2381-1, Forms 3-2381-2, Forms 3-
2381-3, and Forms 3-2381-4 to more accurately report harvest data 
reporting burden.
    (1) Harvest Report (FWS Forms 3-2381-6 (new) and 3-2381-7 (NEW): 
Starting in 2021, a mail survey akin to that conducted for the Cordova 
harvest will be implemented for the Kodiak roaded area harvest as 
required by updated Federal regulations for the Kodiak Archipelago 
region. To participate in the Kodiak roaded area harvest, harvesters 
are required to

[[Page 11713]]

obtain a permit and to complete a harvest report form, even if they did 
not harvest. (We will request OMB approval of this permit requirement 
in a separate request for a new OMB control number explained below). 
Staff from the ADFG Division of Subsistence worked in close 
collaboration with the Sun'aq Tribe of Kodiak to develop the permit and 
harvest reporting system. The Sun'aq Tribe requested in-season harvest 
reporting. Permits will be issued by the Sun'aq Tribe.
    The Kodiak Roaded Area In-Season Harvest Report (FWS Form 3-2381-6) 
will be provided to permit holders at the time the permit is issued. 
Harvesters are required to record their harvest using this form during 
the season. At the end of the season (early Sept.), all permit holders 
are required to submit the completed Kodiak Roaded Area In-Season 
Harvest Report (FWS Form 3-2381-7) indicating whether they harvested 
birds and eggs, and if so, the kinds and amounts of birds and eggs 
harvested. Permit holders submit the completed form by mail to the ADFG 
for data analysis (the form includes the return address and is postage-
paid). To ensure a more complete harvest reporting, the ADFG will mail 
a post-season harvest survey to permit holders who did not submit a 
completed in-season harvest log. The post-season mail survey includes 
two reminders. Reported harvests will be extrapolated to represent all 
permit holders based on statistical methods. Forms 3-2381-6 and 3-2381-
7 are only completed twice per year (spring and summer seasons).
    Title of Collection: Alaska Migratory Bird Subsistence Harvest 
Household Surveys.
    OMB Control Numbers: 1018-0124.
    Form Numbers: FWS Forms 3-2381-1, Forms 3-2381-2, Forms 3-2381-3, 
Forms 3-2381-4, Forms 3-2381-5, Forms 3-2381-6 (New), and Forms 3-2381-
7 (New).
    Type of Review: Revision to a previously approved information 
collection.
    Respondents/Affected Public: Individuals and Tribal governments.
    Total Estimated Number of Annual Respondents: 2,351.
    Total Estimated Number of Annual Responses: 4,551.
    Estimated Completion Time per Response: 5 minutes.
    Total Estimated Number of Annual Burden Hours: 379.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.
    The additional information collection requirements associated with 
permits and invitation letters contained in this proposed rule 
identified below require approval by OMB and assignment of a new OMB 
control number:
    (1) Tribal or Village Council Invitation Letter: Regulations at 50 
CFR 92.5(d) allow immediate family members (children, parents, 
grandparents, and siblings) living in excluded areas to participate in 
the customary spring-summer subsistence harvest of migratory birds in a 
village's subsistence area. This letter of invitation is intended to 
assist permanent residents of the village in meeting their nutritional 
and other essential needs or for teaching cultural knowledge. The 
regulations specify that participation of residents of excluded areas 
in the spring-summer harvest of migratory birds in an eligible area 
must be pre-authorized by a letter of invitation issued by a local 
Tribal or Village Council within the harvest area.
    (2) Tribal Council Invitation Permit: In 2020, the Service issued 
final regulations (RIN 1018-BF12, 85 FR 73235, November 17, 2020) that 
established a permit as another method to invite an immediate family 
member residing in an excluded area to participate in the spring-summer 
subsistence hunt in a defined eligible area. The permit, issued by the 
Tribal Council, certifies that the prospective hunter is an immediate 
family member as defined in 50 CFR 92.4 and is thereby authorized to 
assist family members in hunting migratory birds in a defined 
subsistence harvest area. The permit is valid for 2 years from the date 
of issuance.
    (3) Tribal Council Notifications to AMBCC: Tribal Councils will 
provide a list of permittees to the Executive Director of the AMBCC.
    (4) AMBCC Notification to AK Region Office of Law Enforcement: Upon 
receiving copies of the letters of invitation and issued permits from 
Tribal and Village Councils, the AMBCC Executive Director will inform 
the Service's Alaska Regional Office of Law Enforcement (AK-OLE) within 
2 business days. To date, only two letters have been received.
    (5) Kodiak Island Roaded Area Experimental Season Permit: The 
Service's 2020 final rule (RIN 1018-BF12) approved a 3-year 
experimental season for migratory bird hunting and egg gathering in the 
Kodiak Island Roaded Area in the Kodiak Archipelago Region (50 CFR 
92.31). Harvesting in the Kodiak roaded area requires a mandatory 
permit and harvest reporting. The Sun'aq Tribe of Kodiak worked in 
close collaboration with the ADFG Division of Subsistence to develop a 
permit and harvest monitoring system. Permits are issued by the Sun'aq 
Tribe of Kodiak to individual harvesters. The Sun'aq tribe provide 
copies of issued permits to the ADFG Division of Subsistence, which 
uses this information to manage the harvest reporting system. The 
permit includes fields to write the permit holder's name and mailing 
address as well as a field for the permit holder to sign acknowledging 
the terms of the permit. The permit also includes a map of the harvest 
area and description of the harvest regulations including the list of 
species opened to harvest. Permit data are securely disposed of after 
completion of the annual harvest data collection and analysis.
    The regulation allows a 3-year experimental season (this proposed 
rule updates the seasons from 2020-2022 to the 2021-2023 subsistence 
seasons) for migratory bird hunting and egg gathering by registration 
permit along the Kodiak Island Roaded Area in the Kodiak Archipelago 
Region of Alaska. The experimental season will terminate at the 
completion of the third year in 2023. Reopening the Roaded Area after 
the 3-year experimental period will require a subsequent proposal from 
the AMBCC for continuation of the season under either operational or 
experimental status.
    (6) Cordova Harvest Household Registration: The Service's final 
rule published on April 8, 2014 (79 FR 19454) authorized spring-summer 
harvest of migratory birds by residents of the community of Cordova in 
the Gulf of Alaska region. In 2017, the regulations were updated to 
allow residents of the neighboring communities of Tatitlek and Chenega 
to harvest in the area defined for the Cordova harvest (82 FR 16298, 
April 4, 2017). Local partners including the Eyak Tribe and the U.S. 
Forest Service Cordova Office Chugach Subsistence Program worked in 
close collaboration with the ADFG Division of Subsistence to develop a 
household registration and harvest monitoring system using a post-
season mail survey. Household registrations are issued by the Tribal 
councils of the communities of Cordova, Tatitlek, and Chenega as well 
as by the U.S. Forest Service Cordova Office Chugach Subsistence 
Program. The registration form includes fields to write the permit 
holder's name and mailing address as well as a field for the permit 
holder to sign acknowledging the terms of the permit. The permit also 
includes fields to write the names of other household members 
authorized to harvest under the registration.

