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13788 Federal Register / Vol. 73, No.

51 / Friday, March 14, 2008 / Rules and Regulations

State. The State, however, has no outpatient drug for which there is at rulemaking is necessary because the
obligation to make an independent least one other drug product which— regulations governing the subsistence
assessment of drug availability in the * * * * * harvest of migratory birds in Alaska are
absence of such notification by a (3) Is sold or marketed in the State subject to annual review. This
pharmacy. We believe that the vast during the rebate period as follows: rulemaking enacts region-specific
majority of drugs of manufacturers that (i) A covered outpatient drug is regulations that go into effect on April
participate in the Medicaid program are considered sold or marketed in a State 2, 2008, and expire on August 31, 2008.
generally available on a national basis. if it appears in a published national DATES: The amendments to subpart C of
We believe that all or nearly all of the listing of average wholesale prices, 50 CFR part 92 become effective April
drugs are distributed by national selected by the Secretary, provided the 14, 2008. The amendments to subpart D
wholesalers and are generally available covered outpatient drug is generally of 50 CFR part 92 are effective April 2,
in every State. This interim final rule available to the public through retail 2008, through August 31, 2008.
will only apply in those rare cases in pharmacies in that State.
FOR FURTHER INFORMATION CONTACT: Fred
which a particular FDA-approved drug (ii) A covered outpatient drug is not
product is not available to the retail subject to the FUL for a rebate period if Armstrong, (907) 786–3887, or Donna
pharmacies in a particular State and, as it is not a multiple source drug in the Dewhurst, (907) 786–3499, U.S. Fish
a result, only one FDA-approved drug State for that rebate period. and Wildlife Service, 1011 E. Tudor
product is available to those Road, Mail Stop 201, Anchorage, AK
* * * * * 99503.
pharmacies. In this circumstance, a (Catalog of Federal Domestic Assistance
State would need to verify the Program No. 93.778, Medical Assistance SUPPLEMENTARY INFORMATION:
information received from its Program)
pharmacies that no equivalent drug is How Do I Find the History of These
available. This would impose only a Dated: February 21, 2008. Regulations?
small burden on States. State systems Kerry Weems, Background information, including
are designed to allow for payment Acting Administrator, Centers for Medicare past events leading to this action,
changes as a routine matter and to & Medicaid Services. accomplishments since the Migratory
change the composition of the FUL Approved: February 21, 2008. Bird Treaties with Canada and Mexico
groups or delete FUL groups. Since this Michael O. Leavitt, were amended, and a history addressing
regulation does not impose any Secretary. conservation issues can be found in the
significant costs on State or local [FR Doc. 08–1022 Filed 3–10–08; 2:42 pm] following Federal Register documents:
governments, the requirements of E.O. BILLING CODE 4120–01–P
13132 are not applicable. Date Federal
In accordance with the provisions of Register citation
Executive Order 12866, this regulation
DEPARTMENT OF THE INTERIOR August 16, 2002 ................ 67 FR 53511.
was reviewed by the Office of July 21, 2003 ..................... 68 FR 43010.
Management and Budget. Fish and Wildlife Service April 2, 2004 ...................... 69 FR 17318.
List of Sections in 42 CFR Part 447 April 8, 2005 ...................... 70 FR 18244.
50 CFR Part 92 February 28, 2006 ............. 71 FR 10404.
Accounting, Administrative practice April 11, 2007 .................... 72 FR 18318.
and procedure, Drugs, Grant programs- [FWS–R7–MB–2007–0009; 91200–1231–
health, Health facilities, Health 9BPP L2]
These documents, which are all final
professions, Medicaid, Reporting and RIN 1018–AV53 rules setting forth the annual harvest
recordkeeping requirements, Rural regulations, are readily available at
areas. Migratory Bird Subsistence Harvest in http://alaska.fws.gov/ambcc/
■ For the reasons set forth in the Alaska; Harvest Regulations for regulations.htm.
preamble, the Centers for Medicare & Migratory Birds in Alaska During the
2008 Season Why Is This Current Rulemaking
Medicaid Services amends 42 CFR Necessary?
chapter IV as set forth below: AGENCY: Fish and Wildlife Service,
Interior. This current rulemaking is necessary
PART 447—PAYMENTS FOR because, by law, the migratory bird
ACTION: Final rule.
