Rule2022-13403
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2022 Season
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 29, 2022
Effective
June 29, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
The U.S. Fish and Wildlife Service (FWS, Service, or we) is revising the migratory bird subsistence harvest regulations in Alaska. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The changes update the regulations to incorporate revisions requested by these partners.
Full Text
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<title>Federal Register, Volume 87 Issue 124 (Wednesday, June 29, 2022)</title>
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[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Rules and Regulations]
[Pages 38669-38673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13403]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2021-0172; FXMB12610700000-201-FF07M01000]
RIN 1018-BF65
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations
for Migratory Birds in Alaska During the 2022 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (FWS, Service, or we) is
revising the migratory bird subsistence harvest regulations in Alaska.
These regulations allow for the continuation of customary and
traditional subsistence uses of migratory birds in Alaska and prescribe
regional information on when and where the harvesting of birds may
occur. These regulations were developed under a co-management process
involving the Service, the Alaska Department of Fish and Game, and
Alaska Native representatives. The changes update the regulations to
incorporate revisions requested by these partners.
DATES: This rule is effective June 29, 2022.
ADDRESSES: You may find the comments submitted on the proposed rule as
well as supplementary materials for this rulemaking action at the
Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No.
FWS-R7-MB-2021-0172.
FOR FURTHER INFORMATION CONTACT: Eric J. Taylor, U.S. Fish and Wildlife
Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
903-7210. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of 1918 (MBTA, 16 U.S.C. 703 et seq.)
was enacted to conserve certain species of migratory birds and gives
the Secretary of the Interior the authority to regulate the harvest of
these birds. The law further authorizes the Secretary to issue
regulations to ensure that the indigenous inhabitants of the State of
Alaska may take migratory birds and collect their eggs for nutritional
and other essential needs during seasons established by the Secretary
so as to provide for the preservation and maintenance of stocks of
migratory birds (16 U.S.C. 712(1)).
The take of migratory birds for subsistence uses in Alaska occurs
during the spring and summer, during which timeframe when the annual
fall/winter harvest of migratory birds is not allowed. Regulations
governing the subsistence harvest of migratory birds in Alaska are
located in title 50 of the Code of Federal Regulations (CFR) in part
92. These regulations allow for the continuation of customary and
traditional subsistence uses of migratory birds and prescribe regional
information on when and where the harvesting of birds in Alaska may
occur.
The migratory bird subsistence harvest regulations are developed
cooperatively. The Alaska Migratory Bird Co-Management Council (Council
or AMBCC) consists of the U.S. Fish and Wildlife Service, the Alaska
Department of Fish and Game (ADFG), and representatives of Alaska's
Native population. The Council's primary purpose is to develop
recommendations pertaining to the subsistence harvest of migratory
birds.
The Council generally holds an annual spring meeting to develop
recommendations for migratory bird subsistence-harvest regulations in
Alaska that would take effect in the spring of the next year. In 2021,
the in-person spring meeting did not occur due to the coronavirus
pandemic. Instead, the Council met virtually via teleconference on
April 5, 2021, to approve subsistence harvest regulations that would
take effect during the 2022 harvest season. The Council's
recommendations were presented to the Pacific Flyway Council for review
and subsequent submission to the Service Regulations Committee (SRC)
for approval at the SRC meeting on September 28 and 29, 2021.
Comments Received on the Proposed Rule
Per the collaborative process described above, we published a
proposed rule to update the regulations for the taking of migratory
birds for subsistence uses in Alaska during the spring and summer (87
FR 14232, March 14, 2022). By the end of the comment period on the
proposed rule, we received two comments. We hereby respond to the
relevant issues that were raised in the public input. We made no
changes to the proposed rule as a result of the input we received via
the public comments (see Final Regulations, below, for more
information).
Issue: One commenter expressed the following sentiments: (i)
migratory birds are endangered; (ii) the proposed rule would allow the
killing of endangered species; (iii) subsistence harvest of migratory
birds is not necessary because subsistence harvesters can survive on
food that does not come from animals; (iv) by killing healthy animals,
other species take over resources and disrupt the ecosystem; and (v)
migratory birds should be protected.