[[Page 11714]]

Registration data are securely disposed of after completion of the 
annual harvest data collection and analysis.
    Title of Collection: Regulations for the Taking of Migratory Birds 
for Subsistence Uses in Alaska, 50 CFR Part 92.
    OMB Control Numbers: 1018-New.
    Form Numbers: None.
    Type of Review: New.
    Respondents/Affected Public: Individuals and Tribal governments.
    Total Estimated Number of Annual Respondents: 234.
    Total Estimated Number of Annual Responses: 234.
    Estimated Completion Time per Response: Varies from 15 minutes to 
30 minutes, depending on activity.
    Total Estimated Number of Annual Burden Hours: 62.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies to comment on 
any aspect of this information collection, including:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How might the agency minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    Send your written comments and suggestions on this information 
collection to OMB by the date indicated in DATES to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by 
selecting ``Currently under Review--Open for Public Comments'' or by 
using the search function. Please provide a copy of your comments to 
the Service Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, 
VA 22041-3803 (mail); or <a href="/cdn-cgi/l/email-protection#420b2c242d1d012d2e2e022435316c252d34"><span class="__cf_email__" data-cfemail="eda4838b82b2ae828181ad8b9a9ec38a829b">[email protected]</span></a> (email). Please reference 
``OMB Control Number 1018-BF08'' in the subject line of your comments.

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

    The annual regulations and options are considered in a January 2021 
environmental assessment, ``Managing Migratory Bird Subsistence Hunting 
in Alaska: Hunting Regulations for the 2021 Spring/Summer Harvest.'' 
Copies are available from the person listed under FOR FURTHER 
INFORMATION CONTACT or at http://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, this action is not a 
significant energy action under Executive Order 13211, and a Statement 
of Energy Effects is not required.

Reference Cited

Osnas, E. 2020. A simple state space model framework to predict 
harvest management survey observations in 2020. USFWS, publ. 
analyses: https://github.com/USFWS/State Space-Prediction-2020.

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.  92.5 by revising paragraphs (b)(3) and (d) to read as 
follows:


Sec.  92.5  Who is eligible to participate?