SERVICES harvest season is closed unless opened
SUMMARY: The U.S. Fish and Wildlife by the Secretary of the Interior, and the
■ 1. The authority citation for part 447
Service (Service or we) is publishing regulations governing subsistence
continues to read as follows:
migratory bird subsistence harvest harvest of migratory birds in Alaska are
Authority: Sec. 1102 of the Social Security regulations in Alaska for the 2008 subject to public review and annual
Act (42 U.S.C. 1302). approval. The Alaska Migratory Bird Co-
season. This proposed rule establishes
■ 2. Section 447.502 is amended by: regulations that prescribe dates when management Council (Co-management
■ A. Republishing the introductory text harvesting of birds may occur, species Council) held a meeting in April 2007
of the definition for ‘‘Multiple source that can be taken, and methods and to develop recommendations for
drug’’; and means excluded from use. These changes effective for the 2008 harvest
■ B. Revising paragraph (3) of the regulations were developed under a Co- season. These recommendations were
definition for ‘‘Multiple Source Drug’’ to management process involving the presented to the Service Regulations
read as follows: Service, the Alaska Department of Fish Committee (SRC) on August 1 and 2,
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and Game, and Alaska Native 2007, and were approved.


§ 447.502 Definitions. representatives. These regulations This rule finalizes regulations for the
* * * * * enable the continuation of customary taking of migratory birds for subsistence
Multiple source drug means, with and traditional subsistence uses of uses in Alaska during 2008. This rule
respect to a rebate period, a covered migratory birds in Alaska. The lists migratory bird species that are open

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Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations 13789

or closed to harvest, as well as season harvest. The Office of Management and the Federal Register each year, at both
openings and closures by region. Budget (OMB) has approved the the proposed and final rule stage. This
information collection and assigned action would also clarify and simplify
How Will the Service Continue To
OMB control number 1018–0124, which the regulations as to which bird species
Ensure That the Subsistence Harvest
expires on January 31, 2010. can be legally harvested, eliminating the
Will Not Raise Overall Migratory Bird
confusion caused by situations when
Harvest? What Birds Will Be Open To Harvest in
birds are not listed anywhere but are
The Service has an emergency closure 2008?
illegal to harvest, such as all Passerines.
provision (50 CFR 92.21), so that if any At the request of the North Slope
significant increases in harvest are Borough Fish and Game Management What Is Proposed for Change in the
documented for one or more species in Committee, the Co-management Council Region-Specific Regulations for 2008?
a region, an emergency closure can be recommended continuing into 2008 the We are removing from the 2006–07
requested and implemented. Eligibility provisions originally established in regulations, the Special Area Closure in
to harvest under the regulations 2005 to allow subsistence use of yellow- the Yukon/Kuskokwim Delta Region
established in 2003 was limited to billed loons inadvertently caught in that included the goose colonies in
permanent residents, regardless of race, subsistence fishing (gill) nets on the Kokechik Bay, Tutakoke River, Kigigak
in villages located within the Alaska North Slope. Yellow-billed loons are Island Colony, Baird Peninsula, and
Peninsula, Kodiak Archipelago, the culturally important for the Inupiat Baird Island. Removal of this Special
Aleutian Islands and in areas north and Eskimo of the North Slope for use in Area Closure was requested by the
west of the Alaska Range (§ 92.5). These traditional dance regalia. A maximum of Association of Village Council
geographical restrictions opened the 20 yellow-billed loons may be caught in Presidents and would make the
initial subsistence migratory bird 2008 pursuant to this provision. regulation consistent with the Pacific
harvest to only about 13 percent of Individual reporting to the North Slope Flyway recommendation to place the
Alaska residents. High-population areas Borough Department of Wildlife is harvest of brant under a less restrictive
such as Anchorage, the Matanuska- required by the end of each season. In status.
Susitna and Fairbanks North Star addition, the North Slope Borough has We are amending the migratory bird
boroughs, the Kenai Peninsula roaded asked fishermen, through harvest seasons for the Kodiak
area, the Gulf of Alaska roaded area, and announcements on the radio and Archipelago to extend the early season
Southeast Alaska were excluded from through personal contact, to report all 10 days until June 30 for seabird
the eligible subsistence harvest areas. entanglements of loons to better harvesting (closed period would then be
Based on petitions requesting estimate the levels of injury or mortality July 1–31), and remain the same for all
inclusion in the harvest, in 2004, we caused by gill nets. In 2006, two yellow- other birds. This change was requested
added 13 additional communities based billed loons were reported taken in by the Kodiak Regional Advisory
on criteria set forth in § 92.5(c). These fishing nets and an additional one was Council to allow for variations in the
communities were Gulkana, Gakona, found alive in a net and released. This nesting phenology of seabirds, primarily
Tazlina, Copper Center, Mentasta Lake, provision, to allow subsistence to accommodate egg gathering on the
Chitina, Chistochina, Tatitlek, Chenega, possession and use of yellow-billed later-nesting black-legged kittiwakes.
