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submit an electronic comment, EPA DEPARTMENT OF THE INTERIOR Dewhurst, (907) 786-3499, U.S. Fish and recommends that you include your Wildlife Service, 1011 E. Tudor Road, name and other contact information in Fish and Wildlife Service Mail Stop 201, Anchorage, AK 99503. the body of your comment and with any SUPPLEMENTARY INFORMATION: disk or CD–ROM you submit. If EPA 50 CFR Part 92 Public Comment Procedures cannot read your comment due to [FWS–R7–MB–2009–0082] [91200–1231– technical difficulties and cannot contact 9BPP–L2] To ensure that any final action resulting from this proposed rule will be you for clarification, EPA may not be RIN 1018–AW67 able to consider your comment. as accurate and as effective as possible, Electronic files should avoid the use of Migratory Bird Subsistence Harvest in we request that you send relevant special characters, any form of ; Harvest Regulations for information for our consideration. The encryption, and be free of any defects or Migratory Birds in Alaska During the comments that will be most useful and viruses. 2010 Season likely to influence our decisions are those that you support by quantitative Docket: All documents in the AGENCY: Fish and Wildlife Service, information or studies and those that electronic docket are listed in the Interior. include citations to, and analyses of, the http://www.regulations.gov index. ACTION: Proposed rule. applicable laws and regulations. Please Although listed in the index, some make your comments as specific as information is not publicly available, SUMMARY: The U.S. Fish and Wildlife possible and explain the bases for them. i.e., CBI or other information whose Service (Service or we) proposes In addition, please include sufficient disclosure is restricted by statute. migratory bird subsistence harvest information with your comments to Certain other material, such as regulations in Alaska for the 2010 allow us to authenticate any scientific or copyrighted material, is not placed on season. These regulations will enable commercial data you include. the Internet and will be publicly the continuation of customary and You must submit your comments and available only in hard copy form. traditional subsistence uses of migratory materials concerning this proposed rule Publicly available docket materials are birds in Alaska and prescribe regional by one of the methods listed above in information on when and where the available either electronically in http:// the ADDRESSES section. We will not harvesting of birds may occur. These www.regulations.gov or in hard copy accept comments sent by e-mail or fax regulations were developed under a co- during normal business hours at the Air or to an address not listed in ADDRESSES. management process involving the If you submit a comment via http:// Protection Division, U.S. Environmental Service, the Alaska Department of Fish Protection Agency, Region III, 1650 www.regulations.gov, your entire and Game, and Alaska Native comment—including any personal Arch Street, Philadelphia, Pennsylvania representatives. The rulemaking is 19103. Copies of the State submittal are identifying information, such as your necessary because the regulations address, telephone number, or e-mail available at the Virginia Department of governing the subsistence harvest of the Environmental Quality. 629 East address—will be posted on the Web site. migratory birds in Alaska are subject to Please note that comments submitted to Main Street, Richmond, Virginia 23219. annual review. This rulemaking this Web site are not immediately FOR FURTHER INFORMATION CONTACT: proposes region-specific regulations that viewable. When you submit a comment, Martin Kotsch, (215) 814–3335, or by go into effect on April 2, 2010, and the system receives it immediately. e-mail at [email protected]. expire on August 31, 2010. However, the comment will not be DATES: We will accept comments publicly viewable until we post it, SUPPLEMENTARY INFORMATION: For received or postmarked on or before which might not occur until several further information, please see the January 19, 2010. We must receive days after submission. information provided in the direct final requests for public hearings, in writing, If you mail or hand-carry a hardcopy action, with the same title, that is at the address shown in FOR FURTHER comment directly to us that includes located in the Rules and Regulations INFORMATION CONTACT by January 4, personal information, you may request section of this Federal Register 2010. at the top of your document that we publication. Please note that if EPA ADDRESSES: You may submit comments withhold this information from public receives adverse comment on an by one of the following methods: review. However, we cannot guarantee amendment, paragraph, or section of • Federal eRulemaking Portal: http:// that we will be able to do so. To ensure this rule and if that provision may be www.regulations.gov. Follow the that the electronic docket for this severed from the remainder of the rule, instructions for submitting comments to rulemaking is complete and all EPA may adopt as final those provisions Docket No. FWS–R7–MB–2009–0082. comments we receive are publicly of the rule that are not the subject of an • U.S. mail or hand-delivery: Public available, we will post all hardcopy adverse comment. Comments Processing, Attn: FWS–R7– comments on http:// MB–2009–0082; Division of Policy and www.regulations.gov. Dated: November 5, 2009. Directives Management; U.S. Fish and In addition, comments and materials William C. Early, Wildlife Service; 4401 N. Fairfax Drive, we receive, as well as supporting Acting Regional Administrator, Region III. Suite 222; Arlington, VA 22203. documentation used in preparing this [FR Doc. E9–27813 Filed 11–19–09; 8:45 am] We will not accept e-mail or faxes. We proposed rule, will be available for BILLING CODE 6560–50–P will post all comments on http:// public inspection in two ways: www.regulations.gov. This generally (1) You can view them on http:// means that we will post any personal www.regulations.gov. In the Search information you provide us (see the Documents box, enter FWS–R7–MB– Public Comment Procedures section 2009–0082, which is the docket number below for more information). for this rulemaking. Then, in the Search FOR FURTHER INFORMATION CONTACT: Fred panel on the left side of the screen, Armstrong, (907) 786-3887, or Donna select the type of documents you want