Response: Migratory birds open for harvest during the spring/summer
subsistence season in Alaska do not include threatened or endangered
species. Annual harvest surveys show that species protected by the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.), are not harvested by subsistence hunters. The Service conducted
an intra-agency consultation and determined that this rule complies
with the ESA (see Endangered Species Act Consideration, below, for more
information). The Service agrees that subsistence hunters harvest
healthy migratory birds; however, there is no evidence that this
harvest results in other wildlife species taking food, habitat, or
other resources to the detriment of the ecosystem. The comment that
people can survive on food that is not animal-based is true; however,
the spring/summer migratory bird subsistence harvest in Alaska is of
[[Page 38670]]
cultural, traditional, and nutritional importance to Alaska Native
peoples and other rural Alaskans. The Service conducts annual
population and harvest surveys of migratory birds and establishes
hunting regulations to ensure the sustainability of migratory bird
populations and that harvest does not result in species becoming
vulnerable or any disruptions to the ecosystem.
Issue: A commenter inquired about (i) the boundaries of the
Kachemak Bay State Wilderness Park; (ii) use of quota sampling as a
survey method to estimate subsistence harvest; and (iii) how these
regulations may modernize existing rules and commitments.
Response: The Service revised the previously vague boundaries of
the harvest area for the Villages of Nanwalek and Port Graham by
referencing specific waypoints, lines of longitude, and boundaries of
Game Management Units to define an exact map location. The harvest area
includes parts of the Kachemak Bay State Park and Kachemak Bay State
Wilderness Park; further, some of the waypoints and boundaries occur at
the head of Kachemak Bay at the Fox River Flats in tidal/mud flats and
marshland. The boundary occurs in this tidal flat area because the
previous definition included the boundary as the ``mouth of Fox
River.'' Given the vagueness of the phrase ``mouth of Fox River'' in a
tidal mud flat, the Service selected a specific latitude/longitude to
better define the boundary. The Service now defines the boundary as
``the north bank of the Fox River [59[deg]48'57'' N; 150[deg]58'44''
W].''
The commenter also recommended the Service consider quota sampling
to provide timely and accurate harvest information. Quota sampling is a
method for selecting survey participants on a non-random basis, i.e.,
all members of the population do not have an equal chance of being
selected to be a part of the sample group. Because quota sampling does
not select sample units with a known inclusion probability and all
units of the population do not have a known sample probability, the
method can be unreliable. Because the non-random element of quota
sampling is a source of uncertainty about the nature of the actual
sample, the Service believes alternative sampling methods are preferred
over quota sampling. Finally, the proposed changes to the regulations
will allow publication of maps that are accurate and reproducible into
the future and interpretable by subsistence hunters and law enforcement
officials.
Final Regulations
We are making no changes to the regulatory revisions in our March
14, 2022, proposed rule (87 FR 14232) as a result of the input we
received via the public comments.
The rule sets forth the same subsistence harvest regulations in
subpart D, Annual Regulations Governing Subsistence Harvest, as those
from the 2021 subsistence harvest seasons (see 86 FR 11707, February
26, 2021; 86 FR 20311, April 19, 2021) with five clarifications:
Revisions to Subpart A
In part 92, subpart A (general provisions), we clarify the
regulations defining excluded areas, which are those areas that are
closed to subsistence harvest.
First, we clarify that subsistence hunters whose communities
petitioned successfully to be added to the list of included areas
appearing at 50 CFR 92.5(a)(2) may harvest migratory birds within the
entirety of the subsistence harvest areas designated for their
community, including portions of harvest areas that occur within
designated excluded areas.
For example, portions of the subsistence harvest areas selected by
communities in the Upper Copper River Region listed as eligible under
50 CFR 92.5(a)(2)(i) occur within the Matanuska-Susitna Borough, an
excluded area that is otherwise closed to harvest (50 CFR 92.5(b)(2)).
The regulations do not specify that these portions of designated
harvest areas that occur in excluded areas are, in fact, open to
subsistence hunting. To address this issue, we amended 50 CFR 92.5(b)
to make an exception to harvest closures in those portions of excluded
areas that fall within subsistence harvest areas designated for
specific communities that petitioned to be listed as eligible for
participation in the spring/summer subsistence hunt (50 CFR
92.5(a)(2)).
This exception would not apply to subsistence harvest areas that
have been generally designated for regions (e.g., Bering Strait Norton
Sound Region) or subregions (e.g., Bering Strait Norton Sound Stebbins/
St. Michael Area) listed as included areas at 50 CFR 92.5(a).