Port Graham, Nanwalek, Tyonek, and loons caught in fishing gill nets, is We are amending the migratory bird
Hoonah, with a combined population of subject to annual review and renewal by harvest seasons for the Northwest Arctic
2,766. In 2005, we added three the SRC. Region to move the seabird egg-
additional communities for glaucous- We are consolidating the lists of birds gathering season start date from July 3
winged gull egg gathering only, based closed and open to harvest (currently in to May 20. This change was requested
on petitions requesting inclusion. These §§ 92.31 and 92.32, respectively) into by the Maniilaq Association to
southeastern communities were Craig, one open list and moving this list to accommodate harvesting of gull eggs,
Hydaburg, and Yakutat, with a subpart C (the permanent regulations) at primarily glaucous, glaucous-winged,
combined population of 2,459. § 92.22. We are also adding the mew and Sabine’s gulls. Gulls typically
In 2007, we enacted the Alaska following clarifying statement: ‘‘You initiate egg laying earlier than other
Department of Fish and Game’s may harvest birds or gather eggs from seabirds such as alcids.
(ADF&G) request to expand the the following species, listed in We are adding a special brant open
Fairbanks North Star Borough excluded taxonomic order, within all included season from June 20 through July 5 for
area to include the Central Interior area. areas except Southeast Alaska, which is the coastline surrounding Wainwright
This excluded the following restricted to glaucous-winged gull egg within the Southern Unit of the North
communities from participation in this harvesting only. When birds are listed at Slope Region. The open area would
harvest: Big Delta/Fort Greely, Healy, the species level, all subspecies existing consist of the coastline, from mean high
McKinley Park/Village and Ferry, with in Alaska are also open to harvest. All water line outward to include open
a combined population of 2,812. These bird species not listed are closed to water, from Nokotlek Point east to
removed communities reduced the harvesting and egg gathering.’’ We longitude line 158°30′ W. This extra
percentage of the State population excluded some bird species from the list season would allow for harvest of non-
included in the subsistence harvest to purely on the basis of current nesting, failed nesting, and sub-adult
13 percent. population concerns, and we will black brant migrating from western
Subsistence harvest has been reopen the harvest of these species if Alaska to their molting areas on the
monitored for the past 15 years through their population status improves. This North Slope. This season addition was
the use of annual household surveys in change was requested by the Executive requested by the North Slope Borough
the most heavily used subsistence Director of the Alaska Migratory Bird Department of Wildlife Management to
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harvest areas, e.g., Yukon/Kuskokwim Co-management Council. By going from allow for the continuation of
Delta. Continuation of this monitoring two bird lists, an open list and a closed Wainwright’s customary and traditional
enables tracking of any major changes or list, to just an open list, we could save harvest of brant (non-or failed nesters
trends in levels of harvest and user thousands of dollars per year. Up until and sub-adult) migrating to their
participation after legalization of the now, we have been printing both lists in molting areas. This would be a very

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13790 Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations

limited harvest of migrating brant only, purpose of allowing subsistence hunting loan programs, or the rights and
to be used for a traditional celebration for migratory birds during the spring obligations of their recipients.
after a successful whaling season. and summer. The amendments indicate (d) Whether the rule raises novel legal
Black brant (Niglingaq) are a very that the Service should issue regulations or policy issues.
important subsistence resource to the allowing such hunting as provided in
Wainwright Inupiat. The most the Migratory Bird Treaty Act, 16 U.S.C. Regulatory Flexibility Act
concentrated hunting for brant takes 712 (1). See Statutory Authority section The Department of the Interior
place along the beach as brant migrate for more details. certifies that this rule will not have a
in large flocks northward during the The Preamble of the Protocol significant economic effect on a
months of May and June. Often people amending the Canada Treaty states that substantial number of small entities as
hunting brant and eiders stay at one of its goals is to allow a traditional defined under the Regulatory Flexibility
traditional campsites along the coastline subsistence hunt while also improving Act (5 U.S.C. 601 et seq.). An initial
within a day’s travel of Wainwright. conservation of migratory birds through regulatory flexibility analysis is not
One or several families set up tents on effective regulation of this hunt. In required. Accordingly, a Small Entity
the sand or atop banks and may remain addition, the Preamble notes that, by Compliance Guide is not required. The
there for several days. Brant hunters sanctioning a traditional subsistence rule legalizes a pre-existing subsistence
may sit in driftwood blinds on the beach hunt, the Parties do not intend to cause activity, and the resources harvested
near camp if the birds are flying significant increases in the take of will be consumed by the harvesters or
overhead, or they may go out onto the migratory birds, relative to their persons within their local community.
