Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2005 Season

Part VI

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 92

Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for

Migratory Birds in Alaska During the 2005 Season; Proposed Rule

Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

RIN 1018-AT77

Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations

for Migratory Birds in Alaska During the 2005 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is

proposing migratory bird subsistence harvest regulations in Alaska for

the 2005 season. This proposed rule would establish regulations that

prescribe frameworks, or outer limits, for dates when harvesting of

birds may occur, species that can be taken, and methods and means that

would be excluded from use. These regulations were developed under a

co-management process involving the Service, the Alaska Department of

Fish and Game, and Alaska Native representatives. These regulations are

intended to provide a framework to enable the continuation of customary

and traditional subsistence uses of migratory birds in Alaska. The

rulemaking is necessary because the regulations governing the

subsistence harvest of migratory birds in Alaska are subject to annual

review. This rulemaking proposes regulations that start on April 2,

2005, and expire on August 31, 2005, for the subsistence harvest of

migratory birds in Alaska.

DATES: You must submit comments on the proposed subsistence harvest

regulations for migratory birds in Alaska by February 18, 2005.

he regulations governing the

subsistence harvest of migratory birds in Alaska are subject to annual

review. This rulemaking proposes regulations that start on April 2,

2005, and expire on August 31, 2005, for the subsistence harvest of

migratory birds in Alaska.

DATES: You must submit comments on the proposed subsistence harvest

regulations for migratory birds in Alaska by February 18, 2005.

ADDRESSES: Send your comments on this proposed rule to the Regional

Director, Alaska Region, U.S. Fish and Wildlife Service, 1011 E. Tudor

Road, Anchorage, AK 99503, or fax to (907) 786-3306 or e-mail to

[email protected].

FOR FURTHER INFORMATION CONTACT: Fred Armstrong, (907) 786-3887, or

Donna Dewhurst, (907) 786-3499, U.S. Fish and Wildlife Service, 1011 E.

Tudor Road, Mail Stop 201, Anchorage, AK 99503.

SUPPLEMENTARY INFORMATION:

Background

What Events Led to This Action?

In 1916, the United States and Great Britain (on behalf of Canada)

signed the Convention for the Protection of Migratory Birds in Canada

and the United States (Canada Treaty). The treaty prohibited all

commercial bird hunting and specified a closed season on the taking of

migratory game birds between March 10 and September 1 of each year. In

1936, the United States and Mexico signed the Convention for the

Protection of Migratory Birds and Game Mammals (Mexico Treaty). The

Mexico treaty prohibited the taking of wild ducks between March 10 and

September 1. Neither treaty allowed adequately for the traditional

harvest of migratory birds by northern peoples during the spring and

summer months. This harvest, which has occurred for centuries, was and

is necessary to the subsistence way of life in the north and thus

continued despite the closed season.

The Canada treaty and the Mexico treaty, as well as migratory bird

treaties with Japan (1972) and Russia (1976), have been implemented in

the United States through the Migratory Bird Treaty Act (MBTA)

ring the spring and

summer months. This harvest, which has occurred for centuries, was and

is necessary to the subsistence way of life in the north and thus

continued despite the closed season.

The Canada treaty and the Mexico treaty, as well as migratory bird

treaties with Japan (1972) and Russia (1976), have been implemented in

the United States through the Migratory Bird Treaty Act (MBTA). The

courts have ruled that the MBTA prohibits the Federal Government from

permitting any harvest of migratory birds that is inconsistent with the

terms of any of the migratory bird treaties. The more restrictive terms

of the Canada and Mexico treaties thus prevented the Federal Government

from permitting the traditional subsistence harvest of migratory birds

during spring and summer in Alaska. To remedy this situation, the

United States negotiated Protocols amending both the Canada and Mexico

treaties to allow for subsistence harvest of migratory birds by

indigenous inhabitants of identified subsistence harvest areas in

Alaska. The U.S. Senate approved the amendments to both treaties in

1997.

What Has the Amended Treaty Accomplished?

The major goals of the amended treaty with Canada were to allow

traditional subsistence harvest and improve conservation of migratory

birds by allowing effective regulation of this harvest.

The amended treaty with Canada provides a means to allow permanent

residents of villages within subsistence harvest areas, regardless of

race, to continue harvesting migratory birds between March 10 and

September 1 as they have done for thousands of years. The Letter of

Submittal of May 20, 1996, from the Department of State to the White

House that officially accompanied the treaty protocol set the

geographic baseline with lands north and west of the Alaska Range and

within the Alaska Peninsula, Kodiak Archipelago, and the Aleutian

Islands as the initial subsistence harvest areas.

What Has the Service Accomplished Since Ratification of the Amended

Treaty?

Submittal of May 20, 1996, from the Department of State to the White

House that officially accompanied the treaty protocol set the

geographic baseline with lands north and west of the Alaska Range and

within the Alaska Peninsula, Kodiak Archipelago, and the Aleutian

Islands as the initial subsistence harvest areas.

What Has the Service Accomplished Since Ratification of the Amended

Treaty?

In 1998, we began a public involvement process to determine how to

structure management bodies to provide the most effective and efficient

involvement for subsistence users. This process was concluded on March

28, 2000, when we published in the Federal Register (65 FR 16405) the

Notice of Decision: ``Establishment of Management Bodies in Alaska to

Develop Recommendations Related to the Spring/Summer Subsistence

Harvest of Migratory Birds.'' This notice described the establishment

and organization of 12 regional management bodies plus the Alaska

Migratory Bird Co-management Council (Co-management Council).