Second, to clarify the boundaries of areas that are closed to
subsistence harvest, we address an apparent inconsistency in some terms
used in part 92. The regulations governing subsistence harvest of
migratory birds were set forth August 16, 2002 (67 FR 53511). That rule
defined the term ``village'' at 50 CFR 92.4 and also set forth
provisions regarding areas that are excluded from eligibility to
participate in the subsistence harvest of migratory birds. Under 50 CFR
92.5(b)(2), excluded areas include ``[v]illage areas'' located in
Anchorage, the Matanuska-Susitna Borough, the Kenai Peninsula roaded
area, the Gulf of Alaska roaded area, Southeast Alaska, and the Central
Interior Excluded Area. The definition of ``village'' at 50 CFR 92.4
and use of the term ``village areas'' at 50 CFR 92.5(b)(2) to describe
excluded areas has created confusion in determining the boundaries of
closed areas. We never intended for the excluded areas set forth at 50
CFR 92.5(b)(2) to be only those portions of those areas that meet the
definition of ``village'' at 50 CFR 92.4. Therefore, we remove the term
``village areas'' from 50 CFR 92.5(b)(2) to clarify that excluded areas
are closed to harvest in their entirety, except those portions that
occur within a harvest area that has been designated for a specific
community.
Third, we clarify the language defining boundaries of the excluded
areas of the Kenai Peninsula roaded area and the Gulf of Alaska roaded
area. The geographic boundaries of the Kenai Peninsula roaded area and
the Gulf of Alaska roaded area are undefined in the regulations, making
the development of usable hunt maps imprecise and ambiguous. The
changes to the regulations would allow publication of maps that are
accurate and reproducible into the future and interpretable by
subsistence hunters and law enforcement officials.
Finally, we are including a needed administrative correction. The
Chugach Community of Cordova should have been included in the list of
included areas for the Gulf of Alaska region in subpart A following
Council action in 2014. The omission of this community from the
regulations was the result of an inadvertent oversight. The Chugach
Community of Cordova does appropriately appear in the regulations for
eligible subsistence-harvest areas in 50 CFR 92.31(j)(2). Therefore, we
are adding the Chugach Community of Cordova to the current list of
included areas in 50 CFR 92.5(a)(2)(ii). Similarly, we are clarifying
that the Central Interior Excluded Area includes the Fairbanks North
Star Borough.
These revisions to the regulations in subpart A are not anticipated
to result in a significant increase in harvest of birds and eggs
because spring and summer subsistence practices likely occur in these
areas at the present time.
Revisions to Subpart D
In 50 CFR 92.31, we clarify the designated harvest area boundaries
for
[[Page 38671]]
the communities of Port Graham and Nanwalek in the Gulf of Alaska
Region and for the community of Tyonek in the Cook Inlet Region.
Current harvest area definitions in the regulations for these
communities are incomplete (that is, they do not describe a complete
polygon), and only partially define the boundaries of the harvest
areas. The revisions would allow publication of maps that are accurate
and reproducible into the future and provide a clear definition of the
harvest areas designated for the communities that subsistence hunters
and law enforcement officials can interpret and follow in the field.
Compliance With the MBTA and the Endangered Species Act
The Service has dual objectives and responsibilities for
authorizing a subsistence harvest while protecting migratory birds and
threatened species. Although these objectives continue to be
challenging, they are not irreconcilable, provided that: (1)
regulations continue to protect threatened species, (2) measures to
address documented threats are implemented, and (3) the subsistence
community and other conservation partners commit to working together.
Mortality, sickness, and poisoning from lead exposure have been
documented in many waterfowl species, including threatened spectacled
eiders (Somateria fischeri) and the Alaska-breeding population of
Steller's eiders (Polysticta stelleri). While lead shot has been banned
nationally for waterfowl hunting since 1991, Service staff have
documented the availability of lead shot in waterfowl rounds for sale
in communities on the Yukon-Kuskokwim Delta and North Slope. The
Service will work with partners to increase our education, outreach,
and enforcement efforts to ensure that subsistence waterfowl hunting is
conducted using nontoxic shot.
