23336 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Rules and Regulations a petition under this section should also application to the Administrator only Donna Dewhurst, (907) 786-3499, U.S. include in their comments to the ERD after notice and an opportunity for a Fish and Wildlife Service, 1011 E. telephone numbers at which their hearing on the waiver. The Tudor Road, Mail Stop 201, Anchorage, representatives may be reached. Administrator will immediately revoke AK 99503. Interested parties may submit their the waiver if continuation of the waiver SUPPLEMENTARY INFORMATION: comments using any of the following would not be consistent with the goals methods: and objectives of this part. Why Is This Current Rulemaking (1) E-mail to FRA at: (4) In granting a waiver under this Necessary? [email protected]. section, the Administrator will consult This current rulemaking is necessary (2) Facsimile to FRA at: 202–493– and coordinate with other Federal because, by law, the migratory bird 6309. agencies, as appropriate, for matters that harvest season is closed unless opened (3) Mail to the Docket Clerk, DOT may significantly impact such agencies. by the Secretary of the Interior, and the Docket Management Facility, West regulations governing subsistence Building Ground Floor, Room W12–140, Issued in Washington, DC, on May 13, 2009. harvest of migratory birds in Alaska are 1200 New Jersey Ave., SE., Washington, Joseph Szabo, subject to public review and annual DC 20590 or electronically via the approval. The Alaska Migratory Bird Co- internet at http://www.regulations.gov. Administrator, Federal Railroad Administration. management Council (Co-management Any comments or information sent Council) held a meeting in April 2008 [FR Doc. E9–11598 Filed 5–18–09; 8:45 am] directly to FRA will be immediately to develop recommendations for provided to the DOT FeP for inclusion BILLING CODE 4910–06–P changes effective for the 2009 harvest in the ERD. season. These recommendations were (i) Request for hearing. Although the presented to the Service Regulations Administrator may waive compliance DEPARTMENT OF THE INTERIOR Committee (SRC) on July 30 and 31, with any part of a regulation prescribed 2008, and were subsequently proposed Fish and Wildlife Service or order issued without prior notice and in a December 18, 2008, Federal comment, parties desiring a public Register (73 FR 76994). hearing on any petition being processed 50 CFR Part 92 This rule finalizes regulations for the under this section must notify FRA [FWS–R7–MB–2008–0126; 91200–1231– taking of migratory birds for subsistence through the comment process identified 9BPP–L2] uses in Alaska during the spring and in paragraph (h) of this section within summer of 2009. This rule lists 72 hours from the close of business on RIN 1018–AW29 migratory bird season openings and the day that the petition is entered into Migratory Bird Subsistence Harvest in closures by region. and available on the FeP. In response to Alaska; Harvest Regulations for a request for a public hearing, FRA may: How Do I Find the History of These (1) Arrange a telephone conference Migratory Birds in Alaska During the Regulations? between all interested parties to provide 2009 Season Background information, including an opportunity for oral comment; AGENCY: Fish and Wildlife Service, past events leading to this action, (2) Arrange a public hearing pursuant Interior. accomplishments since the Migratory to the provisions contained in 49 CFR Bird Treaties with Canada and Mexico ACTION: Final rule. part 211; or were amended, and a history addressing (3) Determine that a public hearing is SUMMARY: The U.S. Fish and Wildlife conservation issues can be found in the unnecessary, inconsistent with safety, or Service (Service or we) establishes following Federal Register documents: not in the public interest. migratory bird subsistence harvest (j) Decisions. FRA may grant a regulations in Alaska for the 2009 Federal Register Date Citation petition for waiver without prior notice season. These regulations will enable and comment if the Administrator the continuation of customary and August 16, 2002 67 FR 53511 determines that it is in the public traditional subsistence uses of migratory interest to grant the waiver; the waiver birds in Alaska and prescribe regional July 21, 2003 68 FR 43010 is not inconsistent with railroad safety; information on when and where the and the waiver is necessary to address harvesting of birds may occur. These April 2, 2004 69 FR 17318 an actual or impending emergency regulations were developed under a co- April 8, 2005 70 FR 18244 situation or emergency event. The management process involving the Administrator will state in the decision Service, the Alaska Department of Fish February 28, 2006 71 FR 10404 issued under this section the reasons for and Game, and Alaska Native granting the waiver. representatives. The rulemaking is April 11, 2007 72 FR 18318 (1) FRA reserves the