18318 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

RIN 1018–AU59 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2007 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or we) is publishing 

harvest regulations for migratory bird 

subsistence hunting in Alaska for the 

2007 season. This final rule establishes 

regulations that prescribe frameworks, 

or outer limits, for dates when 

harvesting of birds may occur, species 

that can be taken, and methods and 

means that are excluded from use. 

These regulations were developed under 

a Co-management process involving the 

Service, the Alaska Department of Fish 

and Game, and Alaska Native 

representatives. These regulations 

provide a framework to enable the 

continuation of customary and 

traditional subsistence uses of migratory 

birds in Alaska. The rulemaking is 

necessary because the regulations 

governing the subsistence harvest of 

migratory birds in Alaska are subject to 

annual review. This rulemaking 

establishes regulations that go into effect 

on April 2, 2007, and expire on August 

31, 2007. 

DATES: The amendments to subpart C of 

50 CFR part 92 become effective May 

11, 2007. The amendments to subparts 

A and D of 50 CFR part 92 are effective 

April 11, 2007, through August 31, 

2007. 

FOR FURTHER INFORMATION CONTACT: Fred 

Armstrong, (907) 786–3887, or Donna 

Dewhurst, (907) 786–3499, U.S. Fish 

and Wildlife Service, 1011 E. Tudor 

Road, Mail Stop 201, Anchorage, AK 

99503. 

SUPPLEMENTARY INFORMATION: 

Background 

How Do I Find the History of These 

Regulations? 

Background information, including 

past events leading to this action, 

accomplishments since the Migratory 

Bird Treaties with Canada and Mexico 

were amended, and a history of 

addressing conservation issues can be 

found in the following Federal Register 

notices: August 16, 2002 (67 FR 53511), 

July 21, 2003 (68 FR 43010), April 2, 

2004 (69 FR 17318), April 8, 2005 (70 

FR 18244), and February 28, 2006 (71 

FR 10404). These documents are readily 

available at 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. 

On December 13, 2006, we published 

in the Federal Register (71 FR 75061) a 

proposed rule to establish spring/ 

summer migratory bird subsistence 

harvest regulations in Alaska for the 

2007 subsistence season. The proposed 

rule provided for a public comment 

period of 60 days. 

This rule finalizes regulations for the 

taking of migratory birds for subsistence 

uses in Alaska during 2007. This rule 

lists migratory bird species that are open 

or closed to harvest, as well as season 

openings and closures by region, and a 

change to the Fairbanks North Star 

Borough excluded area. It also describes 

a change in the methods and means of 

taking migratory birds for subsistence 

purposes. 

How Will the Service Continue To 

Ensure That the Subsistence Harvest 

Will Not Raise Overall Migratory Bird 

Harvest? 

The Service has an emergency closure 

provision (50 CFR 92.21), so that if any 

significant increases in harvest are 

documented for one or more species in 

a region, an emergency closure can be 

requested and implemented. Eligibility 

to harvest under the regulations 

established in 2003 was limited to 

permanent residents, regardless of race, 

in villages located within the Alaska 

Peninsula, Kodiak Archipelago, the 

Aleutian Islands and in areas north and 

west of the Alaska Range (50 CFR 92.5). 

These geographical restrictions opened 

the initial subsistence migratory bird 

harvest to only about 13 percent of 

Alaska residents. High-population areas 

such as Anchorage, the 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 50 CFR 

92.5(c). These communities included: 

Gulkana, Gakona, Tazlina, Copper 

Center, Mentasta Lake, Chitina, 

Chistochina, Tatitlek, Chenega, Port 

Graham and Nanwalek, Tyonek, and 

Hoonah, with populations totaling 

2,766. In 2005, we added three 

additional communities for glaucouswinged gull egg gathering only, based 

on petitions requesting inclusion. These 

southeastern communities included 

Craig, Hydaburg, and Yakutat, with a 

combined population of 2,459. These 

new communities increased the 

percentage of the State population 

included in the subsistence bird harvest 

to 14 percent. 