ice if birds are flying more offshore. continental population sizes, compared
Much of the brant harvest in June is in to the take that is presently occurring. Small Business Regulatory Enforcement
preparation for Nalukataq (blanket toss). Any such increase in take as a result of Fairness Act
Nalukataq is a traditional community the types of hunting provided for in the This rule is not a major rule under 5
feast and celebration for successful Protocol would be inconsistent with the U.S.C. 804(2), the Small Business
whaling crews, which is usually held Convention. If at some point the Regulatory Enforcement Fairness Act, as
mid-to-late June. At this celebration, one subsistence harvest regulations result in discussed in the Executive Order 12866
of the main courses served to the entire increased harvest, management section above.
community and visiting guests is duck strategies will be implemented to ensure (a) This rule will not have an annual
and geese soup. Black brant is one type maintenance of continental populations. effect on the economy of $100 million
of goose that is harvested specifically for Statutory Authority or more. It will legalize and regulate a
the Nalukataq feast. traditional subsistence activity. It will
We derive our authority to issue these
Summary of Public Involvement regulations from the Migratory Bird not result in a substantial increase in
Treaty Act of 1918, 16 U.S.C. 712(1), subsistence harvest or a significant
On October 15, 2007, we published in change in harvesting patterns. The
the Federal Register (72 FR 58274) a which authorizes the Secretary of the
Interior, in accordance with the treaties commodities being regulated under this
proposed rule to establish spring/ rule are migratory birds. This rule deals
summer migratory bird subsistence with Canada, Mexico, Japan, and Russia,
to ‘‘issue such regulations as may be with legalizing the subsistence harvest
harvest regulations in Alaska for the of migratory birds and, as such, does not
necessary to assure that the taking of
2008 subsistence season. The proposed involve commodities traded in the
migratory birds and the collection of
rule provided for a public comment marketplace. A small economic benefit
their eggs, by the indigenous inhabitants
period of 60 days. We posted an from this rule derives from the sale of
of the State of Alaska, shall be permitted
announcement of the comment period equipment and ammunition to carry out
for their own nutritional and other
dates for the proposed rule, as well as subsistence hunting. Most, if not all,
essential needs, as determined by the
the rule itself and related historical businesses that sell hunting equipment
Secretary of the Interior, during seasons
documents, on the Council’s Internet in rural Alaska would qualify as small
established so as to provide for the
homepage. We issued a press release businesses. We have no reason to
preservation and maintenance of stocks
announcing our request for public of migratory birds.’’ believe that this rule will lead to a
comments and the pertinent deadlines disproportionate distribution of
for such comments, which was faxed to Required Determinations benefits.
the media Statewide. By the close of the Regulatory Planning and Review (b) This rule will not cause a major
public comment period on December (Executive Order 12866) increase in costs or prices for
14, 2007, we had received written consumers; individual industries;
responses from one individual. The Office of Management and Budget
has determined that this rule is not Federal, State, or local government
Response to Public Comments significant and has not reviewed this agencies; or geographic regions. This
rule under Executive Order 12866. OMB rule does not deal with traded
General Comments commodities and, therefore, does not
bases its determination upon the
We received one general comment on following four criteria: have an impact on prices for consumers.
the overall regulations that expressed (a) Whether the rule will have an (c) This rule does not have significant
strong opposition to the concept of annual effect of $100 million or more on adverse effects on competition,
allowing any harvest of migratory birds the economy or adversely affect an employment, investment, productivity,
in Alaska. economic sector, productivity, jobs, the innovation, or the ability of U.S.-based
Service Response: For centuries, environment, or other units of the enterprises to compete with foreign-
indigenous inhabitants of Alaska have government. based enterprises. This rule deals with
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harvested migratory birds for (b) Whether the rule will create the harvesting of wildlife for personal
subsistence purposes during the spring inconsistencies with other Federal consumption. It does not regulate the
and summer months. The Canada and agencies’ actions. marketplace in any way to generate
Mexico migratory bird treaties were (c) Whether the rule will materially effects on the economy or the ability of
recently amended for the express affect entitlements, grants, user fees, businesses to compete.

