7066 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules 

[FR Doc. 2025–01319 Filed 1–17–25; 8:45 am] 

BILLING CODE 4333–15–C 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R7–MB–2024–0197; 

FXMB12610700000–201–FF07M01000] 

RIN 1018–BG70 

Migratory Bird Subsistence Harvest in 

Alaska 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are proposing 

changes to the migratory bird 

subsistence harvest regulations in 

Alaska. Subsistence harvest regulations 

allow for the continuation of customary 

and traditional subsistence uses of 

migratory birds in Alaska and establish 

when and where the harvesting of 

certain migratory birds may occur 

within each subsistence region. 

Subsistence harvest regulations, 

including these proposed changes, were 

developed under a co-management 

process involving the Service, the 

Alaska Department of Fish and Game, 

and Alaska Native representatives. 

DATES: We will accept comments 

received or postmarked on or before 

February 20, 2025. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R7–MB–2024–0197. 

• U.S. Mail: Public Comments 

Processing, Attn: FWS–R7–MB–2024– 

0197, U.S. Fish and Wildlife Service, 

MS: JAO/3W, 5275 Leesburg Place, Falls 

Church, VA 22041–3803. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Public 

Comment Procedures, below, for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Wendy Loya, U.S. Fish and Wildlife 

Service, 1011 E Tudor Road, Mail Stop 

201, Anchorage, AK 99503; (907) 227– 

2942. Individuals in the United States 

who are deaf, deafblind, hard of hearing, 

or have a speech disability may dial 711 

(TTY, TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point of 

contact in the United States. Please see 

Docket No. FWS–R7–MB–2024–0197 on 

https://www.regulations.gov for a 

document that summarizes this 

proposed rule. 

SUPPLEMENTARY INFORMATION: 

Public Comment Procedures 

To ensure that any action resulting 

from this proposed rule will be as 

accurate and as effective as possible, we 

request that you send relevant 

information for our consideration. The 

comments that will be most useful and 

likely to influence our decisions are 

those that you support by quantitative 

information or studies and those that 

include citations to, and analyses of, the 

applicable laws and regulations. Please 

make your comments as specific as 

possible and explain the basis for them. 

In addition, please include sufficient 

information with your comments to 

allow us to authenticate any scientific or 

commercial data you include. 

You must submit your comments and 

materials concerning this proposed rule 

by one of the methods listed above in 

ADDRESSES. We will not accept 

comments sent by email or fax or to an 

address not listed in ADDRESSES. If you 

submit a comment via https://

www.regulations.gov, your entire 

comment—including any personal 

identifying information, such as your 

address, telephone number, or email 

address—will be posted on the website. 

When you submit a comment, the 

system receives it immediately. 

However, the comment will not be 

publicly viewable until we post it, 

which might not occur until several 

days after submission. 

If you mail a hardcopy comment 

directly to us that includes personal 

information, you may request at the top 

of your document that we withhold this 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. All comments and 

materials we receive will be available 

for public inspection via https://

www.regulations.gov. Search for FWS– 

R7–MB–2024–0197, which is the docket 

number for this rulemaking. 

Background 

The Migratory Bird Treaty Act of 1918 

(MBTA, 16 U.S.C. 703 et seq.) was 

enacted to protect migratory birds and 

gives the Secretary of the Interior the 

authority to regulate the harvest of 

certain migratory birds. The law further 

authorizes the Secretary to issue 

regulations to ensure that the 

indigenous inhabitants of the State of 

Alaska may take certain migratory birds 

and collect their eggs for nutritional and 

other essential needs during seasons 

established by the Secretary to provide 

for the preservation and maintenance of 

these migratory birds (16 U.S.C. 712(1)). 

The take of migratory birds for 

subsistence uses in Alaska occurs 

primarily during the spring and 

summer, a timeframe not included in 

the fall and winter general migratory 

game bird hunting regulations for the 

United States. Regulations governing the 

subsistence harvest of migratory birds in 

Alaska are located in title 50 of the Code 

of Federal Regulations (CFR) in part 92. 