right to reopen necessary because the regulations any docket and reconsider any decision March 14, 2008 73 FR 13788 governing the subsistence harvest of made pursuant to these emergency migratory birds in Alaska are subject to procedures based upon its own These documents, which are all final annual review. This rulemaking initiative or based upon information or rules setting forth the annual harvest establishes region-specific regulations comments otherwise received. regulations, are available at http:// that go into effect on the date of (2) FRA decision letters, either alaska.fws.gov/ambcc/regulations.htm. publication in the Federal Register and granting or denying a petition, will be expire on August 31, 2009. Who Is Eligible To Hunt Under These posted in the appropriate ERD and will Regulations? reference the document number of the DATES: The amendments to subpart D of petition to which it relates. 50 CFR part 92 are effective May 19, Eligibility to harvest under the (3) A waiver under this section may 2009, through August 31, 2009. regulations established in 2003 was be issued for a period of not more that FOR FURTHER INFORMATION CONTACT: Fred limited to permanent residents, 60 days and may be renewed upon Armstrong, (907) 786-3887, or regardless of race, in villages located VerDate Nov<24>2008 15:21 May 18, 2009 Jkt 217001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\19MYR1.SGM 19MYR1 erowe on PROD1PC63 with RULES Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Rules and Regulations 23337 within the Alaska Peninsula, Kodiak additional protection for threatened Aleutian and Arctic Terns Archipelago, the Aleutian Islands, and spectacled and Steller’s eiders. Finally, We are opening a season May 15–June in areas north and west of the Alaska we have an emergency closure provision 30 for harvesting Aleutian and arctic Range (50 CFR 92.5). These geographical (50 CFR 92.21) which specifies that the tern eggs in the Yakutat Harvest area, restrictions opened the initial harvest may be closed or temporarily from Icy Bay (Icy Cape to Point Riou) subsistence migratory bird harvest to suspended upon a finding that a and the coastal islands bordering the only about 13 percent of Alaska continuation of the regulation allowing Gulf of Alaska from Point Manby residents. High-population areas such as the harvest would pose an imminent southeast to and including Dry Bay. The Anchorage, the Matanuska-Susitna and threat to the conservation of any Yakutat Tlingit Tribe requested this Fairbanks North Star boroughs, the endangered or threatened species or proposal, stating that this regulation Kenai Peninsula roaded area, the Gulf of other migratory bird population. would legalize a traditional gathering of Alaska roaded area, and Southeast With regard to Steller’s eiders, the tern eggs that has occurred for hundreds Alaska were excluded from the eligible new regulation at 50 CFR 92.32 clarifies of years. The Tlingit refer to the terns as subsistence harvest areas. that we will take action under 50 CFR Based on petitions requesting ‘‘sea pigeons’’ and gather eggs for 92.21 as is necessary to prevent further sustenance during the salmon fishing inclusion in the harvest, in 2004, we take of Steller’s eiders, which could added 13 additional communities based season. ‘‘Pigeon eggs’’ are considered a include temporary or long-term closures highly desired food by many Native on criteria set forth in 50 CFR 92.5(c). of the harvest in all or a portion of the These communities were Gulkana, households in Yakutat. Harvested eggs geographic area open to harvest. If are shared extensively throughout the Gakona, Tazlina, Copper Center, mortality of threatened eiders occurs, Mentasta Lake, Chitina, Chistochina, community and especially with local we will evaluate each mortality event by Native elders. The Yakutat Tlingit Tribe Tatitlek, Chenega, Port Graham, criteria such as: cause, quantity, sex, Nanwalek, Tyonek, and Hoonah, with a has agreed to monitor the harvest of tern age, location, and date. We will consult eggs and this summer will conduct a combined population of 2,766. In 2005, the Co-management Council when an we added three additional communities recall survey of the spring harvest. The emergency closure is being considered. Yakutat Ranger Station, U.S. Forest for glaucous-winged gull egg gathering Any emergency closure deemed only, based on petitions requesting Service, in cooperation with the necessary will be designed to minimize Service’s Alaska Office of Migratory inclusion. These southeastern its impact on the subsistence harvest. communities were Craig, Hydaburg, and Bird Management is developing Yakutat, with a combined population of What Is Different in the Region-Specific methods for monitoring the Aleutian 2,459. Regulations for 2009? and arctic tern populations in the Yakutat area. Work on this project is In 2007, we enacted the Alaska Yellow-billed Loons Department of Fish and Game’s request under way.