50 CFR § 92.1 - 92.32 - Migratory Bird Subsistence Harvest in Alaska

707 U.S. Fish and Wildlife Serv., Interior § 92.4 will forfeit contest eligibility for three successive contests. [72 FR 6488, Feb. 12, 2007] PART 92—MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA Subpart A—General Provisions Sec. 92.1 Purpose of regulations. 92.2 Authority. 92.3 Applicability and scope. 92.4 Definitions. 92.5 Who is eligible to participate? 92.6 Use and possession of migratory birds. 92.7–92.9 [Reserved] Subpart B—Program Structure 92.10 Alaska Migratory Bird Co-manage ment Council. 92.11 Regional management areas. 92.12 Relationship to the process for devel oping national hunting regulations for migratory game birds. 92.13–92.19 [Reserved] Subpart C—General Regulations Governing Subsistence Harvest 92.20 Methods and means. 92.21 Emergency closures. 92.22 Subsistence migratory bird species. 92.23–92.29 [Reserved] Subpart D—Annual Regulations Governing Subsistence Harvest 92.30 General overview of regulations. 92.31 Region-specific regulations. 92.32 Emergency regulations to protect Steller’s eiders. 92.33–92.39 [Reserved] AUTHORITY: 16 U.S.C. 703–712. SOURCE: 67 FR 53517, Aug. 16, 2002, unless otherwise noted. Subpart A—General Provisions § 92.1 Purpose of regulations. The regulations in this part imple ment the Alaska migratory bird sub sistence program as provided for in Ar ticle II(4)(b) of the 1916 Convention for the Protection of Migratory Birds in Canada and the United States (the ‘‘Canada Treaty’’), as amended. § 92.2 Authority. The Secretary of the Interior issues the regulations in this part under the authority granted to the Secretary by the Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703–712. § 92.3 Applicability and scope. (a) In general. The regulations in this part apply to all eligible persons har vesting migratory birds and their eggs for subsistence purposes in Alaska be tween the dates of March 10 and Sep tember 1. The provisions in this part do not replace or alter the regulations set forth in part 20 of this chapter, which relate to the hunting of migratory game birds and crows during the reg ular open season from September 1 through March 10. The provisions set forth in this part implement the excep tion to the closed season, which au thorizes the taking of migratory birds in Alaska for subsistence purposes be tween March 10 and September 1. (b) Land ownership. This part does not alter the legal authorities of Fed eral and State land managing agencies or the legal rights of private land own ers to close their respective lands to the taking of migratory birds. (c) Federal public lands. The provi sions of this part are in addition to, and do not supersede, any other provi sion of law or regulation pertaining to national wildlife refuges or other feder ally managed lands. (d) Migratory bird permits. The provi sions of this part do not alter the terms of any permit or other author ization issued pursuant to part 21 of this chapter. (e) State laws for the protection of mi gratory birds. No statute or regulation of the State of Alaska relieves a person from the restrictions, conditions, and requirements contained in this part. Nothing in this part, however, prevents the State of Alaska from making and enforcing laws or regulations that are consistent with the regulations in this part, the conventions between the United States and any foreign country for the protection of migratory birds, and the Migratory Bird Treaty Act, and that give further protection to mi gratory birds. § 92.4 Definitions. The following definitions apply to all regulations contained in this part: VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00717 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 708 50 CFR Ch. I (10–1–22 Edition) § 92.4 Alaska Native means the same as ‘‘Native,’’ defined in section 3(b) of the Alaska Native Claims Settlement Act, 16 U.S.C. 1602(b). Authentic Native article of handicraft or clothing means any item created by an Alaska Native to which inedible parts of migratory birds authorized for use in handicrafts or clothing are in corporated and which is fashioned by hand, or with limited use of machines, provided no mass production occurs. Closure means the season is closed to all forms of harvest, including hunting and egg gathering, unless specified oth erwise. Co-management Council means the Alaska Migratory Bird Co-management Council, consisting of Alaska Native, Federal, and State of Alaska represent atives as equals. Edible meat means the meat from the breast, back, thighs, legs, wings, giz zard, and heart. The head, neck, feet, other internal organs, and skin are considered inedible byproducts, and not edible meat, for all provisions of this part. Eligible person means an individual within the State of Alaska who quali fies to harvest migratory birds and their eggs for subsistence purposes dur ing the spring and summer. Excluded areas are defined in § 92.5. Flyway Council means the Atlantic, Mississippi, Central, or Pacific Flyway Council. Game Management Unit, also referred to simply as Unit, means 1 of the 26 geographical areas listed in the codi fied State of Alaska hunting and trap ping regulations and on maps of the Alaska State Game Management Units. Immediate family means spouse, chil dren, parents, grandchildren, grand parents, and siblings. Included areas are defined in § 92.5. Indigenous inhabitant means a perma nent resident of a village within a sub sistence harvest area, regardless of race. Migratory bird, for the purposes of this part, means the same as defined in § 10.12 of subchapter B of this chapter. Species eligible to harvest are listed in § 92.32. Migratory birds authorized for use in handicrafts or clothing means the spe cies of birds listed at § 92.6(b) that were taken for food in a nonwasteful manner during the Alaska subsistence-harvest season by an eligible person of an in cluded area. Native means the same as ‘‘Alaska Native’’ as defined in this section. Nonwasteful taking means making a reasonable effort to retrieve all birds killed or wounded, and retaining all ed ible meat until the birds have been transported to the location where they will be consumed, processed, or pre served as human food. Partner organization or regional part ner means a regional or local organiza tion, or a local or tribal government that has entered into a formal agree ment with the U.S. Fish and Wildlife Service for the purpose of coordinating the regional programs necessary to in volve subsistence hunters in the regu latory process described in this part. Permanent resident means any person whose primary, permanent home for the previous 12 months was within a subsistence harvest area in Alaska. Whenever absent from this primary, permanent home, the