These regulations allow for the 

continuation of customary and 

traditional subsistence uses of migratory 

birds and establish when and where the 

harvesting of certain birds in Alaska 

may occur within each subsistence 

region. 

The migratory bird subsistence 

harvest regulations are developed 

cooperatively. The Alaska Migratory 

Bird Co-Management Council (Council 

or AMBCC) consists of the Service, the 

Alaska Department of Fish and Game 

(ADFG), and Alaska Native 

representatives. The Council’s primary 

purpose is to develop recommendations 

pertaining to the subsistence harvest of 

migratory birds. 

The Council generally holds an 

annual spring meeting to review and 

recommend any regulatory changes for 

migratory bird subsistence harvest 

regulations in Alaska. The Council met 

May 22–23, 2024, and recommended 

changes to the subsistence harvest 

regulations intended to take effect 

beginning with the 2025 harvest season. 

The Council’s recommendations were 

presented to the Pacific Flyway Council 

for their review and comment and 

subsequent submission to the Service 

Regulations Committee (SRC) for 

consideration at the SRC meeting on 

November 19, 2024. 

Proposed Revisions to the Regulations 

Under the collaborative process 

described above, this document 

proposes the following revisions to the 

regulations for the taking of certain 

migratory birds for subsistence uses in 

Alaska during the spring and summer. 

Proposed Revision to Subpart A 

In 50 CFR part 92, subpart A (general 

provisions), we propose to correct a 

reference to the United States Code 

(U.S. Code). The current definition for 

Alaska Native in § 92.4 incorrectly 

references 16 U.S.C. 1602(b), which 

refers to section 3(b) of the Alaska 

Native Claims Settlement Act. The 

Alaska Native Claims Settlement Act is 

found in title 43 not title 16 of the U.S. 


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Code. Therefore, the definition needs to 

be corrected to reference 43 U.S.C. 

1602(b). 

Proposed Revisions to Subpart C 

In 50 CFR part 92, subpart C (general 

regulations governing subsistence 

harvest), we propose several changes to 

clarify the language regarding regional 

species closures, remove a species from 

the list of subsistence migratory bird 

species, and update the common and or 

scientific names of three species. 

First, we propose revisions to clarify 

that the list of species open to 

subsistence harvest in § 92.22 may have 

additional region-specific harvest 

restrictions that do not appear in the list 

of subsistence migratory bird species. 

The language in the introductory 

paragraph in § 92.22 states that the only 

exceptions to the species open to 

harvest is a regional closure in 

Southeast Alaska for the harvest of all 

migratory bird species except glaucouswinged gulls for egg harvesting only. 

While this provision was accurate at the 

time the regulation was initially 

promulgated, current regulations 

include other regional species-specific 

harvest restrictions, some of which are 

included in the statewide list of 

subsistence migratory bird species at 

§ 92.22. For example, for tundra swans, 

the regulation at § 92.22(a)(7) states that 

these birds and their eggs may be 

harvested except in Units 9(D) and 10. 

However, some regions in Alaska have 

species-specific harvest restrictions that 

are not listed in the statewide list of 

subsistence migratory bird species and 

are found only in § 92.31 (regionspecific regulations). For example, in 

the Gulf of Alaska region’s Prince 

William Sound Area East 

(§ 92.31(j)(2)(iii)), most non-waterfowl 

species are closed to harvest, but these 

restrictions can be found only in the 

region-specific regulations. Given this 

ambiguity, we propose to revise the 

language in the introductory paragraph 

of § 92.22 to clarify that regional 

species-specific harvest restrictions may 

exist in the region-specific regulations. 

