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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 7066-7070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00512]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[Docket No. FWS-R7-MB-2024-0197; FXMB12610700000-201-FF07M01000]
RIN 1018-BG70

Migratory Bird Subsistence Harvest in Alaska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
proposing changes to the migratory bird subsistence harvest regulations 
in Alaska. Subsistence harvest regulations allow for the continuation 
of customary and traditional subsistence uses of migratory birds in 
Alaska and establish when and where the harvesting of certain migratory 
birds may occur within each subsistence region. Subsistence harvest 
regulations, including these proposed changes, were developed under a 
co-management process involving the Service, the Alaska Department of 
Fish and Game, and Alaska Native representatives.

DATES: We will accept comments received or postmarked on or before 
February 20, 2025.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R7-
MB-2024-0197.
     U.S. Mail: Public Comments Processing, Attn: FWS-R7-MB-
2024-0197, U.S. Fish and Wildlife Service, MS: JAO/3W, 5275 Leesburg 
Place, Falls Church, VA 22041-3803.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comment Procedures, below, for more information).

FOR FURTHER INFORMATION CONTACT: Wendy Loya, U.S. Fish and Wildlife 
Service, 1011 E Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 
227-2942. Individuals in the United States who are deaf, deafblind, 
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point of contact in 
the United States. Please see Docket No. FWS-R7-MB-2024-0197 on https://www.regulations.gov for a document that summarizes this proposed rule.

SUPPLEMENTARY INFORMATION:

Public Comment Procedures

    To ensure that any action resulting from this proposed rule will be 
as accurate and as effective as possible, we request that you send 
relevant information for our consideration. The comments that will be 
most useful and likely to influence our decisions are those that you 
support by quantitative information or studies and those that include 
citations to, and analyses of, the applicable laws and regulations. 
Please make your comments as specific as possible and explain the basis 
for them. In addition, please include sufficient information with your 
comments to allow us to authenticate any scientific or commercial data 
you include.
    You must submit your comments and materials concerning this 
proposed rule by one of the methods listed above in ADDRESSES. We will 
not accept comments sent by email or fax or to an address not listed in 
ADDRESSES. If you submit a comment via https://www.regulations.gov, 
your entire comment--including any personal identifying information, 
such as your address, telephone number, or email address--will be 
posted on the website. When you submit a comment, the system receives 
it immediately. However, the comment will not be publicly viewable 
until we post it, which might not occur until several days after 
submission.
    If you mail a hardcopy comment directly to us that includes 
personal information, you may request at the top of your document that 
we withhold this information from public review. However, we cannot 
guarantee that we will be able to do so. All comments and materials we 
receive will be available for public inspection via https://www.regulations.gov. Search for FWS-R7-MB-2024-0197, which is the 
docket number for this rulemaking.

Background

    The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.) 
was enacted to protect migratory birds and gives the Secretary of the 
Interior the authority to regulate the harvest of certain migratory 
birds. The law further authorizes the Secretary to issue regulations to 
ensure that the indigenous inhabitants of the State of Alaska may take 
certain migratory birds and collect their eggs for nutritional and 
other essential needs during seasons established by the Secretary to 
provide for the preservation and maintenance of these migratory birds 
(16 U.S.C. 712(1)).
    The take of migratory birds for subsistence uses in Alaska occurs 
primarily during the spring and summer, a timeframe not included in the 
fall and winter general migratory game bird hunting regulations for the 
United States. Regulations governing the subsistence harvest of 
migratory birds in Alaska are located in title 50 of the Code of 
Federal Regulations (CFR) in part 92. These regulations allow for the 
continuation of customary and traditional subsistence uses of migratory 
birds and establish when and where the harvesting of certain birds in 
Alaska may occur within each subsistence region.
    The migratory bird subsistence harvest regulations are developed 
cooperatively. The Alaska Migratory Bird Co-Management Council (Council 
or AMBCC) consists of the Service, the Alaska Department of Fish and 
Game (ADFG), and Alaska Native representatives. The Council's primary 
purpose is to develop recommendations pertaining to the subsistence 
harvest of migratory birds.
    The Council generally holds an annual spring meeting to review and 
recommend any regulatory changes for migratory bird subsistence harvest 
regulations in Alaska. The Council met May 22-23, 2024, and recommended 
changes to the subsistence harvest regulations intended to take effect 
beginning with the 2025 harvest season. The Council's recommendations 
were presented to the Pacific Flyway Council for their review and 
comment and subsequent submission to the Service Regulations Committee 
(SRC) for consideration at the SRC meeting on November 19, 2024.

