[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Proposed Rules]
[Pages 65599-65605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27016]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[Docket No. FWS-R9-MB-2010-0082; 91200-1231-9BPP-L2]
RIN 1018-AX30


Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations 
for Migratory Birds in Alaska During the 2011 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes 
migratory bird subsistence harvest regulations in Alaska for the 2011 
season. These regulations will enable the continuation of customary and 
traditional subsistence uses of migratory birds in Alaska and prescribe 
regional information on when and where the harvesting of birds may 
occur. These regulations were developed under a co-management process 
involving the Service, the Alaska Department of Fish and Game, and 
Alaska Native representatives. The rulemaking is necessary because the 
regulations governing the subsistence harvest of migratory birds in 
Alaska are subject to annual review. This rulemaking proposes region-
specific regulations that go into effect on April 2, 2011, and expire 
on August 31, 2011.

DATES: We will accept comments received or postmarked on or before 
December 27, 2010. We must receive requests for public hearings, in 
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by 
December 10, 2010.

ADDRESSES: You may submit comments by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R9-
MB-2010-0082.
    <bullet> U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R9-MB-2010-0082; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all comments on http:/
/

[[Page 65600]]

www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comment Procedures 
section below for more information).

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:

Public Comment Procedures

    To ensure that any final 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 the ADDRESSES 
section. We will not accept comments sent by e-mail or fax or to an 
address not listed in ADDRESSES. If you submit a comment via http://www.regulations.gov, your entire comment--including any personal 
identifying information, such as your address, telephone number, or e-
mail address--will be posted on the Web site. Please note that comments 
submitted to this Web site are not immediately viewable. 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 or hand-carry 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. To ensure that the 
electronic docket for this rulemaking is complete and all comments we 
receive are publicly available, we will post all hardcopy comments on 
http://www.regulations.gov.
    In addition, comments and materials we receive, as well as 
supporting documentation used in preparing this proposed rule, will be 
available for public inspection in two ways:
    (1) You can view them on http://www.regulations.gov. In the Enter 
Keyword or ID box, enter FWS-R9-MB-2010-0082, which is the docket 
number for this rulemaking.
    (2) You can make an appointment, during normal business hours, to 
view the comments and materials in person at the Division of Migratory 
Bird Management, U.S. Fish and Wildlife Service; 4501 N. Fairfax Drive, 
Room 4107, Arlington, VA 22203-1610.

Public Availability of Comments

    As stated above in more detail, before including your address, 
phone number, e-mail address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Why is this rulemaking necessary?

    This rulemaking is necessary because, by law, the migratory bird 
harvest season is closed unless opened by the Secretary of the 
Interior, and the regulations governing subsistence harvest of 
migratory birds in Alaska are subject to public review and annual 
approval. This rule proposes regulations for the taking of migratory 
birds for subsistence uses in Alaska during the spring and summer of 
2011. This rule proposes a list of migratory bird season openings and 
closures in Alaska by region.

How do I find the history of these regulations?

    Background information, including past events leading to this 
rulemaking, accomplishments since the Migratory Bird Treaties with 
Canada and Mexico were amended, and a history addressing conservation 
issues can be found in the following Federal Register documents:

------------------------------------------------------------------------
                   Date                       Federal Register Citation
------------------------------------------------------------------------
August 16, 2002...........................  67 FR 53511
July 21, 2003.............................  68 FR 43010
April 2, 2004.............................  69 FR 17318
April 8, 2005.............................  70 FR 18244
February 28, 2006.........................  71 FR 10404
April 11, 2007............................  72 FR 18318
March 14, 2008............................  73 FR 13788
May 19, 2009..............................  74 FR 23336
April 13, 2010............................  75 FR 18764
------------------------------------------------------------------------

These documents, which are all final rules setting forth the annual 
harvest regulations, are available at http://alaska.fws.gov/ambcc/regulations.htm.

What is the process for issuing regulations for the subsistence harvest 
of migratory birds in Alaska?