person has the intention of returning to it. Factors demonstrating a person’s primary, per manent home may include: an address listed on an Alaska Permanent Fund dividend application; an Alaska license to drive, hunt, fish, or engage in an ac tivity regulated by a government enti ty; voter registration; location of resi dences owned, rented, or leased; loca tion of stored household goods; the res idence of the person’s spouse, minor children, or dependents; tax docu ments; whether the person claims resi dence in another location for any pur pose; or status as a tribal member of a tribe in a subsistence harvest area. Sale by consignment means that an Alaska Native sends or supplies an au thentic Native article of handicraft or clothing to a person who sells the item for the Alaska Native. The consign ment seller need not be an Alaska Na tive and the Alaska Native craftsman retains ownership of the item and will receive money for the item when it is sold. Seabirds refers to all bird species list ed in § 92.32 within the families Alcidae, Laridae, Procellariidae, and Phalacrocoracidae. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00718 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 709 U.S. Fish and Wildlife Serv., Interior § 92.5 Service Regulations Committee means the Migratory Bird Regulations Com mittee of the U.S. Fish and Wildlife Service. Shorebirds refers to all bird species listed in § 92.32 within the families Charadriidae, Haematopodidae, and Scolopacidae. State means State of Alaska. Subsistence means the customary and traditional harvest or use of migratory birds and their eggs by eligible indige nous inhabitants for their own nutri tional and other essential needs. Subsistence harvest areas encompass customary and traditional hunting areas of villages in Alaska that qualify for a spring or summer subsistence har vest of migratory birds under this part. Taxidermy refers to birds preserved and mounted in lifelike representa tions. Taxidermy does not include pre serving bird parts to be integrated into traditional arts and crafts. Village is defined as a permanent set tlement with one or more year-round residents. Waterfowl refers to all bird species listed in § 92.32 within the family Anatidae. [67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003; 69 FR 17327, Apr. 2, 2004; 78 FR 11993, Feb. 21, 2013; 81 FR 18787, Apr. 1, 2016; 82 FR 34270, July 24, 2017] § 92.5 Who is eligible to participate? If you are a permanent resident of a village within a subsistence harvest area, you will be eligible to harvest mi gratory birds and their eggs for sub sistence purposes during the applicable periods specified in subpart D of this part. (a) Included areas. Village areas lo cated within the Alaska Peninsula, Ko diak Archipelago, the Aleutian Islands, or in areas north and west of the Alas ka Range are subsistence harvest areas, except that villages within these areas not meeting the criteria for a subsistence harvest area as identified in paragraph (c) of this section will be excluded from the spring and summer subsistence harvest. (1) Any person may request the Co management Council to recommend that an otherwise included area be ex cluded by submitting a petition stating how the area does not meet the criteria identified in paragraph (c) of this sec tion. The Co-management Council will forward petitions to the appropriate re gional management body. The Co-man agement Council will then consider each petition and will submit to the Service any recommendations to ex clude areas from the spring and sum mer subsistence harvest. The Service will publish any approved rec ommendations for public comment in the FEDERAL REGISTER. (2) Based on petitions for inclusion recommended by the Co-management Council, the Service has added the fol lowing communities to the included areas under this part: (i) Upper Copper River Region— Gulkana, Gakona, Tazlina, Copper Cen ter, Mentasta Lake, Chitina, Chistochina. (ii) Gulf of Alaska Region—Chugach Community of Chenega, Chugach Com munity of Cordova, Chugach Commu nity of Nanwalek, Chugach Community of Port Graham, and Chugach Commu nity of Tatitlek. (iii) Cook Inlet Region—Tyonek. (iv) Southeast Alaska Region— Hoonah, Craig, Hydaburg, and Yakutat. (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 commu nity under paragraph (a)(2) of this sec tion. Residents of excluded areas are not eligible persons as defined in § 92.4. Communities located within the ex cluded areas provided in paragraphs (b)(2) and (b)(3) of this section may pe tition the Co-management Council through their regional management body for designation as a spring and summer subsistence harvest area. The petition must state how the commu nity meets the criteria identified in paragraph (c) of this section. The Co management Council will consider each petition and will submit to the Service any recommendations to des ignate a community as a spring and summer subsistence harvest area. The Service will publish any approved new designations of communities for public comment in the FEDERAL REGISTER. Excluded areas consist of the following: (1) All areas outside of Alaska. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00719 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 710 50 CFR Ch. I (10–1–22 Edition) § 92.5 (2) The Municipality of Anchorage, the Matanuska-Susitna Borough, the Kenai Peninsula roaded area (as de scribed in paragraph (b)(3) of this sec tion), the Gulf of Alaska roaded area (as described in paragraph (b)(4) of this section), Southeast Alaska, and the Central Interior Excluded Area (as de scribed in paragraph (b)(5) of this sec tion) do not qualify for a spring and summer harvest. (3) The Kenai Peninsula roaded area comprises the following: Game Man agement 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°23′19″ N; 151°18′37″ W, extending south along the coastline of Cook Inlet to Bluff Point (59°40′00″ N), then south along longitude line 151°41′48″ W to lati tude 59°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°48′57″ N; 150°58′44″ W), and then east to the east ern boundary of Unit 15(C) at 150°19′59″ W. (4) The Gulf of Alaska roaded area comprises the incorporated city bound aries 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 fol lowing communities are within the Ex cluded 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. (c) Criteria for determining designation as a spring and summer subsistence har vest area. A previously excluded com munity may be included in the spring/ summer harvest regulations if rec ommended by the Alaska Migratory Bird Co-management Council. The Alaska Migratory Bird Co-management Council will recommend designation of subsistence harvest areas based on a deliberative process using the best available