Proposed Revisions to the Regulations

    Under the collaborative process described above, this document 
proposes the following revisions to the regulations for the taking of 
certain migratory birds for subsistence uses in Alaska during the 
spring and summer.

Proposed Revision to Subpart A

    In 50 CFR part 92, subpart A (general provisions), we propose to 
correct a reference to the United States Code (U.S. Code). The current 
definition for Alaska Native in Sec.  92.4 incorrectly references 16 
U.S.C. 1602(b), which refers to section 3(b) of the Alaska Native 
Claims Settlement Act. The Alaska Native Claims Settlement Act is found 
in title 43 not title 16 of the U.S.

[[Page 7067]]

Code. Therefore, the definition needs to be corrected to reference 43 
U.S.C. 1602(b).

Proposed Revisions to Subpart C

    In 50 CFR part 92, subpart C (general regulations governing 
subsistence harvest), we propose several changes to clarify the 
language regarding regional species closures, remove a species from the 
list of subsistence migratory bird species, and update the common and 
or scientific names of three species.
    First, we propose revisions to clarify that the list of species 
open to subsistence harvest in Sec.  92.22 may have additional region-
specific harvest restrictions that do not appear in the list of 
subsistence migratory bird species. The language in the introductory 
paragraph in Sec.  92.22 states that the only exceptions to the species 
open to harvest is a regional closure in Southeast Alaska for the 
harvest of all migratory bird species except glaucous-winged gulls for 
egg harvesting only. While this provision was accurate at the time the 
regulation was initially promulgated, current regulations include other 
regional species-specific harvest restrictions, some of which are 
included in the statewide list of subsistence migratory bird species at 
Sec.  92.22. For example, for tundra swans, the regulation at Sec.  
92.22(a)(7) states that these birds and their eggs may be harvested 
except in Units 9(D) and 10. However, some regions in Alaska have 
species-specific harvest restrictions that are not listed in the 
statewide list of subsistence migratory bird species and are found only 
in Sec.  92.31 (region-specific regulations). For example, in the Gulf 
of Alaska region's Prince William Sound Area East (Sec.  
92.31(j)(2)(iii)), most non-waterfowl species are closed to harvest, 
but these restrictions can be found only in the region-specific 
regulations. Given this ambiguity, we propose to revise the language in 
the introductory paragraph of Sec.  92.22 to clarify that regional 
species-specific harvest restrictions may exist in the region-specific 
regulations.
    Second, we propose revisions to the list of subsistence migratory 
bird species in Sec.  92.22 to reflect the Council's recommendation to 
close emperor goose harvest statewide. In 2016, the Council adopted an 
Emperor Goose Management Plan (Plan) to guide regulations for a spring-
summer subsistence harvest of emperor geese and their eggs, which were 
opened to legal harvest in spring 2017. The Plan was developed in 
conjunction with the revised Pacific Flyway Council Management Plan for 
Emperor Geese (2016) that prescribes recommendations for the fall-
winter hunting regulations. The two management plans complement each 
other and use the same population assessment methods, population 
objectives, and regulatory thresholds in their respective harvest 
strategies. The harvest strategy in the Plan uses the indicated total 
bird index (index) from the Yukon-Kuskokwim Delta Coastal Zone (Coastal 
Zone) survey that the Service conducts to assess population status 
relative to established thresholds. The harvest strategy specifies that 
the spring-summer subsistence emperor goose season will be open if the 
Coastal Zone index from the previous year is greater than 23,000 birds, 
and harvest will be closed if the index is below that threshold. If the 
Coastal Zone index is between 23,000 and 28,000 birds, the Council will 
consider implementing regulatory or nonregulatory conservation 
measures. The 2024 Coastal Zone index was 18,788 (95 percent confidence 
interval of 16,589-20,988) birds, which is below the harvest closure 
threshold of 23,000 birds. Thus, the Council recommended that the 2025 
spring-summer subsistence season be closed to harvesting emperor geese. 
This recommendation was supported by the Pacific Flyway Council and the 
SRC in November 2024 and intended for implementation beginning with the 
2025 subsistence harvest season. Therefore, we propose to remove 
emperor geese from the list of subsistence migratory bird species open 
to harvest in Sec.  92.22.
    Third, we propose an update to the list of subsistence migratory 
bird species in Sec.  92.22 to incorporate changes in the list of birds 
protected by the MBTA at 50 CFR 10.13. On July 31, 2023, we published 
in the Federal Register (88 FR 49310) a revised list of migratory birds 
protected under the MBTA by adding or removing species or changing 
species names. Reasons for the changes to the list in Sec.  10.13 
included revised taxonomy and new evidence of natural occurrence or 
absence in the United States or U.S. territories. That rule went into 
effect on August 30, 2023. The revised list had updated nomenclature 
for three species on the list of subsistence migratory bird species at 
Sec.  92.22.
    Therefore, to be consistent with the list in Sec.  10.13, we are 
proposing to change the common and scientific names of mew gull and 
change the scientific names for two species of cormorants, pelagic and 
double-crested, in Sec.  92.22. The species formerly named mew gull has 
been split into two species, the common gull (Larus canus), which 
primarily occurs in Europe and Asia, and the short-billed gull (Larus 
brachyrhynchus), which occurs in North America. Therefore, we propose 
to replace mew gull (Larus canus) with short-billed gull (Larus 
brachyrhynchus). Pelagic and double-crested cormorants formerly shared 
the genus name Phalacrocorax, but now this genus has been split into 
multiple genera. We propose to update the scientific names of pelagic 
cormorant to Urile pelagicus and double-crested cormorant to 
Nannopterum auritum.