    The U.S. Fish and Wildlife Service (Service or we) proposes 
migratory bird subsistence harvest regulations in Alaska for the 2011 
season. These regulations enable the continuation of customary and 
traditional subsistence uses of migratory birds in Alaska and prescribe 
regional information on when and where the harvesting of birds may 
occur. These regulations were developed under a co-management process 
involving the Service, the Alaska Department of Fish and Game, and 
Alaska Native representatives.
    We opened the process to establish regulations for the 2011 spring 
and summer subsistence harvest of migratory birds in Alaska in a 
proposed rule published in the Federal Register on June 10, 2010 (75 FR 
32872). While that proposed rule dealt primarily with the regulatory 
process for hunting migratory birds for all purposes throughout the 
United States, we also discussed the background and history of Alaska 
subsistence regulations, explained the annual process for their 
establishment, and requested proposals for the 2011 season. The 
rulemaking processes for both types of migratory bird harvest are 
related, and the June 10, 2010 proposed rule explained the connection 
between the two.
    The Alaska Migratory Bird Co-management Council (Co-management 
Council) held a meeting in April 2010 to develop recommendations for 
changes that would take effect during the 2011 harvest season. These 
recommendations were presented first to the Flyway Councils and then to 
the Service Regulations Committee at the committee's meeting on July 28 
and 29, 2010.

Who is eligible to hunt under these regulations?

    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 about 13 percent of Alaska residents. High 
populated areas such as Anchorage, the Matanuska-Susitna and Fairbanks 
North Star boroughs, the Kenai Peninsula roaded area, the Gulf of 
Alaska roaded area, and Southeast

[[Page 65601]]

Alaska were excluded from eligible subsistence harvest areas.
    Based on petitions requesting inclusion in the harvest, in 2004, we 
added 13 additional communities based on criteria set forth in 50 CFR 
92.5(c). These communities were Gulkana, Gakona, Tazlina, Copper 
Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port 
Graham, Nanwalek, Tyonek, and Hoonah, with a combined population of 
2,766. In 2005, we added three additional communities for glaucous-
winged gull egg gathering only, based on petitions requesting 
inclusion. These southeastern communities were Craig, Hydaburg, and 
Yakutat, with a combined population of 2,459.
    In 2007, we enacted the Alaska Department of Fish and Game's 
request to expand the Fairbanks North Star Borough excluded area to 
include the Central Interior area. This action excluded the following 
communities from participation in this harvest: Big Delta/Fort Greely, 
Healy, McKinley Park/Village, and Ferry, with a combined population of 
2,812. These removed communities reduced the percentage of the State 
population included in the subsistence harvest to 13 percent.

How will the service ensure that the subsistence harvest will not raise 
overall migratory bird harvest or threaten the conservation of 
endangered and threatened species?

    We have monitored subsistence harvest for the past 25 years through 
the use of annual household surveys in the most heavily used 
subsistence harvest areas, such as the Yukon-Kuskokwim Delta. In recent 
years, more intensive surveys combined with outreach efforts focused on 
species identification have been added to improve the accuracy of 
information gathered from regions still reporting some subsistence 
harvest of listed or candidate species.

Spectacled and Steller's Eiders

    Spectacled eiders (Somateria fischeri) and the Alaska-breeding 
population of Steller's eiders (Polysticta stelleri) are listed as 
threatened species; their migration and breeding distribution overlap 
with where the spring and summer subsistence migratory bird hunt is 
open in Alaska. Both species are closed to hunting, although harvest 
surveys and Service documentation indicate both species have been taken 
in several regions of Alaska.
    The Service has dual goals and responsibilities for authorizing a 
subsistence harvest while protecting migratory birds and threatened 
species. Although these goals continue to be challenging, they are not 
irreconcilable, providing sufficient recognition is given to the need 
to protect threatened species, measures to remedy documented threats 
are implemented, and the subsistence community and other conservation 
partners commit to working together. With these dual goals in mind, the 
Service, working with partners, developed measures in 2009 to further 
reduce the potential for shooting mortality or injury of closed 
species. These conservation measures included: (1) Increased waterfowl 
hunter outreach and community awareness partnering with the North Slope 
Migratory Bird Task Force; (2) continued enforcement of the migratory 
bird regulations that are protective of listed eiders; and (3) in-
season Service verification of the harvest to detect Steller's eider 
mortality.
    This proposed rule continues to focus on the North Slope from 
Barrow through Point Hope because Steller's eiders from the listed 
Alaska breeding population, are known to breed and migrate there. The 
proposed regulations address several ongoing eider management needs by 
continuing to restrict hunting to times of day with sufficient daylight 
to improve a hunter's ability to distinguish between species and 
minimize shooting species closed for harvest; clarifying for 
subsistence users that Service law enforcement personnel have authority 
to verify species of birds possessed by hunters; clarifying that it is 
illegal to possess any bird closed to harvest; and describing how the 
Service's existing authority of emergency closure would be implemented, 
if necessary, to protect Steller's eiders. These proposed regulations, 
implemented in accordance with the Endangered Species Act consultation, 
are considered the principal means by which the threat from shooting 
mortality of threatened eiders will be reduced. In addition, the 
emergency closure authority provides another level of assurance if an 
unexpected amount of Steller's eider shooting mortality occurs (50 CFR 
92.21 and 50 CFR 92.32).
    In-season harvest monitoring information will be used to 
independently evaluate harvest survey reports, as well as evaluate the 
efficacy of regulations, conservation measures, and outreach efforts. 
On the North Slope in 2009 and 2010, no Steller's eider harvest was 
reported, and no Steller's eiders were found shot during in-season 
verification of the subsistence harvest. However, 2009 was a non-
nesting year for Steller's eiders on the North Slope, and in 2010, only 
one active nest was found in the Barrow area. Based on these relative 
successes, the Service will continue the same regulations for the 2011 
season. The 2010 conservation measures will also be continued, although 
there will be some modification of the amount of effort and emphasis 
each will receive. Specifically, as local communities develop greater 
responsibility for taking actions to ensure Steller's and spectacled 
eider conservation and recovery, and hunters demonstrate greater 
compliance with hunting regulations, the Service's Office of Law 
Enforcement plans to continue to monitor the threat of unlawful harvest 
of eiders on the North Slope and maintain a presence in Barrow as 
needed.
    The longstanding general emergency closure provision at 50 CFR 
92.21 specifies that the harvest may be closed or temporarily suspended 
upon finding that a continuation of the regulation allowing the harvest 
would pose an imminent threat to the conservation of any migratory bird 
population. With regard to Steller's eiders, the regulation at 50 CFR 
92.32, carried over from the past two years, would clarify that we will 
take action under 50 CFR 92.21 as is necessary to prevent further take 
of Steller's eiders, and that action could include temporary or long-
term closures of the harvest in all or a portion of the geographic area 
open to harvest. If mortality of threatened eiders occurs, we will 
evaluate each mortality event by criteria such as cause, quantity, sex, 
age, location, and date. We will consult with the Co-management Council 
when we are considering an emergency closure. If we determine that an 
emergency closure is necessary, we will design it to minimize its 
impact on the subsistence harvest.

