Managing Migratory Bird Subsistence Hunting in Alaska; Proposed Strategy for Regulating the Spring and Summer Taking of Migratory Birds in Alaska for Subsistence Purposes

DEPARTMENT OF THE INTERIOR

Managing Migratory Bird Subsistence Hunting in Alaska; Proposed

Strategy for Regulating the Spring and Summer Taking of Migratory Birds

in Alaska for Subsistence Purposes

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of revised draft environmental

assessment.

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SUMMARY: This Notice is to inform the public that the U.S. Fish and

Wildlife Service (Service) has revised and is reissuing the draft

environmental assessment (EA) evaluating alternatives for resolving the

problem of ongoing spring and summer migratory bird subsistence

hunting. Hunting in Alaska occurs during the closed period specified by

the 1916 Convention Between the United States and Great Britain for the

Protection of Migratory Birds (Convention). This Convention was

executed by Great Britain on behalf of Canada, and is referred to in

this Notice and the EA as the U.S.-Canada Convention, or simply the

``Convention.'' The revised draft EA, which tentatively selected a

strategy of modifying the Convention to allow a regulation hunt during

the closed period, is available from the Service upon request at either

the addresses provided below (See ADDRESSES: and/or FOR FURTHER

INFORMATION CONTACT:).

DATES: Comments on this Notice must be received by April 21, 1994.

ADDRESSES: Comments regarding this Notice should be addressed to:

Director (FWS/MBMO), U.S. Fish and Wildlife Service, 634 ARLSQ, 1849 C

St., NW., Washington, DC 20240, or Regional Director (MBC), Region 7,

U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, AK

99503. Comments received on this Notice will be available for public

inspection during normal business hours in Room 634 Arlington Square

Building, 4401 No. Fairfax Drive, Arlington, VA 22203, or, for those

comments originating within Alaska, 3rd Floor, room 3387, 1011 Tudor

Road, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT:

Dr. Keith A. Morehouse, Staff Specialist, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, 634 ARLSQ, 1849 C St., NW.,

Washington, DC 20240 (703/358-1714), or Mr. Robin West, Migratory Bird

Coordinator, U.S. Fish and Wildlife Service, 1011 E. Tudor Road,

Anchorage, AK 99503 (907/786-3423).

SUPPLEMENTARY INFORMATION: Subsistence hunting of migratory birds for

cultural and nutritional purposes occurs in the far northern areas of

Alaska and Canada as a customary and traditional activity during what

is otherwise the closed period, between March 10 and September 1. (As

used herein, and in the EA, subsistence hunting, unless otherwise

noted, means spring and summer harvest of migratory birds, not other

subsistence activities occurring in Alaska and Canada.) Currently, this

closed period is required by the Convention and the Migratory Bird

Treaty Act of 1918 (16 U.S.C. 703 et seq.), which implements the terms

of the Convention. Apparently, the framers of the Convention were aware

of migratory bird subsistence hunting activity but unaware of the

extent to which it was needed and practiced by far northern rural

peoples. Thus, the Convention provides inadequately for this particular

subsistence use, with the result that much of the current subsistence

hunting activity is illegal. However, restricting subsistence hunting

to a time period outside of that in which birds are available neither

provides equitable access to the resource nor accommodates customary

and traditional uses. Because the Service recognizes the legitimate

need for equitable access to the migratory bird resource for

subsistence purposes, regulatory strategies have been under evaluation

which would bring about successful resolution of the problem.

The Service's completed revised draft EA addresses the problem of

illegal subsistence hunting of migratory birds in Alaska, and

tentatively selects strategy for resolving it. This revised draft EA

evaluates five alternatives for dealing with regulation of migratory

bird subsistence hunting, which are: (1) Take no action (status quo)

(2) expand the existing base of cooperative agreements; (3) enforce the

current terms of the Convention; (4) modify the Convention to allow

subsistence take; and (5) modify the Migratory Bird Treaty Act to allow

subsistence take, without modifying the Convention. The Service's

preliminarily identified preferred alternative is for a modified

Convention that allows a regulated harvest during a portion, but not

all, of the currently closed period (Item 4, above). The revised EA

also identifies ``action modifiers'' which could be used to further

specify the course the Service would take in order to bring about a

regulated migratory bird subsistence hunt. The ``action modifiers''

include such factors as who in Alaska would be able to participate, in

what areas, what use could be made of birds and byproducts, which bird

species' eggs would be eligible for harvest and other management option

constraints that would be imposed upon users.

On Friday, August 13, 1993, the Service published the initial

Notice of Availability of the draft EA in the Federal Register (58 FR

43119). The comment period for the first draft of the EA closed on

October 12, 1993. Many comments were provided to the Service within the

comment period specified, and many were received after the comment

period had closed. The Service has accepted all of the letters of

comment received to date on the revised EA, and has factored these

views into revisions of the text and other features of the EA. In

addition, the comment views that represent the more salient issues,

have been addressed in the Responses provided in Appendix E of the EA.

During the course of the comment period that closed on October 12,

1993, and since, the Service received 54 comments on the EA; 51 of

these comments are from outside the Service. One of the most common

comments received was a request to expand the EA to incorporate

additional materials on such subjects as the migratory bird subsistence

hunting situation in Canada and more detailed information on the

demographics and harvest situation in Alaska. The Service is acceding

to the request for a second draft and has made many modifications and

improvements in the EA document that are responsive to the public's

requests.

The Service invites comments on the revised draft EA. Comments

provided on the revised EA will enable the Service to evaluate its

selection of a strategy to resolve the problem. The final decision on

selection of a strategy will be provided to the public in the Service's

final Notice of Record of Decision, which will be published in the

Federal Register.

Dated: March 2, 1994.

Richard N. Smith,

Director, Fish and Wildlife Service.

[FR Doc. 94-5102 Filed 3-4-94; 8:45 am]

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