75060 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

RIN 1018–AU59 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2007 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or we) is proposing 

migratory bird subsistence harvest 

regulations in Alaska for the 2007 

season. This proposed rule would 

establish regulations that prescribe 

frameworks, or outer limits, for dates 

when harvesting of birds may occur, 

species that can be taken, and methods 

and means that would be excluded from 

use. These regulations were developed 

under a co-management process 

involving the Service, the Alaska 

Department of Fish and Game, and 

Alaska Native representatives. These 

regulations are intended to provide a 

framework to enable the continuation of 

customary and traditional subsistence 

uses of migratory birds in Alaska. The 

rulemaking is necessary because the 

regulations governing the subsistence 

harvest of migratory birds in Alaska are 

subject to annual review. This 

rulemaking proposes regulations that go 

into effect on April 2, 2007, and expire 

on August 31, 2007. 

DATES: You must submit comments on 

the proposed subsistence harvest 

regulations for migratory birds in Alaska 

by February 12, 2007. 

ADDRESSES: Submit your comments on 

this proposed rule in one of the 

following ways: 

1. By mail addressed to the Regional 

Director, Alaska Region, U.S. Fish and 

Wildlife Service, 1011 E. Tudor Road, 

Anchorage, AK 99503. 

2. By fax to (907) 786–3306. 

3. By e-mail to ambcc@fws.gov. 

4.Via the Federal e-rulemaking portal 

at http://www.regulations.gov. Follow 

the instructions on the site for 

submitting comments. 

FOR FURTHER INFORMATION CONTACT: Fred 

Armstrong, (907) 786–3887, or Donna 

Dewhurst, (907) 786–3499, U.S. Fish 

and Wildlife Service, 1011 E. Tudor 

Road, Mail Stop 201, Anchorage, AK 

99503. 

SUPPLEMENTARY INFORMATION: 

Background 

How Do I Find the History of These 

Proposed Regulations? 

Background information, including 

past events leading to this action, 

accomplishments since the amended 

Migratory Bird Treaties with Canada 

and Mexico were amended, and a 

history of addressing conservation 

issues can be found in the following 

Federal Register notices: August 16, 

2002 (67 FR 53511), July 21, 2003 (68 

FR 43010), April 2, 2004 (69 FR 17318), 

April 8, 2005 (70 FR 18244), and 

February 28, 2006 (71 FR 10404). These 

documents are readily available at 

http://alaska.fws.gov/ambcc/ 

regulations.htm. 

Why Is This Current Rulemaking 

Necessary? 

This current rulemaking is necessary 

because the migratory bird harvest 

season is closed unless opened, and the 

regulations governing subsistence 

harvest of migratory birds in Alaska are 

subject to public review and annual 

approval. The Co-management Council 

held a meeting in April 2006 to develop 

recommendations for changes effective 

for the 2007 harvest season. These 

recommendations were presented to the 

Service Regulations Committee (SRC) on 

July 26 and 27, 2006, and were 

approved. 

This rule proposes regulations for the 

taking of migratory birds for subsistence 

uses in Alaska during 2007. This rule 

proposes to list migratory bird species 

that are open or closed to harvest, as 

well as season openings and closures by 

region, and a change to the Fairbanks 

North Star Borough excluded area. It 

also describes a change in the methods 

and means of taking migratory birds for 

subsistence purposes. 

How Will the Service Continue To 

Ensure That the Subsistence Harvest 

Will Not Raise Overall Migratory Bird 

Harvest? 

The Service has an emergency closure 

provision (§ 92.21), so that if any 

significant increases in harvest are 

documented for one or more species in 

a region, an emergency closure can be 

requested and implemented. Eligibility 

to harvest under the regulations 

established in 2003 was limited to 

permanent residents, regardless of race, 

in villages located within the Alaska 

Peninsula, Kodiak Archipelago, the 

Aleutian Islands and in areas north and 

west of the Alaska Range (§ 92.5). These 

geographical restrictions opened the 

initial subsistence migratory bird 

harvest to only about 13 percent of 

Alaska residents. High-population areas 

such as Anchorage, the MatanuskaSusitna and Fairbanks North Star 

boroughs, the Kenai Peninsula roaded 

area, the Gulf of Alaska roaded area and 

Southeast Alaska were excluded from 

the eligible subsistence harvest areas. 

Based on petitions requesting 

inclusion in the harvest, in 2004, we 

added 13 additional communities based 

on the five criteria set forth in § 92.5(c). 

These communities included: Gulkana, 

Gakona, Tazlina, Copper Center, 

Mentasta Lake, Chitina, Chistochina, 

Tatitlek, Chenega, Port Graham and 

Nanwalek, Tyonek and Hoonah, 

populations totaling 2,766. In 2005, we 

added three additional communities for 

glaucous-winged gull egg gathering 

only, based on petitions requesting 

inclusion. These southeastern 

communities included Craig, Hydaburg, 

and Yakutat, with a combined 

population of 2,459. These new regions 

increased the percentage of the State 

population included in the subsistence 

bird harvest only to 14 percent. 