Yellow-Billed Loon and Kittlitz's Murrelet

    Yellow-billed loon (Gavia adamsii) and Kittlitz's murrelet 
(Brachyramphus brevirostris) are listed as candidate species for 
listing under the Endangered Species Act of 1973, as emended (16 U.S.C. 
1531 et seq.). Their migration and breeding distribution overlaps with 
where the spring and summer migratory bird hunt is open in Alaska. Both 
species are closed to hunting, and there is no evidence Kittlitz's 
murrelets are harvested. On the other hand, harvest surveys have 
indicated that harvest of yellow-billed loons on the North Slope and 
St. Lawrence Island does occur. Most of the yellow-billed loons 
reported harvested on the North Slope were found to be entangled loons 
salvaged from subsistence fishing nets as described below. The Service 
will

[[Page 65602]]

continue outreach efforts in both areas in 2011, engaging partners to 
improve harvest estimates and decrease take of yellow-billed loons.
    Consistent with the request of the North Slope Borough Fish and 
Game Management Committee and the recommendation of the Co-management 
Council, this proposed rule would continue into 2011 the provisions 
originally established in 2005 to allow subsistence use of yellow-
billed loons (Gavia adamsii) inadvertently entangled 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 2011 under this provision. This provision does not 
authorize intentional harvest of yellow-billed loons, but allows use of 
those loons inadvertently entangled during normal subsistence fishing 
activities. Service support of this proposal is contingent upon the 
North Slope Region representative collaborating with the Service and 
Co-management Council to design and implement a scientifically 
defensible survey to estimate entanglement of yellow-billed loons by 
North Slope subsistence fishers starting in 2011. Additional 
information is needed relative to species and number entangled in 
subsistence nets, distribution of harvest across the North Slope 
Region, age of birds entangled (adult vs. young-of-year), and time of 
harvest. These data will allow the Service to better assess the 
potential effects of harvest on this species. Currently, individual 
reporting to the North Slope Borough Department of Wildlife is required 
by the end of each season. In 2009, two yellow-billed loons were 
reported entangled and found dead in fishing nets, while two others 
were released from fishing nets by the North Slope Borough staff.

Endangered Species Act Consideration

    Prior to issuance of annual spring and summer subsistence 
regulations, we will consult under section 7 of the Endangered Species 
Act of 1973, as amended (Act), to ensure that the 2011 subsistence 
harvest is not likely to jeopardize the continued existence of any 
species designated as endangered or threatened, or modify or destroy 
its critical habitats, and that the regulations are consistent with 
conservation programs for those species. Consultation under section 7 
of the Act for the annual subsistence take regulations may cause us to 
change these regulations. Our biological opinion resulting from the 
section 7 consultation is a public document available from either 
person listed under FOR FURTHER INFORMATION CONTACT.