information on nutritional and cultural needs and customary and traditional use. The Alaska Migratory Bird Co-management Council rec ommendations will accommodate tra ditional spring and summer harvests without creating new traditions or in creasing harvest of migratory birds. Recommendations will be made based on the majority of factors and the weight of the evidence using the fol lowing criteria: (1) A pattern of use recurring in the spring and summer of each year prior to 1999, excluding interruptions by cir cumstances beyond the user’s control; (2) The consistent harvest and use of migratory birds on or near the user’s permanent residence; (3) A use pattern that includes the handing down of knowledge of hunting skills and values from generation to generation; (4) A use pattern in which migratory birds are shared or distributed among others within a definable community of persons; a community for purposes of subsistence uses may include specific villages or towns, with a historical pat tern of subsistence use; and (5) A use pattern that includes reli ance for subsistence purposes upon mi gratory birds or their eggs and that meets nutritional and other essential needs including, but not limited to, cultural, social, and economic ele ments of the subsistence way of life. (d) Participation by permanent resi dents of excluded areas. Immediate fam ily members who are residents of ex cluded areas may participate in the customary spring and summer subsist ence harvest in a community’s subsist ence area with permission of the Vil lage or Tribal council, whichever is ap propriate, to assist indigenous inhab itants in meeting their nutritional and other essential needs or for the teach ing of cultural knowledge using one of the following procedures: (1) A letter of invitation will be sent by the Tribal or village council to the VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00720 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 711 U.S. Fish and Wildlife Serv., Interior § 92.6 hunter with a copy to the Executive Director of the Co-management Coun cil, who will inform the Service’s Alas ka Region Law Enforcement Office and the Service’s Co-management Council Coordinator within 2 business days. The Service will then inform any af fected Federal agency when residents of excluded areas are allowed to par ticipate in the subsistence harvest within their Federal lands. (2) For the Upper Copper River Re gion, a permit may be issued by the Tribal Council or their authorized Tribal representative to the invited hunter certifying that the permit hold er is an immediate family member au thorized to assist eligible family mem bers in hunting migratory birds in the Tribe’s subsistence harvest area. A per mit is valid for 2 years from date of issuance. A list of permit holders will be sent to the Executive Director of the Co-management Council, who will inform the Service’s Alaska Region Of fice of Law Enforcement and the Serv ice’s Co-management Council Coordi nator within 2 business days. The Serv ice will then inform any affected Fed eral agency when residents of excluded areas are allowed to participate in the subsistence harvest within their Fed eral lands. [67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003; 69 FR 17327, Apr. 2, 2004; 70 FR 18248, Apr. 8, 2005; 72 FR 18322, Apr. 11, 2007; 79 FR 19458, Apr. 8, 2014; 86 FR 20318, Apr. 19, 2021; 87 FR 38673, June 29, 2022] § 92.6 Use and possession of migratory birds. You may not sell, offer for sale, pur chase, or offer to purchase migratory birds, their parts, or their eggs taken under this part, except as provided in this section. (a) Giving and receiving migratory birds. Under this part, you may take migratory birds for human consump tion only. Harvest and possession of migratory birds must be conducted using nonwasteful taking. Edible meat of migratory birds may be given to im mediate family members by eligible persons. Inedible byproducts of migra tory birds taken for food may be used for other purposes, except that taxi dermy is prohibited, and these byprod ucts may only be given to other eligi ble persons or Alaska Natives. (b) Authentic native articles of handi craft or clothing. (1) Under this section, authentic native articles of handicraft or clothing may be produced for sale only from the following bird species: (i) Tundra swan (Cygnus columbianus). (ii) Blue-winged teal (Anas discors). (iii) Redhead (Aythya americana). (iv) Ring-necked duck (Aythya collaris). (v) Greater scaup (Aythya marila). (vi) Lesser scaup (Aythya affinis). (vii) King eider (Somateria spectabilis). (viii) Common eider (Somateria mollissima). (ix) Surf scoter (Melanitta perspicillata). (x) White-winged scoter (Melanitta fusca). (xi) Barrow’s goldeneye (Bucephala islandica). (xii) Hooded merganser (Lophodytes cucullatus). (xiii) Pacific loon (Gavia pacifica). (xiv) Common loon (Gavia immer). (xv) Double-crested cormorant (Phalacrocorax auritus). (xvi) Black oystercatcher (Haematopus bachmani). (xvii) Lesser yellowlegs (Tringa flavipes). (xviii) Semipalmated sandpiper (Calidris semipalmatus). (xix) Western sandpiper (Calidris mauri). (xx) Wilson’s snipe (Gallinago delicata). (xxi) Bonaparte’s gull (Larus philadel phia). (xxii) Mew gull (Larus canus). (xxiii) Red-legged kittiwake (Rissa brevirostris). (xxiv) Arctic tern (Sterna paradisaea). (xxv) Black guillemot (Cepphus grylle). (xxvi) Cassin’s auklet (Ptychoramphus aleuticus). (xxvii) Great horned owl (Bubo virginianus). (2) Only Alaska Natives may sell or re-sell any authentic native article of handicraft or clothing that contains an inedible byproduct of a bird listed in paragraph (b)(1) of this section that was taken for food during the Alaska migratory bird subsistence harvest sea son. Eligibility under this paragraph VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00721 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 712 50 CFR Ch. I (10–1–22 Edition) §§ 92.7–92.9 (b)(2) can be shown by a Tribal Enroll ment Card, Bureau of Indian Affairs card, or membership in the Silver Hand program. All sales and transportation of sold items are restricted to within the United States. Each sold item must be accompanied by either a certifi cation (FWS Form 3–2484) signed by the artist or a Silver Hand insignia. Pur chasers must retain this documenta tion and produce it upon the request of a law enforcement officer. (3) Sales by consignment are allowed. Each consigned item must be accom panied by either a certification (FWS Form 3–2484) signed by the artist or Silver Hand insignia. All consignees, sellers, and purchasers must retain this documentation with each item and produce it upon the request of a law en forcement officer. All consignment sales are restricted to within the United States. (4) The