In this proposed rule, we have 

incorporated the Alaska Department of 

Fish and Game’s (ADFG) request to 

expand the Fairbanks North Star 

Borough excluded area to the Central 

Interior excluded area comprising the 

following: That portion of Unit 20(A) 

east of the Wood River drainage and 

south of Rex Trail, including the upper 

Wood River drainage south of its 

confluence with Chicken Creek; that 

portion of Unit 20(C) east of Denali 

National Park north to Rock Creek and 

east to Unit 20(A); and that portion of 

Unit 20(D) west of the Tanana River 

between its confluence with the Johnson 

and Delta Rivers, west of the east bank 

of the Johnson River, and north and 

west of the Volmar drainage, including 

the Goodpaster River drainage. 

The purpose of the ADFG’s petition is 

to prevent new traditions and increased 

harvest levels that could result from 

inclusion of communities that have not 

traditionally hunted migratory birds in 

the spring and summer for subsistence. 

Specifically, this petition would 

exclude residents of Delta Junction/Big 

Delta/Fort Greely, McKinley Park/ 

Village, Healy and Ferry from eligibility 

to participate in spring/summer 

migratory bird subsistence hunts. The 

justification for this proposal includes 

the substantial opposition to spring 

hunting in the Delta Junction area, 

particularly to hunting on agricultural 

lands that attract large number of 

waterfowl and cranes, and that there is 

no evidence that there has been a 

tradition of spring/summer subsistence 

migratory bird hunting in the proposed 

excluded area. ADFG also cited the 

action by the Alaska Joint Boards of 


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Fisheries and Game in 1992 creating the 

Fairbanks Non-subsistence area as an 

additional rationale for this proposal. 

The report focused on a socio-economic 

study that was conducted to determine 

whether or not subsistence traits existed 

in the Fairbanks region to justify it being 

considered for a subsistence eligible 

area. The summary report recommended 

the Fairbanks area be considered a 

nonsubsistence use area. The study was 

based on the application of 12 socioeconomic factors to each community to 

determine whether or not subsistencerelated traits existed. 

In addition, we propose to clarify the 

definition of excluded areas to explain 

that persons living in excluded areas are 

not eligible to participate in the Alaska 

spring/summer subsistence harvest and 

that the excluded area is closed to 

harvesting. 

Subsistence harvest has been 

monitored for the past 15 years through 

the use of annual household surveys in 

the most heavily used subsistence 

harvest areas, e.g., Yukon/Kuskokwim 

Delta. Continuation of this monitoring 

would enable tracking of any major 

changes or trends in levels of harvest 

and user participation after legalization 

of the harvest. OMB initially approved 

the information collection on October 2, 

2003, and assigned OMB control 

number 1018–0124, which expires on 

October 31, 2006. In the June 21, 2006, 

Federal Register (71 FR 35690), we 

published a notice of request to renew 

OMB approval of the Alaska 

Subsistence Harvest Survey. 

What Is the Proposed Change to the 

Methods and Means Prohibitions for 

2007? 

When we established the initial 

methods and means regulations (68 FR 

43010, July 21, 2003), we followed the 

Co-management Council 

recommendation to adopt those existing 

methods and means prohibitions that 

occur in the Federal (50 CFR 20.21) and 

Alaska (5AAC92.100) migratory bird 

hunting regulations and that do not 

conflict with the customary and 

traditional methods of taking birds. In 

this proposed rule, we have 

incorporated the ADFG’s request to 

prohibit baiting and shooting over a 

baited area (Statewide). 

What Is the Proposed Change to the List 

of Birds Open to Harvest for 2007? 

At the request of the North Slope 

Borough Fish and Game Management 

Committee, the Co-management Council 

recommended continuing into 2007 the 

provisions originally established in 

2005 to allow subsistence use of yellowbilled loons inadvertently caught in 

subsistence fishing (gill) nets on the 

North Slope. Yellow-billed loons are 

culturally important for the Inupiat 

Eskimo of the North Slope for use in 

traditional dance regalia. A maximum of 

20 yellow-billed loons maybe caught in 

2007 pursuant to this provision. 

Individual reporting to the North Slope 

Borough Department of Wildlife is 

required by the end of each season. In 

addition, the North Slope Borough has 

asked fishermen, through 

announcements on the radio and 

through personal contact, to report all 

entanglements of loons to better 

estimate the levels of injury or mortality 

caused by gill nets. In 2006, four yellowbilled loons were reported taken in 

fishing nets and an additional one was 

found alive in a net and released. This 

provision, to allow subsistence 

possession and use of yellow-billed 

loons caught in fishing gill nets, is 

subject to annual review and renewal by 

the SRC. 

Public Comments Solicited 

The Department of the Interior’s 

policy is, whenever practicable, to 

afford the public an opportunity to 

participate in the rulemaking process. If 

you wish to comment, you may submit 

comments by any one of the methods 

indicated under the caption ADDRESSES. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home addresses from 

the rulemaking record, which we will 

honor to the extent allowable by law. In 

some circumstances, we will also 

withhold from the rulemaking record a 

respondent’s identity, as allowable by 

law. If you wish us to withhold your 

name and/or address, you must state 

this prominently at the beginning of 

your comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

You may inspect comments received on 

the proposed regulations during normal 

business hours at the Service’s office in 

Anchorage, Alaska (see ADDRESSES). 

In developing the final rule, we will 

consider each comment received during 

the public comment period. In the final 

rule, we may not respond in detail to 

each comment received during the 

comment period, but we will summarize 

all comments received and respond to 

them. 

