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changes address), the Service will not SOURCE: 67 FR 53517, Aug. 16, 2002, unless be obligated to trace the location of otherwise noted. the artist to return the artwork. Any artist who changes his or her address is Subpart A—General Provisions responsible for notifying the Service of the change. All unclaimed entries will § 92.1 Purpose of regulations. be destroyed 1 year after the date of The regulations in this part imple- the contest. ment the Alaska migratory bird sub- (b) Artists in the third round of judg- sistence program as provided for in Ar- ing will be chosen to appear in a na- ticle II(4)(b) of the 1916 Convention for tional art tour that will last 1 year. the Protection of Migratory Birds in The artwork will be returned to the Canada and the United States (the artists after that period in accordance ‘‘Canada Treaty’’), as amended. with the signed participation agree- ment. § 92.2 Authority. (c) An artist may choose to remove The Secretary of the Interior issues his or her artwork from the tour, but the regulations in this part under the will forfeit contest eligibility for three authority granted to the Secretary by successive contests. the Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703–712. [72 FR 6488, Feb. 12, 2007] § 92.3 Applicability and scope. PART 92—MIGRATORY BIRD (a) In general. The regulations in this SUBSISTENCE HARVEST IN ALASKA part apply to all eligible persons har- vesting migratory birds and their eggs Subpart A—General Provisions for subsistence purposes in Alaska be- Sec. tween the dates of March 10 and Sep- 92.1 Purpose of regulations. tember 1. The provisions in this part do 92.2 Authority. not replace or alter the regulations set 92.3 Applicability and scope. forth in part 20 of this chapter, which 92.4 Definitions. relate to the hunting of migratory 92.5 Who is eligible to participate? game birds and crows during the reg- 92.6 Use and possession of migratory birds. ular open season from September 1 92.7–92.9 [Reserved] through March 10. The provisions set forth in this part implement the excep- Subpart B—Program Structure tion to the closed season, which au- 92.10 Alaska Migratory Bird Co-manage- thorizes the taking of migratory birds ment Council. in Alaska for subsistence purposes be- 92.11 Regional management areas. tween March 10 and September 1. 92.12 Relationship to the process for devel- (b) Land ownership. This part does oping national hunting regulations for not alter the legal authorities of Fed- migratory game birds. eral and State land managing agencies 92.13–92.19 [Reserved] or the legal rights of private land own- Subpart C—General Regulations ers to close their respective lands to Governing Subsistence Harvest the taking of migratory birds. (c) Federal public lands. The provi- 92.20 Methods and means. sions of this part are in addition to, 92.21 Emergency closures. and do not supersede, any other provi- 92.22 Subsistence migratory bird species. sion of law or regulation pertaining to 92.23–92.29 [Reserved] national wildlife refuges or other feder- ally managed lands. Subpart D—Annual Regulations Governing (d) Migratory bird permits. The provi- Subsistence Harvest sions of this part do not alter the 92.30 General overview of regulations. terms of any permit or other author- 92.31 Region-specific regulations. ization issued pursuant to part 21 of 92.32 Emergency regulations to protect this chapter. Steller’s eiders. (e) State laws for the protection of mi- 92.33–92.39 [Reserved] gratory birds. No statute or regulation AUTHORITY: 16 U.S.C. 703–712. of the State of Alaska relieves a person

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from the restrictions, conditions, and Immediate family means spouse, chil- requirements contained in this part. dren, parents, grandchildren, grand- Nothing in this part, however, prevents parents, and siblings. the State of Alaska from making and Included areas are defined in § 92.5. enforcing laws or regulations that are Indigenous inhabitant means a perma- consistent with the regulations in this nent resident of a village within a sub- part, the conventions between the sistence harvest area, regardless of United States and any foreign country race. for the protection of migratory birds, Migratory bird, for the purposes of and the Migratory Bird Treaty Act, this part, means the same as defined in and that give further protection to mi- gratory birds. § 10.12 of subchapter B of this chapter. Species eligible to harvest are listed in § 92.4 Definitions. § 92.32. The following definitions apply to all Migratory birds authorized for use in regulations contained in this part: handicrafts or clothing means the spe- Alaska Native means the same as cies of birds listed at § 92.6(b) that were ‘‘Native,’’ defined in section 3(b) of the taken for food in a nonwasteful manner Alaska Native Claims Settlement Act, during the Alaska subsistence-harvest 16 U.S.C. 1602(b). season by an eligible person of an in- Authentic Native article of handicraft cluded area. or clothing means any item created by Native means the same as ‘‘Alaska an Alaska Native to which inedible Native’’ as defined in this section. parts of migratory birds authorized for Nonwasteful taking means making a use in handicrafts or clothing are in- reasonable effort to retrieve all birds corporated and which is fashioned by killed or wounded, and retaining all ed- hand, or with limited use of machines, ible meat until the birds have been provided no mass production occurs. transported to the location where they Closure means the season is closed to will be consumed, processed, or pre- all forms of harvest, including hunting served as human food. and egg gathering, unless specified oth- Partner organization or regional part- erwise. Co-management Council means the ner means a regional or local organiza- Alaska Migratory Bird Co-management tion, or a local or tribal government Council, consisting of Alaska Native, that has entered into a formal agree- Federal, and State of Alaska represent- ment with the U.S. Fish and Wildlife atives as equals. Service for the purpose of coordinating Edible meat means the meat from the the regional programs necessary to in- breast, back, thighs, legs, wings, giz- volve subsistence hunters in the regu- zard, and heart. The head, neck, feet, latory process described in this part. other internal organs, and skin are Permanent resident means any person considered inedible byproducts, and not whose primary, permanent home for edible meat, for all provisions of this the previous 12 months was within a part. subsistence harvest area in Alaska. Eligible person means an individual Whenever absent from this primary, within the State of Alaska who quali- permanent home, the person has the fies to harvest migratory birds and intention of returning to it. Factors their eggs for subsistence purposes dur- demonstrating a person’s primary, per- ing the spring and summer. manent home may include: an address Excluded areas are defined in § 92.5. listed on an Alaska Permanent Fund Flyway Council means the Atlantic, dividend application; an Alaska license Mississippi, Central, or Pacific Flyway to drive, hunt, fish, or engage in an ac- Council. Game Management Unit, also referred tivity regulated by a government enti- to simply as Unit, means 1 of the 26 ty; voter registration; location of resi- geographical areas listed in the codi- dences owned, rented, or leased; loca- fied State of Alaska hunting and trap- tion of stored household goods; the res- ping regulations and on maps of the idence of the person’s spouse, minor Alaska State Game Management Units.

