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Federal Register/Vol. 75, No. 70/Tuesday, April 13, 2010/Rules

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Federal Register/Vol. 75, No. 70/Tuesday, April 13, 2010/Rules 18764 Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Rules and Regulations funds do not subsidize restricted Service, the Alaska Department of Fish bird subsistence harvest regulations in activities; and and Game, and Alaska Native Alaska for the 2010 season. These (b) The recipient is, to the extent representatives. This rulemaking is regulations enable the continuation of practicable in the circumstances, necessary because the regulations customary and traditional subsistence separate from the affiliated organization. governing the subsistence harvest of uses of migratory birds in Alaska and Mere bookkeeping separation of migratory birds in Alaska are subject to prescribe regional information on when Leadership Act HIV/AIDS funds from annual review. This rulemaking and where the harvesting of birds may other funds is not sufficient. HHS will establishes region-specific regulations occur. These regulations were determine, on a case-by-case basis and that go into effect April 13, 2010 and developed under a co-management based on the totality of the facts, expire August 31, 2010. process involving the Service, the whether sufficient separation exists. The DATES: The amendments to subpart D of Alaska Department of Fish and Game, presence or absence of any one or more 50 CFR part 92 are effective April 13, and Alaska Native representatives. factors relating to legal, physical, and 2010, through August 31, 2010. We opened the process to establish regulations for the 2010 spring and financial separation will not be FOR FURTHER INFORMATION CONTACT: Fred summer subsistence harvest of determinative. Factors relevant to this Armstrong, (907) 786–3887, or Donna determination shall include, but not be migratory birds in Alaska in a proposed Dewhurst, (907) 786–3499, U.S. Fish rule published in the Federal Register limited to, the following: and Wildlife Service, 1011 E. Tudor (1) Whether the organization is a on April 10, 2009 (74 FR 16339). While Road, Mail Stop 201, Anchorage, AK that proposed rule dealt primarily with legally separate entity; 99503. (2) The existence of separate the regulatory process for hunting personnel or other allocation of SUPPLEMENTARY INFORMATION: migratory birds for all purposes throughout the United States, we also personnel that maintains adequate Why Is This Rulemaking Necessary? separation of the activities of the discussed the background and history of affiliated organization from the This rulemaking is necessary because, Alaska subsistence regulations, recipient; by law, the migratory bird harvest explained the annual process for their (3) The existence of separate season is closed unless opened by the establishment, and requested proposals accounting and timekeeping records; Secretary of the Interior, and the for the 2010 season. The rulemaking (4) The degree of separation of the regulations governing subsistence processes for both types of migratory recipient’s facilities from facilities in harvest of migratory birds in Alaska are bird harvest are related, and the April which restricted activities occur; and subject to public review and annual 10, 2009, proposed rule explained the (5) The extent to which signs and approval. This rule establishes connection between the two. other forms of identification that regulations for the taking of migratory The Alaska Migratory Bird Co- distinguish the recipient from the birds for subsistence uses in Alaska management Council (Co-management affiliated organization are present. during the spring and summer of 2010. Council) held a meeting in April 2009 This rule lists migratory bird season to develop recommendations for [FR Doc. 2010–8378 Filed 4–12–10; 8:45 am] openings and closures in Alaska by changes that would take effect during BILLING CODE 4150–38–P region. the 2010 harvest season. These recommendations were presented first How Do I Find the History of These to the Flyway Councils and then to the DEPARTMENT OF THE INTERIOR Regulations? Service Regulations Committee at the Background information, including committee’s meeting on July 29 and 30, Fish and Wildlife Service past events leading to this rulemaking, 2009. accomplishments since the Migratory 50 CFR Part 92 Who Is Eligible To Hunt Under These Bird Treaties with Canada and Mexico Regulations? [FWS–R7–MB–2009–0082; 91200–1231– were amended, and a history addressing 9BPP–L2] conservation issues can be found in the Eligibility to harvest under the following Federal Register documents: regulations established in 2003 was RIN 1018–AW67 limited to permanent residents, regardless of race, in villages located Migratory Bird Subsistence Harvest in Date FEDERAL REG- Alaska; Harvest Regulations for ISTER citation within the Alaska Peninsula, Kodiak Archipelago, the Aleutian Islands, and Migratory Birds in Alaska During the August 16, 2002 .............. 