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Federal Register/Vol. 79, No. 67/Tuesday, April 8, 2014/Rules and Regulations

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Federal Register/Vol. 79, No. 67/Tuesday, April 8, 2014/Rules and Regulations 19454 Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR How do I find the history of these proposed rule that provided our regulations? proposed migratory bird subsistence Fish and Wildlife Service Background information, including harvest regulations in Alaska for the past events leading to this rulemaking, 2014 season. 50 CFR Part 92 accomplishments since the Migratory Who is eligible to hunt under these [Docket No. FWS–R7–MB–2013–0109; Bird Treaties with Canada and Mexico regulations? were amended, and a history, was [FF09M21200–123–FXMB1231099BPP0L2] Eligibility to harvest under the originally addressed in the Federal regulations established in 2003 was Register on August 16, 2002 (67 FR RIN 1018–BA02 limited to permanent residents, 53511) and most recently on February regardless of race, in villages located Migratory Bird Subsistence Harvest in 21, 2013 (78 FR 11988). Alaska; Harvest Regulations for Recent Federal Register documents, within the Alaska Peninsula, Kodiak Migratory Birds in Alaska During the which are all final rules setting forth the Archipelago, the Aleutian Islands, and 2014 Season annual harvest regulations, are available in areas north and west of the Alaska at http://alaska.fws.gov/ambcc/ Range (50 CFR 92.5). These geographical AGENCY: Fish and Wildlife Service, regulations.htm or by contacting the restrictions opened the initial migratory bird subsistence harvest to about 13 Interior. person listed under FOR FURTHER percent of Alaska residents. High- ACTION: Final rule. INFORMATION CONTACT. populated, roaded areas such as SUMMARY: The U.S. Fish and Wildlife What is the process for issuing Anchorage, the Matanuska-Susitna and Service (Service or we) is establishing regulations for the subsistence harvest Fairbanks North Star boroughs, the migratory bird subsistence harvest of migratory birds in Alaska? Kenai Peninsula roaded area, the Gulf of regulations in Alaska for the 2014 The U.S. Fish and Wildlife Service Alaska roaded area, and Southeast season. These regulations allow for the (Service or we) is establishing migratory Alaska were excluded from eligible continuation of customary and bird subsistence harvest regulations in subsistence harvest areas. traditional subsistence uses of migratory Alaska for the 2014 season. These Based on petitions requesting birds in Alaska and prescribe regional regulations allow for the continuation of inclusion in the harvest, in 2004, we information on when and where the customary and traditional subsistence added 13 additional communities based harvesting of birds may occur. These uses of migratory birds in Alaska and on criteria set forth in 50 CFR 92.5(c). regulations were developed under a co- prescribe regional information on when These communities were Gulkana, management process involving the and where the harvesting of birds may Gakona, Tazlina, Copper Center, Service, the Alaska Department of Fish occur. These regulations were Mentasta Lake, Chitina, Chistochina, and Game, and Alaska Native developed under a co-management Tatitlek, Chenega, Port Graham, representatives. The rulemaking is process involving the Service, the Nanwalek, Tyonek, and Hoonah, with a necessary because the regulations Alaska Department of Fish and Game, combined population of 2,766. In 2005, governing the subsistence harvest of and Alaska Native representatives. we added three additional communities migratory birds in Alaska are subject to We opened the process to establish for glaucous-winged gull egg gathering annual review. This rulemaking regulations for the 2014 spring and only, based on petitions requesting establishes region-specific regulations summer subsistence harvest of inclusion. These southeastern that go into effect on April 8, 2014, and migratory birds in Alaska in a proposed communities were Craig, Hydaburg, and expire on August 31, 2014. rule published in the Federal Register Yakutat, with a combined population of DATES: The amendments to subpart A of on April 9, 2013 (78 FR 21200), to 2,459, based on the latest census 50 CFR part 92 are effective May 8, amend 50 CFR part 20. While that information at that time. 2014, and the amendments to subpart D proposed rule primarily addressed the In 2007, we enacted the Alaska of 50 CFR part 92 are effective April 8, regulatory process for hunting migratory Department of Fish and Game’s request 2014, through August 31, 2014. birds for all purposes throughout the to expand the Fairbanks North Star United States, we also discussed the Borough excluded area to include the FOR FURTHER INFORMATION CONTACT: background and history of Alaska Central Interior area. This