Proposed Revisions to Subpart D

    In part 92, subpart D (annual regulations governing subsistence 
harvest), we propose to revise the regulations in Sec.  92.31 to 
reflect the Council's recommendation to eliminate the permit 
requirement in the Kodiak Island Roaded Area (KIRA) and to change the 
species names for mew gulls. In 2021, spring-summer subsistence 
harvesting of migratory birds and eggs was opened experimentally for 3 
years (2021-2023) in the Kodiak Archipelago region's KIRA by 
registration permit with a harvest reporting requirement. The Service 
requested that the Council evaluate harvest information from the 
experimental seasons before a season could be considered for 
operational status. In October 2023, the SRC recommended extending the 
experimental season by 1 year through 2024 to provide hunting 
opportunity while the Council completed their review. An announcement 
was published in the Federal Register on May 1, 2024 (89 FR 35010), to 
inform the public of the 1-year extension.
    Following the 2023 subsistence season, the Council evaluated the 
harvest data from the experimental period. Based on permit report data, 
the Council determined that harvest was low during the experimental 
period; the average annual harvest of migratory birds and eggs in the 
KIRA during 2021-2023 was 122 birds and 100 eggs. For context, the data 
can be compared to the reported harvest from the last survey of the 
Kodiak Archipelago region in 2020. Residents in communities of the 
Kodiak Roaded Area subregion (communities that occur on the road system 
but hunted outside the KIRA) harvested 3,812 migratory birds and 2,612 
eggs during that spring-summer season (Naves and Mengak 2023). Assuming 
KIRA permit registrants in 2021-2023 were residents of the KIRA, and 
their hunt effort was similar to 2020, average annual migratory birds 
and eggs harvested during the experimental period represented 3 percent 
of total birds (122 of 3,812) and 4 percent of total eggs (100 of 
2,612) harvested in the

[[Page 7068]]

subregion. Based on this information, the Council concluded that an 
operational spring-summer hunt in the KIRA was unlikely to 
significantly increase harvest in the Kodiak Archipelago region.
    Participation in the permit hunt was low and slightly increased 
over the experimental period, evidenced by issued permits: 46 in 2021, 
58 in 2022, and 64 in 2023. The Council noted that the increase in 
participants over the experimental period was minimal, but future 
participation will be difficult to measure without a permit 
requirement. However, the Council also recognized that a change in 
participation may be indirectly monitored through public reports to 
Tribal organizations, the Kodiak City government, local law 
enforcement, ADFG, and the Service. If the increase is significant, the 
Council may consider future surveys to assess change in hunter 
participation, and if warranted, propose regulatory changes. 
Nonetheless, given the low harvest during the experimental season, the 
Council recommended eliminating the permit and harvest reporting 
requirement, acknowledging that such requirements are not part of 
customary and traditional hunting practices, may be a barrier to 
Indigenous participation, and are costly to administer.
    The Council recommended retaining the species closures for Aleutian 
terns, Arctic terns, short-billed gulls, and emperor geese within the 
KIRA to protect species of conservation concern. Aleutian tern nesting 
colonies have declined by more than 80 percent in Alaska over the last 
20 years, and only a few colonies remain on Kodiak Island. The largest 
colonies are within the KIRA, and implementing protective regulations 
for this species is a priority of the Council. Further, to offer 
additional protection for Aleutian terns, the season for Arctic terns 
and short-billed gulls, which nest in the same areas as Aleutian terns, 
will remain closed to harvest to reduce accidental harvest and colony 
disturbance of Aleutian terns. The KIRA will also remain closed to 
emperor geese (when emperor geese are open to harvest), a species of 
management concern, given that an open season may increase harvest for 
emperor geese along the road system.
    On May 22, 2024, the Council recommended an amendment to the 
regulations for the Kodiak Archipelago region to remove the permit and 
reporting requirements, retain the four species closures, and make the 
season operational in the KIRA. This regulatory amendment was supported 
by the Pacific Flyway Council and the SRC in November 2024 and intended 
for implementation beginning with the 2025 subsistence season.