* * * * *
    (b) * * *
    (3) The Central Interior Excluded Area comprises the following: The 
Fairbanks North Star Borough and that portion of Unit 20(A) east of the 
Wood River drainage and south of Rex Trail, including the upper Wood 
River drainage south of its confluence with Chicken Creek; that portion 
of Unit 20(C) east of Denali National Park north to Rock Creek and east 
to Unit 20(A); and that portion of Unit 20(D) west of the Tanana River 
between its confluence with the Johnson and Delta Rivers, west of the 
east bank of the Johnson River, and north and west of the Volmar 
drainage, including the Goodpaster River drainage. The following 
communities are within the Excluded Area: Delta Junction/Big Delta/Fort 
Greely, McKinley Park/Village, Healy, Ferry, and all residents of the 
formerly named Fairbanks North Star Borough Excluded Area.
* * * * *
    (d) Participation by permanent residents of excluded areas. 
Immediate family members who are residents of excluded areas may 
participate in the customary spring and summer subsistence harvest in a 
community's subsistence area with permission of the Village or Tribal 
council, whichever is appropriate, to assist indigenous inhabitants in 
meeting their nutritional and other essential needs or for the teaching 
of cultural knowledge using one of the following procedures:
    (1) A letter of invitation will be sent by the Tribal or village 
council to the hunter with a copy to the Executive Director of the Co-
management Council, who will inform the Service's Alaska Region Law 
Enforcement Office and the Service's Co-management Council Coordinator 
within 2 business days. The Service will then inform any affected 
Federal agency when residents of excluded areas are allowed to 
participate in the subsistence harvest within their Federal lands.
    (2) For the Upper Copper River Region, a permit may be issued by 
the Tribal Council or their authorized Tribal representative to the 
invited hunter certifying that the permit holder is an immediate family 
member authorized to assist eligible family members in hunting 
migratory birds in the Tribe's subsistence harvest area. A permit is 
valid for 2 years from date of issuance. A list of permit holders will 
be sent to the Executive Director of the Co-management Council, who 
will inform the Service's Alaska Region Office of Law Enforcement and 
the Service's Co-management Council Coordinator within 2 business days. 
The Service will then inform any affected Federal agency when residents 
of excluded areas are allowed to participate in the subsistence harvest 
within their Federal lands.

[[Page 11715]]

0
3. Amend Sec.  92.22 by revising paragraphs (a) through (l) and adding 
paragraph (m) to read as follows:


Sec.  92.22  Subsistence migratory bird species.