Establishment of a migratory bird subsistence harvest began on

August 16, 2002, when we published in the Federal Register (67 FR

53511) a final rule at 50 CFR part 92 that set procedures for

incorporating subsistence management into the continental migratory

bird management program. These regulations established an annual

procedure to develop harvest guidelines to implement a subsistence

migratory bird harvest.

The next step established the first subsistence migratory bird

harvest system. This was finalized on July 21, 2003, when we published

in the Federal Register (68 FR 43010) a final rule at 50 CFR parts 20,

21 and 92 that created the first annual harvest regulations for the

2003 subsistence migratory bird season in Alaska. These annual

frameworks were not intended to be a complete, all-inclusive set of

regulations, but were intended to regulate continuation of customary

and traditional subsistence uses of migratory birds in Alaska during

the spring and summer

0) a final rule at 50 CFR parts 20,

21 and 92 that created the first annual harvest regulations for the

2003 subsistence migratory bird season in Alaska. These annual

frameworks were not intended to be a complete, all-inclusive set of

regulations, but were intended to regulate continuation of customary

and traditional subsistence uses of migratory birds in Alaska during

the spring and summer. See the August 16, 2002, July 21, 2003, and

April 2, 2004, final rules for additional background information on the

subsistence harvest program for migratory birds in Alaska.

This current rulemaking is necessary because the migratory bird

harvest season is closed unless opened and the regulations governing

subsistence harvest of migratory birds in Alaska are subject to public

review and annual approval. The Co-management Council held a meeting in

April 2004, to develop recommendations for changes effective for the

2005 harvest season. These recommendations were presented to the

Service Regulations Committee (SRC) on July 28 and 29, 2004, for

action.

This rule proposes regulations for the taking of migratory birds

for subsistence uses in Alaska during 2005. This rule proposes to list

migratory bird species that are open or closed to harvest, as well as

season openings and closures by region. It also proposes minor changes

in the methods and means of taking migratory birds for subsistence

purposes. We propose to amend 50 CFR 92.5 by adding three new

communities to the list of included areas, and to add corresponding

harvest areas and season dates to 50 CFR 92.33.

How Will the Service Continue To Ensure That the Subsistence Harvest

Will Not Raise Overall Migratory Bird Harvest?

n. It also proposes minor changes

in the methods and means of taking migratory birds for subsistence

purposes. We propose to amend 50 CFR 92.5 by adding three new

communities to the list of included areas, and to add corresponding

harvest areas and season dates to 50 CFR 92.33.

How Will the Service Continue To Ensure That the Subsistence Harvest

Will Not Raise Overall Migratory Bird Harvest?

The Service has an emergency closure provision (Sec. 92.21), so

that if any significant increases in harvest are documented for one or

more species in a region, an emergency closure can be requested and

implemented. Eligibility to harvest under the regulations established

in 2003 was limited to permanent residents, regardless of race, in

villages located within the Alaska Peninsula, Kodiak Archipelago, the

Aleutian Islands and in areas north and west of the Alaska Range (Sec.

92.5). These geographical restrictions opened the initial subsistence

migratory bird harvest to only about 13 percent of Alaska residents.

High-population areas such as Anchorage, the Matanuska-Susitna and

Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the

Gulf of Alaska roaded area and Southeast Alaska were excluded from the

eligible subsistence harvest areas.

Based on petitions requesting inclusion in the harvest, in 2004, we

added 13 additional communities based on the five criteria set forth in

Sec. 92.5(c). These communities included: Gulkana, Gakona, Tazlina,

Copper Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega,

Port Graham and Nanwalek, Tyonek and Hoonah, populations totaling

2,766. For 2005, we propose to add three additional communities for

glaucous-winged gull egg gathering only. These southeastern communities

include Craig, Hydaburg, and Yakutat, with a combined population of

2,459. These new regions would increase the percentage of the State

population included in the subsistence bird harvest only to 14 percent

anwalek, Tyonek and Hoonah, populations totaling

2,766. For 2005, we propose to add three additional communities for

glaucous-winged gull egg gathering only. These southeastern communities

include Craig, Hydaburg, and Yakutat, with a combined population of

2,459. These new regions would increase the percentage of the State

population included in the subsistence bird harvest only to 14 percent.

Subsistence harvest has been monitored for the past 15 years

through the use of annual household surveys in the most heavily used

subsistence harvest areas, e.g., Yukon-Kuskokwim Delta. Continuation of

this monitoring would enable tracking of any major changes or trends in

levels of harvest and user participation after legalization of the

harvest. In the March 3, 2003, Federal Register (68 FR 10024), we

published a notice of intent to submit the Alaska Subsistence Household

Survey Information Collection Forms to the Office of Management and

Budget (OMB) for approval under the Paperwork Reduction Act, with a

subsequent 60-day public comment period. In the July 31, 2003, Federal

Register (68 FR 44961), we published a notice that the Alaska

Subsistence Harvest Survey Information Collection Forms were submitted

to OMB for approval under the Paperwork Reduction Act, with a 30-day

public comment period. OMB approved the information collection on

October 2, 2003, and assigned OMB control number 1018-0124, which

expires on October 31, 2006.

How Did the Service Develop the Methods and Means Prohibitions, and

What Is Proposed To Change for 2005?

Harvest Survey Information Collection Forms were submitted

to OMB for approval under the Paperwork Reduction Act, with a 30-day

public comment period. OMB approved the information collection on

October 2, 2003, and assigned OMB control number 1018-0124, which

expires on October 31, 2006.

How Did the Service Develop the Methods and Means Prohibitions, and

What Is Proposed To Change for 2005?