Office of Management and Budget reviewed and approved the in formation collection requirements con tained in this section and assigned OMB Control No. 1018–0168. We use the information to monitor and enforce the regulations. We may not conduct or sponsor and you are not required to re spond to a collection of information unless it displays a currently valid OMB control number. You may send comments on the information collec tion requirements to the Information Collection Clearance Officer, U.S. Fish and Wildlife Service, at the address listed at 50 CFR 2.1(b). [82 FR 34270, July 24, 2017] §§ 92.7–92.9 [Reserved] Subpart B—Program Structure § 92.10 Alaska Migratory Bird Co-man agement Council. (a) Establishment. The U.S. Fish and Wildlife Service hereby establishes, as authorized by the Protocol amending the Canada Treaty, a statewide man agement body to be known as the Alas ka Migratory Bird Co-management Council. (b) Membership. The Co-management Council must include Alaska Native, Federal, and State of Alaska represent atives, as equals. (1) The Federal and State govern ments will each seat one representa tive. The Federal representative will be appointed by the Alaska Regional Di rector of the U.S. Fish and Wildlife Service, and the State representative will be appointed by the Commissioner of the Alaska Department of Fish and Game. Regional partner organizations may seat 1 representative from each of the 12 regions identified in § 92.11(a). (2) The Federal and State representa tives and the collective Native rep resentatives will each have one vote, for a total of three votes for the entire council. (c) Roles and responsibilities. The Co management Council is authorized to: (1) Hold public meetings for the pur pose of conducting business related to spring and summer subsistence harvest of migratory birds; (2) Develop recommendations for reg ulations governing the spring and sum mer subsistence harvest of migratory birds and their eggs; (3) Develop recommendations for, among other things, law enforcement policies, population and harvest moni toring, education programs, research and use of traditional knowledge, and habitat protection; (4) Develop procedures and criteria by which areas and communities can be determined to be eligible or ineligible for a spring/summer subsistence har vest; (5) Provide guidelines to the regional management bodies each year for for mulation of annual regulations; (6) Consolidate regional recommenda tions and resolve interregional dif ferences in order to prepare statewide recommendations; (7) Establish committees to gather or review data, develop plans for Co-man agement Council actions, and coordi nate programs with regional manage ment bodies; (8) Send regional representatives from the Co-management Council to meetings of the Pacific Flyway Council and to meetings of the other Flyway Councils as needed, and to meetings of the Service Regulations Committee; (9) Elect officers; and (10) Conduct other business as the Council may determine is necessary to accomplish its purpose. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00722 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 713 U.S. Fish and Wildlife Serv., Interior ยง 92.11 (d) Meetings. Meetings of the Co-man agement Council will be open to the public. The Co-management Council will: (1) Hold meetings at least twice an nually; (2) Conduct meetings in accordance with bylaws approved by the Co-man agement Council; (3) Provide an opportunity at each meeting for public comment; (4) Establish the dates, times, and lo cations of meetings; and (5) Maintain a written record of all meetings. (e) Staff support. Administrative sup port for the Co-management Council will be provided by the U.S. Fish and Wildlife Service and will include, but not be limited to: (1) Making arrangements for the meeting rooms and associated logistics related to Co-management Council meetings; (2) Preparing public notices announc ing Co-management Council meetings; (3) Maintaining records of discussions and actions taken by the Co-manage ment Council; (4) Coordinating with the Alaska De partment of Fish and Game to provide technical information needed by the Co-management Council for its delib erations; (5) Preparing documents and gath ering information needed by the Co management Council for its meetings; and (6) Preparing the annual subpart D regulations package recommended by the Co-management Council for sub mission to the flyway councils and the Service Regulations Committee. [67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003] ยง 92.11 Regional management areas. (a) Regions identified. To allow for maximum participation by residents of subsistence eligible areas, the Alaska Regional Director of the Service estab lished 12 geographic regions based on common subsistence resource use pat terns and the 12 Alaska Native regional corporation boundaries established under the Alaska Native Claims Settle ment Act. Despite using the Alaska Native regional corporation bound aries, we are not working directly with the regional corporations in this pro gram and are instead working with the Alaska Native nonprofit groups and local governments in those cor responding regions. You may obtain records and maps delineating the boundaries of the 12 regions from the U.S. Department of the Interior, Bu reau of Land Management, Alaska State Office, 222 West 7th Ave., No. 13, Anchorage, AK 99513. The regions are identified as follows: (1) Aleutian/Pribilof Islands; (2) Kodiak Archipelago; (3) Bristol Bay; (4) Yukon/Kuskokwim Delta; (5) Bering Strait/Norton Sound; (6) Northwest Arctic; (7) North Slope; (8) Interior; (9) Southeast; (10) Gulf of Alaska; (11) Upper Copper River; and (12) Cook Inlet. (b) Regional partnerships. The U.S. Fish and Wildlife Service will establish partner agreements with at least 1 partner organization in each of the 12 regions. The partner organization iden tified must be willing and able to co ordinate the regional program on be half of all subsistence hunters within that region. A regional partner will: (1) Organize or identify one or more management bodies within the region in which it is located. (2) Determine how the management body for the region should be orga nized, the manner in which it should function, its size, who serves on it, the length of terms, methods of involving subsistence users, and other related matters. (3) Coordinate regional meetings and the solicitation of proposals. (4) Ensure appointment of a person to represent the region by serving on the Co-management Council. If a region consists of more than one partner orga nization, each partner organization may appoint a member to sit on the Co-management Council. (5) Keep the residents of villages within the region informed of issues