* * * * *
    (a) Family Anatidae. (1) Emperor Goose (Anser canagicus)--except no 
egg gathering is permitted.
    (2) Snow Goose (Anser caerulescens).
    (3) Greater White-fronted Goose (Anser albifrons).
    (4) Brant (Branta bernicla)--except no egg gathering is permitted 
in the Yukon/Kuskokwim Delta and the North Slope regions.
    (5) Cackling Goose (Branta hutchinsii)--except in the Semidi 
Islands.
    (6) Canada Goose (Branta canadensis).
    (7) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and 10.
    (8) Blue-winged Teal (Spatula discors).
    (9) Northern Shoveler (Spatula clypeata).
    (10) Gadwall (Mareca strepera).
    (11) Eurasian Wigeon (Mareca penelope).
    (12) American Wigeon (Mareca americana).
    (13) Mallard (Anas platyrhynchos).
    (14) Northern Pintail (Anas acuta).
    (15) Green-winged Teal (Anas crecca).
    (16) Canvasback (Aythya valisineria).
    (17) Redhead (Aythya americana).
    (18) Ring-necked Duck (Aythya collaris).
    (19) Greater Scaup (Aythya marila).
    (20) Lesser Scaup (Aythya affinis).
    (21) King Eider (Somateria spectabilis).
    (22) Common Eider (Somateria mollissima).
    (23) Harlequin Duck (Histrionicus histrionicus).
    (24) Surf Scoter (Melanitta perspicillata).
    (25) White-winged Scoter (Melanitta deglandi).
    (26) Black Scoter (Melanitta americana).
    (27) Long-tailed Duck (Clangula hyemalis).
    (28) Bufflehead (Bucephala albeola).
    (29) Common Goldeneye (Bucephala clangula).
    (30) Barrow's Goldeneye (Bucephala islandica).
    (31) Hooded Merganser (Lophodytes cucullatus).
    (32) Common Merganser (Mergus merganser).
    (33) Red-breasted Merganser (Mergus serrator).
    (b) Family Podicipedidae. (1) Horned Grebe (Podiceps auritus).
    (2) Red-necked Grebe (Podiceps grisegena).
    (c) Family Gruidae. (1) Sandhill Crane (Antigone canadensis).
    (2) [Reserved]
    (d) Family Haematopodidae. (1) Black Oystercatcher (Haematopus 
bachmani).
    (2) [Reserved]
    (e) Family Charadriidae. (1) Black-bellied Plover (Pluvialis 
squatarola).
    (2) Common Ringed Plover (Charadrius hiaticula).
    (f) Family Scolopacidae. (1) Bar-tailed Godwit (Limosa lapponica).
    (2) Ruddy Turnstone (Arenaria interpres).
    (3) Sharp-tailed Sandpiper (Calidris acuminata).
    (4) Dunlin (Calidris alpina).
    (5) Baird's Sandpiper (Calidris bairdii).
    (6) Least Sandpiper (Calidris minutilla).
    (7) Semipalmated Sandpiper (Calidris pusilla).
    (8) Western Sandpiper (Calidris mauri).
    (9) Long-billed Dowitcher (Limnodromus scolopaceus).
    (10) Common Snipe (Gallinago gallinago).
    (11) Wilson's Snipe (Gallinago delicata).
    (12) Spotted Sandpiper (Actitis macularius).
    (13) Lesser Yellowlegs (Tringa flavipes).
    (14) Greater Yellowlegs (Tringa melanoleuca).
    (15) Red-necked Phalarope (Phalaropus lobatus).
    (16) Red Phalarope (Phalaropus fulicarius).
    (g) Family Stercorariidae. (1) Pomarine Jaeger (Stercorarius 
pomarinus).
    (2) Parasitic Jaeger (Stercorarius parasiticus).
    (3) Long-tailed Jaeger (Stercorarius longicaudus).
    (h) Family Alcidae. (1) Common Murre (Uria aalge).
    (2) Thick-billed Murre (Uria lomvia).
    (3) Black Guillemot (Cepphus grylle).
    (4) Pigeon Guillemot (Cepphus columba).
    (5) Cassin's Auklet (Ptychoramphus aleuticus).
    (6) Parakeet Auklet (Aethia psittacula).
    (7) Least Auklet (Aethia pusilla).
    (8) Whiskered Auklet (Aethia pygmaea).
    (9) Crested Auklet (Aethia cristatella).
    (10) Rhinoceros Auklet (Cerorhinca monocerata).
    (11) Horned Puffin (Fratercula corniculata).
    (12) Tufted Puffin (Fratercula cirrhata).
    (i) Family Laridae. (1) Black-legged Kittiwake (Rissa tridactyla).
    (2) Red-legged Kittiwake (Rissa brevirostris).
    (3) Ivory Gull (Pagophila eburnea).
    (4) Sabine's Gull (Xema sabini).
    (5) Bonaparte's Gull (Chroicocephalus philadelphia).
    (6) Mew Gull (Larus canus).
    (7) Herring Gull (Larus argentatus).
    (8) Slaty-backed Gull (Larus schistisagus).
    (9) Glaucous-winged Gull (Larus glaucescens).
    (10) Glaucous Gull (Larus hyperboreus).
    (11) Aleutian Tern (Onychoprion aleuticus).
    (12) Arctic Tern (Sterna paradisaea).
    (j) Family Gaviidae. (1) Red-throated Loon (Gavia stellata).
    (2) Arctic Loon (Gavia arctica).
    (3) Pacific Loon (Gavia pacifica).
    (4) Common Loon (Gavia immer).
    (5) Yellow-billed Loon (Gavia adamsii)--In the North Slope Region 
only, a total of up to 20 yellow-billed loons inadvertently caught in 
fishing nets may be kept for subsistence purposes.
    (k) Family Procellariidae. (1) Northern Fulmar (Fulmarus 
glacialis).
    (2) [Reserved]
    (l) Family Phalacrocoracidae. (1) Double-crested Cormorant 
(Phalacrocorax auritus).
    (2) Pelagic Cormorant (Phalacrocorax pelagicus).
    (m) Family Strigidae. (1) Great Horned Owl (Bubo virginianus).
    (2) Snowy Owl (Bubo scandiacus).
0
4. Amend Sec.  92.31 by revising paragraph (e) to read as follows:


Sec.  92.31  Region-specific regulations.

* * * * *
    (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. 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

[[Page 11716]]

Area does not include islands offshore of Kodiak Island. A registration 
permit is not required to hunt on lands and waters outside the Kodiak 
Island Roaded Area.
* * * * *

Shannon A. Estenoz,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, 
Exercising the Delegated Authority of the Assistant Secretary for Fish 
and Wildlife and Parks.
[FR Doc. 2021-03979 Filed 2-25-21; 8:45 am]
BILLING CODE 4333-15-P


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