In development of the initial regulations (68 FR 6697), the Co-

management Council encouraged the Service to adopt the existing methods

and means prohibitions that occur in the Federal (50 CFR 20.21) and

Alaska (5AAC92.100) migratory bird hunting regulations. We included

some exceptions to the Federal regulations in the initial regulations

and include some in this proposed rule to allow the continuation of

customary and traditional spring harvest methods, but not the creation

of new proposed traditions. In this proposed rule, we have incorporated

the Bering Strait/Norton Sound region's request to add St. Lawrence

Island to the list of areas where an exception allows the use of live

decoys to harvest auklets.

How Did the Service Decide the List of Birds Open To Harvest and What

Is Proposed To Change for 2005?

The Service believes it is necessary to develop a list of bird

species that would be open to subsistence harvest. The original list

was compiled from subsistence harvest data, with several species added

based on their presence in Alaska. The original intent was for the list

to be reviewed by the regional management bodies as a check list. The

list was adopted by the Co-management Council as part of the guidelines

for the 2003 season. Most of the regions adopted the list as written;

however, two regions created their own lists. One regional

representative explained that it would take much more time than was

available for his region to reduce the list and that, once a bird was

removed, returning it to the list would be more difficult later

s adopted by the Co-management Council as part of the guidelines

for the 2003 season. Most of the regions adopted the list as written;

however, two regions created their own lists. One regional

representative explained that it would take much more time than was

available for his region to reduce the list and that, once a bird was

removed, returning it to the list would be more difficult later. Going

with the original list was viewed as protecting hunters from

prosecution for the take of an unlisted bird. To understand this

rationale, one must be aware that subsistence hunting is generally

opportunistic and does not usually target individual species. Native

language names for birds often group closely related species, with no

separate names for species within these groups. Also, preferences for

individual species differ greatly between villages and individual

hunters. As a result, regions are hesitant to remove birds from the

list open to harvest until they are certain the species are not taken

for subsistence use. The list therefore contains some species that are

taken infrequently and opportunistically, but this is still part of the

subsistence tradition. The Co-management Council initially decided to

call this list ``potentially harvested birds'' versus ``traditionally

harvested birds'' because a detailed written documentation of the

customary and traditional use patterns for the species listed had not

yet been conducted. However, this terminology was leading to some

confusion, so the Service renamed the list ``subsistence birds'' to

cover the birds open to harvest.

The ``customary and traditional use'' of a wildlife species has

been defined in Federal regulations (50 CFR 100.4) as a long-

established, consistent pattern of use, incorporating beliefs and

customs that have been transmitted from generation to generation

this terminology was leading to some

confusion, so the Service renamed the list ``subsistence birds'' to

cover the birds open to harvest.

The ``customary and traditional use'' of a wildlife species has

been defined in Federal regulations (50 CFR 100.4) as a long-

established, consistent pattern of use, incorporating beliefs and

customs that have been transmitted from generation to generation. Much

of the customary and traditional use information has not been

documented in written form, but exists in the form of oral histories

from elders, traditional stories, harvest methods taught to children,

and traditional knowledge of the birds' natural history shared within a

village or region. The primary source of quantitative data on customary

and traditional use of the harvested bird species comes from Alaska

subsistence migratory bird harvest surveys conducted by Service

personnel and contractors and transferred to a computerized database.

Because of difficulties in bird species identification, shorebird

harvest information has been lumped into ``large shorebird'' and

``small shorebird'' categories. In reality, Alaska subsistence harvests

are also conducted in this manner, generally with no targeting or even

recognition of individual shorebird species in most cases.

Based on conservation concerns, we propose to close the harvest of

tundra swans in Units 9(D) and 10 starting in 2005. This decision was

made to protect a small resident population segment of

``small shorebird'' categories. In reality, Alaska subsistence harvests

are also conducted in this manner, generally with no targeting or even

recognition of individual shorebird species in most cases.

Based on conservation concerns, we propose to close the harvest of

tundra swans in Units 9(D) and 10 starting in 2005. This decision was

made to protect a small resident population segment of

fewer than 500 tundra swans in the Izembek National Wildlife Refuge

area. This small segment of the Pacific population is nonmigratory and

appears to be morphologically distinct. Breeding pair surveys indicate

that the local population has declined steadily over the past two

decades and recruitment into the population is low.

At the request of the North Slope Borough Fish and Game Management

Committee, the Co-Management Council recommended adding a provision to

allow subsistence use of yellow-billed loons inadvertently caught in

subsistence fishing (gill) nets on the North Slope. Justification given

by the proponent was that yellow-billed loons are culturally important

for the Inupiat Eskimo of the North Slope for use in traditional dance

regalia. The Service Regulations Committee met on July 29, 2004, and

proposed to set a maximum of 20 yellow-billed loons inadvertently

caught annually in the North Slope Region. Individual reporting to the

North Slope Borough Department of Wildlife will be required by the end

of the season. In addition, the North Slope Borough is planning to ask

fishermen, through announcements on the radio and through personal

contact, to report all entanglements of loons to better estimate the

levels of injury or mortality caused by gill nets. This provision to

allow subsistence possession and use of yellow-billed loons caught in

fishing gill nets is subject to annual review and renewal as part of

Subpart D--Annual Regulations Governing Subsistence Harvest.

How Does the Service Address the Birds of Conservation Concern Relative

to the Subsistence Harvest?

ns to better estimate the

levels of injury or mortality caused by gill nets. This provision to

allow subsistence possession and use of yellow-billed loons caught in

fishing gill nets is subject to annual review and renewal as part of

Subpart D--Annual Regulations Governing Subsistence Harvest.

How Does the Service Address the Birds of Conservation Concern Relative

to the Subsistence Harvest?