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to view under the Document Type These final rules setting forth the in areas north and west of the Alaska heading. annual harvest regulations, are available Range (50 CFR 92.5). These geographical (2) You can make an appointment, at http://alaska.fws.gov/ambcc/ restrictions opened the initial during normal business hours, to view regulations.htm. subsistence migratory bird harvest to only about 13 percent of Alaska the comments and materials in person at What Is the Process for Issuing residents. High-population areas such as the Division of Migratory Bird Regulations for the Subsistence Harvest Anchorage, the Matanuska-Susitna and Management, U.S. Fish and Wildlife of Migratory Birds in Alaska? Fairbanks North Star boroughs, the Service; 4501 N. Fairfax Drive, Room The U.S. Fish and Wildlife Service 4107, Arlington, VA 22203-1610. roaded area, the Gulf of (Service or we) proposes migratory bird Alaska roaded area, and Southeast Public Availability of Comments subsistence harvest regulations in Alaska were excluded from the eligible Alaska for the 2010 season. These subsistence harvest areas. As stated above in more detail, before regulations will enable the continuation Based on petitions requesting including your address, phone number, of customary and traditional subsistence inclusion in the harvest, in 2004, we e-mail address, or other personal uses of migratory birds in Alaska and added 13 additional communities based identifying information in your prescribe regional information on when on criteria set forth in 50 CFR 92.5(c). comment, you should be aware that and where the harvesting of birds may These communities were Gulkana, your entire comment—including your occur. These regulations were Gakona, Tazlina, Copper Center, personal identifying information—may developed under a co-management Mentasta Lake, Chitina, Chistochina, be made publicly available at any time. process involving the Service, the Tatitlek, Chenega, Port Graham, Though you can ask us in your Alaska Department of Fish and Game, Nanwalek, Tyonek, and Hoonah, with a comment to withhold your personal and Alaska Native representatives. combined population of 2,766. In 2005, identifying information from public We opened the process to establish we added three additional communities review, we cannot guarantee that we regulations for the 2010 spring and for glaucous-winged gull egg gathering will be able to do so. summer subsistence harvest of only, based on petitions requesting migratory birds in Alaska this past Why Is This Rulemaking Necessary? inclusion. These southeastern spring in a proposed rule published in communities were Craig, Hydaburg, and This rulemaking is necessary because, the Federal Register on April 10, 2009 Yakutat, with a combined population of by law, the migratory bird harvest (74 FR 16339). While that proposed rule 2,459. season is closed unless opened by the dealt primarily with the regulatory In 2007, we enacted the Alaska Secretary of the Interior, and the process for hunting migratory birds for Department of Fish and Game’s request regulations governing subsistence all purposes throughout the United to expand the Fairbanks North Star harvest of migratory birds in Alaska are States, we also discussed the Borough excluded area to include the subject to public review and annual background and history of the Alaska Central Interior area. This action approval. This rule proposes regulations subsistence regulations, explained the excluded the following communities for the taking of migratory birds for annual process for their establishment, from participation in this harvest: Big subsistence uses in Alaska during the and requested proposals for the 2010 Delta/Fort Greely, Healy, McKinley spring and summer of 2010. This rule season. The rulemaking processes for Park/Village and Ferry, with a combined lists proposed migratory bird season both types of migratory bird harvest are population of 2,812. These removed openings and closures in Alaska by related, and the April 10, 2009, communities reduced the percentage of region. proposed rule explained the connection the State population included in the between the two. subsistence harvest to 13 percent. How Do I Find the History of These The Alaska Migratory Bird Co- How Will the Service Ensure That the Regulations? management Council (Co-management Subsistence Harvest Will Not Raise Council) held a meeting in April 2009 Overall Migratory Bird Harvest or Background information, including to develop recommendations for Threaten the Conservation of past events leading to this action, changes effective for the 2010 harvest Endangered and Threatened Species? accomplishments since the Migratory season. The April 10, 2009, proposed Bird Treaties with Canada and Mexico rule set a deadline of June 15, 2009, for We have monitored subsistence were amended, and a history addressing the Co-management Council to submit harvest for the past 15 years through the conservation issues can be found in the proposals for the 2010 spring and use of annual household surveys in the following Federal Register documents: summer migratory bird subsistence most heavily used subsistence harvest harvest season to us and the Flyway areas, such as the Yukon–Kuskokwim Federal Register Delta. Continuation of this monitoring Date Citation Councils. This timeframe allowed the Flyway Councils and the Service to enables tracking of any major changes or August 16, 2002 ...... 67 FR 53511 consider the proposals and present trends in levels of harvest and user recommendations to the Service participation after legalization of the July 21, 2003 ...... 