Statutory Authority 

We derive our authority to issue these 

regulations from the Migratory Bird 

Treaty Act of 1918, U.S.C. 712(1), which 

authorizes the Secretary of the Interior, 

in accordance with the treaties with 

Canada, Mexico, Japan, and Russia, to 

‘‘issue such regulations as may be 

necessary to assure that the taking of 

migratory birds and the collection of 

their eggs, by the indigenous inhabitants 

of the State of Alaska, shall be permitted 

for their own nutritional and other 

essential needs, as determined by the 

Secretary of the Interior, during seasons 

established so as to provide for the 

preservation and maintenance of stocks 

of migratory birds.’’

Executive Order 12866 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite your 

comments on how to make this rule 

easier to understand, including answers 

to questions such as the following: 

(1) Are the requirements in the rule 

clearly stated? 

(2) Does the rule contain technical 

language or jargon that interferes with 

its clarity? 

(3) Does the format of the rule 

(grouping and order of sections, use of 

headings, paragraphing, etc.) aid or 

reduce its clarity? 

(4) Would the rule be easier to 

understand if it were divided into more 

(but shorter) sections? 

(5) Is the description of the rule in the 

SUPPLEMENTARY INFORMATION section of 

the preamble helpful in understanding 

the rule? 

(6) What else could we do to make the 

rule easier to understand? 

Send a copy of any comments 

regarding how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street NW., 

Washington, DC 20240. You may also email the comments to this address: 

Exsec@ios.doi.gov. 

The Office of Management and Budget 

(OMB) has determined that this 

document is not a significant rule 

subject to OMB review under Executive 

Order 12866. 

(a) This rule will not have an annual 

economic effect of $100 million or more 

or adversely affect an economic sector, 

productivity, jobs, the environment, or 

other units of government. The rule 

does not provide for new or additional 

hunting opportunities and therefore will 

have minimal economic or 

environmental impact. This rule 

benefits those participants who engage 

in the subsistence harvest of migratory 


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birds in Alaska in two identifiable ways: 

First, participants receive the 

consumptive value of the birds 

harvested; and second, participants get 

the cultural benefit associated with the 

maintenance of a subsistence economy 

and way of life. The Service can 

estimate the consumptive value for 

birds harvested under this rule but does 

not have a dollar value for the cultural 

benefit of maintaining a subsistence 

economy and way of life. 

The economic value derived from the 

consumption of the harvested migratory 

birds has been estimated using the 

results of a paper by Robert J. Wolfe 

titled ‘‘Subsistence Food Harvests in 

Rural Alaska, and Food Safety Issues’’

(August 13, 1996). Using data from 

Wolfe’s paper and applying it to the 

areas that will be included in this 

process, we determined a maximum 

economic value of $6 million. This is 

the estimated economic benefit of the 

consumptive part of this rule for 

participants in subsistence hunting. The 

cultural benefits of maintaining a 

subsistence economy and way of life 

can be of considerable value to the 

participants, and these benefits are not 

included in this figure. 

(b) This rule will not create 

inconsistencies with other agencies’

actions. We are the Federal agency 

responsible for the management of 

migratory birds, coordinating with the 

State of Alaska’s Department of Fish and 

Game on management programs within 

Alaska. The State of Alaska is a member 

of the Alaska Migratory Bird Comanagement Council. 

(c) This rule will not materially affect 

entitlements, grants, user fees, loan 

programs, or the rights and obligations 

of their recipients. The rule does not 

affect entitlement programs. 

(d) This rule will not raise novel legal 

or policy issues. The subsistence harvest 

regulations will go through the same 

national regulatory process as the 

existing migratory bird hunting 

regulations in 50 CFR part 20. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). An initial 

regulatory flexibility analysis is not 

required. Accordingly, a Small Entity 

Compliance Guide is not required. The 

rule legalizes a pre-existing subsistence 

activity, and the resources harvested 

will be consumed by the harvesters or 

persons within their local community. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act, as 

discussed in the Executive Order 12866 

section above. 

(a) This rule will not have an annual 

effect on the economy of $100 million 

or more. It will legalize and regulate a 

traditional subsistence activity. It will 

not result in a substantial increase in 

subsistence harvest or a significant 

change in harvesting patterns. The 

commodities being regulated under this 

rule are migratory birds. This rule deals 

with legalizing the subsistence harvest 

of migratory birds and, as such, does not 

involve commodities traded in the 

marketplace. A small economic benefit 

from this rule derives from the sale of 

equipment and ammunition to carry out 

subsistence hunting. Most, if not all, 

businesses that sell hunting equipment 

in rural Alaska would qualify as small 

businesses. We have no reason to 

believe that this rule will lead to a 

disproportionate distribution of 

benefits. 

(b) This rule will not cause a major 

increase in costs or prices for 

consumers; individual industries; 

Federal, State, or local government 

agencies; or geographic regions. This 

rule does not deal with traded 

commodities and, therefore, does not 

have an impact on prices for consumers. 

(c) This rule does not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises. This rule deals with 

the harvesting of wildlife for personal 

consumption. It does not regulate the 

marketplace in any way to generate 

effects on the economy or the ability of 

businesses to compete. 