re lated to the subsistence harvest of mi gratory birds. (6) Work cooperatively with the U.S. Fish and Wildlife Service and the Alas ka Department of Fish and Game to VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00723 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 714 50 CFR Ch. I (10–1–22 Edition) § 92.12 gather harvest data, numbers of sub sistence users, and other management data and traditional knowledge for the benefit of the management bodies. (c) Regional management bodies. (1) Re gional management bodies must pro vide a forum for the collection and ex pression of opinions and recommenda tions regarding spring and summer subsistence harvesting of migratory birds. They must develop requests and recommendations from the region to be presented to the Co-management Coun cil for deliberation. They must provide for public participation in the meet ings at which recommendations and re quests are formulated. (2) Requests and recommendations to the Co-management Council may in volve seasons and bag limits, methods and means, law enforcement policies, population and harvest monitoring, education programs, research and use of traditional knowledge, habitat pro tection, and other concerns related to migratory bird subsistence programs. (3) Regional management bodies may be established specifically for the pur pose of carrying out the responsibil ities identified in this part, or they may be existing entities that can add these responsibilities to their existing duties. [67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003] § 92.12 Relationship to the process for developing national hunting regula tions for migratory game birds. (a) Flyway councils. (1) Proposed an nual regulations recommended by the Co-management Council will be sub mitted to all flyway councils for review and comment. The Council’s rec ommendations must be submitted prior to the SRC’s last regular meeting of the calendar year in order to be ap proved for spring/summer harvest be ginning March 11 of the following cal endar year. (2) Alaska Native representatives may be appointed by the Co-manage ment Council to attend meetings of one or more of the four flyway councils to discuss recommended regulations or other proposed management actions. (b) Service regulations committee. Pro posed annual regulations recommended by the Co-management Council will be submitted to the Service Regulations Committee for their review and rec ommendation to the Service Director. Following the Service Director’s re view and recommendation, the pro posals will be forwarded to the Depart ment of Interior for approval. Proposed annual regulations will then be pub lished in the FEDERAL REGISTER for public review and comment, similar to the annual migratory game bird hunt ing regulations (found in part 20 of this chapter). Final spring/summer regula tions for Alaska will be published in the FEDERAL REGISTER in the preceding Fall. §§ 92.13–92.19 [Reserved] Subpart C—General Regulations Governing Subsistence Harvest § 92.20 Methods and means. You may not use the following de vices and methods to harvest migra tory birds: (a) Swivel guns, shotguns larger than 10 gauge, punt guns, battery guns, ma chine guns, fish hooks, poisons, drugs, explosives, or stupefying substances; (b) Shooting from a sinkbox or any other type of low-floating device that affords the hunter a means of conceal ment beneath the surface of the water; (c) Hunting from any type of aircraft; (d) Taking waterfowl and other spe cies using live birds as decoys, except for auklets on Diomede and St. Law rence islands (Use of live birds as de coys is a customary and traditional means of harvesting auklets on Diomede and St. Lawrence islands.); (e) Hunting with the aid of recorded bird calls; (f) Using any type of vehicle, aircraft, or boat for the purpose of concen trating, driving, rallying, or stirring up of any migratory bird, except boats may be used to position a hunter; (g) Having in possession or using lead or other toxic shot while hunting (Ap proved nontoxic shot types are listed in § 20.21(j) of subchapter B.); (h) Shooting while on or across any road or highway; (i) Using an air boat (Interior and Bristol Bay Regions only) or jet ski (Interior Region only) for hunting or transporting hunters; VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00724 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 715 U.S. Fish and Wildlife Serv., Interior § 92.22 (j) Using private or chartered aircraft for hunting or transporting hunters, except for transportation between com munity airstrips (Unit 18, Yukon/ Kuskokwim Delta Region only); or (k) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited, as pro vided at 50 CFR 20.21(i) and 16 U.S.C. 704(b). [68 FR 43028, July 21, 2003, as amended at 69 FR 17327, Apr. 2, 2004; 70 FR 18248, Apr. 8, 2005; 71 FR 10408, Feb. 28, 2006; 72 FR 18323, Apr. 11, 2007] § 92.21 Emergency closures. (a) The Regional Director, after con sultation with the Co-management Council, may close or temporarily sus pend any regulation established under subparts C or D of this part: (1) Upon finding that a continuation of the regulation would pose an immi nent threat to the conservation of any endangered or threatened species or other migratory bird population; and (2) Upon issuance of local public no tice by such means as publication in local newspapers of general circula tion, posting of the areas affected, no tifying the State wildlife conservation agency, and announcement on the internet and local radio and television. (b) The Service will also announce any such closure or temporary suspen sion by publication of a notice in the FEDERAL REGISTER simultaneously with the local public notice referred to in paragraph (a)(2) of this section. How ever, in the event that publishing a FEDERAL REGISTER notice simulta neously with the local public notice is impractical, we will publish in the FEDERAL REGISTER as soon as possible after the steps outlined in paragraph (a) of this section are taken. (c) Any closure or temporary suspen sion under this section will be effective on the date of publication of the FED ERAL REGISTER notice; or if such notice is not published simultaneously with the notification methods described in paragraph (a) of this section, then on the date and at the time specified in the local notification to the public given under paragraph (a)(2) of this sec tion. Every notice of closure or tem porary suspension will include the date and time of the closing, the area or areas affected, and the species affected. In the case of a temporary suspension, the date and time when the harvest may be resumed will also be provided by local notification to the public and by publication in the FEDERAL REG ISTER as provided for in paragraphs (a) and (b) of this section. [68 FR 43028, July 21, 2003] § 92.22 Subsistence migratory bird spe cies. You may harvest birds or gather eggs from the following species, listed in taxonomic order, within all included areas except Southeast Alaska, which is restricted to Glaucous-winged gull egg harvesting only. When birds are listed at the species level, all sub species existing in Alaska are also open to harvest. All bird species not listed are closed to harvesting and egg gath ering. (a) Family Anatidae. (1) Emperor Goose (Anser canagicus)—except no egg gathering is permitted. (2) Snow Goose (Anser caerulescens). (3) Greater White-fronted Goose (Anser albifrons). (4) Brant (Branta bernicla)—except no egg gathering is permitted in the Yukon/Kuskokwim Delta and the North Slope regions. (5) Cackling Goose (Branta hutchinsii)—except in the Semidi Is lands. (6) Canada Goose (Branta canadensis). (7) Tundra Swan (Cygnus columbianus)—except in Units 9(D) and 10. (8) Blue-winged Teal (Spatula discors). (9) Northern Shoveler (Spatula clypeata). (10) Gadwall (Mareca strepera). (11) Eurasian Wigeon (Mareca penel ope). (12) American Wigeon (Mareca ameri cana). (13) Mallard (Anas platyrhynchos). (14) Northern Pintail (Anas acuta). (15) Green-winged Teal (Anas crecca). (16) Canvasback (Aythya valisineria). (17) Redhead (Aythya americana). (18) Ring-necked Duck (Aythya collaris). (19) Greater Scaup (Aythya marila). (20) Lesser Scaup (Aythya affinis). (21) King Eider (Somateria spectabilis). VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00725 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 716 50 CFR Ch. I (10–1–22 Edition) § 92.22 (22) Common Eider (Somateria mollissima). (23) Harlequin Duck (Histrionicus histrionicus). (24) Surf Scoter (Melanitta perspicillata). (25) White-winged Scoter (Melanitta deglandi). (26) Black Scoter (Melanitta ameri cana). (27) Long-tailed Duck (Clangula hyemalis). (28) Bufflehead (Bucephala albeola). (29) Common Goldeneye (Bucephala clangula). (30) Barrow’s Goldeneye (Bucephala islandica). (31) Hooded Merganser (Lophodytes cucullatus). (32) Common Merganser (Mergus mer ganser). (33) Red-breasted Merganser (Mergus serrator). (b) Family Podicipedidae. (1) Horned Grebe (Podiceps auritus). (2) Red-necked Grebe (Podiceps grisegena). (c) Family Gruidae. (1) Sandhill Crane (Antigone canadensis). (2) [Reserved] (d) Family Haematopodidae. (1) Black Oystercatcher (Haematopus bachmani). (2) [Reserved] (e) Family Charadriidae. (1) Black-bel lied Plover (Pluvialis squatarola). (2) Common Ringed Plover (Charadrius hiaticula). (f) Family Scolopacidae. (1) Bar-tailed Godwit (Limosa lapponica). (2) Ruddy Turnstone (Arenaria interpres). (3) Sharp-tailed Sandpiper (Calidris acuminata). (4) Dunlin (Calidris alpina). (5) Baird’s Sandpiper (Calidris bairdii). (6) Least Sandpiper (Calidris minutilla). (7) Semipalmated Sandpiper (Calidris pusilla). (8) Western Sandpiper (Calidris mauri). (9) Long-billed Dowitcher (Limnodromus scolopaceus). (10) Common Snipe (Gallinago gallinago). (11) Wilson’s Snipe (Gallinago delicata). (12) Spotted Sandpiper (Actitis macularius). (13) Lesser Yellowlegs (Tringa flavipes). (14) Greater Yellowlegs (Tringa melanoleuca). (15) Red-necked Phalarope (Phalaropus lobatus). (16) Red Phalarope (Phalaropus fulicarius). (g) Family Stercorariidae. (1) Pomarine Jaeger (Stercorarius pomarinus). (2) Parasitic Jaeger (Stercorarius parasiticus). (3) Long-tailed Jaeger (Stercorarius longicaudus). (h) Family Alcidae. (1) Common Murre (Uria aalge). (2) Thick-billed Murre (Uria lomvia). (3) Black Guillemot (Cepphus grylle). (4) Pigeon Guillemot (Cepphus columba). (5) Cassin’s Auklet (Ptychoramphus aleuticus). (6) Parakeet Auklet (Aethia psittacula). (7) Least Auklet (Aethia pusilla). (8) Whiskered Auklet (Aethia pygmaea). (9) Crested Auklet (Aethia cristatella). (10) Rhinoceros Auklet (Cerorhinca monocerata). (11) Horned Puffin (Fratercula corniculata). (12) Tufted Puffin (Fratercula cirrhata). (i) Family Laridae. (1) Black-legged Kittiwake (Rissa tridactyla). (2) Red-legged Kittiwake (Rissa brevirostris). (3) Ivory Gull (Pagophila eburnea). (4) Sabine’s Gull (Xema sabini). (5) Bonaparte’s Gull (Chroicocephalus philadelphia). (6) Mew Gull (Larus canus). (7) Herring Gull (Larus argentatus). (8) Slaty-backed Gull (Larus schistisagus). (9) Glaucous-winged Gull (Larus glaucescens). (10) Glaucous Gull (Larus hyperboreus). (11) Aleutian Tern (Onychoprion aleuticus). (12) Arctic Tern (Sterna paradisaea). (j) Family Gaviidae. (1) Red-throated Loon (Gavia stellata). (2) Arctic Loon (Gavia arctica). (3) Pacific Loon (Gavia pacifica). (4) Common Loon (Gavia immer). (5) Yellow-billed Loon (Gavia adamsii)—In the North Slope Region VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00726 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 717 U.S. Fish and Wildlife Serv., Interior § 92.31 only, a total of up to 20 yellow-billed loons inadvertently caught in fishing nets may be kept for subsistence pur poses. (k) Family Procellariidae. (1) Northern Fulmar (Fulmarus glacialis). (2) [Reserved] (l) Family Phalacrocoracidae. (1) Dou ble-crested Cormorant (Phalacrocorax auritus). (2) Pelagic Cormorant (Phalacrocorax pelagicus). (m) Family Strigidae. (1) Great Horned Owl (Bubo virginianus). (2) Snowy Owl (Bubo scandiacus). [73 FR 13791, Mar. 14, 2008, as amended at 81 FR 18787, Apr. 1, 2016; 82 FR 16304, Apr. 4, 2017; 83 FR 13688, Mar. 30, 2018; 86 FR 20318, Apr. 19, 2021] §§ 92.23–92.29 [Reserved] Subpart D—Annual Regulations Governing Subsistence Harvest § 92.30 General overview of regula tions. These regulations establish a spring/ summer migratory bird subsistence harvest in Alaska. The regulations list migratory bird species that are author ized for harvest, species that are not authorized for harvest, season dates, and dates for a 30-day closure to pro tect nesting birds. The Co-management Council will review and, if necessary, recommend modifications to these har vest regulations on an annual basis, working within the schedule of the Federal late-season regulations for mi gratory game bird hunting. (a) The taking, possession, transpor tation, and other uses of migratory birds are generally prohibited unless specifically authorized by regulation developed in accordance with the Mi gratory Bird Treaty Act. Therefore, harvesting migratory birds is prohib ited unless regulations are established ensuring the protection of the various populations of migratory birds. Migra tory bird population levels, production, and habitat conditions vary annually. These conditions differ within Alaska and throughout North America. There fore, the regulations governing migra tory bird hunting may include annual adjustments to keep harvests within acceptable levels. (b) The development of the regula tions in