68 FR 43010 Regulations Committee at the harvest. This rule proposes for the committee’s meeting on July 29 and 30, second year to restrict hunting on the April 2, 2004 ...... 69 FR 17318 2009. North Slope to times of day with April 8, 2005 ...... 70 FR 18244 sufficient daylight to enable hunters to Who Is Eligible To Hunt Under These distinguish and avoid shooting closed February 28, 2006 ... 71 FR 10404 Regulations? species. In addition, three conservation Eligibility to harvest under the measures, which focus on increased April 11, 2007 ...... 72 FR 18318 regulations established in 2003 was migratory bird hunter outreach prior to limited to permanent residents, hunts, increased regulatory enforcement March 14, 2008 ...... 73 FR 13788 regardless of race, in villages located and in-season harvest verification of May 19, 2009 ...... 74 FR 23336 within the , Kodiak Steller’s eider mortality, would continue Archipelago, the , and to provide additional protection for

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threatened spectacled and Steller’s released uninjured from fishing nets by 0 were taken during the 2008 eiders. Finally, we have an emergency Borough staff. subsistence season (Alaska Department closure provision (50 CFR 92.21),which of Fish and Game, preliminary data). Aleutian and Arctic Terns specifies that the harvest may be closed However, during the 2008 subsistence or temporarily suspended upon a We propose to remove the provision season, the Service documented 20 finding that a continuation of the that opened a season May 15–June 30 Steller’s eiders shot at Barrow, with regulation allowing the harvest would for harvesting Aleutian (Onychoprion another 7 found dead but too heavily pose an imminent threat to the aleutica) and arctic tern (Sterna scavenged to determine cause of death. conservation of any endangered or paradisaea) eggs in the Yakutat Harvest Therefore, harvest survey estimates threatened species or other migratory area, from Icy Bay (Icy Cape to Point and direct observation of shot birds bird population. Riou) and the coastal islands bordering indicated that direct shooting occurs the Gulf of Alaska from Point Manby during the subsistence harvest, with With regard to Steller’s eiders, the southeast to and including Dry Bay. The impacts probably on the order of tens of proposed regulation at 50 CFR 92.32, Yakutat Tlingit Tribe requested this each threatened eider species taken per carried over from last year, clarifies that regulation be removed at the April 2009 year. Take is not authorized for either we will take action under 50 CFR 92.21 Co-Management Council meeting, species during the subsistence harvest, as is necessary to prevent further take of stating that they will not be able to and, in the case of Steller’s eider, this Steller’s eiders, which could include adequately monitor the tern subsistence amount of shooting mortality is likely temporary or long-term closures of the take as requested by the Service, so they not sustainable for the small Alaska- harvest in all or a portion of the would prefer to withdraw the regulation breeding population. Because of the geographic area open to harvest. If at this time. Steller’s eider small breeding mortality of threatened eiders occurs, Spectacled and Steller’s Eiders population size, their breeding we will evaluate each mortality event by concentration near Barrow, and the criteria such as: cause, quantity, sex, Spectacled eiders (Somateria fischeri) relatively high proportion of the age, location, and date. We will consult and the Alaska-breeding population of estimated population shot during recent the Co-management Council when an Steller’s eiders (Polysticta stelleri) are subsistence harvests, the Service emergency closure is being considered. listed as threatened species, and their focused on considering regulations and Any emergency closure deemed migration and breeding distribution conservation efforts on the North Slope necessary will be designed to minimize overlaps with the spring and summer to benefit the Alaska-breeding its impact on the subsistence harvest. subsistence harvest on the Yukon- population of Steller’s eiders. Kuskokwim Delta and the North Slope. What Is Different in the Region-Specific Several spectacled and Steller’s eider Both spectacled and Steller’s eiders are Regulations for 2010? management needs are addressed by closed to hunting in the subsistence this proposed rule. It restricts hunting Yellow-billed Loons harvest, but harvest surveys and Service on the North Slope, from Barrow documentation indicate substantial through Point Hope, to time of day with Consistent with the request of the numbers of both species have been sufficient daylight to ensure hunters can North Slope Borough Fish and Game taken during recent subsistence harvests distinguish and avoid shooting species Management Committee and the on the North Slope. closed for harvest; it clarifies for recommendation of the Co-management The North Slope breeding population subsistence users that Service law Council, this proposed rule continues of spectacled eiders was estimated to be enforcement personnel have authority to into 2010 the provisions originally 12,916 (10,942–14,890, 95% Confidence verify species of birds possessed by established in 2005 to allow subsistence Limits) individual birds during 2002–06 hunters; it clarifies that it is illegal to use of yellow-billed loons (Gavia (Service unpublished data), and they possess any bird closed to harvest; and adamsii) inadvertently entangled in nest relatively widely across the North it describes how the Service’s existing subsistence fishing (gill) nets on the Slope. It is estimated that 35 (33–40, authority of emergency closure would North Slope. Yellow-billed loons are 95% Confidence Limits) spectacled be implemented, if necessary, to protect culturally important for the Inupiat eiders were taken on the North Slope Steller’s eiders. The regulations, Eskimo of the North Slope for use in during