Conservation Under the MBTA
We have monitored subsistence harvest for the past 25 years through
the use of household surveys in the most heavily used subsistence
harvest areas, such as the Yukon-Kuskokwim Delta. Based on our
monitoring of the migratory bird species and populations taken for
subsistence, we find that this rule will provide for the preservation
and maintenance of migratory bird stocks as required by the MBTA.
Communication and coordination between the Service, the AMBCC, and the
Pacific Flyway Council have allowed us to set harvest regulations to
ensure the long-term viability of the migratory bird stocks.
Endangered Species Act Consideration
Spectacled eiders and the Alaska-breeding population of Steller's
eiders are listed as threatened species under the ESA. Their migration
and breeding distributions overlap with areas where the spring and
summer subsistence migratory bird hunt is open in Alaska. Neither
species is included in the list of subsistence migratory bird species
at 50 CFR 92.22; therefore, both species are closed to subsistence
harvest. Under 50 CFR 92.21 and 92.32, the Service may implement
emergency closures, if necessary, to protect Steller's eiders or any
other endangered or threatened species or migratory bird population.
Section 7 of the ESA requires the Secretary of the Interior to
review other programs administered by the Department of the Interior
and utilize such programs in furtherance of the purposes of the ESA.
The Secretary is further required to insure that any action authorized,
funded, or carried out by the Department of the Interior is not likely
to jeopardize the continued existence of any endangered species or
threatened species or result in the destruction or adverse modification
of critical habitat.
The Service's Alaska Region Migratory Bird Management Program
conducted an intra-agency consultation with the Service's Fairbanks
Fish and Wildlife Field Office. The consultation was completed with a
biological opinion issued on March 15, 2022, that concluded these
rulemaking actions are not likely to jeopardize the continued existence
of endangered or threatened species or result in the destruction or
adverse modification of designated critical habitat. Therefore, we have
determined that this rule complies with the ESA.
Immediate Effective Date
This rule takes effect on the date set forth above in DATES.
Delaying the effective date for 30 days would have detrimental effects
on Alaskans seeking to conduct subsistence harvest of migratory birds.
To respect the subsistence hunt of many rural Alaskans, either for
their cultural or religious exercise, sustenance, and/or materials for
cultural use (e.g., handicrafts), the Department of the Interior finds
that it is in the public interest to make this rule effective as soon
as possible. For these reasons, we find that ``good cause'' exists
within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure
Act and under the authority of the Migratory Bird Treaty Act (July 3,
1918), as amended (16 U.S.C. 703 et seq.), to make this rule take
effect immediately upon publication in the Federal Register.
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act
The Department of the Interior certifies that this rule will not
have a significant economic impact on a substantial number of small
entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). A regulatory flexibility analysis is not required.
Accordingly, a small entity compliance guide is not required. This rule
would legalize a preexisting subsistence activity, and the resources
harvested will be consumed.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Would not have an annual effect on the economy of $100 million
or more. It would legalize and regulate a traditional subsistence
activity. It would not result in a substantial increase in subsistence
harvest or a significant change in harvesting patterns. The commodities
that would be regulated under this rule are migratory birds. This rule
deals with legalizing the subsistence harvest of migratory birds
[[Page 38672]]
and, as such, does not involve commodities traded in the marketplace. A
small economic benefit from this rule would derive from the sale of
equipment and ammunition to carry out subsistence hunting. Most, if not
all, businesses that sell hunting equipment in rural Alaska qualify as
small businesses. We have no reason to believe that this rule would
lead to a disproportionate distribution of benefits.
(b) Would not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule does not deal with traded
commodities and, therefore, would not have an impact on prices for
consumers.
(c) Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rule deals with the harvesting of wildlife for personal consumption. It
would not regulate the marketplace in any way to generate substantial
effects on the economy or the ability of businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this rule would not impose a cost of
$100 million or more in any given year on local, State, or Tribal
governments or private entities. The rule would not have a significant
or unique effect on local, State, or Tribal governments or the private
sector. A statement containing the information required by the Unfunded
Mandates Reform Act is not required. Participation on regional
management bodies and the Council requires travel expenses for some
Alaska Native organizations and local governments. In addition, they
assume some expenses related to coordinating involvement of village
councils in the regulatory process. Total coordination and travel
expenses for all Alaska Native organizations are estimated to be less
than $300,000 per year. In a notice of decision (65 FR 16405; March 28,
2000), we identified 7 to 12 partner organizations (Alaska Native
nonprofits and local governments) to administer the regional programs.