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children, or dependents; tax docu- sistence purposes during the applicable ments; whether the person claims resi- periods specified in subpart D of this dence in another location for any pur- part. pose; or status as a tribal member of a (a) Included areas. Village areas lo- tribe in a subsistence harvest area. cated within the Alaska Peninsula, Ko- Sale by consignment means that an diak Archipelago, the Aleutian Islands, Alaska Native sends or supplies an au- or in areas north and west of the Alas- thentic Native article of handicraft or ka Range are subsistence harvest clothing to a person who sells the item areas, except that villages within these for the Alaska Native. The consign- areas not meeting the criteria for a ment seller need not be an Alaska Na- subsistence harvest area as identified tive and the Alaska Native craftsman in paragraph (c) of this section will be retains ownership of the item and will excluded from the spring and summer receive money for the item when it is subsistence harvest. sold. (1) Any person may request the Co- Seabirds refers to all bird species list- management Council to recommend ed in § 92.32 within the families Alcidae, that an otherwise included area be ex- Laridae, Procellariidae, and cluded by submitting a petition stating Phalacrocoracidae. how the area does not meet the criteria Service Regulations Committee means identified in paragraph (c) of this sec- the Migratory Bird Regulations Com- tion. The Co-management Council will mittee of the U.S. Fish and Wildlife forward petitions to the appropriate re- Service. gional management body. The Co-man- Shorebirds refers to all bird species agement Council will then consider listed in § 92.32 within the families each petition and will submit to the Charadriidae, Haematopodidae, and Service any recommendations to ex- Scolopacidae. clude areas from the spring and sum- State means State of Alaska. mer subsistence harvest. The Service Subsistence means the customary and will publish any approved rec- traditional harvest or use of migratory ommendations for public comment in birds and their eggs by eligible indige- the FEDERAL REGISTER. nous inhabitants for their own nutri- (2) Based on petitions for inclusion tional and other essential needs. recommended by the Co-management Subsistence harvest areas encompass Council, the Service has added the fol- customary and traditional hunting lowing communities to the included areas of villages in Alaska that qualify areas under this part: for a spring or summer subsistence har- (i) Upper Copper River Region— vest of migratory birds under this part. Gulkana, Gakona, Tazlina, Copper Cen- Taxidermy refers to birds preserved ter, Mentasta Lake, Chitina, and mounted in lifelike representa- Chistochina. tions. Taxidermy does not include pre- (ii) Gulf of Alaska Region—Chugach serving bird parts to be integrated into Community of Tatitlek, Chugach Com- traditional arts and crafts. munity of Chenega, Chugach Commu- Village is defined as a permanent set- nity of Port Graham, Chugach Commu- tlement with one or more year-round nity of Nanwalek. residents. (iii) Cook Inlet Region—Tyonek. Waterfowl refers to all bird species (iv) Southeast Alaska Region— listed in § 92.32 within the family Hoonah, Craig, Hydaburg, and Yakutat. Anatidae. (b) Excluded areas. Excluded areas are [67 FR 53517, Aug. 16, 2002, as amended at 68 not subsistence harvest areas and are FR 43027, July 21, 2003; 69 FR 17327, Apr. 2, closed to harvest. Residents of ex- 2004; 78 FR 11993, Feb. 21, 2013; 81 FR 18787, cluded areas are not eligible persons as Apr. 1, 2016; 82 FR 34270, July 24, 2017] defined in § 92.4. Communities located within the excluded areas provided in § 92.5 Who is eligible to participate? paragraphs (b)(2) and (b)(3) of this sec- If you are a permanent resident of a tion may petition the Co-management village within a subsistence harvest Council through their regional man- area, you will be eligible to harvest mi- agement body for designation as a gratory birds and their eggs for sub- spring and summer subsistence harvest