the 2005 subsistence season implemented in accordance with traditional dance regalia. A maximum of (Service unpublished data, 2006); 99 conservation measures (described 20 yellow-billed loons may be caught in (44–155, 95% Confidence Limits) were below), are considered the principal 2010 under this provision. This taken during the 2007 subsistence way in which shooting mortality of provision does not authorize intentional season; and 9 (1–25, 184% confidence threatened eider will be substantially harvest of yellow-billed loons, but limits) were taken during the 2008 reduced or eliminated. The emergency allows use of those loons inadvertently subsistence season (Alaska Department closure authority provides an additional entangled during normal subsistence of Fish and Game, preliminary data). level of assurance that, if an unexpected fishing activities. Individual reporting to The North Slope breeding population amount of Steller’s eider shooting the North Slope Borough Department of of Steller’s eider was estimated to be mortality occurs, it will be curtailed to Wildlife is required by the end of each 576 annually (292–859, 90% Confidence avoid approaching jeopardy to the season. However, the North Slope Limits) individual birds during 1993– existence of the species. Borough has asked fishermen, through 2008 (Service, unpublished data), and The Service developed three announcements on the radio and most of their nesting appears to be conservation measures that are an through personal contact, to report concentrated near Barrow, the integral part of the proposed harvest and inadvertent entanglements of loons as northernmost point in Alaska. It is were approved for implementation by they occur, to better estimate the level estimated that 19 (9–37, 95% the Alaska Regional Director on April 6, of mortality caused by gill nets. In 2008, Confidence Limits) Steller’s eiders were 2009. The conservation measures one yellow-billed loon was reported to taken on the North Slope during the substantially increased protection for be found dead in a fishing net; one 2005 subsistence season; 36 (1–85, spectacled and, particularly, Steller’s severely injured yellow-billed loon was 135% Confidence Limits) were taken eiders on the North Slope in 2009, and observed by Borough staff; and two were during the 2007 subsistence season; and described how the Service would detect,

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remedy, and quickly curtail any harvest survey reports, the efficiency of reduce or eliminate the take of Steller’s shooting mortality or injury of Steller’s the regulations, conservation measures, eiders. eiders that might occur during the and outreach efforts. A review of the conservation strategy harvest. In January 2009, the Service To summarize, the Service has dual implemented by the Service in 2009 commenced planning for goals and responsibilities of authorizing based on the conservation measures implementation of each measure in a subsistence harvest while protecting developed, showed that overall the anticipation of the subsistence harvest. migratory birds and threatened species. Service made advancements in several The three conservation measures were: Although these goals were and continue areas. These conservation measures and to be challenging, they are not the subsequent MOU engaged our 1. Increase Migratory Bird Hunter irreconcilable with sufficient Outreach Prior to the Hunts partners on the North Slope, recognition of the need to protect encouraging local ownership of the The Service with North Slope threatened species, measures to remedy conservation goal, and ultimately partners would provide migratory bird documented threats, and commitment heightening awareness of what actions hunter outreach in Wainwright, Point from the subsistence community and were necessary to move in a positive Hope, Point Lay, and Barrow prior to other conservation partners to work direction to protect Steller’s eiders. each subsistence harvest. The outreach together toward these dual goals. With Based on these successes, the Service educational objectives included: hunter these dual goals in mind, the Service is proposes to continue these conservation understanding of the hunting proposing to continue the provision that measures into the 2010 season with regulations; ability to distinguish among restricts hunting on the North Slope to some modification as to the amount of the open and closed species of eiders in times of day with sufficient daylight to effort and emphasis each will receive. flight; the need to reduce crippling loss; enable hunters to avoid shooting closed The Service also proposes to continue and an understanding of the Service’s species. Moreover, the Service, working the regulatory changes implemented in role and obligation for enforcement and with partners, developed additional 2009 for the North Slope through the monitoring. This was done prior to and measures to eliminate the potential for 2010 subsistence season, including the during the 2009 subsistence season. shooting mortality or injury of the emergency closure provisions. Alaska-breeding population of Steller’s 2. Increased Service Enforcement of Statutory Authority Migratory Bird Regulations eider on the North Slope. These measures include: (1) increased We derive our authority to issue these During the 2009 subsistence season, waterfowl hunter outreach and regulations from the Migratory Bird the Service sustained a law enforcement community awareness; (2) increased Treaty Act of 1918, 16 U.S.C. 712(1), presence on the North Slope during the enforcement of the migratory bird which authorizes the Secretary of the migratory bird hunts. The Service regulations that are protective of listed Interior, in accordance with the treaties believes this action was necessary to eiders; and (3) in-season Service with Canada, Mexico, Japan, and Russia, increase community understanding and verification of the harvest to detect any to ‘‘issue such regulations as may be acceptance of the shooting mortality Steller’s