In this rule, we have enacted the 

Alaska Department of Fish and Game’s 

(ADFG) request to expand the Fairbanks 

North Star Borough excluded area to the 

Central Interior excluded area 

comprising the following: That portion 

of Unit 20(A) east of the Wood River 

drainage and south of Rex Trail, 

including the upper Wood River 

drainage south of its confluence with 

Chicken Creek; that portion of Unit 

20(C) east of Denali National Park north 

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

and that portion of Unit 20(D) west of 

the Tanana River between its confluence 

with the Johnson and Delta Rivers, west 

of the east bank of the Johnson River, 

and north and west of the Volmar 

drainage, including the Goodpaster 

River drainage. 

The purpose of the excluded area’s 

expansion is to prevent new traditions 

and increased harvest levels that could 

result from inclusion of communities 

that have not traditionally hunted 

migratory birds in the spring and 

summer for subsistence. Specifically, 

this regulation would exclude residents 

of Delta Junction/Big Delta/Fort Greely, 

McKinley Park/Village, Healy and Ferry 

from eligibility to participate in spring/ 

summer migratory bird subsistence 

hunts. There is no evidence that there 

has been a tradition of spring/summer 

subsistence migratory bird hunting in 

the excluded area. ADFG also cited the 

action by the Alaska Joint Boards of 

Fisheries and Game in 1992 creating the 

Fairbanks Non-subsistence area as 

additional rationale for this regulation. 

The report focused on a socio-economic 

study that was conducted to determine 

whether or not subsistence traits existed 

in the Fairbanks region to justify it being 

considered a subsistence eligible area. 

The summary report recommended the 


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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 clarified the definition 

of excluded areas to explain that 

persons living in excluded areas are not 

eligible to participate in the Alaska 

spring/summer subsistence harvest and 

that the excluded area is closed to 

harvesting. 

What Is Changing in the Methods and 

Means Prohibitions for 2007? 

When we established the initial 

methods and means regulations (68 FR 

43010, July 21, 2003), we followed the 

Co-management Council 

recommendation to adopt those existing 

methods and means prohibitions that 

occur in the Federal (50 CFR 20.21) and 

Alaska (5AAC92.100) migratory bird 

hunting regulations and that do not 

conflict with the customary and 

traditional methods of taking birds. In 

this rule, we have incorporated the 

ADFG’s request to prohibit baiting and 

shooting over a baited area (Statewide). 

What Is Changing in the List of Birds 

Open to Harvest for 2007? 

At the request of the North Slope 

Borough Fish and Game Management 

Committee, the Co-management Council 

recommended continuing into 2007 the 

provisions originally established in 

2005 to allow subsistence use of 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 may be caught in 

2007 pursuant to this provision. The 

North Slope Borough Department of 

Wildlife requires individuals to report 

their take of yellow-billed loons by the 

end of each season. In addition, the 

North Slope Borough has asked 

fishermen, through announcements on 

the radio and through personal contact, 

to report all entanglements of loons to 

better estimate the levels of injury or 

mortality caused by gill nets. In 2006, 

four yellow-billed loons were reported 

taken in fishing nets and an additional 

one was found alive in a net and 

released. This provision, to allow 

subsistence possession and use of 

yellow-billed loons caught in fishing gill 

nets, is subject to annual review and 

renewal by the SRC. 

Summary of Public Involvement 

On December 13, 2006, we published 

in the Federal Register (71 FR 75061) a 

proposed rule to establish spring/ 

summer migratory bird subsistence 

harvest regulations in Alaska for the 

2007 subsistence season. The proposed 

rule provided for a public comment 

period of 60 days. We posted an 

announcement of the comment period 

dates for the proposed rule, as well as 

the rule itself and related historical 

documents, on the Council’s internet 

homepage. We issued a press release 

announcing our request for public 

comments and the pertinent deadlines 

for such comments, which was faxed to 

the media Statewide. By the close of the 

public comment period on February 12, 

2007, we had received written responses 

from three entities. Two of the 

responses were from individuals and 

one from a non-governmental 

organization. 

Response to Public Comments 

General Comments 

One general comment was received 

on the overall regulations by expressing 

strong opposition to the concept of 

allowing any harvest of migratory birds 

in Alaska. 