What is different in the region-specific regulations for 2011?

    We are proposing no changes from the 2010 region-specific 
regulations.

Statutory Authority

    We derive our authority to issue these regulations from the 
Migratory Bird Treaty Act of 1918, 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.''

Required Determinations

Regulatory Planning and Review (Executive Order 12866)

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this rule under Executive 
Order 12866 (E.O. 12866). OMB bases its determination upon the 
following four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this 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.). 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.

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

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. This rule:
    (a) 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) 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) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to

[[Page 65603]]

compete with foreign-based 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 under the Unfunded Mandates Reform 
Act (2 U.S.C. 1501 et seq.) that this rule will not impose a cost of 
$100 million or more in any given year on local, State, or tribal 
governments or private entities. The rule does not have a significant 
or unique effect on State, local, or tribal governments or the private 
sector. A statement containing the information required by the Unfunded 
Mandates Reform Act is not required. Participation on regional 
management bodies and the Co-management 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 a Notice of 
Decision (65 FR 16405; March 28, 2000), we identified 12 partner 
organizations (Alaska Native nonprofits and local governments) to 
administer the regional programs. The Alaska Department of Fish and 
Game will also incur expenses for travel to Co-management Council and 
regional management body meetings. In addition, the State of Alaska 
will be required to provide technical staff support to each of the 
regional management bodies and to the Co-management Council. Expenses 
for the State's involvement may exceed $100,000 per year, but should 
not exceed $150,000 per year. When funding permits, we make annual 
grant agreements available to the partner organizations and the Alaska 
Department of Fish and Game to help offset their expenses.

Takings (Executive Order 12630)

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications. This rule is not specific to 
particular land ownership, but applies to the harvesting of migratory 
bird resources throughout Alaska. A takings implication assessment is 
not required.

Federalism (Executive Order 13132)

    Under the criteria in Executive Order 13132, this rule does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. We discuss effects of this rule on the State of 
Alaska in the Unfunded Mandates Reform Act section above. We worked 
with the State of Alaska to develop these regulations. Therefore, a 
Federalism Assessment is not required.

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.

Government-to-Government Relations With Native American Tribal 
Governments

    Because eligibility to hunt under these regulations is not limited 
to tribal members, but rather extends to all indigenous inhabitants of 
the subsistence harvest areas, we are not required to engage in formal 
consultation with tribes. However, in keeping with the spirit of 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 
conducted meetings with the affected tribes and tribal nonprofit 
organizations to discuss the changes in the regulations and determine 
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 indigenous 
inhabitants including tribal members.
    In 1998, we began a public involvement process to determine how to 
structure management bodies in order to provide the most effective and 
efficient involvement of subsistence users. We began by publishing in 
the Federal Register stating that we intended to establish management 
bodies to implement the spring and summer subsistence harvest (63 FR 
49707, September 17, 1998). We held meetings with the Alaska Department 
of Fish and Game and the Native Migratory Bird Working Group to provide 
information regarding the amended treaties and to listen to the needs 
of subsistence users. The Native Migratory Bird Working Group was a 
consortium of Alaska Natives formed by the Rural Alaska Community 
Action Program to represent Alaska Native subsistence hunters of 
migratory birds during the treaty negotiations. We held forums in Nome, 
Kotzebue, Fort Yukon, Allakaket, Naknek, Bethel, Dillingham, Barrow, 
and Copper Center. We led additional briefings and discussions at the 
annual meeting of the Association of Village Council Presidents in 
Hooper Bay and for the Central Council of Tlingit & Haida Indian Tribes 
in Juneau.
    On March 28, 2000, we published in the Federal Register (65 FR 
16405) a Notice of Decision entitled, ``Establishment of Management 
Bodies in Alaska To Develop Recommendations Related to the Spring/
Summer Subsistence Harvest of Migratory Birds.'' This notice described 
the way in which management bodies would be established and organized. 
Based on the wide range of views expressed on the options document, the 
decision incorporated key aspects of two of the modules. The decision 
established one Statewide management body consisting of 1 Federal 
member, 1 State member, and 7-12 Alaska Native members, with all 
components serving as equals.

Paperwork Reduction Act

    This rule has been examined under the Paperwork Reduction Act of 
1995 and does not contain any new collections of information that 
require Office of Management and Budget approval. OMB has approved our 
collection of information associated with the voluntary annual 
household surveys used to determine levels of subsistence take. The OMB 
control number is 1018-0124, which expires April 30, 2013. 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.