Compliance With the MBTA and the Endangered Species Act

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

Conservation Under the MBTA

    We have monitored subsistence harvest for several decades through 
the use of household surveys in the most heavily used subsistence 
harvest areas, such as the Yukon-Kuskokwim Delta. Based on our 
monitoring of the migratory bird species and populations taken for 
subsistence, we find that this proposed rule will provide for the 
preservation and maintenance of migratory birds as required by the 
MBTA. Communication and coordination with the AMBCC and the Pacific 
Flyway Council have aided in the establishment of hunting regulations 
to ensure the long-term viability of the migratory birds exposed to 
harvest.

Endangered Species Act Consideration

    Spectacled eiders and the Alaska-breeding population of Steller's 
eiders are listed as threatened species under the Endangered Species 
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Their migration 
and breeding distribution overlap with areas where the spring and 
summer subsistence migratory bird harvest is open in Alaska. Neither 
species is included in the list of subsistence migratory bird species 
at Sec.  92.22; therefore, both species are closed to subsistence 
harvest. Under Sec. Sec.  92.21 and 92.32, the Service may implement 
emergency closures, if necessary, to protect Steller's eiders or any 
other endangered or threatened species or migratory bird population.
    Section 7 of the ESA requires the Secretary of the Interior to 
review other programs administered by the Department of the Interior 
and utilize such programs in furtherance of the purposes of the ESA. 
The Secretary is further required to ensure that any action authorized, 
funded, or carried out by the Department of the Interior is not likely 
to jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of critical habitat.
    The Service's Alaska Region Migratory Bird Management Program will 
conduct an intra-agency consultation with the Service's Northern Alaska 
Fish and Wildlife Field Office on this proposed rule. A biological 
opinion will be updated based on new information to ensure this 
proposed rulemaking action is not likely to jeopardize the continued 
existence of endangered or threatened species or result in the 
destruction or adverse modification of designated critical habitat. 
Therefore, we expect that this proposed rule will comply with the ESA.

Comment Period

    Implementation of the Service's 2013 supplemental environmental 
impact statement (SEIS) on the hunting of migratory birds resulted in 
changes to the overall timing of the annual regulatory schedule for the 
establishment of migratory bird hunting regulations and the Alaska 
migratory bird subsistence harvest regulations. The programmatic 
document, ``Second Final Supplemental Environmental Impact Statement: 
Issuance of Annual Regulations Permitting the Hunting of Migratory 
Birds (SEIS 20130139),'' filed with the Environmental Protection Agency 
on May 24, 2013, addressed compliance with the National Environmental 
Policy Act by the Service for issuance of the annual framework 
regulations for hunting of migratory game bird species. We published a 
notice of availability of the SEIS in the Federal Register on May 31, 
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR 
45376).
    The 2013 SEIS resulted in the Service moving the annual summer-fall 
SRC meeting from July to October or November, and this procedural 
change

[[Page 7069]]

has greatly shortened the period to publish the proposed subsistence 
harvest regulations and solicit comments before subsistence harvest 
seasons start on April 2 each year. Thus, we have established a 30-day 
comment period for this proposed rule (see DATES, above), and we will 
be conducting Tribal consultations within Alaska simultaneously. We 
believe a 30-day comment period gives the public adequate time to 
provide meaningful comments.