Unfunded Mandates Reform Act 

We have determined and certified 

pursuant to the Unfunded Mandates 

Reform Act (2 U.S.C. 1501 et seq.) that 

this rule will not impose a cost of $100 

million or more in any given year on 

local, State, or tribal governments or 

private entities. A statement containing 

the information required by this Act is 

therefore not necessary. Participation on 

regional management bodies and the Comanagement Council will require travel 

expenses for some Alaska Native 

organizations and local governments. In 

addition, they will assume some 

expenses related to coordinating 

involvement of village councils in the 

regulatory process. Total coordination 

and travel expenses for all Alaska 

Native organizations are estimated to be 

less than $300,000 per year. In the 

Notice of Decision (65 FR 16405, March 

28, 2000), we identified 12 partner 

organizations (Alaska Native non-profits 

and local governments) to administer 

the regional programs. The Alaska 

Department of Fish and Game will also 

incur expenses for travel to Comanagement Council and regional 

management body meetings. In 

addition, the State of Alaska will be 

required to provide technical staff 

support to each of the regional 

management bodies and to the Comanagement Council. Expenses for the 

State’s involvement may exceed 

$100,000 per year, but should not 

exceed $150,000 per year. When 

funding permits, we make annual grant 

agreements available to the partner 

organizations and the Alaska 

Department of Fish and Game to help 

offset their expenses. 

Paperwork Reduction Act 

This rule has been examined under 

the Paperwork Reduction Act of 1995 

and has been found to contain no 

information collection requirements. We 

have, however, received OMB approval 

of associated voluntary annual 

household surveys used to determine 

levels of subsistence take. The OMB 

control number for the information 

collection is 1018–0124, which expires 

on October 31, 2006. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

Federalism Effects 

As discussed in the Executive Order 

12866 and Unfunded Mandates Reform 

Act sections above, this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment under Executive 

Order 13132. We worked with the State 

of Alaska on development of these 

regulations. 

Civil Justice Reform—Executive Order 

12988 

The Department, in promulgating this 

rule, has determined that it will not 

unduly burden the judicial system and 

that it meets the requirements of 

sections 3(a) and 3(b)(2) of Executive 

Order 12988. 

Takings Implication Assessment 

This rule is not specific to particular 

land ownership, but applies to the 

harvesting of migratory bird resources 

throughout Alaska. Therefore, in 

accordance with Executive Order 12630, 


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this rule does not have significant 

takings implications. 

Government-to-Government Relations 

With Native American Tribal 

Governments 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

With Native American Tribal 

Governments’’ (59 FR 22951), and 

Executive Order 13175 (65 FR 67249, 

November 6, 2000), concerning 

consultation and coordination with 

Indian Tribal Governments, we have 

consulted with Alaska tribes and 

evaluated the rule for possible effects on 

tribes or trust resources, and have 

determined that there are no significant 

effects. The rule will legally recognize 

the subsistence harvest of migratory 

birds and their eggs for tribal members, 

as well as for other indigenous 

inhabitants. 

Endangered Species Act Consideration 

Prior to issuance of annual spring and 

summer subsistence regulations, we will 

consider provisions of the Endangered 

Species Act of 1973, as amended (16 

U.S.C. 1531–1543; hereinafter the Act), 

to ensure that harvesting is not likely to 

jeopardize the continued existence of 

any species designated as endangered or 

threatened, or modify or destroy its 

critical habitats, and that it is consistent 

with conservation programs for those 

species. Consultations under Section 7 

of the Act conducted in connection with 

the environmental assessment for the 

annual subsistence take regulations may 

cause us to change these regulations. 

Our biological opinion resulting from 

the Section 7 consultation is a public 

document available for public 

inspection at the address indicated 

under the caption ADDRESSES. 

National Environmental Policy Act 

Consideration 

The annual regulations and options 

were considered in the Environmental 

Assessment, ‘‘Managing Migratory Bird 

Subsistence Hunting in Alaska: Hunting 

Regulations for the 2007 Spring/ 

Summer Harvest,’’ issued August 15, 

2006. Copies are available from the 

address indicated under the caption 

ADDRESSES. 

Energy Supply, Distribution, or Use 

(Executive Order 13211) 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. Because 

this rule would allow only for 

traditional subsistence harvest and 

would improve conservation of 

migratory birds by allowing effective 

regulation of this harvest, it is not a 

significant regulatory action under 

Executive Order 12866. Consequently, it 

is not expected to significantly affect 

energy supplies, distribution, and use. 

Therefore, this action is not a significant 

energy action under Executive Order 

13211 and no Statement of Energy 

Effects is required. 

List of Subjects in 50 CFR Part 92 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Subsistence, Treaties, Wildlife. 

For the reasons set out in the 

preamble, we propose to amend title 50, 

chapter I, subchapter G, of the Code of 

Federal Regulations as follows: 

PART 92—MIGRATORY BIRD 

SUBSISTENCE HARVEST IN ALASKA 

1. The authority citation for part 92 

continues to read as follows: 

Authority: 16 U.S.C. 703–712. 

Subpart A—General Provisions 

2. In subpart A, amend § 92.5 by: 

a. Removing paragraph (a)(3); 

b. Revising the introductory text and 

paragraphs (a)(1), (a)(2) introductory 

text, (a)(2)(iv), and (b) to read as follows: 

§ 92.5 Who is eligible to participate? 