action Donna Dewhurst, U.S. Fish and Wildlife subsistence regulations, explained the excluded the following communities Service, 1011 E. Tudor Road, Mail Stop annual process for their establishment, from participation in this harvest: Big 201, Anchorage, AK 99503; (907) 786– and requested proposals for the 2014 Delta/Fort Greely, Healy, McKinley 3499. season. The rulemaking processes for Park/Village, and Ferry, with a SUPPLEMENTARY INFORMATION: both types of migratory bird harvest are combined population of 2,812. Why is this rulemaking necessary? related, and the April 9, 2013, proposed In 2012, we received a request from rule explained the connection between the Native Village of Eyak to include This rulemaking is necessary because, the two. Cordova, Alaska, for a limited season by law, the migratory bird harvest The Alaska Migratory Bird Co- that would legalize the traditional season is closed unless opened by the management Council (Co-management gathering of gull eggs and the hunting of Secretary of the Interior, and the Council) held meetings on April 3–4, waterfowl during spring. regulations governing subsistence 2013, to develop recommendations for What is different in the region-specific harvest of migratory birds in Alaska are changes that would take effect during regulations for 2014? subject to public review and annual the 2014 harvest season. These approval. This rule establishes recommendations were presented first In 2011, we received a request by the regulations for the taking of migratory to the Pacific Flyway Council and then Fairbanks Native Association asking birds for subsistence uses in Alaska to the Service Regulations Committee that regulations be developed to allow during the spring and summer of 2014. (SRC) at the committee’s meeting on residents who live in excluded areas be This rule also sets forth a list of July 23–25, 2013. able to participate in the spring/summer migratory bird season openings and On December 11, 2013, we published subsistence migratory bird harvest. This closures in Alaska by region. in the Federal Register (78 FR 75321) a would permit tribal members currently VerDate Mar<15>2010 18:11 Apr 07, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\08APR2.SGM 08APR2 emcdonald on DSK67QTVN1PROD with RULES2 Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Rules and Regulations 19455 living in excluded areas to openly and conducted only by residents of included known to breed and migrate there. traditionally continue their Native areas. The SRC approved inclusion of These regulations are designed to hunting practices and provide for the Cordova at their meeting on July 25, address several ongoing eider cultural and traditional needs for 2013, and this addition is set forth in management needs by clarifying for spring/summer waterfowl. This this final rule at 50 CFR 92.31(j)(2). subsistence users that (1) Service law proposal request was tabled by the Co- enforcement personnel have authority to How will the service ensure that the management Council until exact verify species of birds possessed by subsistence harvest will not raise wording could be worked out. Language hunters, and (2) it is illegal to possess overall migratory bird harvest or was subsequently proposed to amend 50 any species of bird closed to harvest. threaten the conservation of CFR 92.5, Subpart D, and recommended This rule also describes how the endangered and threatened species? for passage by the Co-management Service’s existing authority of Council at their April 2013 meeting. We have monitored subsistence emergency closure will be implemented, Upon legal review by the Department harvest for the past 25 years through the if necessary, to protect Steller’s eiders. of the Interior’s Office of the Solicitor use of household surveys in the most We are always willing to discuss and the Service’s Law Enforcement heavily used subsistence harvest areas, regulations with our partners on the Division, the language was amended by such as the Yukon-Kuskokwim Delta. In North Slope to ensure protection of the Service working with the Co- recent years, more intensive surveys closed species as well as provide management Council’s Invitation combined with outreach efforts focused subsistence hunters an opportunity to Subcommittee. The primary legal on species identification have been harvest migratory birds in a way that concerns were deviations from the added to improve the accuracy of maintains the culture and traditional language in the Letter of Submittal for information gathered from regions still harvest of the community. The the Protocol Amendment to the reporting some subsistence harvest of regulations pertaining to bag checks and Migratory Bird Treaty Act de- listed or candidate species. possession of illegal birds are deemed emphasizing that the purpose of Spectacled
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