Required Determinations

Regulatory Planning and Review (Executive Orders 12866, 13563, and 
14094)

    Executive Order (E.O.) 14094 amends and reaffirms the principles of 
E.O. 12866 and E.O. 13563 and states that regulatory analysis should 
facilitate agency efforts to develop regulations that serve the public 
interest, advance statutory objectives, and are consistent with E.O. 
12866 and 13563. Regulatory analysis, as practicable and appropriate, 
shall recognize distributive impacts and equity, to the extent 
permitted by law. Executive Order 13563 emphasizes further that 
regulations must be based on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this proposed rule in a manner 
consistent with these requirements.
    Executive Order 12866, as reaffirmed by E.O. 13563 and E.O. 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
will review all significant rules. OIRA has determined that this 
proposed rule is not significant.

Regulatory Flexibility Act

    The Department of the Interior certifies that, if adopted as 
proposed, this proposed rule will not have a significant economic 
impact on a substantial number of small entities as defined under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A regulatory 
flexibility analysis is not required. Accordingly, a small entity 
compliance guide is not required. The regulations at 50 CFR part 92 
legalize a preexisting subsistence activity. The commodities that are 
regulated under these regulations are migratory birds, and the 
resources harvested are consumed. This proposed rule would make only 
modest changes to the current regulations.

Congressional Review Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Congressional Review Act. This proposed rule:
    (a) Would not have an annual effect on the economy of $100 million 
or more. The regulations at 50 CFR part 92 legalize the subsistence 
harvest of migratory birds and, as such, do not involve commodities 
traded in the marketplace. This proposed rule would not result in a 
substantial increase in subsistence harvest or a significant change in 
harvesting patterns.
    (b) Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. This proposed rule does not deal with 
traded commodities and, therefore, would not have an impact on prices 
for consumers.
    (c) Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
proposed rule deals with the harvesting of wildlife for personal 
consumption. It would not regulate the marketplace in any way to 
generate substantial effects on the economy or the ability of 
businesses to compete.

Unfunded Mandates Reform Act

    We have determined and certified under the Unfunded Mandates Reform 
Act (2 U.S.C. 1501 et seq.) that this proposed rule would not impose a 
cost of $100 million or more in any given year on local, State, or 
Tribal governments or private entities. The proposed rule would not 
have a significant or unique effect on local, State, or Tribal 
governments or the private sector. A statement containing the 
information required by the Unfunded Mandates Reform Act is not 
required. Participation on regional management bodies and the Council 
requires travel expenses for some Alaska Native organizations and local 
governments. In addition, they assume some expenses related to 
coordinating involvement of village councils in the regulatory process. 
Total coordination and travel expenses for all Alaska Native 
organizations are estimated to be less than $300,000 per year. When 
funding permits, the Service makes annual grant agreements available to 
the partner organizations and the ADFG to help offset their expenses. 
However, this proposed rule would not revise any regulations pertaining 
to participation in the regulatory process.

Takings (Executive Order 12630)

    Under the criteria in Executive Order 12630, this proposed rule 
would not have significant takings implications. The regulations at 50 
CFR part 92 are not specific to particular landownership but instead 
apply to the harvesting of migratory bird resources throughout Alaska. 
A takings implication assessment is not required.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132 (Federalism), this 
proposed rule does not have significant federalism implications to 
warrant the preparation of a federalism summary impact statement. The 
Service worked with the State of Alaska to develop these proposed 
regulations. Therefore, a federalism summary impact statement is not 
required.

Civil Justice Reform (Executive Order 12988)

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

Government-to-Government Relations With Native American Tribal 
Governments

    Consistent with Executive Order 13175 (65 FR 67249; November 9, 
2000), ``Consultation and Coordination with Indian Tribal 
Governments,'' and Department of the Interior policy on Consultation 
with Indian Tribes (December 1, 2011), we will send letters via 
electronic mail to all 229 Alaska federally recognized Indian Tribes. 
Consistent with Congressional direction (Pub. L. 108-199, div. H, sec. 
161, Jan. 23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div. 
H, title V, sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also will send 
letters to approximately 200 Alaska Native Corporations and other 
Tribal entities in Alaska soliciting their input as to whether or not 
they would like the Service to consult with them on the proposed 
changes to the migratory bird subsistence harvest regulations.
    We implemented the amended treaty with Canada with a focus on local 
involvement. The treaty calls for the creation of management bodies to 
ensure an effective and meaningful role for Alaska's indigenous 
inhabitants in the conservation of migratory birds. According to the 
Letter of Submittal, management bodies are to include Alaska Native, 
Federal, and State of Alaska representatives as equals. They develop 
recommendations for, among other things: seasons and bag limits, 
methods and means of take, law enforcement policies, population and 
harvest monitoring, educational programs, research and use of 
traditional knowledge, and habitat protection. The management bodies

[[Page 7070]]

involve village councils to the maximum extent possible in all aspects 
of management. To ensure maximum input at the village level, we 
required each of the 11 participating regions to create regional 
management bodies consisting of at least one representative from the 
participating villages. The regional management bodies meet twice 
annually to review and/or submit proposals to the statewide body.