If you are a permanent resident of a 

village within a subsistence harvest 

area, you will be eligible to harvest 

migratory birds and their eggs for 

subsistence purposes during the 

applicable periods specified in subpart 

D of this part. 

(a) * * * 

(1) Any person may request the Comanagement Council to recommend that 

an otherwise included area be excluded 

by submitting a petition stating how the 

area does not meet the criteria identified 

in paragraph (c) of this section. The Comanagement Council will forward 

petitions to the appropriate regional 

management body. The Co-management 

Council will then consider each petition 

and will submit to the Service any 

recommendations to exclude areas from 

the spring and summer subsistence 

harvest. The Service will publish any 

approved recommendations for public 

comment in the Federal Register. 

(2) Based on petitions for inclusion 

recommended by the Co-management 

Council, the Service has added the 

following communities to the included 

areas under this part: 

* * * * * 

(iv) Southeast Alaska Region—

Hoonah, Craig, Hydaburg, and Yakutat. 

(b) Excluded areas. Excluded areas 

are not subsistence harvest areas and are 

closed to harvest. Residents of excluded 

areas are not eligible persons as defined 

in § 92.4. Communities located within 

the excluded areas provided in 

paragraphs (b)(2) and (b)(3) of this 

section may petition the Comanagement Council through their 

regional management body for 

designation as a spring and summer 

subsistence harvest area. The petition 

must state how the community meets 

the criteria identified in paragraph (c) of 

this section. The Co-management 

Council will consider each petition and 

will submit to the Service any 

recommendations to designate a 

community as a spring and summer 

subsistence harvest area. The Service 

will publish any approved new 

designations of communities for public 

comment in the Federal Register. 

Excluded areas consist of the following: 

(1) All areas outside of Alaska. 

(2) Village areas located in Anchorage, 

the Matanuska-Susitna Borough, the 

Kenai Peninsula roaded area, the Gulf of 

Alaska roaded area, Southeast Alaska, 

and the Central Interior Excluded Area 

as described in paragraph (b)(3) of this 

section generally do not qualify for a 

spring and summer harvest. 

(3) The Central Interior Excluded Area 

comprises the following: That portion of 

Unit 20(A) east of the Wood River 

drainage and south of Rex Trail, 

including the upper Wood River 

drainage south of its confluence with 

Chicken Creek; that portion of Unit 

20(C) east of Denali National Park north 

to Rock Creek and east to Unit 20(A); 

and that portion of Unit 20(D) west of 

the Tanana River between its confluence 

with the Johnson and Delta Rivers, west 

of the east bank of the Johnson River, 

and north and west of the Volmar 

drainage, including the Goodpaster 

River drainage. The following 

communities are within the Excluded 

Area: Delta Junction/Big Delta/Fort 

Greely, McKinley Park/Village, Healy, 

Ferry plus all residents of the formerly 

named Fairbanks North Star Borough 

Excluded Area. 

* * * * * 

Subpart C—General Regulations 

Governing Subsistence Harvest 

3. In subpart C, amend § 92.20 by: 

a. Removing ‘‘or’’ from the end of 

paragraph (i); 

b. Removing the period from, and 

adding in its place ‘‘; or’’ at the end of 

paragraph (j); and 


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c. Adding a new paragraph (k) to read 

as follows: 

§ 92.20 Methods and means. 

* * * * * 

(k) By the aid of baiting, or on or over 

any baited area, where a person knows 

or reasonably should know that the area 

is or has been baited, as provided at 50 

CFR 20.21(i) and 16 U.S.C. 704(b). 

Subpart D—Annual Regulations 

Governing Subsistence Harvest 

4. In subpart D, revise §§ 92.31 

through 92.33 to read as follows: 

§ 92.31 Migratory bird species closed to 

subsistence harvest. 

(a) Because of conservation concerns, 

you may not harvest birds or gather eggs 

from the following species in 2007: 

(1) Spectacled Eider (Somateria 

fischeri). 

(2) Steller’s Eider (Polysticta stelleri). 

(3) Emperor Goose (Chen canagica). 

(4) Aleutian Canada Goose (Branta 

canadensis leucopareia)—Semidi 

Islands only. 

(5) Yellow-billed Loons (Gavia 

adamsii)—Except that in the North 

Slope Region only, up to 20 yellowbilled loons total for the region may be 

inadvertently caught in fishing nets and 

kept for subsistence purposes. 

(b) In addition, you may not gather 

eggs from the following species in 2007: 

(1) Cackling Canada Goose (Branta 

canadensis minima). 

(2) Black Brant (Branta bernicla 

nigricans)—in the Yukon/Kuskokwim 

Delta and North Slope regions only. 

§ 92.32 Subsistence migratory bird 

species. 

You may harvest birds or gather eggs 

from the following species, listed in 

taxonomic order, within all included 

areas. When birds are listed only to the 

species level, all subspecies existing in 

Alaska are open to harvest. 

(a) Family Anatidae. 

(1) Greater White-fronted Goose 

(Anser albifrons). 

(2) Snow Goose (Chen caerulescens). 

(3) Lesser Canada Goose (Branta 

canadensis parvipes). 

(4) Taverner’s Canada Goose (Branta 

canadensis taverneri). 

(5) Aleutian Canada Goose (Branta 

canadensis leucopareia)—except in the 

Semidi Islands. 