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area. The petition must state how the ommendations will accommodate tra- community meets the criteria identi- ditional spring and summer harvests fied in paragraph (c) of this section. without creating new traditions or in- The Co-management Council will con- creasing harvest of migratory birds. sider each petition and will submit to Recommendations will be made based the Service any recommendations to on the majority of factors and the designate a community as a spring and weight of the evidence using the fol- summer subsistence harvest area. The lowing criteria: Service will publish any approved new (1) A pattern of use recurring in the designations of communities for public spring and summer of each year prior comment in the FEDERAL REGISTER. Excluded areas consist of the following: to 1999, excluding interruptions by cir- (1) All areas outside of Alaska. cumstances beyond the user’s control; (2) Village areas located in Anchor- (2) The consistent harvest and use of age, the Matanuska-Susitna Borough, migratory birds on or near the user’s the Kenai Peninsula roaded area, the permanent residence; Gulf of Alaska roaded area, Southeast (3) A use pattern that includes the Alaska, and the Central Interior Ex- handing down of knowledge of hunting cluded Area as described in paragraph skills and values from generation to (b)(3) of this section generally do not generation; qualify for a spring and summer har- (4) A use pattern in which migratory vest. birds are shared or distributed among (3) The Central Interior Excluded others within a definable community of Area comprises the following: That persons; a community for purposes of portion of Unit 20(A) east of the Wood subsistence uses may include specific River drainage and south of Rex Trail, including the upper Wood River drain- villages or towns, with a historical pat- age south of its confluence with Chick- tern of subsistence use; and en Creek; that portion of Unit 20(C) (5) A use pattern that includes reli- east of Denali National Park north to ance for subsistence purposes upon mi- Rock Creek and east to Unit 20(A); and gratory birds or their eggs and that that portion of Unit 20(D) west of the meets nutritional and other essential Tanana River between its confluence needs including, but not limited to, with the Johnson and Delta Rivers, cultural, social, and economic ele- west of the east bank of the Johnson ments of the subsistence way of life. River, and north and west of the (d) Participation by permanent resi- Volmar drainage, including the dents of excluded areas. Immediate fam- Goodpaster River drainage. The fol- ily members who are residents of ex- lowing communities are within the Ex- cluded areas may participate in the cluded Area: Delta Junction/Big Delta/ customary spring and summer subsist- Fort Greely, McKinley Park/Village, ence harvest in a village’s subsistence Healy, Ferry, and all residents of the area with permission of the village formerly named Fairbanks North Star Borough Excluded Area. council, to assist indigenous inhab- (c) Criteria for determining designation itants in meeting their nutritional and as a spring and summer subsistence har- other essential needs or for the teach- vest area. A previously excluded com- ing of cultural knowledge. A letter of munity may be included in the spring/ invitation will be sent by the village summer harvest regulations if rec- council to the hunter with a copy to ommended by the Alaska Migratory the Executive Director of the Co-man- Bird Co-management Council. The agement Council, who will inform law Alaska Migratory Bird Co-management enforcement and the Service’s Co-man- Council will recommend designation of agement Council coordination office subsistence harvest areas based on a within 2 working days. The Service will deliberative process using the best then inform any affected Federal agen- available information on nutritional cy when residents of excluded areas are and cultural needs and customary and traditional use. The Alaska Migratory Bird Co-management Council rec-

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allowed to participate in the subsist- (xvii) Lesser yellowlegs (Tringa ence harvest within their Federal flavipes). lands. (xviii) Semipalmated sandpiper (Calidris semipalmatus). [67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003; 69 FR 17327, Apr. 2, (xix) Western sandpiper (Calidris 2004; 70 FR 18248, Apr. 8, 2005; 72 FR 18322, mauri). Apr. 11, 2007; 79 FR 19458, Apr. 8, 2014] (xx) Wilson’s snipe (Gallinago delicata). § 92.6 Use and possession of migratory (xxi) Bonaparte’s gull (Larus philadel- birds. phia). You may not sell, offer for sale, pur- (xxii) Mew gull (Larus canus). chase, or offer to purchase migratory (xxiii) Red-legged kittiwake (Rissa birds, their parts, or their eggs taken brevirostris). under this part, except as provided in (xxiv) Arctic tern (Sterna paradisaea). this section. (xxv) Black guillemot (Cepphus (a) Giving and receiving migratory grylle). birds. Under this part, you may take (xxvi) Cassin’s auklet (Ptychoramphus migratory birds for human consump- aleuticus). tion only. Harvest and possession of (xxvii) Great horned owl (Bubo migratory birds must be conducted virginianus). using nonwasteful taking. Edible meat of migratory birds may be given to im- (2) Only Alaska Natives may sell or mediate family members by eligible re-sell any authentic native article of persons. Inedible byproducts of migra- handicraft or clothing that contains an tory birds taken for food may be used inedible byproduct of a bird listed in for other purposes, except that taxi- paragraph (b)(1) of this section that dermy is prohibited, and these byprod- was taken for food during the Alaska ucts may only be given to other eligi- migratory bird subsistence harvest sea- ble persons or Alaska Natives. son. Eligibility under this paragraph (b)(2) can be shown by a Tribal Enroll- (b) Authentic native articles of handi- ment Card, Bureau of Indian Affairs craft or clothing. (1) Under this section, card, or membership in the Silver Hand authentic native articles of handicraft program. All sales and transportation or clothing may be produced for sale of sold items are restricted to within only from the following bird species: the United States. Each sold item must (i) Tundra swan (Cygnus columbianus). be accompanied by either a certifi- (ii) Blue-winged teal (Anas discors). cation (FWS Form 3–2484) signed by the (iii) Redhead (Aythya americana). artist or a Silver Hand insignia. Pur- (iv) Ring-necked duck (Aythya chasers must retain this documenta- collaris). tion and produce it upon the request of (v) Greater scaup (Aythya marila). a law enforcement officer. (vi) Lesser scaup (Aythya affinis). (3) Sales by consignment are allowed. (vii) King eider (Somateria spectabilis). Each consigned item must be accom- (viii) Common eider (Somateria panied by either a certification (FWS mollissima). Form 3–2484) signed by the artist or (ix) Surf scoter (Melanitta Silver Hand insignia. All consignees, perspicillata). sellers, and purchasers must retain this (x) White-winged scoter (Melanitta documentation with each item and fusca). produce it upon the request of a law en- (xi) Barrow’s goldeneye (Bucephala forcement officer. All consignment islandica). sales are restricted to within the (xii) Hooded merganser (Lophodytes United States. cucullatus). (4) The Office of Management and (xiii) Pacific loon (Gavia pacifica). Budget reviewed and approved the in- (xiv) Common loon (Gavia immer). formation collection requirements con- (xv) Double-crested cormorant tained in this section and assigned (Phalacrocorax auritus). OMB Control No. 1018–0168. We use the (xvi) Black oystercatcher information to monitor and enforce the (Haematopus bachmani). regulations. We may not conduct or