Paperwork Reduction Act of 1995 (PRA)

    This proposed rule does not contain any new collection of 
information that requires approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has previously approved the 
information collection requirements associated with subsistence harvest 
reporting and assigned the following OMB control numbers:
     Alaska Migratory Bird Subsistence Harvest Household 
Survey, OMB Control Number 1018-0124 (expires July 31, 2027), and
     Regulations for the Taking of Migratory Birds for 
Subsistence Uses in Alaska, 50 CFR part 92, OMB Control Number 1018-
0178 (expires July 31, 2027).

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

    The regulations at 50 CFR part 92 and options are considered in the 
environmental assessment, ``Managing Migratory Bird Subsistence Hunting 
in Alaska: Hunting Regulations for the 2025 Spring/Summer Harvest.'' 
Copies are available from the person listed under FOR FURTHER 
INFORMATION CONTACT.

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

    Executive Order 13211 requires agencies to prepare statements of 
energy effects when undertaking certain actions. This proposed rule is 
not a significant regulatory action under this Executive order; it 
allows only for traditional subsistence harvest and improves 
conservation of migratory birds by allowing effective regulation of 
this harvest. This proposed rule would not have any effect on energy 
supplies, distribution, or use. Therefore, this action is not a 
significant energy action under Executive Order 13211, and a statement 
of energy effects is not required.

References Cited

Naves, Liliana C. and Lara, F. Mengak. 2023. Bird and Egg Harvest on 
the Aleutian-Pribilof Islands and the Kodiak Archipelago, 2020. 
Alaska Department of Fish and Game Division of Subsistence, 
Technical Paper No. 493, Anchorage.

List of Subjects in 50 CFR Part 92

    Hunting, Treaties, Wildlife.

Proposed Regulation Promulgation

    For the reasons set out in the preamble, we propose to amend 50 CFR 
part 92 as set forth below:

PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA

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

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

0
2. Amend Sec.  92.4 by revising the definition of ``Alaska Native'' to 
read as follows:

Sec.  92.4  Definitions.

* * * * *
    Alaska Native means the same as ``Native,'' defined in section 3(b) 
of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(b).
* * * * *
0
3. Amend Sec.  92.22 by:
0
a. Revising the introductory text;
0
b. Removing paragraph (a)(1);
0
c. Redesignating paragraphs (a)(2) through (33) as paragraphs (a)(1) 
through (32); and
0
d. Revising paragraphs (i)(6) and (l)(1) and (2).
    The revisions read as follows:

Sec.  92.22  Subsistence migratory bird species.

    You may harvest birds or gather eggs from the following species, 
listed in taxonomic order, within all included areas except where 
region-specific harvest restrictions apply as set forth in Sec.  92.31. 
When birds are listed at the species level, all subspecies existing in 
Alaska are also open to harvest. All bird species not listed are closed 
to harvesting and egg gathering.
* * * * *
    (i) * * *
    (6) Short-billed Gull (Larus brachyrhynchus).
* * * * *
    (l) * * *
    (1) Double-crested Cormorant (Nannopterum auritum).
    (2) Pelagic Cormorant (Urile pelagicus).
* * * * *
0
4. Amend Sec.  92.31 by revising the introductory text of paragraph (e) 
to read as follows:

Sec.  92.31  Region-specific regulations.

* * * * *
    (e) Kodiak Archipelago region. No hunting or egg gathering for 
Arctic terns, Aleutian terns, short-billed gulls, and emperor geese is 
allowed in the Kodiak Island Roaded Area. The Kodiak Island Roaded Area 
consists of that portion of Kodiak Island (including exposed tidelands) 
south of a line from Termination Point along the north side of Cascade 
Lake to Anton Larsen Bay and east of a line from Crag Point to the west 
end of Saltery Cove. Marine waters adjacent to the Kodiak Island Roaded 
Area within 500 feet from the water's edge are included in the Kodiak 
Island Roaded Area. The Kodiak Island Roaded Area does not include 
islands offshore of Kodiak Island.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2025-00512 Filed 1-17-25; 8:45 am]
BILLING CODE 4333-15-P
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