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Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations 13791

Unfunded Mandates Reform Act Federalism Assessment under Executive on the Effects of the Proposed 2008
We have determined and certified Order 13132. We worked with the State Spring and Summer Subsistence
pursuant to the Unfunded Mandates of Alaska on development of these Harvest of Birds on the Threatened
Reform Act (2 U.S.C. 1501 et seq.) that regulations. Steller’s and Spectacled Eiders (dated
this rule will not impose a cost of $100 February 28, 2008). The consultation
Civil Justice Reform—Executive Order
concluded that the 2008 regulations are
million or more in any given year on 12988
not likely to jeopardize the continued
local, State, or tribal governments or The Department, in promulgating this existence of either the Steller’s or
private entities. A statement containing rule, has determined that it will not spectacled eider. Additionally, any
the information required by this Act is unduly burden the judicial system and modifications resulting from this
therefore not necessary. that it meets the requirements of consultation to regulatory measures
Participation on regional management sections 3(a) and 3(b)(2) of Executive previously proposed are reflected in this
bodies and the Co-management Council Order 12988. final rule.
will require travel expenses for some
Alaska Native organizations and local Takings Implication Assessment National Environmental Policy Act
governments. In addition, they will This rule is not specific to particular Consideration
assume some expenses related to land ownership, but applies to the The annual regulations and options
coordinating involvement of village harvesting of migratory bird resources were considered in the Environmental
councils in the regulatory process. Total throughout Alaska. Therefore, in Assessment, ‘‘Managing Migratory Bird
coordination and travel expenses for all accordance with Executive Order 12630, Subsistence Hunting in Alaska: Hunting
Alaska Native organizations are this rule does not have significant taking Regulations for the 2008 Spring/
estimated to be less than $300,000 per implications. Summer Harvest,’’ issued August 15,
year. In the Notice of Decision (65 FR 2007. Copies are available from the
16405; March 28, 2000), we identified Government-to-Government Relations
address indicated under the caption
12 partner organizations (Alaska Native With Native American Tribal
ADDRESSES.
non-profits and local governments) to Governments
administer the regional programs. The In accordance with the President’s Energy Supply, Distribution, or Use
Alaska Department of Fish and Game memorandum of April 29, 1994, (Executive Order 13211)
will also incur expenses for travel to Co- ‘‘Government-to-Government Relations On May 18, 2001, the President issued
management Council and regional With Native American Tribal Executive Order 13211 on regulations
management body meetings. In Governments’’ (59 FR 22951), and that significantly affect energy supply,
addition, the State of Alaska will be Executive Order 13175 (65 FR 67249; distribution, and use. Executive Order
required to provide technical staff November 6, 2000), concerning 13211 requires agencies to prepare
support to each of the regional consultation and coordination with Statements of Energy Effects when
management bodies and to the Co- Indian Tribal Governments, we have undertaking certain actions. Because
management Council. Expenses for the consulted with Alaska tribes and this rule would allow only for
State’s involvement may exceed evaluated the rule for possible effects on traditional subsistence harvest and
$100,000 per year, but should not tribes or trust resources, and have would improve conservation of
exceed $150,000 per year. When determined that there are no significant migratory birds by allowing effective
funding permits, we make annual grant effects. The rule will legally recognize regulation of this harvest, it is not a
agreements available to the partner the subsistence harvest of migratory significant regulatory action under
organizations and the Alaska birds and their eggs for tribal members, Executive Order 12866. Consequently, it
Department of Fish and Game to help as well as for other indigenous is not expected to significantly affect
offset their expenses. inhabitants. energy supplies, distribution, and use.
Therefore, this action is not a significant
Paperwork Reduction Act Endangered Species Act Consideration energy action under Executive Order
This rule has been examined under Section 7 of the Endangered Species 13211 and no Statement of Energy
the Paperwork Reduction Act of 1995 Act, as amended (16 U.S.C. 1531–1543; Effects is required.
and has been found to contain no 87 Stat. 884), provides that, ‘‘The
List of Subjects in 50 CFR Part 92
information collection requirements. We Secretary shall review other programs
have, however, received OMB approval administered by him and utilize such Exports, Hunting, Imports, Reporting
of associated voluntary annual programs in furtherance of the purposes and recordkeeping requirements,
household surveys used to determine of the Act’’ and shall ‘‘insure that any Subsistence, Treaties, Wildlife.