eider mortality. necessary to assure that the taking of problem, deter violations, and obtain For the 2009 season, the Service and migratory birds and the collection of compliance with the regulations. The the community planned to immediately their eggs, by the indigenous inhabitants Service conducted real-time monitoring address and remedy any detected of the State of Alaska, shall be permitted of the harvest to meet the primary Steller’s eider mortality; and, as a matter for their own nutritional and other objective of detecting Steller’s eider of Service policy, any detected Steller’s essential needs, as determined by the mortality during the hunts so that eider shooting mortality was curtailed to Secretary of the Interior, during seasons appropriate and timely corrective action an amount estimated to be sustainable established so as to provide for the could be taken. Regulatory enforcement by the population. The summer of 2009 preservation and maintenance of stocks objectives will continue to be achieved was not a breeding year for Steller’s of migratory birds.’’ through a two-part strategy: (i) pre- eiders in the Barrow area. Even so, the season community and hunter Service conducted an extensive Required Determinations education and outreach, and (ii) in- outreach program including eight public Regulatory Planning and Review season implementation of the law meetings in all of the affected eider (Executive Order 12866) enforcement portion of this plan and communities, three radio shows, and enforcement of all Service regulations. five newspaper articles. The Service The Office of Management and Budget increased its law enforcement presence (OMB) has determined that this rule is 3. In-season Harvest Verification of in Barrow as well as harvest monitoring. not significant and has not reviewed Steller’s Eider Mortality and Injury No Steller’s eiders were found shot this rule under Executive Order 12866 Three types of monitoring efforts were during monitoring of the subsistence (E.O. 12866). OMB bases its used during the 2009 subsistence harvest. determination upon the following four harvest and fall hunts on the North In 2009, the Service also continued criteria: Slope: (i) Steller’s eider breeding working into July refining and (a) Whether the rule will have an surveys to inform the coordination of implementing the Memorandum of annual effect of $100 million or more on the conservation measures, (ii) harvest Understanding (MOU) established the economy or adversely affect an verification by Service law enforcement between the Service and North Slope economic sector, productivity, jobs, the to meet the objective of detecting government and Native organizations. environment, or other units of the Steller’s eider mortality during the The reason to initiate an MOU was to government. hunts so appropriate and timely increase involvement by Alaska Native (b) Whether the rule will create corrective action can be taken to prevent organizations in the conservation of inconsistencies with other Federal further mortality; and (iii) monitoring Steller’s eiders on the North Slope of agencies’ actions. for injured and dead birds to begin to Alaska. The purposes outlined were to: (c) Whether the rule will materially quantify crippling rate and loss. We will (1) conserve and manage Steller’s eiders; affect entitlements, grants, user fees, continue to use all in-season monitoring (2) preserve the customary and loan programs, or the rights and information to independently evaluate traditional subsistence hunt, and (3) obligations of their recipients.

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(d) Whether the rule raises novel legal will not impose a cost of $100 million Civil Justice Reform (Executive Order or policy issues. or more in any given year on local, 12988) Regulatory Flexibility Act State, or tribal governments or private entities. The rule does not have a The Department, in promulgating this The Department of the Interior significant or unique effect on State, rule, has determined that it will not certifies that this rule will not have a local, or tribal governments or the unduly burden the judicial system and that it meets the requirements of significant economic impact on a private sector. A statement containing substantial number of small entities as sections 3(a) and 3(b)(2) of Executive the information required by the defined under the Regulatory Flexibility Order 12988. Unfunded Mandates Reform Act is not Act (5 U.S.C. 601 et seq.). An initial required. Participation on regional regulatory flexibility analysis is not Government-to-Government Relations required. Accordingly, a Small Entity management bodies and the Co- With Native American Tribal Compliance Guide is not required. The management Council will require travel Governments expenses for some Alaska Native rule legalizes a pre-existing subsistence Because eligibility to hunt under activity, and the resources harvested organizations and local governments. In addition, they will assume some these regulations is not limited to tribal will be consumed by the harvesters or members, but rather extends to all expenses related to coordinating persons within their local community. indigenous inhabitants of the involvement of village councils in the subsistence harvest areas, we are not Small Business Regulatory Enforcement regulatory process. Total coordination Fairness Act required to engage in formal and travel expenses for all Alaska consultation with tribes. However, in This rule is not a major rule under 5 Native organizations are estimated to be keeping with the spirit of the President’s U.S.C. 804(2), the Small Business less than $300,000 per year. In the Regulatory Enforcement Fairness Act. memorandum of April 29, 1994, Notice of Decision (65 FR 16405; March ‘‘Government-to-Government Relations This rule: 28, 2000), we identified 12 partner (a) Will not have an annual effect on With Native American Tribal organizations (Alaska Native nonprofits Governments’’ (59 FR 22951), and the economy of $100 million