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sponsor and you are not required to re- and use of traditional knowledge, and spond to a collection of information habitat protection; unless it displays a currently valid (4) Develop procedures and criteria OMB control number. You may send by which areas and communities can be comments on the information collec- determined to be eligible or ineligible tion requirements to the Information for a spring/summer subsistence har- Collection Clearance Officer, U.S. Fish vest; and Wildlife Service, at the address (5) Provide guidelines to the regional listed at 50 CFR 2.1(b). management bodies each year for for- [82 FR 34270, July 24, 2017] mulation of annual regulations; (6) Consolidate regional recommenda- §§ 92.7–92.9 [Reserved] tions and resolve interregional dif- ferences in order to prepare statewide Subpart B—Program Structure recommendations; (7) Establish committees to gather or § 92.10 Alaska Migratory Bird Co-man- review data, develop plans for Co-man- agement Council. agement Council actions, and coordi- (a) Establishment. The U.S. Fish and nate programs with regional manage- Wildlife Service hereby establishes, as ment bodies; authorized by the Protocol amending (8) Send regional representatives the Canada Treaty, a statewide man- from the Co-management Council to agement body to be known as the Alas- meetings of the Pacific Flyway Council ka Migratory Bird Co-management and to meetings of the other Flyway Council. Councils as needed, and to meetings of (b) Membership. The Co-management the Service Regulations Committee; Council must include Alaska Native, (9) Elect officers; and Federal, and State of Alaska represent- (10) Conduct other business as the atives, as equals. Council may determine is necessary to (1) The Federal and State govern- accomplish its purpose. ments will each seat one representa- (d) Meetings. Meetings of the Co-man- tive. The Federal representative will be agement Council will be open to the appointed by the Alaska Regional Di- public. The Co-management Council rector of the U.S. Fish and Wildlife will: Service, and the State representative (1) Hold meetings at least twice an- will be appointed by the Commissioner nually; of the Alaska Department of Fish and (2) Conduct meetings in accordance Game. Regional partner organizations with bylaws approved by the Co-man- may seat 1 representative from each of agement Council; the 12 regions identified in § 92.11(a). (3) Provide an opportunity at each (2) The Federal and State representa- meeting for public comment; tives and the collective Native rep- (4) Establish the dates, times, and lo- resentatives will each have one vote, cations of meetings; and for a total of three votes for the entire (5) Maintain a written record of all council. meetings. (c) Roles and responsibilities. The Co- (e) Staff support. Administrative sup- management Council is authorized to: port for the Co-management Council (1) Hold public meetings for the pur- will be provided by the U.S. Fish and pose of conducting business related to Wildlife Service and will include, but spring and summer subsistence harvest not be limited to: of migratory birds; (1) Making arrangements for the (2) Develop recommendations for reg- meeting rooms and associated logistics ulations governing the spring and sum- related to Co-management Council mer subsistence harvest of migratory meetings; birds and their eggs; (2) Preparing public notices announc- (3) Develop recommendations for, ing Co-management Council meetings; among other things, law enforcement (3) Maintaining records of discussions policies, population and harvest moni- and actions taken by the Co-manage- toring, education programs, research ment Council;

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(4) Coordinating with the Alaska De- tified must be willing and able to co- partment of Fish and Game to provide ordinate the regional program on be- technical information needed by the half of all subsistence hunters within Co-management Council for its delib- that region. A regional partner will: erations; (1) Organize or identify one or more (5) Preparing documents and gath- management bodies within the region ering information needed by the Co- in which it is located. management Council for its meetings; (2) Determine how the management and body for the region should be orga- (6) Preparing the annual subpart D regulations package recommended by nized, the manner in which it should the Co-management Council for sub- function, its size, who serves on it, the mission to the flyway councils and the length of terms, methods of involving Service Regulations Committee. subsistence users, and other related matters. [67 FR 53517, Aug. 16, 2002, as amended at 68 (3) Coordinate regional meetings and FR 43027, July 21, 2003] the solicitation of proposals. § 92.11 Regional management areas. (4) Ensure appointment of a person to (a) Regions identified. To allow for represent the region by serving on the maximum participation by residents of Co-management Council. If a region subsistence eligible areas, the Alaska consists of more than one partner orga- Regional Director of the Service estab- nization, each partner organization lished 12 geographic regions based on may appoint a member to sit on the common subsistence resource use pat- Co-management Council. terns and the 12 Alaska Native regional (5) Keep the residents of villages corporation boundaries established within the region informed of issues re- under the Alaska Native Claims Settle- lated to the subsistence harvest of mi- ment Act. Despite using the Alaska gratory birds. Native regional corporation bound- (6) Work cooperatively with the U.S. aries, we are not working directly with Fish and Wildlife Service and the Alas- the regional corporations in this pro- ka Department of Fish and Game to gram and are instead working with the gather harvest data, numbers of sub- Alaska Native nonprofit groups and sistence users, and other management local governments in those cor- data and traditional knowledge for the responding regions. You may obtain benefit of the management bodies. records and maps delineating the (c) Regional management bodies. (1) Re- boundaries of the 12 regions from the U.S. Department of the Interior, Bu- gional management bodies must pro- reau of Land Management, Alaska vide a forum for the collection and ex- State Office, 222 West 7th Ave., No. 13, pression of opinions and recommenda- Anchorage, AK 99513. The regions are tions regarding spring and summer identified as follows: subsistence harvesting of migratory (1) Aleutian/Pribilof Islands; birds. They must develop requests and (2) Kodiak Archipelago; recommendations from the region to be (3) Bristol Bay; presented to the Co-management Coun- (4) Yukon/Kuskokwim Delta; cil for deliberation. They must provide (5) Bering Strait/Norton Sound; for public participation in the meet- (6) Northwest Arctic; ings at which recommendations and re- (7) North Slope; quests are formulated. (8) Interior; (2) Requests and recommendations to (9) Southeast; the Co-management Council may in- (10) Gulf of Alaska; volve seasons and bag limits, methods (11) Upper Copper River; and and means, law enforcement policies, (12) Cook Inlet. (b) Regional partnerships. The U.S. population and harvest monitoring, Fish and Wildlife Service will establish education programs, research and use partner agreements with at least 1 of traditional knowledge, habitat pro- partner organization in each of the 12 tection, and other concerns related to regions. The partner organization iden- migratory bird subsistence programs.