levels of subsistence take. The OMB action authorized, funded, or carried out ■ For the reasons set out in the
control number for the information * * * is not likely to jeopardize the preamble, we hereby amend title 50,
collection is 1018–0124, which expires continued existence of any endangered chapter I, subchapter G, of the Code of
on January 31, 2010. species or threatened species or result in Federal Regulations as follows:
An agency may not conduct or the destruction or adverse modification
sponsor and a person is not required to of [critical] habitat. * * *’’ PART 92—MIGRATORY BIRD
respond to a collection of information Consequently, we consulted with the SUBSISTENCE HARVEST IN ALASKA
unless it displays a currently valid OMB Fairbanks Fish and Wildlife Field Office ■ 1. The authority citation for part 92
control number. of the Service to ensure that actions continues to read as follows:
resulting from these regulations would
Federalism Effects Authority: 16 U.S.C. 703–712.
not likely jeopardize the continued
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As discussed in the Executive Order existence of spectacled or Steller’s Subpart C—General Regulations
12866 and Unfunded Mandates Reform eiders or result in the destruction or Governing Subsistence Harvest
Act sections above, this rule does not adverse modification of their critical
have sufficient federalism implications habitat. Findings from this consultation ■ 2. In subpart C, add § 92.22 to read as
to warrant the preparation of a are included in the Biological Opinion follows:

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13792 Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations

§ 92.22 Subsistence migratory bird (33) Common Merganser (Mergus (j) Family Laridae.
species. merganser). (1) Pomarine Jaeger (Stercorarius
You may harvest birds or gather eggs (34) Red-breasted Merganser (Mergus pomarinus).
from the following species, listed in serrator). (2) Parasitic Jaeger (Stercorarius
taxonomic order, within all included (b) Family Gaviidae. parasiticus).
areas except Southeast Alaska, which is (1) Red-throated Loon (Gavia stellata). (3) Long-tailed Jaeger (Stercorarius
restricted to Glaucous-winged gull egg (2) Arctic Loon (Gavia arctica). longicaudus).
harvesting only. When birds are listed at (3) Pacific Loon (Gavia pacifica). (4) Bonaparte’s Gull (Larus
the species level, all subspecies existing (4) Common Loon (Gavia immer). philadelphia).
in Alaska are also open to harvest. All (5) Yellow-billed Loon (Gavia (5) Mew Gull (Larus canus).
bird species not listed are closed to adamsii)—In the North Slope Region (6) Herring Gull (Larus argentatus).
harvesting and egg gathering. only, a total of up to 20 yellow-billed (7) Slaty-backed Gull (Larus
(a) Family Anatidae. loons inadvertently caught in fishing schistisagus).
(1) Greater White-fronted Goose nets may be kept for subsistence (8) Glaucous-winged Gull (Larus
(Anser albifrons). purposes. glaucescens).
(2) Snow Goose (Chen caerulescens). (c) Family Podicipedidae. (9) Glaucous Gull (Larus
(3) Lesser Canada Goose (Branta (1) Horned Grebe (Podiceps auritus). hyperboreus).
canadensis parvipes). (2) Red-necked Grebe (Podiceps (10) Sabine’s Gull (Xema sabini).
(4) Taverner’s Canada Goose (Branta grisegena). (11) Black-legged Kittiwake (Rissa
canadensis taverneri). (d) Family Procellariidae. tridactyla).
(5) Aleutian Canada Goose (Branta (1) Northern Fulmar (Fulmarus
(12) Red-legged Kittiwake (Rissa
canadensis leucopareia)—except in the glacialis).
brevirostris).
Semidi Islands. (2) [Reserved].
(e) Family Phalacrocoracidae. (13) Ivory Gull (Pagophila eburnea).
(6) Cackling Canada Goose (Branta (14) Arctic Tern (Sterna paradisaea).
canadensis minima)—except no egg (1) Double-crested Cormorant
(Phalacrocorax auritus). (15) Aleutian Tern (Sterna aleutica).
gathering is permitted. (k) Family Alcidae.
(7) Black Brant (Branta bernicla (2) Pelagic Cormorant (Phalacrocorax
pelagicus). (1) Common Murre (Uria aalge).
nigricans)—except no egg gathering is (2) Thick-billed Murre (Uria lomvia).
permitted in the Yukon/Kuskokwim (f) Family Gruidae.