Second, we propose revisions to the 

list of subsistence migratory bird species 

in § 92.22 to reflect the Council’s 

recommendation to close emperor goose 

harvest statewide. In 2016, the Council 

adopted an Emperor Goose Management 

Plan (Plan) to guide regulations for a 

spring-summer subsistence harvest of 

emperor geese and their eggs, which 

were opened to legal harvest in spring 

2017. The Plan was developed in 

conjunction with the revised Pacific 

Flyway Council Management Plan for 

Emperor Geese (2016) that prescribes 

recommendations for the fall-winter 

hunting regulations. The two 

management plans complement each 

other and use the same population 

assessment methods, population 

objectives, and regulatory thresholds in 

their respective harvest strategies. The 

harvest strategy in the Plan uses the 

indicated total bird index (index) from 

the Yukon-Kuskokwim Delta Coastal 

Zone (Coastal Zone) survey that the 

Service conducts to assess population 

status relative to established thresholds. 

The harvest strategy specifies that the 

spring-summer subsistence emperor 

goose season will be open if the Coastal 

Zone index from the previous year is 

greater than 23,000 birds, and harvest 

will be closed if the index is below that 

threshold. If the Coastal Zone index is 

between 23,000 and 28,000 birds, the 

Council will consider implementing 

regulatory or nonregulatory 

conservation measures. The 2024 

Coastal Zone index was 18,788 (95 

percent confidence interval of 16,589– 

20,988) birds, which is below the 

harvest closure threshold of 23,000 

birds. Thus, the Council recommended 

that the 2025 spring-summer 

subsistence season be closed to 

harvesting emperor geese. This 

recommendation was supported by the 

Pacific Flyway Council and the SRC in 

November 2024 and intended for 

implementation beginning with the 

2025 subsistence harvest season. 

Therefore, we propose to remove 

emperor geese from the list of 

subsistence migratory bird species open 

to harvest in § 92.22. 

Third, we propose an update to the 

list of subsistence migratory bird species 

in § 92.22 to incorporate changes in the 

list of birds protected by the MBTA at 

50 CFR 10.13. On July 31, 2023, we 

published in the Federal Register (88 

FR 49310) a revised list of migratory 

birds protected under the MBTA by 

adding or removing species or changing 

species names. Reasons for the changes 

to the list in § 10.13 included revised 

taxonomy and new evidence of natural 

occurrence or absence in the United 

States or U.S. territories. That rule went 

into effect on August 30, 2023. The 

revised list had updated nomenclature 

for three species on the list of 

subsistence migratory bird species at 

§ 92.22. 

Therefore, to be consistent with the 

list in § 10.13, we are proposing to 

change the common and scientific 

names of mew gull and change the 

scientific names for two species of 

cormorants, pelagic and double-crested, 

in § 92.22. The species formerly named 

mew gull has been split into two 

species, the common gull (Larus canus), 

which primarily occurs in Europe and 

Asia, and the short-billed gull (Larus 

brachyrhynchus), which occurs in North 

America. Therefore, we propose to 

replace mew gull (Larus canus) with 

short-billed gull (Larus 

brachyrhynchus). Pelagic and doublecrested cormorants formerly shared the 

genus name Phalacrocorax, but now this 

genus has been split into multiple 

genera. We propose to update the 

scientific names of pelagic cormorant to 

Urile pelagicus and double-crested 

cormorant to Nannopterum auritum. 

Proposed Revisions to Subpart D 

In part 92, subpart D (annual 

regulations governing subsistence 

harvest), we propose to revise the 

regulations in § 92.31 to reflect the 

Council’s recommendation to eliminate 

the permit requirement in the Kodiak 

Island Roaded Area (KIRA) and to 

change the species names for mew gulls. 

In 2021, spring-summer subsistence 

harvesting of migratory birds and eggs 

was opened experimentally for 3 years 

(2021–2023) in the Kodiak Archipelago 

region’s KIRA by registration permit 

with a harvest reporting requirement. 

The Service requested that the Council 

evaluate harvest information from the 

experimental seasons before a season 

could be considered for operational 

status. In October 2023, the SRC 

recommended extending the 

experimental season by 1 year through 

2024 to provide hunting opportunity 

while the Council completed their 

review. An announcement was 

published in the Federal Register on 

May 1, 2024 (89 FR 35010), to inform 

the public of the 1-year extension. 