The ADFG also incurs expenses for travel to Council and regional
management body meetings. In addition, the State of Alaska would be
required to provide technical staff support to each of the regional
management bodies and to the Council. Expenses for the State's
involvement may exceed $100,000 per year but should not exceed $150,000
per year. When funding permits, we make annual grant agreements
available to the partner organizations and the ADFG to help offset
their expenses.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this rule would not
have significant takings implications. This rule is not specific to
particular land ownership, but instead applies to the harvesting of
migratory bird resources throughout Alaska. A takings implication
assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in Executive Order 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. We discuss effects of this rule on
the State of Alaska in the Unfunded Mandates Reform Act section, above.
We worked with the State of Alaska to develop these regulations.
Therefore, a federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
The Department, in promulgating this rule, has determined that it
would not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
Government-to-Government Relations With Native American Tribal
Governments
Consistent with Executive Order 13175 (65 FR 67249; November 9,
2000), ``Consultation and Coordination with Indian Tribal
Governments,'' and Department of the Interior policy on Consultation
with Indian Tribes (December 1, 2011), we sent letters via electronic
mail to all 229 Alaska federally recognized Indian Tribes. Consistent
with Congressional direction (Pub. L. 108-199, div. H, Sec. 161, Jan.
23, 2004, 118 Stat. 452, as amended by Public Law 108-447, div. H,
title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also sent letters
to approximately 200 Alaska Native corporations and other Tribal
entities in Alaska soliciting their input as to whether or not they
would like the Service to consult with them on the 2022 migratory bird
subsistence harvest regulations.
We implemented the amended treaty with Canada with a focus on local
involvement. The treaty calls for the creation of management bodies to
ensure an effective and meaningful role for Alaska's indigenous
inhabitants in the conservation of migratory birds. According to the
Letter of Submittal, management bodies are to include Alaska Native,
Federal, and State of Alaska representatives as equals. They develop
recommendations for, among other things: seasons and bag limits,
methods and means of take, law enforcement policies, population and
harvest monitoring, educational programs, research and use of
traditional knowledge, and habitat protection. The management bodies
involve village councils to the maximum extent possible in all aspects
of management. To ensure maximum input at the village level, we
required each of the 11 participating regions to create regional
management bodies consisting of at least one representative from the
participating villages. The regional management bodies meet twice
annually to review and/or submit proposals to the statewide body.
Paperwork Reduction Act of 1995 (PRA)
This rule does not contain any new collection of information that
requires approval by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number. OMB has previously approved the information collection
requirements associated with subsistence harvest reporting and assigned
the following OMB control numbers:
<bullet> Alaska Migratory Bird Subsistence Harvest Household
Survey, OMB Control Number 1018-0124 (expires 04/30/2024), and
<bullet> Regulations for the Taking of Migratory Birds for
Subsistence Uses in Alaska, 50 CFR part 92, OMB Control Number 1018-
0178 (expires 04/30/2024).
National Environmental Policy Act Consideration (42 U.S.C. 4321 et
seq.)
The annual regulations and options are considered in the January
2022 Environmental Assessment, ``Managing Migratory Bird Subsistence
Hunting in Alaska: Hunting Regulations for the 2022 Spring/Summer
Harvest.'' Copies are available from the person listed under FOR
FURTHER INFORMATION CONTACT or at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Energy Supply, Distribution, or Use (Executive Order 13211)
Executive Order 13211 requires agencies to prepare statements of
energy effects when undertaking certain
[[Page 38673]]
actions. This is not a significant regulatory action under this
Executive order; it allows only for traditional subsistence harvest and
improves conservation of migratory birds by allowing effective
regulation of this harvest. Further, this rule is not expected to
significantly affect energy supplies, distribution, or use. Therefore,
this action is not a significant energy action under Executive Order
13211, and a statement of energy effects is not required.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, we amend 50 CFR part 92 as
set forth below:
PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA
0
1. The authority citation for part 92 continues to read as follows:
Authority: 16 U.S.C. 703-712.
0
2. Amend Sec. 92.5 by:
0
a. Revising paragraph (a)(2)(ii), the first sentence of paragraph (b)
introductory text, and paragraphs (b)(2) and (3); and
0
b. Adding paragraphs (b)(4) and (5).