Service Response: For centuries, 

indigenous inhabitants of Alaska have 

harvested migratory birds for 

subsistence purposes during the spring 

and summer months. The Canada and 

Mexico migratory bird treaties were 

recently amended for the express 

purpose of allowing subsistence hunting 

for migratory birds during the spring 

and summer and clearly contemplate 

that the Service would issue regulations 

allowing such hunting as provided in 

the Migratory Bird Treat Act, 16 U.S.C. 

712(1). See Statutory Authority section 

for more details. 

The Preamble of the Protocol 

amending the Canada Treaty states one 

of its goals is to allow a traditional 

subsistence hunt while also improving 

conservation of migratory birds through 

effective regulation of this hunt. In 

addition, the Preamble notes that, by 

sanctioning a traditional subsistence 

hunt, the Parties do not intend to cause 

significant increases in the take of 

migratory birds, relative to their 

continental population sizes, compared 

to the take that is presently occurring. 

Any such increase in take as a result of 

the types of hunting provided for in the 

Protocol would be inconsistent with the 

Convention. If at some point the 

subsistence harvest regulations result in 

increased harvest, management 

strategies will be implemented to ensure 

maintenance of continental populations. 

How Will the Service Continue To 

Ensure That the Subsistence Harvest 

Will Not Raise Overall Migratory Bird 

Harvest? 

Two comments were received 

regarding passage of a request to expand 

the Fairbanks North Star Borough 

excluded area to the Central Interior 

excluded area, which would exclude 

residents of Delta Junction/Big Delta/ 

Fort Greely, McKinley Park/Village, 

Healy and Ferry from eligibility to 

participate in spring/summer migratory 

bird subsistence hunts. The expansion 

mirrors the current State of Alaska 

Fairbanks Non-subsistence Use Area 

boundaries. One commenter expressed 

support of expansion of the excluded 

area, stating that there is no evidence of 

a tradition of spring/summer 

subsistence hunting within the area. 

Another commenter brought up the 

question of whether due process was 

followed in the decision making process 

to take away the subsistence rights of 

the subsistence users in this area. The 

commenter further questions if all 

means (example: radio, television, local 

paper, State paper, flyers, meeting etc.) 

were exhausted in notifying the public 

(community) to weigh in on this issue 

involving taking away their subsistence 

right to hunt waterfowl. The commenter 

asks why other options were not 

brought to the table, such as alternate 

means of management including quotas 

or bag limits. The commenter also asks 

if there were any biological studies 

reflecting a negative impact on the 

waterfowl harvested in the area. 

Service Response: A process for 

petitioning to exclude a community was 

approved by the Co-management 

Council on April 6, 2006. The approval 

process starts with petitions to exclude 

communities being sent to the Comanagement Council during the 

November 1–December 15 open 

submission period. A petition should 

address the five criteria listed in 50 CFR 

92.5(c). Upon submission, the petition 

will follow the normal review process 

outlined for regulatory proposals, 

including review by the Co-management 

Council’s Technical Committee and 

petition dispersal to the regional 

management bodies for their review and 

recommendation(s). The affected 

regions are then responsible to conduct 

public meetings in the affected 

communities, after appropriate public 

notice. 

In a public meeting held in Anchorage 

on April 6, 2006, the Co-management 

Council voted to recommend approval 

of the proposal to expand the Fairbanks 

North Star Borough excluded area and 

re-named it the Central Interior 


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excluded area. Justification to proceed 

was based on the fact that there is no 

evidence that there has been a tradition 

of spring and summer hunting of 

migratory birds in the proposed 

excluded area. The proposal cited 

previous action by the Alaska Joint 

Boards of Fisheries and Game in 1992 

creating the Fairbanks Non-subsistence 

area as rationale for this regulation. The 

report focused on a socio-economic 

study that was conducted to determine 

whether or not subsistence traits existed 

in the Fairbanks region to justify it being 

considered a subsistence eligible area. 

The summary report recommended the 

Fairbanks area be considered a 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. The Joint Boards 

of Fisheries and Game unanimously 

approved the non-subsistence use area. 