Following the 2023 subsistence 

season, the Council evaluated the 

harvest data from the experimental 

period. Based on permit report data, the 

Council determined that harvest was 

low during the experimental period; the 

average annual harvest of migratory 

birds and eggs in the KIRA during 2021– 

2023 was 122 birds and 100 eggs. For 

context, the data can be compared to the 

reported harvest from the last survey of 

the Kodiak Archipelago region in 2020. 

Residents in communities of the Kodiak 

Roaded Area subregion (communities 

that occur on the road system but 

hunted outside the KIRA) harvested 

3,812 migratory birds and 2,612 eggs 

during that spring–summer season 

(Naves and Mengak 2023). Assuming 

KIRA permit registrants in 2021–2023 

were residents of the KIRA, and their 

hunt effort was similar to 2020, average 

annual migratory birds and eggs 

harvested during the experimental 

period represented 3 percent of total 

birds (122 of 3,812) and 4 percent of 

total eggs (100 of 2,612) harvested in the 


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subregion. Based on this information, 

the Council concluded that an 

operational spring–summer hunt in the 

KIRA was unlikely to significantly 

increase harvest in the Kodiak 

Archipelago region. 

Participation in the permit hunt was 

low and slightly increased over the 

experimental period, evidenced by 

issued permits: 46 in 2021, 58 in 2022, 

and 64 in 2023. The Council noted that 

the increase in participants over the 

experimental period was minimal, but 

future participation will be difficult to 

measure without a permit requirement. 

However, the Council also recognized 

that a change in participation may be 

indirectly monitored through public 

reports to Tribal organizations, the 

Kodiak City government, local law 

enforcement, ADFG, and the Service. If 

the increase is significant, the Council 

may consider future surveys to assess 

change in hunter participation, and if 

warranted, propose regulatory changes. 

Nonetheless, given the low harvest 

during the experimental season, the 

Council recommended eliminating the 

permit and harvest reporting 

requirement, acknowledging that such 

requirements are not part of customary 

and traditional hunting practices, may 

be a barrier to Indigenous participation, 

and are costly to administer. 

The Council recommended retaining 

the species closures for Aleutian terns, 

Arctic terns, short-billed gulls, and 

emperor geese within the KIRA to 

protect species of conservation concern. 

Aleutian tern nesting colonies have 

declined by more than 80 percent in 

Alaska over the last 20 years, and only 

a few colonies remain on Kodiak Island. 

The largest colonies are within the 

KIRA, and implementing protective 

regulations for this species is a priority 

of the Council. Further, to offer 

additional protection for Aleutian terns, 

the season for Arctic terns and shortbilled gulls, which nest in the same 

areas as Aleutian terns, will remain 

closed to harvest to reduce accidental 

harvest and colony disturbance of 

Aleutian terns. The KIRA will also 

remain closed to emperor geese (when 

emperor geese are open to harvest), a 

species of management concern, given 

that an open season may increase 

harvest for emperor geese along the road 

system. 

On May 22, 2024, the Council 

recommended an amendment to the 

regulations for the Kodiak Archipelago 

region to remove the permit and 

reporting requirements, retain the four 

species closures, and make the season 

operational in the KIRA. This regulatory 

amendment was supported by the 

Pacific Flyway Council and the SRC in 

November 2024 and intended for 

implementation beginning with the 

2025 subsistence season. 

Compliance With the MBTA and the 

Endangered Species Act 

The Service has dual objectives and 

responsibilities for authorizing a 

subsistence harvest while protecting 

migratory birds and threatened species. 

Although these objectives continue to be 

challenging, they are not irreconcilable, 

provided that: (1) Regulations continue 

to protect threatened species, (2) 

measures to address documented threats 

are implemented, and (3) the 

subsistence community and other 

conservation partners commit to 

working together. 