(6) Cackling Canada Goose (Branta 

canadensis minima)—except no egg 

gathering is permitted. 

(7) Black Brant (Branta bernicla 

nigricans)—except no egg gathering is 

permitted in the Yukon/Kuskokwim 

Delta and the North Slope regions. 

(8) Tundra Swan (Cygnus 

columbianus)—except in Units 9(D) and 

10. 

(9) Gadwall (Anas strepera). 

(10) Eurasian Wigeon (Anas 

penelope). 

(11) American Wigeon (Anas 

americana). 

(12) Mallard (Anas platyrhynchos). 

(13) Blue-winged Teal (Anas discors). 

(14) Northern Shoveler (Anas 

clypeata). 

(15) Northern Pintail (Anas acuta). 

(16) Green-winged Teal (Anas crecca). 

(17) Canvasback (Aythya valisineria). 

(18) Redhead (Aythya americana). 

(19) Ring-necked Duck (Aythya 

collaris). 

(20) Greater Scaup (Aythya marila). 

(21) Lesser Scaup (Aythya affinis). 

(22) King Eider (Somateria 

spectabilis). 

(23) Common Eider (Somateria 

mollissima). 

(24) Harlequin Duck (Histrionicus 

histrionicus). 

(25) Surf Scoter (Melanitta 

perspicillata). 

(26) White-winged Scoter (Melanitta 

fusca). 

(27) Black Scoter (Melanitta nigra). 

(28) Long-tailed Duck (Clangula 

hyemalis). 

(29) Bufflehead (Bucephala albeola). 

(30) Common Goldeneye (Bucephala 

clangula). 

(31) Barrow’s Goldeneye (Bucephala 

islandica). 

(32) Hooded Merganser (Lophodytes 

cucullatus). 

(33) Common Merganser (Mergus 

merganser). 

(34) Red-breasted Merganser (Mergus 

serrator). 

(b) Family Gaviidae. 

(1) Red-throated Loon (Gavia stellata). 

(2) Arctic Loon (Gavia arctica). 

(3) Pacific Loon (Gavia pacifica). 

(4) Common Loon (Gavia immer). 

(5) Yellow-billed Loon (Gavia 

adamsii)—In the North Slope Region 

only, a total of up to 20 yellow-billed 

loons inadvertently caught in fishing 

nets may be kept for subsistence 

purposes. 

(c) Family Podicipedidae. 

(1) Horned Grebe (Podiceps auritus). 

(2) Red-necked Grebe (Podiceps 

grisegena). 

(d) Family Procellariidae. 

(1) Northern Fulmar (Fulmarus 

glacialis). 

(2) [Reserved]. 

(e) Family Phalacrocoracidae. 

(1) Double-crested Cormorant 

(Phalacrocorax auritus). 

(2) Pelagic Cormorant (Phalacrocorax 

pelagicus). 

(f) Family Gruidae. 

(1) Sandhill Crane (Grus canadensis). 

(2) [Reserved]. 

(g) Family Charadriidae. 

(1) Black-bellied Plover (Pluvialis 

squatarola). 

(2) Common Ringed Plover 

(Charadrius hiaticula). 

(h) Family Haematopodidae. 

(1) Black Oystercatcher (Haematopus 

bachmani). 

(2) [Reserved]. 

(i) Family Scolopacidae. 

(1) Greater Yellowlegs (Tringa 

melanoleuca). 

(2) Lesser Yellowlegs (Tringa 

flavipes). 

(3) Spotted Sandpiper (Actitis 

macularia). 

(4) Bar-tailed Godwit (Limosa 

lapponica). 

(5) Ruddy Turnstone (Arenaria 

interpres). 

(6) Semipalmated Sandpiper (Calidris 

pusilla). 

(7) Western Sandpiper (Calidris 

mauri). 

(8) Least Sandpiper (Calidris 

minutilla). 

(9) Baird’s Sandpiper (Calidris 

bairdii). 

(10) Sharp-tailed Sandpiper (Calidris 

acuminata). 

(11) Dunlin (Calidris alpina). 

(12) Long-billed Dowitcher 

(Limnodromus scolopaceus). 

(13) Common Snipe (Gallinago 

gallinago). 

(14) Red-necked phalarope 

(Phalaropus lobatus). 

(15) Red phalarope (Phalaropus 

fulicaria). 

(j) Family Laridae. 

(1) Pomarine Jaeger (Stercorarius 

pomarinus). 

(2) Parasitic Jaeger (Stercorarius 

parasiticus). 

(3) Long-tailed Jaeger (Stercorarius 

longicaudus). 

(4) Bonaparte’s Gull (Larus 

philadelphia). 

(5) Mew Gull (Larus canus). 

(6) Herring Gull (Larus argentatus). 

(7) Slaty-backed Gull (Larus 

schistisagus). 

(8) Glaucous-winged Gull (Larus 

glaucescens). 

(9) Glaucous Gull (Larus 

hyperboreus). 

(10) Sabine’s Gull (Xema sabini). 

(11) Black-legged Kittiwake (Rissa 

tridactyla). 

(12) Red-legged Kittiwake (Rissa 

brevirostris). 

(13) Ivory Gull (Pagophila eburnea). 

(14) Arctic Tern (Sterna paradisaea). 

(15) Aleutian Tern (Sterna aleutica). 