To address the commenter’s concern 

about public notification, we offer the 

following: The issue of excluding 

communities in the Interior of Alaska is 

not a new issue. Since the inception of 

the Co-management Council, we have 

had several proposals to expand or 

exclude either the Interior region or 

communities from participating in the 

spring and summer harvest of migratory 

birds in Alaska. The first year, a 

proposal was submitted to exclude 

several communities including Delta 

Junction, Tok, and other communities 

located on the Alaska Highway. At that 

time, the Co-management Council 

rejected the proposal based on the fact 

that there was no process or criteria for 

excluding communities or regions from 

participation in the spring/summer 

program. The second year, a proposal 

was submitted to exclude the 

agricultural fields located on the Alaska 

Highway that were the focus of the 

problem encountered by farmers and 

hunters. That proposal was rejected 

based on the fact that the regional 

management partner had not held any 

regional meetings to vet the proposal. 

The Co-management Council is 

required by its by-laws to publicize the 

meetings 30 days prior to the meetings 

in a public newspaper. We also post the 

notices, draft agendas, and proposals on 

our website, which is available to 

anyone with internet access. The Comanagement Council also utilizes the 

Service’s Alaska Region External Affairs 

distribution system, which disseminates 

public notices to more than 40 

newspaper and radio/television stations 

in Alaska, to invite public participation 

in the Co-management Council 

Meetings. The Co-management Council 

provides ample opportunity during their 

meetings for people to comment and 

voice their concerns. Potential closing of 

the region to subsistence bird hunting 

has been discussed at the local Fish and 

Game Advisory Committee meetings, 

which are open to the public. 

We also send Federal Register 

publications to the various conservation 

system units in Alaska, including the 

National Wildlife Refuge system in 

Alaska, the National Park Service, the 

Bureau of Land Management, and other 

conservation-oriented programs in 

Alaska. 

Finally, the Co-management Council 

produces on an annual basis a userfriendly version of the regulations. This 

handbook is developed annually and 

dispersed to more than 26,000 

households in eligible communities in 

Alaska. The handbooks reflect current 

regional and Statewide regulations as 

well as changes for the upcoming 

season. 

The commenter asked if other 

management options, such as bag limits 

or quotas, were brought to the table for 

discussion prior to this exclusion 

decision. The options of going to bag 

limits or quotas were not discussed 

formally at the Co-management Council 

level. Relative to this proposal, 

however, these ideas have been 

discussed in other settings, and because 

of the spirit and intent of legitimizing 

the spring and summer harvest, such as 

sharing and passing down of customs 

and traditions, the notion of bag limits 

was dismissed because it did not fit into 

the local traditions of harvesting and 

sharing with others in a community. A 

parallel proposal, to close subsistence 

migratory bird hunting in a portion of 

the agricultural fields in Unit 20(D) for 

August 15–31 of each year, was brought 

forward and tabled for one year. The Comanagement Council on April 6, 2006, 

opted to support ADFG’s exclusion 

proposal instead of the option of a 

seasonal closure of the agricultural 

fields. 

The commenter asked if there were 

any biological studies reflecting a 

negative impact on the waterfowl 

harvested in the area. Neither the 

Service nor ADFG has conducted any 

formal studies of the effects of spring/ 

summer subsistence migratory bird 

hunting in the expanded exclusion area 

on either the local or nationwide 

waterfowl species populations. The 

Service has not conducted subsistence 

migratory bird harvest surveys of the 

communities that will be excluded 

under the exclusion area expansion 

during the 4 years of legal harvest 

(2003–06). 

What Is Changing on the List of Birds 

Open to Harvest for 2007? 

One comment was received stating 

continued opposition to maintaining 15 

species of conservation concern on the 

list of birds open to harvest for 2007. 