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(3) Regional management bodies may (a) Swivel guns, shotguns larger than be established specifically for the pur- 10 gauge, punt guns, battery guns, ma- pose of carrying out the responsibil- chine guns, fish hooks, poisons, drugs, ities identified in this part, or they explosives, or stupefying substances; may be existing entities that can add (b) Shooting from a sinkbox or any these responsibilities to their existing other type of low-floating device that duties. affords the hunter a means of conceal- [67 FR 53517, Aug. 16, 2002, as amended at 68 ment beneath the surface of the water; FR 43027, July 21, 2003] (c) Hunting from any type of aircraft; (d) Taking waterfowl and other spe- § 92.12 Relationship to the process for cies using live birds as decoys, except developing national hunting regula- for auklets on Diomede and St. Law- tions for migratory game birds. rence islands (Use of live birds as de- (a) Flyway councils. (1) Proposed an- coys is a customary and traditional nual regulations recommended by the means of harvesting auklets on Co-management Council will be sub- Diomede and St. Lawrence islands.); mitted to all flyway councils for review (e) Hunting with the aid of recorded and comment. The Council’s rec- bird calls; ommendations must be submitted prior (f) Using any type of vehicle, aircraft, to the SRC’s last regular meeting of or boat for the purpose of concen- the calendar year in order to be ap- trating, driving, rallying, or stirring up proved for spring/summer harvest be- of any migratory bird, except boats ginning March 11 of the following cal- may be used to position a hunter; endar year. (g) Having in possession or using lead (2) Alaska Native representatives or other toxic shot while hunting (Ap- may be appointed by the Co-manage- proved nontoxic shot types are listed in ment Council to attend meetings of one § 20.21(j) of subchapter B.); or more of the four flyway councils to (h) Shooting while on or across any discuss recommended regulations or road or highway; other proposed management actions. (b) Service regulations committee. Pro- (i) Using an air boat (Interior and posed annual regulations recommended Bristol Bay Regions only) or jet ski by the Co-management Council will be (Interior Region only) for hunting or submitted to the Service Regulations transporting hunters; Committee for their review and rec- (j) Using private or chartered aircraft ommendation to the Service Director. for hunting or transporting hunters, Following the Service Director’s re- except for transportation between com- view and recommendation, the pro- munity airstrips (Unit 18, Yukon/ posals will be forwarded to the Depart- Kuskokwim Delta Region only); or ment of Interior for approval. Proposed (k) By the aid of baiting, or on or annual regulations will then be pub- over any baited area, where a person lished in the FEDERAL REGISTER for knows or reasonably should know that public review and comment, similar to the area is or has been baited, as pro- the annual migratory game bird hunt- vided at 50 CFR 20.21(i) and 16 U.S.C. ing regulations (found in part 20 of this 704(b). chapter). Final spring/summer regula- [68 FR 43028, July 21, 2003, as amended at 69 tions for Alaska will be published in FR 17327, Apr. 2, 2004; 70 FR 18248, Apr. 8, the FEDERAL REGISTER in the preceding 2005; 71 FR 10408, Feb. 28, 2006; 72 FR 18323, Fall. Apr. 11, 2007]

§§ 92.13–92.19 [Reserved] § 92.21 Emergency closures. (a) The Regional Director, after con- Subpart C—General Regulations sultation with the Co-management Governing Subsistence Harvest Council, may close or temporarily sus- pend any regulation established under § 92.20 Methods and means. subparts C or D of this part: You may not use the following de- (1) Upon finding that a continuation vices and methods to harvest migra- of the regulation would pose an immi- tory birds: nent threat to the conservation of any

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endangered or threatened species or (a) Family Anatidae. (1) Greater other migratory bird population; and White-fronted Goose (Anser albifrons). (2) Upon issuance of local public no- (2) Snow Goose (Chen caerulescens). tice by such means as publication in (3) Emperor goose (Chen canagica). local newspapers of general circula- (4) Canada goose (Branta canadensis). tion, posting of the areas affected, no- (5) Canada goose, subspecies Aleutian tifying the State wildlife conservation goose—except in the Semidi Islands. agency, and announcement on the (6) Canada goose, subspecies cackling internet and local radio and television. goose. (b) The Service will also announce (7) Black Brant (Branta bernicla any such closure or temporary suspen- nigricans)—except no egg gathering is sion by publication of a notice in the permitted in the Yukon/Kuskokwim FEDERAL REGISTER simultaneously Delta and the North Slope regions. with the local public notice referred to (8) Tundra Swan (Cygnus in paragraph (a)(2) of this section. How- columbianus)—except in Units 9(D) and ever, in the event that publishing a 10. FEDERAL REGISTER notice simulta- (9) Gadwall (Anas strepera). neously with the local public notice is (10) Eurasian Wigeon (Anas penelope). impractical, we will publish in the (11) American Wigeon (Anas ameri- FEDERAL REGISTER as soon as possible cana). after the steps outlined in paragraph (12) Mallard (Anas platyrhynchos). (a) of this section are taken. (13) Blue-winged Teal (Anas discors). (c) Any closure or temporary suspen- (14) Northern Shoveler (Anas sion under this section will be effective clypeata). on the date of publication of the FED- (15) Northern Pintail (Anas acuta). ERAL REGISTER notice; or if such notice (16) Green-winged Teal (Anas crecca). is not published simultaneously with (17) Canvasback (Aythya valisineria). the notification methods described in (18) Redhead (Aythya americana). paragraph (a) of this section, then on (19) Ring-necked Duck (Aythya the date and at the time specified in collaris). the local notification to the public (20) Greater Scaup (Aythya marila). given under paragraph (a)(2) of this sec- (21) Lesser Scaup (Aythya affinis). tion. Every notice of closure or tem- (22) King Eider (Somateria spectabilis). porary suspension will include the date (23) Common Eider (Somateria and time of the closing, the area or mollissima). areas affected, and the species affected. (24) Harlequin Duck (Histrionicus In the case of a temporary suspension, histrionicus). the date and time when the harvest (25) Surf Scoter (Melanitta may be resumed will also be provided perspicillata). by local notification to the public and (26) White-winged Scoter (Melanitta by publication in the FEDERAL REG- fusca). ISTER as provided for in paragraphs (a) (27) Black Scoter (Melanitta nigra). and (b) of this section. (28) Long-tailed Duck (Clangula hyemalis). [68 FR 43028, July 21, 2003] (29) Bufflehead (Bucephala albeola). (30) Common Goldeneye (Bucephala § 92.22 Subsistence migratory bird spe- clangula). cies. (31) Barrow’s Goldeneye (Bucephala You may harvest birds or gather eggs islandica). from the following species, listed in (32) Hooded Merganser (Lophodytes taxonomic order, within all included cucullatus). areas except Southeast Alaska, which (33) Common Merganser (Mergus mer- is restricted to Glaucous-winged gull ganser). egg harvesting only. When birds are (34) Red-breasted Merganser (Mergus listed at the species level, all sub- serrator). species existing in Alaska are also open (b) Family Gaviidae. (1) Red-throated to harvest. All bird species not listed Loon (Gavia stellata). are closed to harvesting and egg gath- (2) Arctic Loon (Gavia arctica). ering. (3) Pacific Loon (Gavia pacifica).

