Migratory Bird Subsistence Harvest in Alaska; Region-Specific Regulations
| Published date | 14 August 2020 |
| Record Number | 2020-17026 |
| Section | Rules and Regulations |
| Court | Fish And Wildlife Service |
Federal Register, Volume 85 Issue 158 (Friday, August 14, 2020)
[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Rules and Regulations]
[Pages 49601-49602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17026]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS-R7-MB-2020-0008; FXMB12610700000-201-FF07M01000]
RIN 1018-BE24
Migratory Bird Subsistence Harvest in Alaska; Region-Specific
Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are adopting as a
final rule an interim rule that went into effect on April 2, 2020,
establishing migratory bird subsistence harvest regulations in Alaska
for the 2020 season and beyond. These regulations, which are subject to
annual review, allow for the continuation of customary and traditional
subsistence uses of migratory birds in Alaska and prescribe regional
information on when and where the harvesting of birds may occur. For
the reasons given in the interim rule and in this document, we are
adopting the
[[Page 49602]]
interim rule as a final rule without change.
DATES: The effective date for the interim rule that published April 2,
2020, at 85 FR 18455, is affirmed as April 2, 2020.
ADDRESSES: Documents pertaining to this rulemaking action are available
on the internet at the Federal eRulemaking Portal: http://www.regulations.gov at Docket No. FWS-R7-MB-2020-0008.
FOR FURTHER INFORMATION CONTACT: Eric J. Taylor, U.S. Fish and Wildlife
Service, 1011 E Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907)
903-7210.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2020, we, the U.S. Fish and Wildlife Service, published
an interim rule in the Federal Register revising regulations in title
50 of the Code of Federal Regulations (CFR) in part 92 (85 FR 18455).
These regulations pertain to the take of migratory birds in Alaska for
subsistence uses during the spring and summer, when sport hunting of
migratory birds is not allowed. Prior to the interim rule, the
regulations in 50 CFR part 92, subpart D, were last amended April 3,
2019 (84 FR 12946).
We derive our authority to issue these regulations from the
Migratory Bird Treaty Act of 1918 (MBTA), at 16 U.S.C. 712(1), which
authorizes the Secretary of the Interior, in accordance with the
treaties with Canada, Mexico, Japan, and Russia, to issue regulations
to ensure that ``the taking of migratory birds and the collection of
their eggs, by the indigenous inhabitants of the State of Alaska, shall
be permitted for their own nutritional and other essential needs, as
determined by the Secretary of the Interior, during seasons established
so as to provide for the preservation and maintenance of stocks of
migratory birds.'' Per the MBTA, the normal season for the subsistence
harvest of migratory birds in Alaska begins on April 2 each year.
The provisions of the interim rule were the current regulations at
Sec. 92.31, with one change. These provisions were also set forth in
rules issued in 2017, 2018, and 2019. In response to those rulemaking
actions, no significant controversy was raised during the public
comment periods.
Public Comments
We solicited public comments on the interim rule until April 13,
2020. By the close of the comment period, we received two comments. One
comment was outside the scope of this rulemaking action, and the other
comment expressed opposition to the rule because it allows the killing
of birds.
Service Response: For centuries, indigenous inhabitants of Alaska
have harvested migratory birds for subsistence purposes during the
spring and summer months. The U.S. treaties with Canada and Mexico were
amended for the express purpose of allowing subsistence hunting for
migratory birds during these months. Consequently, as discussed above,
the MBTA also provides for the issuance of regulations to allow such
hunting; see 16 U.S.C. 712(1). Therefore, this rule furthers a
legitimate purpose as set forth in international treaties and U.S. law.
Related Rulemaking
As stated in the interim rule, the migratory bird subsistence
harvest regulations are developed cooperatively. The Alaska Migratory
Bird Co-Management Council consists of the U.S. Fish and Wildlife
Service, the Alaska Department of Fish and Game, and representatives of
Alaska's Native population. The Council's primary purpose is to develop
recommendations pertaining to the subsistence harvest of migratory
birds.
The Council recommended changes to the subsistence harvest
regulations in 2018 and 2019. Therefore, in a related rulemaking action
(RIN 1018-BF12, Docket No. FWS-R7-MB-2020-0022), we are taking action
to revise Sec. 92.31 as recommended by the Council.
Required Determinations
We hereby affirm our responses to the following determinations
required of the Federal rulemaking process as published in the April 2,
2020, interim rule (85 FR 18455):
Executive Orders 12630, 12866, 12988, 13132, 13175, 13211,
13563, and 13771
Regulatory Flexibility Act and Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 601 et seq. and 804(2))
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
Government-to-Government Relations with Native American
Tribal Governments (59 FR 22951, and 512 DM 2)
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Affirmation of Interim Rule
Accordingly, the Department of the Interior affirms as a final
rule, without change, the interim rule amending 50 CFR part 92 that was
published at 85 FR 18455 on April 2, 2020.
Authority: 16 U.S.C. 703-712.
George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-17026 Filed 8-13-20; 8:45 am]
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