These 15 species included: brant (Banta 

bernicula), king and common eiders 

(Somateria spectabilis and millissma), 

black scoter (Melanitta nigra), longtailed duck (Clangula hyemalis), redthroated and yellow-billed loons (Gavia 

stellata and adamsii), black 

oystercatcher (Haematopus bachmani), 

bar-tailed godwit (Limosa lapponica), 

ruddy turnstone (Arenaria interpres), 

dunlin (Calidris alpine), red-legged 

kittiwake (Rissa brevirostris), Arctic and 

Aleutian terns (Sterna paradisaea and 

aleutica), and whiskered auklet (Aethia 

pygmaea). 

Service Response: The Service 

originally addressed the Birds of 

Conservation Concern relative to the 

subsistence harvest starting in July 

2003, with a final decision published in 

the April 2, 2004, Federal Register (69 

FR 17318). The Birds of Conservation 

Concern list does not include waterfowl 

species, so the first five species listed in 

the comment were not addressed. Brant 

population trends were extensively 

discussed in 2005 and 2006, and 

regional closures were put in place 

starting in the 2006 season (71 FR 

10404; February 28, 2006). 

If the commentor desires to pursue 

subsistence harvest restrictions on the 

bird species listed above, the 

commenter could submit one or more 

formal proposals to change harvest 

regulations during the annual open 

period of November 1–December 15, 

2007. The proposal(s) should include 

any new and updated species 

population data that would justify a 

change in the original Service decisions. 

The Co-management Council is a Comanagement system comprised of 

Alaska Natives, and State and Federal 

representatives, acting as equals, that 

provide recommendations to the SRC on 

conservation issues relative to the 

subsistence harvest of migratory birds in 

Alaska. 

One commenter requested that ivory 

gulls (Pagophila eburnea) be removed 

from the List of Birds Open to Harvest 

in 2007. The documented population 

decline was cited as justification as well 

as the recent recommendation to list the 

species as endangered by the Committee 

on the Status of Endangered Wildlife in 

Canada. 

Service Response: Ivory gulls are 

spring and fall migrants along Alaska’s 

North Slope and northern Bering Sea. A 

similar concern was raised in comments 


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on the 2004 proposed rule (69 FR 17318; 

April 2, 2004), but no formal proposals 

have ever been submitted for closure. 

Ivory gulls are not on the Birds of 

Conservation Concern list on any scale, 

because the list does not include casual 

migrants/non-breeders. We will 

continue to monitor circumpolar 

management recommendations and 

species population trends. The Arctic 

Council’s Conservation of Arctic Flora 

and Fauna-Circumpolar Seabird 

Working Group will be completing an 

Ivory Gull Conservation Strategy in 

2007 that will document this bird’s 

current, global population status and 

identify conservation issues. Proposals 

to remove ivory gulls from the 2009 

harvest regulations may be submitted 

during the annual open period of 

November 1–December 15, 2007. 

Statutory Authority 

We derive our authority to issue these 

regulations from the Migratory Bird 

Treaty Act, 16 U.S.C. 712(1), which 

authorizes the Secretary of the Interior, 

in accordance with the treaties with 

Canada, Mexico, Japan, and Russia, to 

‘‘issue such regulations as may be 

necessary to assure that the taking of 

migratory birds and the collection of 

their eggs, by the indigenous inhabitants 

of the State of Alaska, shall be permitted 

for their own nutritional and other 

essential needs, as determined by the 

Secretary of the Interior, during seasons 

established so as to provide for the 

preservation and maintenance of stocks 

of migratory birds.’’

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this 

document is not a significant rule 

subject to OMB review under Executive 

Order 12866. 

(a) This rule will not have an annual 

economic effect of $100 million or more 

or adversely affect an economic sector, 

productivity, jobs, the environment, or 

other units of government. The rule 

does not provide for new or additional 

hunting opportunities and therefore will 

have minimal economic or 

environmental impact. This rule 

benefits those participants who engage 

in the subsistence harvest of migratory 

birds in Alaska in two identifiable ways: 

first, participants receive the 

consumptive value of the birds 

harvested; and second, participants get 

the cultural benefit associated with the 

maintenance of a subsistence economy 

and way of life. The Service can 

estimate the consumptive value for 

birds harvested under this rule but does 

not have a dollar value for the cultural 

benefit of maintaining a subsistence 

economy and way of life. 