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(4) Common Loon (Gavia immer). (2) Parasitic Jaeger (Stercorarius (5) Yellow-billed Loon (Gavia parasiticus). adamsii)—In the North Slope Region (3) Long-tailed Jaeger (Stercorarius only, a total of up to 20 yellow-billed longicaudus). loons inadvertently caught in fishing (4) Bonaparte’s gull (Chroicocephalus nets may be kept for subsistence pur- philadelphia). poses. (5) Mew Gull (Larus canus). (c) Family Podicipedidae. (1) Horned (6) Herring Gull (Larus argentatus). Grebe (Podiceps auritus). (7) Slaty-backed Gull (Larus (2) Red-necked Grebe (Podiceps schistisagus). grisegena). (8) Glaucous-winged Gull (Larus (d) Family Procellariidae. (1) Northern glaucescens). Fulmar (Fulmarus glacialis). (9) Glaucous Gull (Larus hyperboreus). (2) [Reserved] (10) Sabine’s Gull (Xema sabini). (e) Family Phalacrocoracidae. (1) Dou- (11) Black-legged Kittiwake (Rissa ble-crested Cormorant (Phalacrocorax tridactyla). auritus). (12) Red-legged Kittiwake (Rissa (2) Pelagic Cormorant (Phalacrocorax brevirostris). pelagicus). (13) Ivory Gull (Pagophila eburnea). (f) Family Gruidae. (1) Sandhill Crane (14) Arctic Tern (Sterna paradisaea). (Grus canadensis). (15) Aleutian tern (Onychoprion (2) [Reserved] aleuticus). (g) Family Charadriidae. (1) Black-bel- (k) Family Alcidae. (1) Common Murre lied Plover (Pluvialis squatarola). (Uria aalge). (2) Common Ringed Plover (2) Thick-billed Murre (Uria lomvia). (Charadrius hiaticula). (3) Black Guillemot (Cepphus grylle). (h) Family Haematopodidae. (1) Black (4) Pigeon Guillemot (Cepphus Oystercatcher (Haematopus bachmani). columba). (2) [Reserved] (5) Cassin’s Auklet (Ptychoramphus (i) Family Scolopacidae. (1) Greater aleuticus). Yellowlegs (Tringa melanoleuca). (6) Parakeet Auklet (Aethia (2) Lesser Yellowlegs (Tringa psittacula). flavipes). (7) Least Auklet (Aethia pusilla). (3) Spotted sandpiper (Actitis (8) Whiskered Auklet (Aethia macularius). pygmaea). (4) Bar-tailed Godwit (Limosa (9) Crested Auklet (Aethia cristatella). lapponica). (10) Rhinoceros Auklet (Cerorhinca (5) Ruddy Turnstone (Arenaria monocerata). interpres). (11) Horned Puffin (Fratercula (6) Semipalmated Sandpiper (Calidris corniculata). pusilla). (12) Tufted Puffin (Fratercula (7) Western Sandpiper (Calidris cirrhata). mauri). (l) Family Strigidae. (1) Great Horned (8) Least Sandpiper (Calidris Owl (Bubo virginianus). minutilla). (2) Snowy owl (Bubo scandiacus). (9) Baird’s Sandpiper (Calidris bairdii). [73 FR 13791, Mar. 14, 2008, as amended at 81 (10) Sharp-tailed Sandpiper (Calidris FR 18787, Apr. 1, 2016; 82 FR 16304, Apr. 4, acuminata). 2017; 83 FR 13688, Mar. 30, 2018] (11) Dunlin (Calidris alpina). (12) Long-billed Dowitcher §§ 92.23–92.29 [Reserved] (Limnodromus scolopaceus). (13) Wilson’s snipe (Gallinago Subpart D—Annual Regulations delicata). Governing Subsistence Harvest (14) Red-necked phalarope (Phalaropus lobatus). § 92.30 General overview of regula- (15) Red phalarope (Phalaropus tions. fulicarius). These regulations establish a spring/ (j) Family Laridae. (1) Pomarine Jae- summer migratory bird subsistence ger (Stercorarius pomarinus). harvest in Alaska. The regulations list