Birds of Conservation Concern (BCC) 2002 is the latest document in

a continuing effort by the Service to assess and prioritize bird

species for conservation purposes. It was published in the Federal

Register on February 6, 2003 (68 FR 6179). The BCC list identifies bird

species at risk because of inherently small populations, restricted

ranges, severe population declines, or imminent threats. The species

listed need increased conservation attention to maintain or stabilize

populations. The legal authority for this effort is the Fish and

Wildlife Conservation Act (FWCA) of 1980, as amended. Section 13(a)(3)

of the FWCA, 16 U.S.C. 2912(a)(3), requires the Secretary of the

Interior through the Service, to ``identify species, subspecies and

populations of all migratory nongame birds that, without additional

conservation actions, are likely to become candidates for listing under

the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543).''

The Co-management Council will continually review the list of

subsistence birds. As appropriate, the Council will elevate hunter

awareness of species that may have small or declining populations in an

effort to directly involve subsistence hunters in conserving these

vulnerable species.

Public Comments Solicited

g under

the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543).''

The Co-management Council will continually review the list of

subsistence birds. As appropriate, the Council will elevate hunter

awareness of species that may have small or declining populations in an

effort to directly involve subsistence hunters in conserving these

vulnerable species.

Public Comments Solicited

The Department of the Interior's policy is, whenever practicable,

to afford the public an opportunity to participate in the rulemaking

process. If you wish to comment, you may submit comments by any one of

several methods. You may mail, fax, or hand-deliver comments to the

address indicated under the caption ADDRESSES.

Our practice is to make comments, including names and home

addresses of respondents, available for public review during regular

business hours. Individual respondents may request that we withhold

their home addresses from the rulemaking record, which we will honor to

the extent allowable by law. In some circumstances, we will also

withhold from the rulemaking record a respondent's identity, as

allowable by law. If you wish us to withhold your name and/or address,

you must state this prominently at the beginning of your comment.

However, we will not consider anonymous comments. We will make all

submissions from organizations or businesses, and from individuals

identifying themselves as representatives or officials of organizations

or businesses, available for public inspection in their entirety. You

may inspect comments received on the proposed regulations during normal

business hours at the Service's office in Anchorage, Alaska.

In developing the final rule, we will consider each comment

received during the public comment period. In the final rule, we may

not respond in detail to each comment received during the comment

period, but we will summarize all comments received and respond to

them.

Statutory Authority

on that

interferes with its clarity?

(3) Does the format of the rule (grouping and order of sections,

use of headings, paragraphing, etc.) aid or reduce its clarity?

(4) Would the rule be easier to understand if it were divided into

more (but shorter) sections?

(5) Is the description of the rule in the ``Supplementary

Information'' section of the preamble helpful in understanding the

rule?

(6) What else could we do to make the rule easier to understand?

Send a copy of any comments that concern how we could make this

rule easier to understand to: Office of Regulatory Affairs, Department

of the Interior, Room 7229, 1849 C Street NW., Washington, DC 20240.

You may also e-mail the comments to this address: [email protected].

The Office of Management and Budget (OMB) has determined that this

document is not a significant rule subject to OMB review under

Executive Order 12866.

a. This rule will not have an annual economic effect of $100

million or more or adversely affect an economic sector, productivity,

jobs, the environment, or other units of government. The rule does not

provide for new or additional hunting opportunities and therefore will

have minimal economic or environmental impact. This rule benefits those

participants who engage in the subsistence harvest of migratory birds

in Alaska in two identifiable ways: First, participants receive the

consumptive value of the birds harvested; and second, participants get

the cultural benefit associated with the maintenance of a subsistence

economy and way of life. The Service can estimate the consumptive value

for birds harvested under this rule but does not have a dollar value

for the cultural

harvest of migratory birds

in Alaska in two identifiable ways: First, participants receive the

consumptive value of the birds harvested; and second, participants get

the cultural benefit associated with the maintenance of a subsistence

economy and way of life. The Service can estimate the consumptive value

for birds harvested under this rule but does not have a dollar value

for the cultural

benefit of maintaining a subsistence economy and way of life.

The economic value derived from the consumption of the harvested

migratory birds has been estimated using the results of a paper by

Robert J. Wolfe titled ``Subsistence Food Harvests in Rural Alaska, and

Food Safety Issues'' (August 13, 1996). Using data from Wolfe's paper

and applying it to the areas that will be included in this process, we

determined a maximum economic value of $6 million. This is the

estimated economic benefit of the consumptive part of this rule for

participants in subsistence hunting. The cultural benefits of

maintaining a subsistence economy and way of life can be of

considerable value to the participants, and these benefits are not

included in this figure.

b. This rule will not create inconsistencies with other agencies'

actions. We are the Federal agency responsible for the management of

migratory birds, coordinating with the State of Alaska's Department of

Fish and Game on management programs within Alaska. The State of Alaska

is a member of the Alaska Migratory Bird Co-management Council.

c. This rule will not materially affect entitlements, grants, user

fees, loan programs, or the rights and obligations of their recipients.

The rule does not affect entitlement programs.

d. This rule will not raise novel legal or policy issues. The

subsistence harvest regulations will go through the same National

regulatory process as the existing migratory bird hunting regulations

in 50 CFR part 20.

Regulatory Flexibility Act

ect entitlements, grants, user

fees, loan programs, or the rights and obligations of their recipients.

The rule does not affect entitlement programs.

d. This rule will not raise novel legal or policy issues. The

subsistence harvest regulations will go through the same National

regulatory process as the existing migratory bird hunting regulations

in 50 CFR part 20.

Regulatory Flexibility Act

The Department of the Interior certifies that this rule will not

have a significant economic effect on a substantial number of small

entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601

et seq.). An initial regulatory flexibility analysis is not required.

Accordingly, a Small Entity Compliance Guide is not required. The rule

legalizes a pre-existing subsistence activity, and the resources

harvested will be consumed by the harvesters or persons within their

local community.