Mortality, sickness, and poisoning 

from lead exposure have been 

documented in many waterfowl species, 

including threatened spectacled eiders 

(Somateria fischeri) and the Alaskabreeding population of Steller’s eiders 

(Polysticta stelleri). While lead shot has 

been banned nationally for waterfowl 

hunting since 1991, Service staff have 

documented the availability of lead shot 

in waterfowl rounds for sale in 

communities on the Yukon-Kuskokwim 

Delta and North Slope. The Service will 

work with partners to increase our 

education, outreach, and enforcement 

efforts to ensure that subsistence 

waterfowl hunting is conducted using 

nontoxic shot. 

Conservation Under the MBTA 

We have monitored subsistence 

harvest for several decades through the 

use of household surveys in the most 

heavily used subsistence harvest areas, 

such as the Yukon-Kuskokwim Delta. 

Based on our monitoring of the 

migratory bird species and populations 

taken for subsistence, we find that this 

proposed rule will provide for the 

preservation and maintenance of 

migratory birds as required by the 

MBTA. Communication and 

coordination with the AMBCC and the 

Pacific Flyway Council have aided in 

the establishment of hunting regulations 

to ensure the long-term viability of the 

migratory birds exposed to harvest. 

Endangered Species Act Consideration 

Spectacled eiders and the Alaskabreeding population of Steller’s eiders 

are listed as threatened species under 

the Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.). 

Their migration and breeding 

distribution overlap with areas where 

the spring and summer subsistence 

migratory bird harvest is open in 

Alaska. Neither species is included in 

the list of subsistence migratory bird 

species at § 92.22; therefore, both 

species are closed to subsistence 

harvest. Under §§ 92.21 and 92.32, the 

Service may implement emergency 

closures, if necessary, to protect Steller’s 

eiders or any other endangered or 

threatened species or migratory bird 

population. 

Section 7 of the ESA requires the 

Secretary of the Interior to review other 

programs administered by the 

Department of the Interior and utilize 

such programs in furtherance of the 

purposes of the ESA. The Secretary is 

further required to ensure that any 

action authorized, funded, or carried out 

by the Department of the Interior is not 

likely to jeopardize the continued 

existence of any endangered species or 

threatened species or result in the 

destruction or adverse modification of 

critical habitat. 

The Service’s Alaska Region 

Migratory Bird Management Program 

will conduct an intra-agency 

consultation with the Service’s Northern 

Alaska Fish and Wildlife Field Office on 

this proposed rule. A biological opinion 

will be updated based on new 

information to ensure this proposed 

rulemaking action is not likely to 

jeopardize the continued existence of 

endangered or threatened species or 

result in the destruction or adverse 

modification of designated critical 

habitat. Therefore, we expect that this 

proposed rule will comply with the 

ESA. 

Comment Period 

Implementation of the Service’s 2013 

supplemental environmental impact 

statement (SEIS) on the hunting of 

migratory birds resulted in changes to 

the overall timing of the annual 

regulatory schedule for the 

establishment of migratory bird hunting 

regulations and the Alaska migratory 

bird subsistence harvest regulations. 

The programmatic document, ‘‘Second 

Final Supplemental Environmental 

Impact Statement: Issuance of Annual 

Regulations Permitting the Hunting of 

Migratory Birds (SEIS 20130139),’’ filed 

with the Environmental Protection 

Agency on May 24, 2013, addressed 

compliance with the National 

Environmental Policy Act by the Service 

for issuance of the annual framework 

regulations for hunting of migratory 

game bird species. We published a 

notice of availability of the SEIS in the 

Federal Register on May 31, 2013 (78 

FR 32686), and our Record of Decision 

on July 26, 2013 (78 FR 45376). 

The 2013 SEIS resulted in the Service 

moving the annual summer-fall SRC 

meeting from July to October or 

November, and this procedural change 


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has greatly shortened the period to 

publish the proposed subsistence 

harvest regulations and solicit 

comments before subsistence harvest 

seasons start on April 2 each year. Thus, 

we have established a 30-day comment 

period for this proposed rule (see DATES, 

above), and we will be conducting 

Tribal consultations within Alaska 

simultaneously. We believe a 30-day 

comment period gives the public 

adequate time to provide meaningful 

comments. 