(k) Family Alcidae. 

(1) Common Murre (Uria aalge). 

(2) Thick-billed Murre (Uria lomvia). 


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(3) Black Guillemot (Cepphus grylle). 

(4) Pigeon Guillemot (Cepphus 

columba). 

(5) Cassin’s Auklet (Ptychoramphus 

aleuticus). 

(6) Parakeet Auklet (Aethia 

psittacula). 

(7) Least Auklet (Aethia pusilla). 

(8) Whiskered Auklet (Aethia 

pygmaea). 

(9) Crested Auklet (Aethia cristatella). 

(10) Rhinoceros Auklet (Cerorhinca 

monocerata). 

(11) Horned Puffin (Fratercula 

corniculata). 

(12) Tufted Puffin (Fratercula 

cirrhata). 

(l) Family Strigidae. 

(1) Great Horned Owl (Bubo 

virginianus). 

(2) Snowy Owl (Nyctea scandiaca). 

§ 92.33 Region-specific regulations. 

The 2007 season dates for the eligible 

subsistence harvest areas are as follows: 

(a) Aleutian/Pribilof Islands Region. 

(1) Northern Unit (Pribilof Islands): 

(i) Season: April 2–June 30. 

(ii) Closure: July 1–August 31. 

(2) Central Unit (Aleut Region’s 

eastern boundary on the Alaska 

Peninsula westward to and including 

Unalaska Island): 

(i) Season: April 2–June 15 and July 

16–August 31. 

(ii) Closure: June 16–July 15. 

(iii) Special Black Brant Season 

Closure: August 16–August 31, only in 

Izembek and Moffet lagoons. 

(iv) Special Tundra Swan Closure: All 

hunting and egg gathering closed in 

units 9(D) and 10. 

(3) Western Unit (Umnak Island west 

to and including Attu Island): 

(i) Season: April 2–July 15 and August 

16–August 31. 

(ii) Closure: July 16–August 15. 

(b) Yukon/Kuskokwim Delta Region. 

(1) Season: April 2–August 31. 

(2) Closure: 30-day closure dates to be 

announced by the Service’s Alaska 

Regional Director or his designee, after 

consultation with local subsistence 

users, field biologists, and the 

Association of Village Council 

President’s Waterfowl Conservation 

Committee. This 30-day period will 

occur between June 1 and August 15 of 

each year. A press release announcing 

the actual closure dates will be 

forwarded to regional newspapers and 

radio and television stations and posted 

in village post offices and stores. 

(3) Special Black Brant and Cackling 

Goose Season Hunting Closure: From 

the period when egg laying begins until 

young birds are fledged. Closure dates to 

be announced by the Service’s Alaska 

Regional Director or his designee, after 

consultation with field biologists and 

the Association of Village Council 

President’s Waterfowl Conservation 

Committee. A press release announcing 

the actual closure dates will be 

forwarded to regional newspapers and 

radio and television stations and posted 

in village post offices and stores. 

(4) Special Area Closure: 

(i) The following described goose 

nesting colonies are closed to all 

hunting and egg gathering from the 

period of nest initiation until young 

birds are fledged: 

(A) Kokechik Bay Colony—bounded 

by 61.61°N to 61.67°N and 165.83°W to 

166.08°W; 

(B) Tutakoke River Colony—bounded 

by 61.20°N to 61.28°N and 165.08°W to 

165.13°W; 

(C) Kigigak Island Colony—bounded 

by islan’s edge; 

(D) Baird Peninsula Colony—bounded 

by 60.87° N to 60.91° N and 164.65° W 

to 165.80° W; and 

(E) Baird Island Colony—bounded by 

island’s edge. 

(ii) Closure dates to be announced by 

the Alaska Regional Director or his 

designee, after consultation with field 

biologists and the Association of Village 

Council President’s Waterfowl 

Conservation Committee. A press 

release announcing the actual closure 

dates will be forwarded to regional 

newspapers and radio and television 

stations and posted in village post 

offices and stores. 

(c) Bristol Bay Region. 

(1) Season: April 2–June 14 and July 

16–August 31 (general season); April 2–

July 15 for seabird egg gathering only. 

(2) Closure: June 15–July 15 (general 

season); July 16–August 31 (seabird egg 

gathering). 

(d) Bering Strait/Norton Sound 

Region. 

(1) Stebbins/St. Michael Area (Point 

Romanof to Canal Point): 

(i) Season: April 15–June 14 and July 

16–August 31. 

(ii) Closure: June 15–July 15. 

(2) Remainder of the region: 

(i) Season: April 2–June 14 and July 

16–August 31 for waterfowl; April 2–

July 19 and August 21–August 31 for all 

other birds. 

(ii) Closure: June 15–July 15 for 

waterfowl; July 20–August 20 for all 

other birds. 

(e) Kodiak Archipelago Region, except 

for the Kodiak Island roaded area, is 

closed to the harvesting of migratory 

birds and their eggs. The closed area 

consists of all lands and waters 

(including exposed tidelands) east of a 

line extending from Crag Point in the 

north to the west end of Saltery Cove in 

the south and all lands and water south 

of a line extending from Termination 

Point along the north side of Cascade 

Lake extending to Anton Larson Bay. 

Waters adjacent to the closed area are 

closed to harvest within 500 feet from 

the water’s edge. The offshore islands 

are open to harvest. 