this part, like the development of the annual migratory game bird hunting regulations in part 20 of this chapter, involves annual data gath ering programs to determine migratory bird population status and trends, evaluate habitat conditions, determine harvests, and consider other factors having an impact on the anticipated size of annual populations. (c) The Service proposes annual mi gratory game bird hunting regulations in the FEDERAL REGISTER in the spring for seasons beginning September 1 of that year. Following consideration of additional biological information and public comment, the Service publishes supplemental proposals throughout the summer. These are also open to public comment. (d) Sections 92.31 through 92.39 pro vide for the annual harvest of migra tory birds and their eggs during spring and summer for subsistence users in Alaska. [67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43028, July 21, 2003] § 92.31 Region-specific regulations. The season dates for the eligible sub sistence-harvest areas are as follows: (a) Aleutian/Pribilof Islands region. (1) Northern Unit (Pribilof Islands): (i) Season: April 2–June 30. (ii) Closure: July 1–August 31. (2) Central Unit (Aleutian Region’s eastern boundary on the Alaska Penin sula westward to and including Un alaska Island): (i) Season: April 2–June 15 and July 16–August 31. (ii) Closure: June 16–July 15. (iii) Special Black Brant Season Clo sure: August 16–August 31, only in Izembek and Moffet lagoons. (iv) Special Tundra Swan Closure: All hunting and egg gathering closed in Game Management Units 9(D) and 10. (3) Western Unit (Umnak Island west to and including Attu Island): (i) Season: April 2–July 15 and August 16–August 31. (ii) Closure: July 16–August 15. (b) Yukon/Kuskokwim Delta region. (1) Season: April 2–August 31. (2) Closure: 30-day closure dates to be announced by the Service’s Alaska Re gional Director or his designee, after VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00727 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 718 50 CFR Ch. I (10–1–22 Edition) § 92.31 consultation with field biologists and the Association of Village Council President’s Waterfowl Conservation Committee. This 30-day period will occur between May 15 and August 15 of each year. A press release announcing the actual closure dates will be for warded to regional newspapers and radio and television stations. (3) Special Black Brant Season Hunt ing Closure: From the period when egg laying begins until young birds are fledged. Closure dates to be announced by the Service’s Alaska Regional Di rector or his designee, after consulta tion with field biologists and the Asso ciation of Village Council President’s Waterfowl Conservation Committee. A press release announcing the actual closure dates will be forwarded to re gional newspapers and radio and tele vision stations. (c) Bristol Bay region. (1) Season: April 2–June 14 and July 16–August 31 (general season); April 2–July 15 for seabird egg gathering only. (2) Closure: June 15–July 15 (general season); July 16–August 31 (seabird egg gathering). (d) Bering Strait/Norton Sound region. (1) Stebbins/St. Michael Area (Point Romanof to Canal Point): (i) Season: April 15–June 14 and July 16–August 31. (ii) Closure: June 15–July 15. (2) Remainder of the region: (i) Season: April 2–June 14 and July 16–August 31 for waterfowl; April 2– July 19 and August 21–August 31 for all other birds. (ii) Closure: June 15–July 15 for wa terfowl; July 20–August 20 for all other birds. (e) Kodiak Archipelago region. The Ko diak Island Roaded Area is open to the harvesting of migratory birds and their eggs by registration permit only as ad ministered by the Alaska Department of Fish and Game, Division of Subsist ence, in cooperation with the Sun’aq Tribe of Kodiak. No hunting or egg gathering for Arctic terns, Aleutian terns, mew gulls, and emperor geese is allowed for the Kodiak Island Roaded Area Registration Permit Hunt. The Kodiak Island Roaded Area consists of that portion of Kodiak Island (includ ing exposed tidelands) south of a line from Termination Point along the north side of Cascade Lake to Anton Larsen Bay and east of a line from Crag Point to the west end of Saltery Cove. Marine waters adjacent to the Kodiak Island Roaded Area within 500 feet from the water’s edge are included in the Kodiak Island Roaded Area. The Kodiak Island Roaded Area does not in clude islands offshore of Kodiak Island. A registration permit is not required to hunt on lands and waters outside the Kodiak Island Roaded Area. (1) Season: April 2–June 30 and July 31–August 31 for seabirds; April 2–June 20 and July 22–August 31 for all other birds. (2) Closure: July 1–July 30 for seabirds; June 21–July 21 for all other birds. (f) Northwest Arctic region. (1) Season: April 2–June 14 and July 16–August 31 (hunting in general); waterfowl egg gathering April 2–June 14 only; seabird egg gathering May 20–July 12 only; hunting molting/non-nesting waterfowl July 1–July 15 only. (2) Closure: June 15–July 15, except for the taking of seabird eggs and molt ing/non-nesting waterfowl as provided in paragraph (f)(1) of this section. (g) North Slope region. (1) Southern Unit (Southwestern North Slope re gional boundary northeast to Icy Cape, and everything west of longitude line 161°55′ W and south of latitude line 69°45′ N to the west bank of the Sagavanirktok River and south along the west bank to the North Slope re gional boundary, then west to the be ginning): (i) Season: April 2–June 29 and July 30–August 31 for seabirds; April 2–June 19 and July 20–August 31 for all other birds. (ii) Closure: June 30–July 29 for seabirds; June 20–July 19 for all other birds. (iii) Special Black Brant Hunting Season: June 20–July 5. The open area consists of the coastline from the mean high-water line outward to the North Slope regional boundary to include open water and barrier islands from southern Kasegaluk Lagoon from lati tude line 69°16′ N to the north and east to longitude line 158°30′ W. (2) Northern Unit (From Icy Cape, ev erything east of longitude line 161°55′ W and north of latitude line 69°45′ N to VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00728 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 719 U.S. Fish and Wildlife Serv., Interior § 92.31 the west bank of Sagavanirktok River and north to 71°): (i) Season: April 2–June 6 and July 7– August 31 for king and common eiders; April 2–June 15 and July 16–August 31 for all other birds. (ii) Closure: June 7–July 6 for king and common eiders; June 16–July 15 for all other birds. (3) Eastern Unit (East of eastern bank of the Sagavanirktok River): (i) Season: April 2–June 19 and July 20–August 31. (ii) Closure: June 20–July 19. (4) Annual 30-day closure periods in the