The economic value derived from the 

consumption of the harvested migratory 

birds has been estimated using the 

results of a paper by Robert J. Wolfe 

titled, ‘‘Subsistence Food Harvests in 

Rural Alaska, and Food Safety Issues’’

(August 13, 1996). Using data from 

Wolfe’s paper and applying it to the 

areas that will be included in this 

process, we determined a maximum 

economic value of $6 million annually. 

This is the estimated economic benefit 

of the consumptive part of this rule for 

participants in subsistence hunting. The 

cultural benefits of maintaining a 

subsistence economy and way of life 

can be of considerable value to the 

participants, and these benefits are not 

included in this figure. 

(b) This rule will not create 

inconsistencies with other agencies’

actions. We are the Federal agency 

responsible for the management of 

migratory birds, coordinating with the 

State of Alaska’s Department of Fish and 

Game on management programs within 

Alaska. The State of Alaska is a member 

of the Alaska Migratory Bird 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 

March 28, 2000, Notice of Decision (65 

FR 16405), we identified 12 partner 

organizations (Alaska Native non-profits 

and local governments) to administer 

the regional programs. The ADFG will 

also incur expenses for travel to Comanagement Council and regional 

management body meetings. In 

addition, the State of Alaska will be 

required to provide technical staff 


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support to each of the regional 

management bodies and to the 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 ADFG to help 

offset their expenses. 

Paperwork Reduction Act 

This rule has been examined under 

the Paperwork Reduction Act of 1995 

and has been found to contain 

information collection requirements. 

The Office of Management and Budget 

(OMB) has approved the collection of 

information associated with the 

voluntary annual household surveys 

that we use to determine levels of 

subsistence take. OMB has assigned 

OMB control number 1018–0124, which 

expires on January 31, 2010. We 

estimate the annual burden for this 

information collection to be 4,156 

hours. We will seek OMB approval for 

other necessary information collections 

contained in 50 CFR part 92. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

Federalism Effects 

As discussed in the Executive Order 

12866 and Unfunded Mandates Reform 

Act sections above, this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment under Executive 

Order 13132. We worked with the State 

of Alaska on development of these 

regulations. 

Civil Justice Reform—Executive Order 

12988 

The Department, in promulgating this 

rule, has determined that it will not 

unduly burden the judicial system and 

that it meets the requirements of 

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

Order 12988. 

Takings Implication Assessment 

This rule is not specific to particular 

land ownership, but applies to the 

harvesting of migratory bird resources 

throughout Alaska. Therefore, in 

accordance with Executive Order 12630, 

this rule does not have significant 

takings implications. 

Government-to-Government Relations 

With Native American Tribal 

Governments 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

With Native American Tribal 

Governments’’ (59 FR 22951), and 

Executive Order 13175 (65 FR 67249, 

November 6, 2000), concerning 

consultation and coordination with 

Indian Tribal Governments, we have 

consulted with Alaska tribes and 

evaluated the rule for possible effects on 

tribes or trust resources, and have 

determined that there are no significant 

effects. The rule will legally recognize 

the subsistence harvest of migratory 

birds and their eggs for tribal members, 

as well as for other indigenous 

inhabitants. 

Endangered Species Act Consideration 

Section 7 of the Endangered Species 

Act, as amended (16 U.S.C. 1531–1543; 

87 Stat. 884), provides that, ‘‘The 

Secretary shall review other programs 

administered by him and utilize such 

programs in furtherance of the purposes 

of the Act’’ and shall ‘‘insure that any 

action authorized, funded, or carried out 

* * * is not likely to jeopardize the 

continued existence of any endangered 

species or threatened species or result in 

the destruction or adverse modification 

of [critical] habitat. * * *’’

Consequently, we consulted with the 

Anchorage Fish and Wildlife Field 

Office of the Service to ensure that 

actions resulting from these regulations 

would not likely jeopardize the 

continued existence of spectacled or 

Steller’s eiders or result in the 

destruction or adverse modification of 

their critical habitat. Findings from this 

consultation are included in the 

Biological Opinion on the Effects of the 

Proposed 2007 Spring and Summer 

Subsistence Harvest of Birds on the 

Threatened Steller’s and Spectacled 

Eiders (dated March 30, 2007). The 

consultation concluded that the 2007 

regulations are not likely to jeopardize 

the continued existence of either the 

Steller’s or spectacled eider. 