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, as discussed in the

Executive Order 12866 section above.

a. This rule does not have an annual effect on the economy of $100

million or more. It will legalize and regulate a traditional

subsistence activity. It will not result in a substantial increase in

subsistence harvest or a significant change in harvesting patterns. The

commodities being regulated under this rule are migratory birds. This

rule deals with legalizing the subsistence harvest of migratory birds

and, as such, does not involve commodities traded in the marketplace. A

small economic benefit from this rule derives from the sale of

equipment and ammunition to carry out subsistence hunting. Most, if not

all, businesses that sell hunting equipment in rural Alaska would

qualify as small businesses. We have no reason to believe that this

rule will lead to a disproportionate distribution of benefits.

b

h, does not involve commodities traded in the marketplace. A

small economic benefit from this rule derives from the sale of

equipment and ammunition to carry out subsistence hunting. Most, if not

all, businesses that sell hunting equipment in rural Alaska would

qualify as small businesses. We have no reason to believe that this

rule will lead to a disproportionate distribution of benefits.

b. This rule will 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, does not have an impact on prices for

consumers.

c. This rule does 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 does not regulate the marketplace in any way

to generate effects on the economy or the ability of businesses to

compete.

Unfunded Mandates Reform Act

We have determined and certified pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1501 et seq.) that this rule will not impose a

cost of $100 million or more in any given year on local, State, or

tribal governments or private entities. A statement containing the

information required by this Act is therefore not necessary.

Participation on regional management bodies and the Co-management

Council will require travel expenses for some Alaska Native

organizations and local governments. In addition, they will 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

egional management bodies and the Co-management

Council will require travel expenses for some Alaska Native

organizations and local governments. In addition, they will 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 the Notice of Decision (65 FR 16405, March 28, 2000) we

identified 12 partner organizations (Alaska Native non-profits and

local governments) to be responsible for administering the regional

programs. The Alaska Department of Fish and Game will also incur

expenses for travel to Co-management Council and regional management

body's meetings. In addition, the State of Alaska will be required to

provide technical staff support to each of the regional management

bodies and to the Co-management 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 Alaska

Department of Fish and Game to help offset their expenses.

Paperwork Reduction Act

This rule has been examined under the Paperwork Reduction Act of

1995 and has been found to contain no information collection

requirements. We have, however, received OMB approval of associated

voluntary annual household surveys used to determine levels of

subsistence take. The OMB control number for the information collection

is 1018-0124, which expires on October 31, 2006. 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.

Federalism Effects

approval of associated

voluntary annual household surveys used to determine levels of

subsistence take. The OMB control number for the information collection

is 1018-0124, which expires on October 31, 2006. 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.

Federalism Effects

As discussed in the Executive Order 12866 and Unfunded Mandates

Reform Act sections above, this rule does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment under Executive Order 13132. We worked with the State of

Alaska on development of these regulations.

Civil Justice Reform--Executive Order 12988

In accordance with Executive Order 12988, the Office of the

Solicitor has determined that the rule does not unduly burden the

judicial system and that it meets the requirements of Section 3 of the

Order.

Takings Implication Assessment

This rule is not specific to particular land ownership, but applies

to the harvesting of migratory bird resources throughout Alaska.

Therefore, in accordance with Executive Order 12630, this rule does not

have significant takings implications.

Government-to-Government Relations With Native American Tribal

Governments

In accordance with the President's memorandum of April 29, 1994,

``Government-to-Government Relations With Native American Tribal

Governments'' (59 FR 22951), and Executive Order 13175 (65 FR 67249,

November 6, 2000), concerning consultation and coordination with Indian

Tribal Governments, we have consulted with Alaska tribes and evaluated

the rule for possible effects on tribes or trust resources, and have

determined that there are no significant effects. The rule will legally

recognize the subsistence harvest of migratory birds and their eggs for

tribal members, as well as for other indigenous inhabitants.

Endangered Species Act Consideration

with Indian

Tribal Governments, we have consulted with Alaska tribes and evaluated

the rule for possible effects on tribes or trust resources, and have

determined that there are no significant effects. The rule will legally

recognize the subsistence harvest of migratory birds and their eggs for

tribal members, as well as for other indigenous inhabitants.

Endangered Species Act Consideration

Prior to issuance of annual spring and summer subsistence

regulations, we will consider provisions of the Endangered Species Act

of 1973, as amended, (16 U.S.C. 1531-1543; hereinafter the Act) to

ensure that harvesting is not likely to jeopardize the continued

existence of any species designated as endangered or threatened, or

modify or destroy its critical habitats and that it is consistent with

conservation programs for those species. Consultations under Section 7

of this Act conducted in connection with the environmental assessment

for the annual subsistence take regulations may cause us to change

these regulations. Our biological opinion resulting from the Section 7

consultation is a public document available for public inspection at

the address indicated under the caption ADDRESSES.

National Environmental Policy Act Consideration

The annual regulations and options were considered in the

Environmental Assessment, ``Managing Migratory Bird Subsistence Hunting

in Alaska: Hunting Regulations for the First Legal Spring/Summer

Harvest in 2005,'' issued August 15, 2004. Copies are available from

the address indicated under the caption ADDRESSES.

Energy Supply, Distribution, or Use (Executive Order 13211)

Act Consideration

The annual regulations and options were considered in the

Environmental Assessment, ``Managing Migratory Bird Subsistence Hunting

in Alaska: Hunting Regulations for the First Legal Spring/Summer

Harvest in 2005,'' issued August 15, 2004. Copies are available from

the address indicated under the caption ADDRESSES.