or more. It and local governments) to administer will legalize and regulate a traditional Executive Order 13175 (65 FR 67249; the regional programs. The Alaska subsistence activity. It will not result in November 6, 2000), concerning Department of Fish and Game will also a substantial increase in subsistence consultation and coordination with incur expenses for travel to Co- harvest or a significant change in Indian Tribal Governments, we harvesting patterns. The commodities management Council and regional conducted meetings with the affected being regulated under this rule are management body meetings. In tribes and tribal nonprofit organizations migratory birds. This rule deals with addition, the State of Alaska will be to discuss the proposed changes in the legalizing the subsistence harvest of required to provide technical staff regulations for possible effects on tribes migratory birds and, as such, does not support to each of the regional or trust resources, and have determined involve commodities traded in the management bodies and to the Co- that there are no significant effects. The marketplace. A small economic benefit management Council. Expenses for the rule will legally recognize the from this rule derives from the sale of State’s involvement may exceed subsistence harvest of migratory birds equipment and ammunition to carry out $100,000 per year, but should not and their eggs for indigenous subsistence hunting. Most, if not all, exceed $150,000 per year. When inhabitants including tribal members. In businesses that sell hunting equipment funding permits, we make annual grant 1998, we began a public involvement in rural Alaska would qualify as small agreements available to the partner process to determine how to structure businesses. We have no reason to organizations and the Alaska management bodies in order to provide believe that this rule will lead to a Department of Fish and Game to help the most effective and efficient involvement of subsistence users. We disproportionate distribution of offset their expenses. benefits. began by publishing in the Federal (b) Will not cause a major increase in Takings (Executive Order 12630) Register stating that we intended to costs or prices for consumers; establish management bodies to Under the criteria in Executive Order individual industries; Federal, State, or implement the spring and summer local government agencies; or 12630, this rule does not have subsistence harvest (63 FR 49707, geographic regions. This rule does not significant takings implications. This September 17, 1998). We held meetings deal with traded commodities and, rule is not specific to particular land with the Alaska Department of Fish and therefore, does not have an impact on ownership, but applies to the harvesting Game and the Native Migratory Bird prices for consumers. of migratory bird resources throughout Working Group to provide information (c) Does not have significant adverse Alaska. A takings implication regarding the amended treaties and to effects on competition, employment, assessment is not required. listen to the needs of subsistence users. investment, productivity, innovation, or The Native Migratory Bird Working Federalism (Executive Order 13132) the ability of U.S.-based enterprises to Group was a consortium of Alaska compete with foreign-based enterprises. Under the criteria in Executive Order Natives formed by the Rural Alaska This rule deals with the harvesting of 13132, this rule does not have sufficient Community Action Program to represent wildlife for personal consumption. It federalism implications to warrant the Alaska Native subsistence hunters of migratory birds during the treaty does not regulate the marketplace in any preparation of a Federalism Assessment. negotiations. We held forums in Nome, way to generate effects on the economy We discuss effects of this proposed rule or the ability of businesses to compete. Kotzebue, Fort Yukon, Allakaket, on the State of Alaska in the Unfunded Naknek, Bethel, Dillingham, Barrow, Unfunded Mandates Reform Act Mandates Reform Act section above. We and Copper Center. We led additional We have determined and certified worked with the State of Alaska to briefings and discussions at the annual under the Unfunded Mandates Reform develop these regulations. Therefore, a meeting of the Association of Village Act (2 U.S.C. 1501 et seq.) that this rule Federalism Assessment is not required. Council Presidents in Hooper Bay and

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for the Central Council of Tlingit & Summer Harvest,’’ issued October 9, (ii) Closure: July 16–August 15. Haida Indian Tribes in Juneau. 2009. Copies are available from the (b) Yukon/Kuskokwim Delta Region. On March 28, 2000, we published in person listed under FOR FURTHER (1) Season: April 2–August 31. the Federal Register (65 FR 16405) the INFORMATION CONTACT or at (2) Closure: 30–day closure dates to be Notice of Decision: ‘‘Establishment of www.Regulations.gov. announced by the Service’s Alaska Management Bodies in Alaska To Regional Director or his designee, after Develop Recommendations Related to Energy Supply, Distribution, or Use consultation with local subsistence the Spring/Summer Subsistence Harvest (Executive Order 13211) users, field biologists, and the of Migratory Birds.’’ This notice Executive Order 13211 requires Association of Village Council described the way in which agencies to prepare Statements of President’s Waterfowl Conservation management bodies would be Energy Effects when undertaking certain Committee. This 30–day period will established and organized. Based on the actions. This is not a significant occur between June 1 and August 15 of wide range of views expressed on the regulatory action under this Executive each year. A press release announcing options document, the decision Order; it would allow only for the actual closure dates will be incorporated key aspects of two of the traditional subsistence harvest and forwarded to regional newspapers and modules. The decision established one would improve conservation of radio and television stations and posted statewide management body consisting migratory birds by allowing effective in village post offices and stores. of 1 Federal member, 1 State member, regulation of this harvest. Further, this (3) Special Black Brant and Cackling and 7–12 Alaska Native members, with rule is not expected to significantly Goose Season Hunting Closure: From each component serving as equals. affect energy supplies, distribution, or the period when egg laying begins until use. Therefore, this action is not a young birds are fledged. Closure dates to Paperwork Reduction Act significant energy action under be announced by the Service’s Alaska This rule has been examined under Executive Order 13211 and no Regional Director or his designee, after the Paperwork Reduction Act of 1995 Statement of Energy Effects is required. consultation with field biologists and and does not contain new collections of the Association of Village Council List of Subjects in 50 CFR Part 92 information that require Office of President’s Waterfowl Conservation Management and Budget approval. OMB Exports, Hunting, Imports, Reporting Committee. A press release announcing has approved our collection of and recordkeeping requirements, the actual closure dates will be information associated with the Subsistence, Treaties, Wildlife. forwarded to regional newspapers and voluntary annual household surveys For the reasons set out in the radio and television stations and posted used to determine levels of subsistence preamble, we propose to amend title 50, in village post offices and stores. take. The OMB control number is 1018– chapter I, subchapter G, of the Code of (c) Bristol Bay Region. 0124, which expires on January 31, Federal Regulations as follows: (1) Season: April 2–June 14 and July 2010. An agency may not conduct or 16–August 31 (general season); April 2– sponsor and a person is not required to PART 92—MIGRATORY BIRD July 15 for seabird egg gathering only. respond to a collection of information SUBSISTENCE HARVEST IN ALASKA (2) Closure: June 15–July 15 (general unless it displays a currently valid OMB season); July 16–August 31 (seabird egg control number. 1. The authority citation for part 92 gathering). continues to read as follows: (d) Bering Strait/Norton Sound Endangered Species Act Consideration Authority: 16 U.S.C. 703–712. Region. Prior to issuance of annual spring and (1) Stebbins/St. Michael Area (Point Subpart D—Annual Regulations summer subsistence regulations, we will Romanof to Canal Point): consult under section 7 of the Governing Subsistence Harvest (i) Season: April 15–June 14 and July Endangered Species Act of 1973, as 2. In subpart D, add § 92.31 to read 16–August 31. amended (16 U.S.C. 1531–1543; as follows: (ii) Closure: June 15–July 15. hereinafter the Act), to ensure that the (2) Remainder of the region: § 92.31 Region-specific regulations. 2010 subsistence harvest is not likely to (i) Season: April 2–June 14 and July jeopardize the continued existence of The 2010 season dates for the eligible 16–August 31 for waterfowl; April 2– any species designated as endangered or subsistence harvest areas are as follows: July 19 and August 21–August 31 for all threatened, or modify or destroy its (a) Aleutian/Pribilof Islands Region. other birds. (1) Northern Unit (Pribilof Islands): critical habitats, and that the regulations (ii) Closure: June 15–July 15 for (i) Season: April 2–June 30. waterfowl; July 20–August 20 for all are consistent with conservation (ii) Closure: July 1–August 31. programs for those species. Consultation (2) Central Unit (Aleut Region’s other birds. (e) Kodiak Archipelago Region, except under section 7 of the Act for the annual eastern boundary on the Alaska for the Kodiak Island roaded area, subsistence take regulations may cause Peninsula westward to and including which is closed to the harvesting of us to change these regulations. Our Unalaska Island): biological opinion resulting from the (i) Season: April 2–June 15 and July migratory birds and their eggs. The section 7 consultation is a public 16–August 31. closed area consists of all lands and document available from the person (ii) Closure: June 16–July 15. waters (including exposed tidelands) listed under FOR FURTHER INFORMATION (iii) Special Black Brant Season east of a line extending from Crag Point CONTACT. Closure: August 16–August 31, only in in the north to the west end of Saltery Cove in the south and all lands and National Environmental Policy Act Izembek and Moffet lagoons. (iv) Special Tundra Swan Closure: All water south of a line extending from Consideration hunting and egg gathering closed in Termination Point along the north side The annual regulations and options units 9(D) and 10. of Cascade Lake extending to Anton were considered in the Environmental (3) Western Unit (Umnak Island west Larson Bay. Waters adjacent to the Assessment, ‘‘Managing Migratory Bird to and including Attu Island): closed area are closed to harvest within Subsistence Hunting in Alaska: Hunting (i) Season: April 2–July 15 and August 500 feet from the water’s edge. The Regulations for the 2010 Spring/ 16–August 31. offshore islands are open to harvest.