Additionally, any modifications 

resulting from this consultation to 

regulatory measures previously 

proposed are reflected in this final rule. 

National Environmental Policy Act 

Consideration 

The annual regulations and options 

were considered in the Environmental 

Assessment, ‘‘Managing Migratory Bird 

Subsistence Hunting in Alaska: Hunting 

Regulations for the 2007 Spring/ 

Summer Harvest,’’ issued August 15, 

2006. Copies are available from the 

address indicated under the caption 

ADDRESSES. 

Energy Supply, Distribution, or Use 

(Executive Order 13211) 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. Because 

this rule would allow only for 

traditional subsistence harvest and 

would improve conservation of 

migratory birds by allowing effective 

regulation of this harvest, it is not a 

significant regulatory action under 

Executive Order 13211. Consequently, it 

is not expected to significantly affect 

energy supplies, distribution, and use. 

Therefore, this action is not a significant 

energy action under Executive Order 

13211 and no Statement of Energy 

Effects is required. 

List of Subjects in 50 CFR Part 92 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Subsistence, Treaties, Wildlife. 

■ For the reasons set out in the 

preamble, we amend title 50, chapter I, 

subchapter G, of the Code of Federal 

Regulations as follows: 

PART 92—MIGRATORY BIRD 

SUBSISTENCE HARVEST IN ALASKA 

■ 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); and 

■ b. Revising the introductory text and 

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

text, (a)(2)(iv), and (b). 

§ 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 


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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, and 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 

■ c. Adding a new paragraph (k) to read 

as set forth below. 

§ 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). 


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(2) [Reserved]. 

(e) Family Phalacrocoracidae. 

(1) Double-crested Cormorant 

(Phalacrocorax auritus). 

(2) Pelagic Cormorant (Phalacrocorax 

pelagicus). 

(f) Family Gruidae. 

(1) Sandhill Crane (Grus canadensis). 

(2) [Reserved]. 

(g) Family Charadriidae. 

(1) Black-bellied Plover (Pluvialis 

squatarola). 

(2) Common Ringed Plover 

(Charadrius hiaticula). 

(h) Family Haematopodidae. 

(1) Black Oystercatcher (Haematopus 

bachmani). 

(2) [Reserved]. 

(i) Family Scolopacidae. 

(1) Greater Yellowlegs (Tringa 

melanoleuca). 

(2) Lesser Yellowlegs (Tringa 

flavipes). 

(3) Spotted Sandpiper (Actitis 

macularia). 

(4) Bar-tailed Godwit (Limosa 

lapponica). 

(5) Ruddy Turnstone (Arenaria 

interpres). 

(6) Semipalmated Sandpiper (Calidris 

pusilla). 

(7) Western Sandpiper (Calidris 

mauri). 

(8) Least Sandpiper (Calidris 

minutilla). 

(9) Baird’s Sandpiper (Calidris 

bairdii). 

(10) Sharp-tailed Sandpiper (Calidris 

acuminata). 

(11) Dunlin (Calidris alpina). 

(12) Long-billed Dowitcher 

(Limnodromus scolopaceus). 

(13) Common Snipe (Gallinago 

gallinago). 

(14) Red-necked phalarope 

(Phalaropus lobatus). 

(15) Red phalarope (Phalaropus 

fulicaria). 

(j) Family Laridae. 

(1) Pomarine Jaeger (Stercorarius 

pomarinus). 

(2) Parasitic Jaeger (Stercorarius 

parasiticus). 

(3) Long-tailed Jaeger (Stercorarius 

longicaudus). 

(4) Bonaparte’s Gull (Larus 

philadelphia). 

(5) Mew Gull (Larus canus). 

(6) Herring Gull (Larus argentatus). 

(7) Slaty-backed Gull (Larus 

schistisagus). 