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migratory bird species that are author- § 92.31 Region-specific regulations. ized for harvest, species that are not The season dates for the eligible sub- authorized for harvest, season dates, sistence-harvest areas are as follows: and dates for a 30-day closure to pro- (a) Aleutian/Pribilof Islands region. (1) tect nesting birds. The Co-management Northern Unit (Pribilof Islands): Council will review and, if necessary, (i) Season: April 2–June 30. recommend modifications to these har- (ii) Closure: July 1–August 31. vest regulations on an annual basis, (2) Central Unit (Aleutian Region’s working within the schedule of the eastern boundary on the Alaska Penin- Federal late-season regulations for mi- sula westward to and including Un- gratory game bird hunting. alaska Island): (a) The taking, possession, transpor- (i) Season: April 2–June 15 and July tation, and other uses of migratory 16–August 31. birds are generally prohibited unless (ii) Closure: June 16–July 15. specifically authorized by regulation (iii) Special Black Brant Season Clo- developed in accordance with the Mi- sure: August 16–August 31, only in gratory Bird Treaty Act. Therefore, Izembek and Moffet lagoons. harvesting migratory birds is prohib- (iv) Special Tundra Swan Closure: All ited unless regulations are established hunting and egg gathering closed in ensuring the protection of the various Game Management Units 9(D) and 10. populations of migratory birds. Migra- (3) Western Unit (Umnak Island west to and including Attu Island): tory bird population levels, production, (i) Season: April 2–July 15 and August and habitat conditions vary annually. 16–August 31. These conditions differ within Alaska (ii) Closure: July 16–August 15. and throughout North America. There- (b) Yukon/Kuskokwim Delta region. (1) fore, the regulations governing migra- Season: April 2–August 31. tory bird hunting may include annual (2) Closure: 30-day closure dates to be adjustments to keep harvests within announced by the Service’s Alaska Re- acceptable levels. gional Director or his designee, after (b) The development of the regula- consultation with field biologists and tions in this part, like the development the Association of Village Council of the annual migratory game bird President’s Waterfowl Conservation hunting regulations in part 20 of this Committee. This 30-day period will chapter, involves annual data gath- occur between June 1 and August 15 of ering programs to determine migratory each year. A press release announcing bird population status and trends, the actual closure dates will be for- evaluate habitat conditions, determine warded to regional newspapers and harvests, and consider other factors radio and television stations. having an impact on the anticipated (3) Special Black Brant Season Hunt- size of annual populations. ing Closure: From the period when egg (c) The Service proposes annual mi- laying begins until young birds are gratory game bird hunting regulations fledged. Closure dates to be announced in the FEDERAL REGISTER in the spring by the Service’s Alaska Regional Di- for seasons beginning September 1 of rector or his designee, after consulta- that year. Following consideration of tion with field biologists and the Asso- additional biological information and ciation of Village Council President’s public comment, the Service publishes Waterfowl Conservation Committee. A supplemental proposals throughout the press release announcing the actual summer. These are also open to public closure dates will be forwarded to re- comment. gional newspapers and radio and tele- (d) Sections 92.31 through 92.39 pro- vision stations. (c) Bristol Bay region. (1) Season: vide for the annual harvest of migra- April 2–June 14 and July 16–August 31 tory birds and their eggs during spring (general season); April 2–July 15 for and summer for subsistence users in seabird egg gathering only. Alaska. (2) Closure: June 15–July 15 (general [67 FR 53517, Aug. 16, 2002, as amended at 68 season); July 16–August 31 (seabird egg FR 43028, July 21, 2003] gathering).

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(d) Bering Strait/Norton Sound region. (i) Season: April 2–June 29 and July (1) Stebbins/St. Michael Area (Point 30–August 31 for seabirds; April 2–June Romanof to Canal Point): 19 and July 20–August 31 for all other (i) Season: April 15–June 14 and July birds. 16–August 31. (ii) Closure: June 30–July 29 for (ii) Closure: June 15–July 15. seabirds; June 20–July 19 for all other (2) Remainder of the region: birds. (i) Season: April 2–June 14 and July (iii) Special Black Brant Hunting 16–August 31 for waterfowl; April 2– Opening: From June 20–July 5. The July 19 and August 21–August 31 for all open area consists of the coastline, other birds. from mean high water line outward to (ii) Closure: June 15–July 15 for wa- include open water, from Nokotlek terfowl; July 20–August 20 for all other Point east to longitude line 158°30′ W. birds. This includes Peard Bay, Kugrua Bay, (e) Kodiak Archipelago region, except and Wainwright Inlet, but not the Kuk for the Kodiak Island roaded area, and Kugrua river drainages. which is closed to the harvesting of mi- (2) Northern Unit (At Peard Bay, ev- gratory birds and their eggs. The erything east of the longitude line closed area consists of all lands and 158°30′ W and north of the latitude line waters (including exposed tidelands) 70°45′ N to west bank of the Ikpikpuk east of a line extending from Crag River, and everything north of the lati- Point in the north to the west end of tude line 69°45′ N between the west Saltery Cove in the south and all lands bank of the Ikpikpuk River to the east and water south of a line extending bank of Sagavinirktok River): from Termination Point along the (i) Season: April 2–June 6 and July 7– north side of Cascade Lake extending August 31 for king and common eiders; to Anton Larsen Bay. Marine waters April 2–June 15 and July 16–August 31 adjacent to the closed area are closed for all other birds. to harvest within 500 feet from the (ii) Closure: June 7–July 6 for king water’s edge. The offshore islands are and common eiders; June 16–July 15 for open to harvest. all other birds. (1) Season: April 2–June 30 and July (3) Eastern Unit (East of eastern 31–August 31 for seabirds; April 2–June bank of the Sagavanirktok River): 20 and July 22–August 31 for all other (i) Season: April 2–June 19 and July birds. 20–August 31. (2) Closure: July 1–July 30 for (ii) Closure: June 20–July 19. seabirds; June 21–July 21 for all other (4) All Units: yellow-billed loons. An- birds. nually, up to 20 yellow-billed loons (f) Northwest Arctic region. (1) Season: total for the region inadvertently en- April 2–June 14 and July 16–August 31 tangled in subsistence fishing nets in (hunting in general); waterfowl egg the North Slope Region may be kept gathering April 2–June 14 only; seabird for subsistence use. egg gathering May 20–July 12 only; (5) North Coastal Zone (Cape Thomp- hunting molting/non-nesting waterfowl son north to Point Hope and east along July 1–July 15 only. the Arctic Ocean coastline around (2) Closure: June 15–July 15, except Point Barrow to Ross Point, including for the taking of seabird eggs and molt- Iko Bay, and 5 miles inland). ing/non-nesting waterfowl as provided (i) No person may at any time, by in paragraph (f)(1) of this section. any means, or in any manner, possess (g) North Slope region. (1) Southern or have in custody any migratory bird Unit (Southwestern North Slope re- or part thereof, taken in violation of gional boundary east to Peard Bay, ev- subparts C and D of this part. erything west of the longitude line (ii) Upon request from a Service law 158°30′ W and south of the latitude line enforcement officer, hunters taking, 70°45′ N to the west bank of the attempting to take, or transporting Ikpikpuk River, and everything south migratory birds taken during the sub- of the latitude line 69°45′ N between the sistence harvest season must present west bank of the Ikpikpuk River to the them to the officer for species identi- east bank of Sagavinirktok River): fication.