(1) Sandhill Crane (Grus canadensis). (3) Black Guillemot (Cepphus grylle).
Delta and the North Slope regions. (4) Pigeon Guillemot (Cepphus
(8) Tundra Swan (Cygnus (2) [Reserved].
(g) Family Charadriidae. columba).
columbianus)—except in Units 9(D) and (5) Cassin’s Auklet (Ptychoramphus
10. (1) Black-bellied Plover (Pluvialis
squatarola). aleuticus).
(9) Gadwall (Anas strepera).
(2) Common Ringed Plover (6) Parakeet Auklet (Aethia
(10) Eurasian Wigeon (Anas
(Charadrius hiaticula). psittacula).
penelope).
(11) American Wigeon (Anas (h) Family Haematopodidae. (7) Least Auklet (Aethia pusilla).
americana). (1) Black Oystercatcher (Haematopus (8) Whiskered Auklet (Aethia
(12) Mallard (Anas platyrhynchos). bachmani). pygmaea).
(13) Blue-winged Teal (Anas discors). (2) [Reserved]. (9) Crested Auklet (Aethia cristatella).
(14) Northern Shoveler (Anas (i) Family Scolopacidae. (10) Rhinoceros Auklet (Cerorhinca
clypeata). (1) Greater Yellowlegs (Tringa monocerata).
(15) Northern Pintail (Anas acuta). melanoleuca). (11) Horned Puffin (Fratercula
(16) Green-winged Teal (Anas crecca). (2) Lesser Yellowlegs (Tringa corniculata).
(17) Canvasback (Aythya valisineria). flavipes). (12) Tufted Puffin (Fratercula
(18) Redhead (Aythya americana). (3) Spotted Sandpiper (Actitis cirrhata).
(19) Ring-necked Duck (Aythya macularia). (l) Family Strigidae.
collaris). (4) Bar-tailed Godwit (Limosa (1) Great Horned Owl (Bubo
(20) Greater Scaup (Aythya marila). lapponica). virginianus).
(21) Lesser Scaup (Aythya affinis). (5) Ruddy Turnstone (Arenaria (2) Snowy Owl (Nyctea scandiaca).
(22) King Eider (Somateria interpres).
spectabilis). (6) Semipalmated Sandpiper (Calidris Subpart D—Annual Regulations
(23) Common Eider (Somateria pusilla). Governing Subsistence Harvest
mollissima). (7) Western Sandpiper (Calidris
(24) Harlequin Duck (Histrionicus mauri). ■ 3. In subpart D, add § 92.31 to read as
histrionicus). (8) Least Sandpiper (Calidris follows:
(25) Surf Scoter (Melanitta minutilla).
§ 92.31 Region-specific regulations.
perspicillata). (9) Baird’s Sandpiper (Calidris
(26) White-winged Scoter (Melanitta bairdii). The 2008 season dates for the eligible
fusca). (10) Sharp-tailed Sandpiper (Calidris subsistence harvest areas are as follows:
(27) Black Scoter (Melanitta nigra). acuminata). (a) Aleutian/Pribilof Islands Region.
(28) Long-tailed Duck (Clangula (11) Dunlin (Calidris alpina). (1) Northern Unit (Pribilof Islands):
hyemalis). (12) Long-billed Dowitcher (i) Season: April 2–June 30.
(29) Bufflehead (Bucephala albeola). (Limnodromus scolopaceus). (ii) Closure: July 1–August 31.
(30) Common Goldeneye (Bucephala (13) Common Snipe (Gallinago (2) Central Unit (Aleut Region’s
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clangula). gallinago). eastern boundary on the Alaska


(31) Barrow’s Goldeneye (Bucephala (14) Red-necked phalarope Peninsula westward to and including
islandica). (Phalaropus lobatus). Unalaska Island):
(32) Hooded Merganser (Lophodytes (15) Red phalarope (Phalaropus (i) Season: April 2–June 15 and July
cucullatus). fulicaria). 16–August 31.

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Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations 13793

(ii) Closure: June 16–July 15. (including exposed tidelands) east of a (ii) Closure: June 7–July 6 for king and
(iii) Special Black Brant Season line extending from Crag Point in the common eiders; June 16–July 15 for all
Closure: August 16–August 31, only in north to the west end of Saltery Cove in other birds.
Izembek and Moffet lagoons. the south and all lands and water south (3) Eastern Unit (East of eastern bank
(iv) Special Tundra Swan Closure: All of a line extending from Termination of the Sagavanirktok River):
hunting and egg gathering closed in Point along the north side of Cascade (i) Season: April 2–June 19 and July
units 9(D) and 10. Lake extending to Anton Larson Bay. 20–August 31.