(8) Glaucous-winged Gull (Larus 

glaucescens). 

(9) Glaucous Gull (Larus 

hyperboreus). 

(10) Sabine’s Gull (Xema sabini). 

(11) Black-legged Kittiwake (Rissa 

tridactyla). 

(12) Red-legged Kittiwake (Rissa 

brevirostris). 

(13) Ivory Gull (Pagophila eburnea). 

(14) Arctic Tern (Sterna paradisaea). 

(15) Aleutian Tern (Sterna aleutica). 

(k) Family Alcidae. 

(1) Common Murre (Uria aalge). 

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

(3) Black Guillemot (Cepphus grylle). 

(4) Pigeon Guillemot (Cepphus 

columba). 

(5) Cassin’s Auklet (Ptychoramphus 

aleuticus). 

(6) Parakeet Auklet (Aethia 

psittacula). 

(7) Least Auklet (Aethia pusilla). 

(8) Whiskered Auklet (Aethia 

pygmaea). 

(9) Crested Auklet (Aethia cristatella). 

(10) Rhinoceros Auklet (Cerorhinca 

monocerata). 

(11) Horned Puffin (Fratercula 

corniculata). 

(12) Tufted Puffin (Fratercula 

cirrhata). 

(l) Family Strigidae. 

(1) Great Horned Owl (Bubo 

virginianus). 

(2) Snowy Owl (Nyctea scandiaca). 

§ 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 island’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 


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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 

to the North Slope Borough Department 

of Wildlife Management by the end of 

the season. 

(h) Interior Region. 

(1) Season: April 2–June 14 and July 

16–August 31; egg gathering May 1–June 

14 only. 

(2) Closure: June 15–July 15. 

(i) Upper Copper River (Harvest Area: 

State of Alaska Game Management Units 

11 and 13) (Eligible communities: 

Gulkana, Chitina, Tazlina, Copper 

Center, Gakona, Mentasta Lake, 

Chistochina and Cantwell). 

(1) Season: April 15–May 26 and June 

27–August 31. 

(2) Closure: May 27–June 26. 

(3) The Copper River Basin 

communities listed above also 

documented traditional use harvesting 

birds in Unit 12, making them eligible 

to hunt in this unit using the seasons 

specified in paragraph (h) of this 

section. 

(j) Gulf of Alaska Region. 

(1) Prince William Sound Area 

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

Chugach communities: Chenega Bay, 

Tatitlek). 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(2) Kachemak Bay Area (Harvest area: 

Unit 15[C] South of a line connecting 

the tip of Homer Spit to the mouth of 

Fox River) (Eligible Chugach 

Communities: Port Graham, Nanwalek). 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(k) Cook Inlet (Harvest area: portions 

of Unit 16[B] as specified below) 

(Eligible communities: Tyonek only). 

(1) Season: April 2–May 31—That 

portion of Unit 16(B) south of the 

Skwentna River and west of the Yentna 

River, and August 1–31—That portion 

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

Beluga Lake, and the Triumvirate 

Glacier. 

(2) Closure: June 1–July 31. 

(l) Southeast Alaska. 

(1) Community of Hoonah (Harvest 

area: National Forest lands in Icy Strait 

and Cross Sound, including Middle Pass 

Rock near the Inian Islands, Table Rock 

in Cross Sound, and other traditional 

locations on the coast of Yakobi Island. 

The land and waters of Glacier Bay 

National Park remain closed to all 

subsistence harvesting [50 CFR Part 

100.3]). 

(i) Season: glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

(2) Communities of Craig and 

Hydaburg (Harvest area: small islands 

and adjacent shoreline of western Prince 

of Wales Island from Point Baker to 

Cape Chacon, but also including 

Coronation and Warren islands). 

(i) Season: glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

(3) Community of Yakutat (Harvest 

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

coastal lands and islands bordering the 

Gulf of Alaska from Pt. Manby southeast 

to Dry Bay). 

(i) Season: glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

Dated: March 30, 2007. 

Todd Willens, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E7–6667 Filed 4–10–07; 8:45 am] 

BILLING CODE 4310–55–P 


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