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(h) Interior region. (1) Season: April 2– nual permit, which is available from June 14 and July 16–August 31; egg the Cordova offices of the Native Vil- gathering May 1–June 14 only. lage of Eyak and the U.S. Forest Serv- (2) Closure: June 15–July 15. ice. (i) Upper Copper River region (Harvest (3) Kachemak Bay Area (Harvest Area: Game Management Units 11 and area: Game Management Unit 15[C] 13) (Eligible communities: Gulkana, South of a line connecting the tip of Chitina, Tazlina, Copper Center, Homer Spit to the mouth of Fox River) Gakona, Mentasta Lake, Chistochina (Eligible Chugach Communities: Port and Cantwell). Graham, Nanwalek): (1) Season: April 15–May 26 and June (i) Season: April 2–May 31 and July 1– 27–August 31. August 31. (2) Closure: May 27–June 26. (ii) Closure: June 1–30. (3) The Copper River Basin commu- (k) Cook Inlet (Harvest area: portions nities listed above also documented of Game Management Unit 16[B] as traditional use harvesting birds in specified below) (Eligible communities: Game Management Unit 12, making Tyonek only): them eligible to hunt in this unit using (1) Season: April 2–May 31—That por- the seasons specified in paragraph (h) tion of Game Management Unit 16(B) of this section. south of the Skwentna River and west (j) Gulf of Alaska region. (1) Prince of the Yentna River, and August 1–31— William Sound Area West (Harvest That portion of Game Management area: Game Management Unit 6[D]), Unit 16(B) south of the Beluga River, (Eligible Chugach communities: Beluga Lake, and the Triumvirate Gla- Chenega Bay, Tatitlek): cier. (i) Season: April 2–May 31 and July 1– (2) Closure: June 1–July 31. August 31. (l) Southeast Alaska. (1) Community (ii) Closure: June 1–30. of Hoonah (Harvest area: National For- (2) Prince William Sound Area East est lands in Icy Strait and Cross (Harvest area: Game Management Sound, including Middle Pass Rock Units 6[B]and [C]—Barrier Islands be- near the Inian Islands, Table Rock in tween Strawberry Channel and Softtuk Cross Sound, and other traditional lo- Bar), (Eligible Chugach communities: cations on the coast of Yakobi Island. Cordova, Tatitlek, and Chenega Bay): The land and waters of Glacier Bay Na- (i) Season: April 2–April 30 (hunting); tional Park remain closed to all sub- May 1–May 31 (gull egg gathering). sistence harvesting (50 CFR part (ii) Closure: May 1–August 31 (hunt- 100.3(a)): ing); April 2–30 and June 1–August 31 (i) Season: glaucous-winged gull egg (gull egg gathering). gathering only: May 15–June 30. (iii) Species Open for Hunting: Great- (ii) Closure: July 1–August 31. er white-fronted goose; snow goose; (2) Communities of Craig and gadwall; Eurasian and American Hydaburg (Harvest area: small islands wigeon; blue-winged and green-winged and adjacent shoreline of western teal; mallard; northern shoveler; north- Prince of Wales Island from Point ern pintail; canvasback; redhead; ring- Baker to Cape Chacon, but also includ- necked duck; greater and lesser scaup; ing Coronation and Warren islands): king and common eider; harlequin (i) Season: glaucous-winged gull egg duck; surf, white-winged, and black gathering only: May 15–June 30. scoter; long-tailed duck; bufflehead; (ii) Closure: July 1–August 31. common and Barrow’s goldeneye; hood- (3) Community of Yakutat (Harvest ed, common, and red-breasted mer- area: Icy Bay (Icy Cape to Point Riou), ganser; and sandhill crane. Species and coastal lands and islands bordering open for egg gathering: glaucous- the Gulf of Alaska from Point Manby winged, herring, and mew gulls. southeast to and including Dry Bay): (iv) Use of Boats/All-Terrain Vehi- (i) Season: glaucous-winged gull egg cles: No hunting from motorized vehi- gathering: May 15–June 30. cles or any form of watercraft. (ii) Closure: July 1–August 31. (v) Special Registration: All hunters [84 FR 12951, Apr. 3, 2019, as amended at 85 or egg gatherers must possess an an- FR 18459, Apr. 2, 2020]

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§ 92.32 Emergency regulations to pro- a small geographic area to large-scale tect Steller’s eiders. regional or statewide long-term clo- Upon finding that continuation of sures of all subsistence migratory bird these subsistence regulations would hunting. These closures or temporary pose an imminent threat to the con- suspensions will remain in effect until servation of threatened Steller’s eiders the Regional Director, in consultation (Polysticta stelleri), the U.S. Fish and with the Co-management Council, de- Wildlife Service Alaska Regional Di- termines that the potential for addi- rector, in consultation with the Co- tional Steller’s eiders to be taken no management Council, will immediately longer exists. under § 92.21 take action as is necessary to prevent further take. Regulation [84 FR 12952, Apr. 3, 2019] changes implemented could range from a temporary closure of duck hunting in §§ 92.33–92.39 [Reserved]

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