Energy Supply, Distribution, or Use (Executive Order 13211)

On May 18, 2001, the President issued Executive Order 13211 on

regulations that significantly affect energy supply, distribution and

use. Executive Order 13211 requires agencies to prepare Statements of

Energy Effects when undertaking certain actions. Because this rule only

allows for traditional subsistence harvest and improves conservation of

migratory birds by allowing effective regulation of this harvest, it is

not a significant regulatory action under Executive Order 12866.

Consequently it is not expected to significantly affect energy

supplies, distribution and use. Therefore, this action is not a

significant energy action under Executive Order 13211 and no Statement

of Energy Effects is required.

List of Subjects in 50 CFR Part 92

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Subsistence, Treaties, Wildlife.

For the reasons set out in the preamble, we propose to amend title

50, chapter I, subchapter G, of the Code of Federal Regulations as

follows:

PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA

1. The authority citation for part 92 continues to read as follows:

Authority: 16 U.S.C. 703-712.

Subpart A--General Provisions

2. In subpart A, amend Sec. 92.5 by revising paragraph (a)(2)

introductory text and adding paragraph (a)(3) to read as follows:

Sec. 92.5 Who is eligible to participate?

* * * * *

al Regulations as

follows:

PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA

1. The authority citation for part 92 continues to read as follows:

Authority: 16 U.S.C. 703-712.

Subpart A--General Provisions

2. In subpart A, amend Sec. 92.5 by revising paragraph (a)(2)

introductory text and adding paragraph (a)(3) to read as follows:

Sec. 92.5 Who is eligible to participate?

* * * * *

(a) * * *

(2) Based on petitions for inclusion recommended by the Co-

management Council in 2003, the Service added the following communities

to the included areas under this part starting in the 2004 harvest

season:

* * * * *

(3) Based on petitions for inclusion recommended by the Co-

management Council in 2004, the Service is adding the following

communities to the included areas under this part starting in the 2005

harvest season:

(i) Southeast Region--Craig, Hydaburg and Yakutat.

(ii) [Reserved.]

Subpart C--General Regulations Governing Subsistence Harvest

3. In subpart C, amend Sec. 92.20 by revising paragraph (d) to

read as follows:

Sec. 92.20 Methods and means.

* * * * *

(d) Taking waterfowl and other species using live birds as decoys,

except for auklets on Diomede and St. Lawrence islands (Use of live

birds as decoys is a customary and traditional means of harvesting

auklets on Diomede and St. Lawrence islands.);

* * * * *

Subpart D--Annual Regulations Governing Subsistence Harvest

4. In Subpart D, add Sec. Sec. 92.31 through 92.33 to read as

follows:

Sec. 92.31 Migratory bird species not authorized for subsistence

harvest.

pt for auklets on Diomede and St. Lawrence islands (Use of live

birds as decoys is a customary and traditional means of harvesting

auklets on Diomede and St. Lawrence islands.);

* * * * *

Subpart D--Annual Regulations Governing Subsistence Harvest

4. In Subpart D, add Sec. Sec. 92.31 through 92.33 to read as

follows:

Sec. 92.31 Migratory bird species not authorized for subsistence

harvest.

(a) You may not harvest birds or gather eggs from the following

species:

(1) Spectacled Eider Somateria fischeri).

(2) Steller's Eider Polysticta stelleri).

(3) Emperor Goose Chen canagica).

(4) Aleutian Cackling Goose Branta hutchinsii leucopareia)--Semidi

Islands only.

(5) Tundra Swan Cygnus columbianus)--Units 9(D) and 10 only.

(6) Yellow-billed Loon Gavia adamsii)--except North Slope Region.

(Requirements for harvest and reporting are described in Sec.

92.33(g)(4).).

(b) In addition, you may not gather eggs from the following

species:

(1) Cackling Goose Branta hutchinsii minima).

(2) Black Brant Branta bernicla nigricans)--in the Yukon/Kuskokwim

Delta and North Slope regions only.

Sec. 92.32 Subsistence migratory bird species.

You may harvest birds or gather eggs from the following species,

listed in taxonomic order, within all included regions. When birds are

listed only to the species level, all subspecies existing in Alaska are

open to harvest.

(a) Family Anatidae

(1) Greater White-fronted Goose (Anser albifrons).

(2) Snow Goose (Chen caerulescens).

(3) Black Brant (Branta bernicla nigricans)--except no egg

gathering is permitted in the Yukon/Kuskokwim Delta and the North

Slope regions.

(4) Taverner's Cackling Goose (Branta hutchinsii taverneri).

(5) Aleutian Cackling Goose (Branta hutchinsii leucopareia)--

except in the Semidi Islands.

(6) Cackling Goose (Branta hutchinsii minima)--except no egg

gathering is permitted.

(7) Lesser Canada Goose (Branta canadensis parvipes).

(8) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and

10.

(9) Gadwall (Anas strepera).

ons.

(4) Taverner's Cackling Goose (Branta hutchinsii taverneri).

(5) Aleutian Cackling Goose (Branta hutchinsii leucopareia)--

except in the Semidi Islands.

(6) Cackling Goose (Branta hutchinsii minima)--except no egg

gathering is permitted.

(7) Lesser Canada Goose (Branta canadensis parvipes).

(8) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and

10.

(9) Gadwall (Anas strepera).

(10) Eurasian Wigeon (Anas penelope).

(11) American Wigeon (Anas americana).

(12) Mallard (Anas platyrhynchos).

(13) Blue-winged Teal (Anas discors).

(14) Northern Shoveler (Anas clypeata).

(15) Northern Pintail (Anas acuta).

(16) Green-winged Teal (Anas crecca).

(17) Canvasback (Aythya valisineria).

(18) Redhead (Aythya americana).