67 FR 53511. 2010 Season in areas north and west of the Alaska July 21, 2003 ................... 68 FR 43010. Range (50 CFR 92.5). These geographical April 2, 2004 .................... 69 FR 17318. AGENCY: Fish and Wildlife Service, April 8, 2005 .................... 70 FR 18244. restrictions opened the initial Interior. February 28, 2006 ........... 71 FR 10404. subsistence migratory bird harvest to ACTION: Final rule. April 11, 2007 .................. 72 FR 18318. about 13 percent of Alaska residents. March 14, 2008 ................ 73 FR 13788. High populated areas such as SUMMARY: The U.S. Fish and Wildlife May 19, 2009 ................... 74 FR 23336. Anchorage, the Matanuska-Susitna and Service (Service or we) establishes Fairbanks North Star boroughs, the migratory bird subsistence harvest These documents, which are all final Kenai Peninsula roaded area, the Gulf of regulations in Alaska for the 2010 rules setting forth the annual harvest Alaska roaded area, and Southeast season. These regulations enable the regulations, are available at http:// Alaska were excluded from eligible continuation of customary and alaska.fws.gov/ambcc/regulations.htm. subsistence harvest areas. traditional subsistence uses of migratory Based on petitions requesting birds in Alaska and prescribe regional What Is the Process for Issuing inclusion in the harvest, in 2004, we information on when and where the Regulations for the Subsistence Harvest added 13 additional communities based harvesting of birds may occur. These of Migratory Birds in Alaska? on criteria set forth in 50 CFR 92.5(c). regulations were developed under a co- The U.S. Fish and Wildlife Service These communities were Gulkana, management process involving the (Service or we) establishes migratory Gakona, Tazlina, Copper Center, VerDate Nov<24>2008 14:59 Apr 12, 2010 Jkt 220001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 70 / Tuesday, April 13, 2010 / Rules and Regulations 18765 Mentasta Lake, Chitina, Chistochina, in mind, the Service, working with Specifically, as local communities Tatitlek, Chenega, Port Graham, partners, developed measures in 2009 to develop greater responsibility for taking Nanwalek, Tyonek, and Hoonah, with a further reduce the potential for shooting actions to ensure Steller’s and combined population of 2,766. In 2005, mortality or injury of closed species. spectacled eider conservation and we added three additional communities These conservation measures included: recovery, and hunters demonstrate for glaucous-winged gull egg gathering (1) Increased waterfowl hunter outreach greater compliance with hunting only, based on petitions requesting and community awareness partnering regulations, the Service’s Office of Law inclusion. These southeastern with the Migratory Bird Task Force; (2) Enforcement plans to decrease its communities were Craig, Hydaburg, and continued enforcement of the migratory presence in Barrow. Yakutat, with a combined population of bird regulations that are protective of The longstanding general emergency 2,459. listed eiders; and (3) in-season Service closure provision at 50 CFR 92.21 In 2007, we enacted the Alaska verification of the harvest to detect specifies that the harvest may be closed Department of Fish and Game’s request Steller’s eider mortality. or temporarily suspended upon finding to expand the Fairbanks North Star This rule is focused on the North that a continuation of the regulation Borough excluded area to include the Slope from Barrow through Point Hope allowing the harvest would pose an Central Interior area. This action because listed spectacled and Steller’s imminent threat to the conservation of excluded the following communities eiders from the listed Alaska breeding any migratory bird population. With from participation in this harvest: Big population, are known to breed and regard to Steller’s eiders, the regulation Delta/Fort Greely, Healy, McKinley migrate there. These regulations address at 50 CFR 92.32, carried over from last Park/Village and Ferry, with a combined several eider management needs by year, clarifies that we will take action population of 2,812. These removed restricting hunting to times of day with under 50 CFR 92.21 as is necessary to communities reduced the percentage of sufficient daylight to improve a hunter’s prevent further take of Steller’s eiders, the State population included in the ability to distinguish between species and that action could include temporary subsistence harvest to 13 percent. and minimize shooting species closed or long-term closures of the harvest in for harvest; clarifying for
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