Required Determinations 

Regulatory Planning and Review 

(Executive Orders 12866, 13563, and 

14094) 

Executive Order (E.O.) 14094 amends 

and reaffirms the principles of E.O. 

12866 and E.O. 13563 and states that 

regulatory analysis should facilitate 

agency efforts to develop regulations 

that serve the public interest, advance 

statutory objectives, and are consistent 

with E.O. 12866 and 13563. Regulatory 

analysis, as practicable and appropriate, 

shall recognize distributive impacts and 

equity, to the extent permitted by law. 

Executive Order 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this proposed rule in a manner 

consistent with these requirements. 

Executive Order 12866, as reaffirmed 

by E.O. 13563 and E.O. 14094, provides 

that the Office of Information and 

Regulatory Affairs (OIRA) will review 

all significant rules. OIRA has 

determined that this proposed rule is 

not significant. 

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 


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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 AleutianPribilof Islands and the Kodiak 

Archipelago, 2020. Alaska Department of 

Fish and Game Division of Subsistence, 

Technical Paper No. 493, Anchorage. 

List of Subjects in 50 CFR Part 92 

Hunting, Treaties, Wildlife. 

Proposed Regulation Promulgation 

For the reasons set out in the 

preamble, we propose to amend 50 CFR 

part 92 as set forth below: 

PART 92—MIGRATORY BIRD 

SUBSISTENCE HARVEST IN ALASKA 

■ 1. The authority citation for part 92 

continues to read as follows: 

Authority: 16 U.S.C. 703–712. 

■ 2. Amend § 92.4 by revising the 

definition of ‘‘Alaska Native’’ to read as 

follows: 

§ 92.4 Definitions. 

* * * * * 

Alaska Native means the same as 

‘‘Native,’’ defined in section 3(b) of the 

Alaska Native Claims Settlement Act, 43 

U.S.C. 1602(b). 

* * * * * 

■ 3. Amend § 92.22 by: 

■ a. Revising the introductory text; 

■ b. Removing paragraph (a)(1); 

■ c. Redesignating paragraphs (a)(2) 

through (33) as paragraphs (a)(1) 

through (32); and 

■ d. Revising paragraphs (i)(6) and (l)(1) 

and (2). 

The revisions read as follows: 

§ 92.22 Subsistence migratory bird 

species. 

You may harvest birds or gather eggs 

from the following species, listed in 

taxonomic order, within all included 

areas except where region-specific 

harvest restrictions apply as set forth in 

§ 92.31. When birds are listed at the 

species level, all subspecies existing in 

Alaska are also open to harvest. All bird 

species not listed are closed to 

harvesting and egg gathering. 

* * * * * 

(i) * * * 

(6) Short-billed Gull (Larus 

brachyrhynchus). 

* * * * * 

(l) * * * 

(1) Double-crested Cormorant 

(Nannopterum auritum). 

(2) Pelagic Cormorant (Urile 

pelagicus). 

* * * * * 

■ 4. Amend § 92.31 by revising the 

introductory text of paragraph (e) to 

read as follows: 

§ 92.31 Region-specific regulations. 

* * * * * 

(e) Kodiak Archipelago region. No 

hunting or egg gathering for Arctic terns, 

Aleutian terns, short-billed gulls, and 

emperor geese is allowed in the Kodiak 

Island Roaded Area. The Kodiak Island 

Roaded Area consists of that portion of 

Kodiak Island (including exposed 

tidelands) south of a line from 

Termination Point along the north side 

of Cascade Lake to Anton Larsen Bay 

and east of a line from Crag Point to the 

west end of Saltery Cove. Marine waters 

adjacent to the Kodiak Island Roaded 

Area within 500 feet from the water’s 

edge are included in the Kodiak Island 

Roaded Area. The Kodiak Island Roaded 

Area does not include islands offshore 

of Kodiak Island. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2025–00512 Filed 1–17–25; 8:45 am] 

BILLING CODE 4333–15–P 


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