(19) Ring-necked Duck (Aythya collaris).

(20) Greater Scaup (Aythya marila).

(21) Lesser Scaup (Aythya affinis).

(22) King Eider (Somateria spectabilis).

(23) Common Eider (Somateria mollissima).

(24) Harlequin Duck (Histrionicus histrionicus).

(25) Surf Scoter (Melanitta perspicillata).

(26) White-winged Scoter (Melanitta fusca).

(27) Black Scoter (Melanitta nigra).

(28) Long-tailed Duck (Clangula hyemalis).

(29) Bufflehead (Bucephala albeola).

(30) Common Goldeneye (Bucephala clangula).

(31) Barrow's Goldeneye (Bucephala islandica).

(32) Hooded Merganser (Lophodytes cucullatus).

(33) Common Merganser (Mergus merganser).

(34) Red-breasted Merganser (Mergus serrator).

(b) 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)--North Slope Region only.

(Requirements for harvest and reporting are described in Sec.

92.33(g)(4).).

(c) Family Podicipedidae

(1) Horned Grebe (Podiceps auritus).

(2) Red-necked Grebe (Podiceps grisegena).

(d) Family Procellariidae

(1) Northern Fulmar (Fulmarus glacialis).

(2) [Reserved].

fic Loon (Gavia pacifica).

(4) Common Loon (Gavia immer).

(5) Yellow-billed Loon (Gavia adamsii)--North Slope Region only.

(Requirements for harvest and reporting are described in Sec.

92.33(g)(4).).

(c) Family Podicipedidae

(1) Horned Grebe (Podiceps auritus).

(2) Red-necked Grebe (Podiceps grisegena).

(d) Family Procellariidae

(1) Northern Fulmar (Fulmarus glacialis).

(2) [Reserved].

(e) Family Phalacrocoracidae

(1) Double-crested Cormorant (Phalacrocorax auritus).

(2) Pelagic Cormorant (Phalacrocorax pelagicus).

(f) Family Gruidae

(1) Sandhill Crane (Grus canadensis).

(2) [Reserved].

(g) Family Charadriidae

(1) Black-bellied Plover (Pluvialis squatarola).

(2) Common Ringed Plover (Charadrius hiaticula).

(h) Family Haematopodidae

(1) Black Oystercatcher (Haematopus bachmani).

(2) [Reserved].

(i) Family Scolopacidae.

(1) Greater Yellowlegs (Tringa melanoleuca).

(2) Lesser Yellowlegs (Tringa flavipes).

(3) Spotted Sandpiper (Actitis macularia).

(4) Bar-tailed Godwit (Limosa lapponica).

(5) Ruddy Turnstone (Arenaria interpres).

(6) Semipalmated Sandpiper (Calidris pusilla).

(7) Western Sandpiper (Calidris mauri).

(8) Least Sandpiper (Calidris minutilla).

(9) Baird's Sandpiper (Calidris bairdii).

(10) Sharp-tailed Sandpiper (Calidris acuminata).

(11) Dunlin (Calidris alpina).

(12) Long-billed Dowitcher (Limnodromus scolopaceus).

(13) Common Snipe (Gallinago gallinago).

(14) Red-necked phalarope (Phalaropus lobatus).

(15) Red phalarope (Phalaropus fulicaria).

(7) Western Sandpiper (Calidris mauri).

(8) Least Sandpiper (Calidris minutilla).

(9) Baird's Sandpiper (Calidris bairdii).

(10) Sharp-tailed Sandpiper (Calidris acuminata).

(11) Dunlin (Calidris alpina).

(12) Long-billed Dowitcher (Limnodromus scolopaceus).

(13) Common Snipe (Gallinago gallinago).

(14) Red-necked phalarope (Phalaropus lobatus).

(15) Red phalarope (Phalaropus fulicaria).

(j) Family Laridae.

(1) Pomarine Jaeger (Stercorarius pomarinus).

(2) Parasitic Jaeger (Stercorarius parasiticus).

(3) Long-tailed Jaeger (Stercorarius longicaudus).

(4) Bonaparte's Gull (Larus philadelphia).

(5) Mew Gull (Larus canus).

(6) Herring Gull (Larus argentatus).

(7) Slaty-backed Gull (Larus schistisagus).

(8) Glaucous-winged Gull (Larus glaucescens).

(9) Glaucous Gull (Larus hyperboreus).

(10) Sabine's Gull (Xema sabini).

(11) Black-legged Kittiwake (Rissa tridactyla).

(12) Red-legged Kittiwake (Rissa brevirostris).

(13) Ivory Gull (Pagophila eburnea).

(14) Arctic Tern (Sterna paradisaea).

(15) Aleutian Tern (Sterna aleutica).

(k) 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).

(l) Family Strigidae

(1) Great Horned Owl (Bubo scandiacus).

(2) Snowy Owl (Nyctea scandiaca).

Sec. 92.33 Region-specific regulations.

The 2005 season dates for the eligible subsistence regions are as

follows:

(a) Aleutian/Pribilof Islands Region.

(1) Northern Unit (Pribilof Islands):

ca monocerata).

(11) Horned Puffin (Fratercula corniculata).

(12) Tufted Puffin (Fratercula cirrhata).

(l) Family Strigidae

(1) Great Horned Owl (Bubo scandiacus).

(2) Snowy Owl (Nyctea scandiaca).

Sec. 92.33 Region-specific regulations.

The 2005 season dates for the eligible subsistence regions 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 (Aleut Region's eastern boundary on the Alaska

Peninsula westward to and including Unalaska Island):

(i) Season: April 2-June 15 and July 16-August 31.

(ii) Closure: June 16-July 15.

