685 PART 92—MIGRATORY BIRD SUBSISTENCE HARVEST in ALASKA Subpart A—General Provisions
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U.S. Fish and Wildlife Serv., Interior § 92.3 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 685 VerDate Sep<11>2014 15:28 Jun 23, 2021 Jkt 253006 PO 00000 Frm 00695 Fmt 8010 Sfmt 8010 Y:\SGML\250243.XXX 250243 § 92.4 50 CFR Ch. I (10–1–20 Edition) 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. 686 VerDate Sep<11>2014 15:28 Jun 23, 2021 Jkt 253006 PO 00000 Frm 00696 Fmt 8010 Sfmt 8010 Y:\SGML\250243.XXX 250243 U.S. Fish and Wildlife Serv., Interior § 92.5 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.