(1) Season: April 2–June 20 and July 

22–August 31; egg gathering: May 1–

June 20 only. 

(2) Closure: June 21–July 21. 

(f) Northwest Arctic Region. 

(1) Season: April 2–June 9 and August 

15–August 31 (hunting in general); 

waterfowl egg gathering May 20–June 9 

only; seabird egg gathering July 3–July 

12 only; hunting molting/non-nesting 

waterfowl July 1–July 31 only. 

(2) Closure: June 10–August 14, 

except for the taking of seabird eggs and 

molting/non-nesting waterfowl as 

provided in paragraph (f)(1) of this 

section. 

(g) North Slope Region. 

(1) Southern Unit (Southwestern 

North Slope regional boundary east to 

Peard Bay, everything west of the 

longitude line 158°30′ W and south of 

the latitude line 70°45′ N to the west 

bank of the Ikpikpuk River, and 

everything south of the latitude line 

69°45′ N between the west bank of the 

Ikpikpuk River to the east bank of 

Sagavinirktok River): 

(i) Season: April 2–June 29 and July 

30–August 31 for seabirds; April 2–June 

19 and July 20–August 31 for all other 

birds. 

(ii) Closure: June 30–July 29 for 

seabirds; June 20–July 19 for all other 

birds. 

(2) Northern Unit (At Peard Bay, 

everything east of the longitude line 

158°30′ W and north of the latitude line 

70°45′ N to west bank of the Ikpikpuk 

River, and everything north of the 

latitude line 69°45′ N between the west 

bank of the Ikpikpuk River to the east 

bank of Sagavinirktok River): 

(i) Season: April 6–June 6 and July 7–

August 31 for king and common eiders 

and April 2–June 15 and July 16–August 

31 for all other birds. 

(ii) Closure: June 7–July 6 for king and 

common eiders; June 16–July 15 for all 

other birds. 

(3) Eastern Unit (East of eastern bank 

of the Sagavanirktok River): 

(i) Season: April 2–June 19 and July 

20–August 31. 

(ii) Closure: June 20–July 19. 

(4) All Units: yellow-billed loons. 

Annually, up to 20 yellow-billed loons 

total for the region may be caught 

inadvertently in subsistence fishing nets 

in the North Slope Region and kept for 

subsistence use. Individuals must report 

each yellow-billed loon inadvertently 

caught while subsistence gill net fishing 


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75066 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Proposed Rules 

to the North Slope Borough Department 

of Wildlife Management by the end of 

the season. 

(h) Interior Region. 

(1) Season: April 2–June 14 and July 

16–August 31; egg gathering May 1–June 

14 only. 

(2) Closure: June 15–July 15. 

(i) Upper Copper River (Harvest Area: 

State of Alaska Game Management Units 

11 and 13) (Eligible communities: 

Gulkana, Chitina, Tazlina, Copper 

Center, Gakona, Mentasta Lake, 

Chistochina and Cantwell). 

(1) Season: April 15–May 26 and June 

27–August 31. 

(2) Closure: May 27–June 26. 

(3) The Copper River Basin 

communities listed above also 

documented traditional use harvesting 

birds in Unit 12, making them eligible 

to hunt in this unit during the seasons 

specified in paragraph (h) of this 

section. 

(j) Gulf of Alaska Region. 

(1) Prince William Sound Area 

(Harvest area: Unit 6 [D]), (Eligible 

Chugach communities: Chenega Bay, 

Tatitlek). 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(2) Kachemak Bay Area (Harvest area: 

Unit 15[C] South of a line connecting 

the tip of Homer Spit to the mouth of 

Fox River) (Eligible Chugach 

communities: Port Graham, Nanwalek). 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(k) Cook Inlet (Harvest area: portions 

of Unit 16[B] as specified below) 

(Eligible communities: Tyonek only). 

(1) Season: April 2 May–31—That 

portion of Unit 16(B) south of the 

Skwentna River and west of the Yentna 

River, and August 1–31—That portion 

of Unit 16(B) south of the Beluga River, 

Beluga Lake, and the Triumvirate 

Glacier. 

(2) Closure: June 1–July 31. 

(l) Southeast Alaska. 

(1) Community of Hoonah (Harvest 

area: National Forest lands in Icy Strait 

and Cross Sound, including Middle Pass 

Rock near the Inian Islands, Table Rock 

in Cross Sound, and other traditional 

locations on the coast of Yakobi Island. 

The land and waters of Glacier Bay 

National Park remain closed to all 

subsistence harvesting [50 CFR Part 

100.3]). 

(i) Season: glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

(2) Communities of Craig and 

Hydaburg (Harvest area: small islands 

and adjacent shoreline of western Prince 

of Wales Island from Point Baker to 

Cape Chacon, but also including 

Coronation and Warren islands). 

(i) Season: glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

(1) Community of Yakutat (Harvest 

area: Icy Bay [Icy Cape to Pt. Riou], and 

coastal lands and islands bordering the 

Gulf of Alaska from Pt. Manby southeast 

to Dry Bay). 

(i) Season: glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

Dated: November 21, 2006. 

David M. Verhey, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 06–9492 Filed 12–12–06; 8:45 am] 

BILLING CODE 4310–55–P 


rwilkins on PROD1PC63 with PROPOSALS3