(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 Alaska

Regional Director or his designee, after consultation with local

subsistence users and the region's Waterfowl Conservation Committee.

This 30-day period will occur between June 1 and August 15 of each

year. A press release announcing the actual closure dates will be

forwarded to regional newspapers and radio and television stations and

posted in village post offices and stores.

(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 waterfowl; July 20-August 20 for

all other birds.

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 waterfowl; July 20-August 20 for

all other birds.

(e) Kodiak Archipelago Region, except for the Kodiak Island roaded

area, is open to the harvesting of migratory birds and their eggs. The

closed area consists of all lands and waters (including exposed

tidelands) east of a line extending from Crag Point in the north to the

west end of Saltery Cove in the south and all lands and water south of

a line extending from Termination Point along the north side of Cascade

Lake extending to Anton Larson Bay. Waters adjacent to the closed area

are closed to harvest within 500 feet from the water's edge. The

offshore islands are open to harvest.

(1) Season: April 2-June 20 and July 22-August 31, egg gathering:

May 1-June 20.

(2) Closure: June 21-July 21.

(f) Northwest Arctic Region.

(1) Season: April 2-August 31 (in general); waterfowl egg gathering

May 20-June 9; seabird egg gathering July 3-July 12; molting/non-

nesting waterfowl July 1-July 31.

(2) Closure: June 10-August 14, except for the taking of seabird

eggs and molting/non-nesting waterfowl as provided in paragraph (f)(1)

of this section.

(g) North Slope Region.

(1) Southern Unit (Southwestern North Slope regional boundary east

to Peard Bay, everything west of the longitude line 158[deg]30' S and

south of the latitude line 70[deg]45' E to west bank of the Ikpikpuk

River, and everything south of the latitude line 69[deg]45' E between

the west bank of the Ikpikpuk River to the east bank of Sagavinirktok

River):

f this section.

(g) North Slope Region.

(1) Southern Unit (Southwestern North Slope regional boundary east

to Peard Bay, everything west of the longitude line 158[deg]30' S and

south of the latitude line 70[deg]45' E to west bank of the Ikpikpuk

River, and everything south of the latitude line 69[deg]45' E between

the west bank of the Ikpikpuk River to the east bank of Sagavinirktok

River):

(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.

(2) Northern Unit (At Peard Bay, everything east of the longitude

line 158[deg]30' S and north of the latitude line 70[deg]45' E to west

bank of the Ikpikpuk River, and everything north of the latitude line

69[deg]45' E between the west bank of the Ikpikpuk River to the east

bank of Sagavinirktok River):

(i) Season: April 6-June 6 and July 7-August 31 for king and common

eiders and April 2-June 15 and July 16-August 31 for all other birds.

(ii) Closure: June 7-July 6 for king and common eiders and 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) All Units: yellow-billed loons. Annually, up to 20 yellow-

billed loons may be caught inadvertently in subsistence fishing nets in

the North Slope Region and kept for subsistence use. Individuals must

report each yellow-billed loon inadvertently caught while subsistence

gill net fishing to the North Slope Borough Department of Wildlife

Management by the end of the season.

(h) Interior Region.

(1) Season: April 2-June 14 and July 16-August 31; egg gathering

May 1-June 14.

(2) Closure: June 15-July 15.

e fishing nets in

the North Slope Region and kept for subsistence use. Individuals must

report each yellow-billed loon inadvertently caught while subsistence

gill net fishing to the North Slope Borough Department of Wildlife

Management by the end of the season.

(h) Interior Region.

(1) Season: April 2-June 14 and July 16-August 31; egg gathering

May 1-June 14.

(2) Closure: June 15-July 15.

(i) Upper Copper River (Harvest Area: State of Alaska 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 communities listed in this paragraph

also documented traditional use harvesting birds in Unit 12, making

them eligible to hunt in this unit using the seasons specified in

paragraph (h)(i) of this section.

(j) Gulf of Alaska Region.

(1) Prince William Sound Area (Harvest area: 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) Kachemak Bay Area (Harvest area: Unit 15[C] South of a line

connecting the tip of Homer Spit to the mouth of Fox River) (Eligible

Chugach 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 Unit 16[B] as specified

in this paragraph (k).) (Eligible communities: Tyonek only).

(1) Season: April 2-May 31-That portion of Unit 16(B) south of the

Skwentna River and west of the Yentna River and August 1-31-That

portion of Unit 16(B) south of the Beluga River, Beluga Lake and the

Triumvirate Glacier.

(2) Closure: June 1-July 31.

ure: June 1-30.

(k) Cook Inlet (Harvest area: portions of Unit 16[B] as specified

in this paragraph (k).) (Eligible communities: Tyonek only).

(1) Season: April 2-May 31-That portion of Unit 16(B) south of the

Skwentna River and west of the Yentna River and August 1-31-That

portion of Unit 16(B) south of the Beluga River, Beluga Lake and the

Triumvirate Glacier.

(2) Closure: June 1-July 31.

(l) Southeast Alaska

(1) Community of Hoonah (Harvest area: Lands in Icy Strait and

Cross Sound, including Middle Pass Rock near the Inian Islands, Table

Rock in Cross Sound and other traditional locations on the coast of

Yakobi Island. The land and waters of Glacier Bay National Park remain

closed to all subsistence harvesting [50 CFR 100.3]).

(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 including 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 Pt.

Riou] and coastal lands and islands bordering the Gulf of Alaska from

Pt. Manby southeast to and including Dry Bay.

(i) Season: Glaucous-winged gull egg gathering only: May 15-June

30.

(ii) Closure: July 1-August 31.

Dated: December 10, 2004.

Craig Manson,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 04-27776 Filed 12-17-04; 8:45 am]

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