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 2011 Spring/Summer Harvest,'' 
October 18, 2010. Copies are available from the person listed under FOR 
FURTHER INFORMATION CONTACT or at http://www.regulations.gov.

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

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This is not a 
significant regulatory action under this Executive Order; it would 
allow only for traditional subsistence harvest and would improve 
conservation of migratory birds by allowing effective

[[Page 65604]]

regulation of this harvest. Further, this rule is not expected to 
significantly affect energy supplies, distribution, or use. Therefore, 
this action is not a significant energy action under Executive Order 
13211, and no Statement of Energy Effects is required.

List of Subjects in 50 CFR Part 92

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Subsistence, Treaties, Wildlife.
    For the reasons set out in the preamble, we propose to amend title 
50, chapter I, subchapter G, of the Code of Federal Regulations as 
follows:

PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA

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

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

Subpart D--Annual Regulations Governing Subsistence Harvest

    2. In subpart D, add Sec.  92.31 to read as follows:


Sec.  92.31  Region-specific regulations.

    The 2011 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.
    (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, which is closed to the harvesting of migratory birds and their 
eggs. The closed area consists of all lands and waters (including 
exposed tidelands) east of a line extending from Crag Point in the 
north to the west end of Saltery Cove in the south and all lands and 
water south of a line extending from Termination Point along the north 
side of Cascade Lake extending to Anton Larson Bay. Waters adjacent to 
the closed area are closed to harvest within 500 feet from the water's 
edge. The offshore islands are open to harvest.
    (1) Season: April 2-June 30 and July 31-August 31 for seabirds; 
April 2-June 20 and July 22-August 31 for all other birds.
    (2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all 
other birds.
    (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 May 20-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[deg]30' W and 
south of the latitude line 70[deg]45' N to the west bank of the 
Ikpikpuk River, and everything south of the latitude line 69[deg]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.
    (iii) Special Black Brant Hunting Opening: From June 20-July 5. The 
open area would consist of the coastline, from mean high water line 
outward to include open water, from Nokotlek Point east to longitude 
line 158[deg]30' W. This includes Peard Bay, Kugrua Bay, and Wainwright 
Inlet, but not the Kuk and Kugrua river drainages.
    (2) Northern Unit (At Peard Bay, everything east of the longitude 
line 158[deg]30' W and north of the latitude line 70[deg]45' N to west 
bank of the Ikpikpuk River, and everything north of the latitude line 
69[deg]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; 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 inadvertently entangled in 
subsistence fishing nets in the North Slope Region and kept for 
subsistence use.
    (5) North Coastal Zone (Cape Thompson north to Point Hope and east 
along the Arctic Ocean coastline around Point Barrow to Ross Point, 
including Iko Bay, and 5 miles inland).
    (i) Migratory bird hunting is permitted from one-half hour before 
sunrise until sunset, during August.
    (ii) No person may at any time, by any means, or in any manner, 
possess or have in custody any migratory bird or part thereof, taken in 
violation of subpart C and D of this part.
    (iii) Upon request from a Service law enforcement officer, hunters 
taking,

[[Page 65605]]

attempting to take, or transporting migratory birds taken during the 
subsistence harvest season must present them to the officer for species 
identification.
    (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 Region (Harvest Area: 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(a)).
    (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 Point 
Riou), and coastal lands and islands bordering the Gulf of Alaska from 
Point Manby southeast to Dry Bay).
    (i) Season: glaucous-winged gull egg gathering: May 15-June 30.
    (ii) Closure: July 1-August 31.
    3. In subpart D, add Sec.  92.32 to read as follows:


Sec.  92.32  Emergency regulations to protect Steller's eiders.

    Upon finding that continuation of these subsistence regulations 
would pose an imminent threat to the conservation of threatened 
Steller's eiders (Polysticta stelleri), the U.S. Fish and Wildlife 
Service Alaska Regional Director, in consultation with the Co-
management Council, will immediately under Sec.  92.21 take action as 
is necessary to prevent further take. Regulation changes implemented 
could range from a temporary closure of duck hunting in a small 
geographic area to large-scale regional or State-wide long-term 
closures of all subsistence migratory bird hunting. These closures or 
temporary suspensions will remain in effect until the Regional 
Director, in consultation with the Co-management Council, determines 
that the potential for additional Steller's eiders to be taken no 
longer exists.

    Dated: October 7, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-27016 Filed 10-25-10; 8:45 am]
BILLING CODE 4310-55-P