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(1) Season: April 2–June 30 and July entangled in subsistence fishing nets in Skwentna River and west of the Yentna 31–August 31 for seabirds; April 2–June the North Slope Region and kept for RiverThat, and August 1–31 portion of 20 and July 22–August 31 for all other subsistence use. Individuals must report Unit 16(B) south of the Beluga River, birds. each yellow-billed loon inadvertently Beluga Lake, and the Triumvirate (2) Closure: July 1–July 30 for entangled while subsistence gill net Glacier. seabirds; June 21–July 21 for all other fishing to the North Slope Borough (2) Closure: June 1–July 31. birds. Department of Wildlife Management by (l) . (f) Northwest Arctic Region. the end of the season. (1) Community of Hoonah (Harvest (1) Season: April 2–June 9 and August (5) North Coastal Zone (Cape area: National Forest lands in Icy Strait 15–August 31 (hunting in general); Thompson north to Point Hope and east and Cross Sound, including Middle Pass waterfowl egg gathering May 20–June 9 along the Arctic Ocean coastline around Rock near the Inian Islands, Table Rock only; seabird egg gathering May 20–July Point Barrow to Ross Point, including in Cross Sound, and other traditional 12 only; hunting molting/non-nesting Iko Bay, and 5 miles inland). locations on the coast of Yakobi Island. waterfowl July 1–July 31 only. (i) Migratory bird hunting is permitted The land and waters of Glacier Bay (2) Closure: June 10–August 14, from one-half hour before sunrise until National Park remain closed to all except for the taking of seabird eggs and sunset, during August. subsistence harvesting (50 CFR Part molting/non-nesting waterfowl as (ii) No person may at any time, by any 100.3(a)). provided in paragraph (f)(1) of this means, or in any manner, possess or (i) Season: glaucous-winged gull egg section. have in custody any migratory bird or gathering only: May 15–June 30. (g) North Slope Region. part thereof, taken in violation of (ii) Closure: July 1–August 31. (1) Southern Unit (Southwestern subpart C and D of this part. (2) Communities of Craig and North Slope regional boundary east to (iii) Upon request from a Service law Hydaburg (Harvest area: small islands Peard Bay, everything west of the enforcement officer, hunters taking, and adjacent shoreline of western Prince longitude line 158°30’W and south of attempting to take, or transporting of Wales Island from Point Baker to the latitude line 70°45’N to the west migratory birds taken during the Cape Chacon, but also including bank of the Ikpikpuk River, and subsistence harvest season must present Coronation and Warren islands). everything south of the latitude line them to the officer for species (i) Season: glaucous-winged gull egg 69°45’N between the west bank of the identification. gathering only: May 15–June 30. Ikpikpuk River to the east bank of (h) Interior Region. (ii) Closure: July 1–August 31. Sagavinirktok River): (1) Season: April 2–June 14 and July (3) Community of Yakutat (Harvest (i) Season: April 2–June 29 and July 16–August 31; egg gathering May 1–June area: Icy Bay (Icy Cape to Point Riou), 30–August 31 for seabirds; April 2–June 14 only. and coastal lands and islands bordering 19 and July 20–August 31 for all other (2) Closure: June 15–July 15. the Gulf of Alaska from Point Manby birds. (i) Upper Copper River Region southeast to Dry Bay). (ii) Closure: June 30–July 29 for (Harvest Area: Units 11 and 13) (Eligible (i) Season: glaucous-winged gull egg seabirds; June 20–July 19 for all other communities: Gulkana, Chitina, Tazlina, gathering: May 15–June 30. birds. Copper Center, Gakona, Mentasta Lake, (ii) Closure: July 1–August 31. (iii) Special Black Brant Hunting Chistochina and Cantwell). 3. In subpart D, add § 92.32 to read Opening: From June 20–July 5. The (1) Season: April 15–May 26 and June as follows: open area would consist of the 27–August 31. § 92.32 Emergency regulations to protect coastline, from mean high water line Steller’s eiders. (2) Closure: May 27–June 26. Upon finding that continuation of outward to include open water, from (3) The Copper River Basin these subsistence regulations would Nokotlek Point east to longitude line communities listed above also pose an imminent threat to the 158°30’W. This includes Peard Bay, documented traditional use harvesting conservation of threatened Steller’s Kugrua Bay, and Wainwright Inlet, but birds in Unit 12, making them eligible eiders (Polysticta stelleri), the U.S. Fish not the Kuk and Kugrua river drainages. to hunt in this unit using the seasons and Wildlife Service Alaska Regional (2) Northern Unit (At Peard Bay, specified in paragraph (h) of this Director, in consultation with the Co- everything east of the longitude line section. management Council, will immediately 158°30’W and north of the latitude line (j) Gulf of Alaska Region. under § 92.21 take action as is necessary 70°45’N to west bank of the Ikpikpuk (1) Prince William Sound Area to prevent further take. Regulation River, and everything north of the (Harvest area: Unit 6 [D]), (Eligible changes implemented could range from latitude line 69°45’N between the west Chugach communities: Chenega Bay, a temporary closure of duck hunting in bank of the Ikpikpuk River to the east Tatitlek). a small geographic area to large-scale bank of Sagavinirktok River): (i) Season: April 2–May 31 and July regional or State-wide long-term (i) Season: April 6–June 6 and July 7– 1–August 31. closures of all subsistence migratory August 31 for king and common eiders; (ii) Closure: June 1–30. bird hunting. Such closures or April 2–June 15 and July 16–August 31 (2) Kachemak Bay Area (Harvest area: temporary suspensions will remain in for all other birds. Unit 15[C] South of a line connecting (ii) Closure: June 7–July 6 for king and the tip of Homer Spit to the mouth of effect until the Regional Director, in common eiders; June 16–July 15 for all Fox River) (Eligible Chugach consultation with the Co-management other birds. Communities: Port Graham, Nanwalek). Council, determines that the potential (3) Eastern Unit (East of eastern bank (i) Season: April 2–May 31 and July for additional Steller’s eiders to be taken of the Sagavanirktok River): 1–August 31. no longer exists. (i) Season: April 2–June 19 and July (ii) Closure: June 1–30. Dated: November 3, 2009. 20–August 31. (k) Cook Inlet (Harvest area: portions Thomas L. Strickland, (ii) Closure: June 20–July 19. of Unit 16[B] as specified below) Assistant Secretary for Fish and Wildlife and (4) All Units: yellow-billed loons. (Eligible communities: Tyonek only). Parks. Annually, up to 20 yellow-billed loons That portion of(1) Season: April 2– [FR Doc. E9–27870 Filed 11–19–09; 8:45 am] total for the region may be inadvertently May 31 Unit 16(B) south of the BILLING CODE 4310–55–S

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