Southern, Northern, and Eastern Units of the North Slope Region may differ from fixed dates (see unit-spe cific closure dates in paragraphs (g)(1) through (3) of this section) if environ mental and biological conditions war rant such a change. After consultation with Service field biologists, the North Slope Borough (NSB) Department of Wildlife Management, and the NSB Fish and Game Management Com mittee, the Service’s Alaska Regional Director or his/her designee may an nounce closure dates that differ from those fixed dates. (5) All Units: yellow-billed loons. An nually, up to 20 yellow-billed loons total for the region inadvertently en tangled in subsistence fishing nets in the North Slope Region may be kept for subsistence use. (6) North Coastal Zone (Cape Thomp son north to Point Hope and east along the Arctic Ocean coastline around Point Barrow to Ross Point, including Iko Bay, and 5 miles inland). (i) No person may at any time, by any means, or in any manner, possess or have in custody any migratory bird or part thereof, taken in violation of subparts C and D of this part. (ii) Upon request from a Service law enforcement officer, hunters taking, attempting to take, or transporting migratory birds taken during the sub sistence harvest season must present them to the officer for species identi fication. (h) Interior region. (1) Season: April 2– June 14 and July 16–August 31; egg gathering May 1–June 14 only. (2) Closure: June 15–July 15. (i) Upper Copper River region (Harvest Area: Game Management Units 11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina and Cantwell). (1) Season: April 15–May 26 and June 27–August 31. (2) Closure: May 27–June 26. (3) The Copper River Basin commu nities listed above also documented traditional use harvesting birds in Game Management Unit 12, making them eligible to hunt in this unit using the seasons specified in paragraph (h) of this section. (j) Gulf of Alaska region. (1) Prince William Sound Area West (Harvest area: Game Management Unit 6[D]), (Eligible Chugach communities: Chenega Bay, Tatitlek): (i) Season: April 2–May 31 and July 1– August 31. (ii) Closure: June 1–30. (2) Prince William Sound Area East (Harvest area: Game Management Units 6[B]and [C]—Barrier Islands be tween Strawberry Channel and Softtuk Bar), (Eligible Chugach communities: Cordova, Tatitlek, and Chenega Bay): (i) Season: April 2–April 30 (hunting); May 1–May 31 (gull egg gathering). (ii) Closure: May 1–August 31 (hunt ing); April 2–30 and June 1–August 31 (gull egg gathering). (iii) Species Open for Hunting: Great er white-fronted goose; snow goose; gadwall; Eurasian and American wigeon; blue-winged and green-winged teal; mallard; northern shoveler; north ern pintail; canvasback; redhead; ring necked duck; greater and lesser scaup; king and common eider; harlequin duck; surf, white-winged, and black scoter; long-tailed duck; bufflehead; common and Barrow’s goldeneye; hood ed, common, and red-breasted mer ganser; and sandhill crane. Species open for egg gathering: glaucous winged, herring, and mew gulls. (iv) Use of Boats/All-Terrain Vehi cles: No hunting from motorized vehi cles or any form of watercraft. (v) Special Registration: All hunters or egg gatherers must possess an an nual permit, which is available from the Cordova offices of the Native Vil lage of Eyak and the U.S. Forest Serv ice. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00729 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 720 50 CFR Ch. I (10–1–22 Edition) § 92.32 (3) Kachemak Bay Area (Harvest area: That portion of Game Manage ment 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°23′19″ N; 151°18′37″ W, extending south along the coastline of Cook Inlet to Bluff Point [59°40′00″ N], then south along longitude line 151°41′48″ W to latitude 59°35′56″ N, then east to the tip of Homer Spit [ex cluding any land of the Homer Spit], then northeast to the north bank of the Fox River [59°48′57″ N; 150°58′44″ W], and then east to the eastern boundary of Unit 15[C] at 150°19′59″ W) (Eligible Chu gach Communities: Port Graham, Nanwalek): (i) Season: April 2–May 31 and July 1– August 31. (ii) Closure: June 1–30. (k) Cook Inlet (Harvest area: portions of Game Management Unit 16[B] as specified below) (Eligible communities: Tyonek only): (1) Season: April 2–May 31—That por tion 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°56′ W, south of the north banks of the Beluga River and Beluga Lake, then south of latitude line 61°26′08″ N. (2) Closure: June 1–July 31. (l) Southeast Alaska. (1) Community of Hoonah (Harvest area: National For est lands in Icy Strait and Cross Sound, including Middle Pass Rock near the Inian Islands, Table Rock in Cross Sound, and other traditional lo cations on the coast of Yakobi Island. The land and waters of Glacier Bay Na tional Park remain closed to all sub sistence harvesting (50 CFR part 100.3(a)): (i) Season: glaucous-winged gull egg gathering only: May 15–June 30. (ii) Closure: July 1–August 31. (2) Communities of Craig and Hydaburg (Harvest area: small islands and adjacent shoreline of western Prince of Wales Island from Point Baker to Cape Chacon, but also includ ing Coronation and Warren islands): (i) Season: glaucous-winged gull egg gathering only: May 15–June 30. (ii) Closure: July 1–August 31. (3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point Riou), and coastal lands and islands bordering the Gulf of Alaska from Point Manby southeast to and including Dry Bay): (i) Season: glaucous-winged gull egg gathering: May 15–June 30. (ii) Closure: July 1–August 31. [84 FR 12951, Apr. 3, 2019, as amended at 85 FR 18459, Apr. 2, 2020; 85 FR 73233, Nov. 17, 2020; 86 FR 20319, Apr. 19, 2021; 86 FR 22361, Apr. 28, 2021; 87 FR 38673, June 29, 2022] § 92.32 Emergency regulations to pro tect Steller’s eiders. Upon finding that continuation of these subsistence regulations would pose an imminent threat to the con servation of threatened Steller’s eiders (Polysticta stelleri), the U.S. Fish and Wildlife Service Alaska Regional Di rector, in consultation with the Co management Council, will immediately under § 92.21 take action as is necessary to prevent further take. Regulation changes implemented could range from a temporary closure of duck hunting in a small geographic area to large-scale regional or statewide long-term clo sures of all subsistence migratory bird hunting. These closures or temporary suspensions will remain in effect until the Regional Director, in consultation with the Co-management Council, de termines that the potential for addi tional Steller’s eiders to be taken no longer exists. [84 FR 12952, Apr. 3, 2019] §§ 92.33–92.39 [Reserved] VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00730 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R