The revisions and additions read as follows:
Sec. 92.5 Who is eligible to participate?
* * * * *
(a) * * *
(2) * * *
(ii) Gulf of Alaska Region--Chugach Community of Chenega, Chugach
Community of Cordova, Chugach Community of Nanwalek, Chugach Community
of Port Graham, and Chugach Community of Tatitlek.
* * * * *
(b) Excluded areas. Excluded areas are not subsistence harvest
areas and are closed to harvest, with the exception of any portion of
an excluded area that falls within a harvest area that has been
designated for a specific community under paragraph (a)(2) of this
section. * * *
* * * * *
(2) The Municipality of Anchorage, the Matanuska-Susitna Borough,
the Kenai Peninsula roaded area (as described in paragraph (b)(3) of
this section), the Gulf of Alaska roaded area (as described in
paragraph (b)(4) of this section), Southeast Alaska, and the Central
Interior Excluded Area (as described in paragraph (b)(5) of this
section) do not qualify for a spring and summer harvest.
(3) The Kenai Peninsula roaded area comprises the following: Game
Management Unit (Unit) 7, Unit 15(A), Unit 15(B), and that portion of
Unit 15(C) east and north of a line beginning at the northern boundary
of Unit 15(C) and mouth of the Kasilof River at 60[deg]23'19'' N;
151[deg]18'37'' W, extending south along the coastline of Cook Inlet to
Bluff Point (59[deg]40'00'' N), then south along longitude line
151[deg]41'48'' W to latitude 59[deg]35'56'' N, then east to the tip of
Homer Spit (excluding any land of the Homer Spit), then northeast to
the north bank of Fox River (59[deg]48'57'' N; 150[deg]58'44'' W), and
then east to the eastern boundary of Unit 15(C) at 150[deg]19'59'' W.
(4) The Gulf of Alaska roaded area comprises the incorporated city
boundaries of Valdez and Whittier, Alaska.
(5) The Central Interior Excluded Area comprises the following: The
Fairbanks North Star Borough and that portion of Unit 20(A) east of the
Wood River drainage and south of Rex Trail, including the upper Wood
River drainage south of its confluence with Chicken Creek; that portion
of Unit 20(C) east of Denali National Park north to Rock Creek and east
to Unit 20(A); and that portion of Unit 20(D) west of the Tanana River
between its confluence with the Johnson and Delta Rivers, west of the
east bank of the Johnson River, and north and west of the Volkmar
drainage, including the Goodpaster River drainage. The following
communities are within the Excluded Area: Delta Junction/Big Delta/Fort
Greely, McKinley Park/Village, Healy, Ferry, and all residents of the
formerly named Fairbanks North Star Borough Excluded Area.
* * * * *
0
3. Amend Sec. 92.31 by revising paragraphs (j)(3) introductory text
and (k)(1) to read as follows:
Sec. 92.31 Region-specific regulations.
* * * * *
(j) * * *
(3) Kachemak Bay Area (Harvest area: That portion of Game
Management Unit [Unit] 15[C] west and south of a line beginning at the
northern boundary of Unit 15[C] and mouth of the Kasilof River at
60[deg]23'19'' N; 151[deg]18'37'' W, extending south along the
coastline of Cook Inlet to Bluff Point [59[deg]40'00'' N], then south
along longitude line 151[deg]41'48'' W to latitude 59[deg]35'56'' N,
then east to the tip of Homer Spit [excluding any land of the Homer
Spit], then northeast to the north bank of the Fox River
[59[deg]48'57'' N; 150[deg]58'44'' W], and then east to the eastern
boundary of Unit 15[C] at 150[deg]19'59'' W) (Eligible Chugach
Communities: Port Graham, Nanwalek):
* * * * *
(k) * * *
(1) Season: April 2-May 31--That portion of Game Management Unit
16(B) west of the east bank of the Yentna River, south of the north
bank of the Skwentna River, and south of the north bank of Portage
Creek to the boundary of Game Management Unit 16(B) at Portage Pass;
and August 1-31--That portion of Game Management Unit 16(B) west of
longitude line 150[deg]56' W, south of the north banks of the Beluga
River and Beluga Lake, then south of latitude line 61[deg]26'08'' N.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-13403 Filed 6-28-22; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on June 29, 2022.
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