(3) Western Unit (Umnak Island west Waters adjacent to the closed area are (ii) Closure: June 20–July 19.
to and including Attu Island): closed to harvest within 500 feet from (4) All Units: Yellow-billed loons.
(i) Season: April 2–July 15 and August the water’s edge. The offshore islands Annually, up to 20 yellow-billed loons
16–August 31. are open to harvest. total for the region may be caught
(ii) Closure: July 16–August 15. (1) Season: April 2–June 30 and July inadvertently in subsistence fishing nets
(b) Yukon/Kuskokwim Delta Region. 31–August 31 for seabirds; April 2–June in the North Slope Region and kept for
(1) Season: April 2–August 31. 20 and July 22–August 31 for all other subsistence use. Individuals must report
(2) Closure: 30-day closure dates to be birds. each yellow-billed loon inadvertently
announced by the Service’s Alaska (2) Closure: July 1–July 30 for caught while subsistence gill net fishing
Regional Director or his designee, after seabirds; June 21–July 21 for all other to the North Slope Borough Department
consultation with local subsistence birds. of Wildlife Management by the end of
users, field biologists, and the (f) Northwest Arctic Region. the season.
Association of Village Council (1) Season: April 2–June 9 and August (h) Interior Region.
President’s Waterfowl Conservation 15–August 31 (hunting in general); (1) Season: April 2–June 14 and July
Committee. This 30-day period will waterfowl egg gathering May 20–June 9 16–August 31; egg gathering May 1–June
occur between June 1 and August 15 of only; seabird egg gathering May 20–July 14 only.
each year. A press release announcing 12 only; hunting molting/non-nesting (2) Closure: June 15–July 15.
the actual closure dates will be waterfowl July 1–July 31 only. (i) Upper Copper River Region
forwarded to regional newspapers and (2) Closure: June 10–August 14, (Harvest Area: State of Alaska Game
radio and television stations and posted except for the taking of seabird eggs and Management Units 11 and 13) (Eligible
in village post offices and stores. molting/non-nesting waterfowl as communities: Gulkana, Chitina, Tazlina,
(3) Special Black Brant and Cackling provided in paragraph (f)(1) of this Copper Center, Gakona, Mentasta Lake,
Goose Season Hunting Closure: From section. Chistochina and Cantwell).
the period when egg laying begins until (g) North Slope Region. (1) Season: April 15–May 26 and June
young birds are fledged. Closure dates to (1) Southern Unit (Southwestern 27–August 31.
be announced by the Service’s Alaska North Slope regional boundary east to (2) Closure: May 27–June 26.
Peard Bay, everything west of the (3) The Copper River Basin
Regional Director or his designee, after
longitude line 158°30′ W and south of communities listed above also
consultation with field biologists and
the latitude line 70°45′ N to the west documented traditional use harvesting
the Association of Village Council
bank of the Ikpikpuk River, and birds in Unit 12, making them eligible
President’s Waterfowl Conservation
everything south of the latitude line to hunt in this unit using the seasons
Committee. A press release announcing
69°45′ N between the west bank of the specified in paragraph (h) of this
the actual closure dates will be
Ikpikpuk River to the east bank of section.
forwarded to regional newspapers and (j) Gulf of Alaska Region.
radio and television stations and posted Sagavinirktok River): (1) Prince William Sound Area
in village post offices and stores. (i) Season: April 2–June 29 and July
(Harvest area: Unit 6 [D]), (Eligible
(c) Bristol Bay Region. 30–August 31 for seabirds; April 2–June
Chugach communities: Chenega Bay,
(1) Season: April 2–June 14 and July 19 and July 20–August 31 for all other
Tatitlek).
16–August 31 (general season); April 2– birds. (i) Season: April 2–May 31 and July
July 15 for seabird egg gathering only. (ii) Closure: June 30–July 29 for
1–August 31.
(2) Closure: June 15–July 15 (general seabirds; June 20–July 19 for all other (ii) Closure: June 1–30.
season); July 16–August 31 (seabird egg birds. (2) Kachemak Bay Area (Harvest area:
gathering). (iii) Special Black Brant Hunting Unit 15[C] South of a line connecting
(d) Bering Strait/Norton Sound Opening: From June 20–July 5. The the tip of Homer Spit to the mouth of
Region. open area would consist of the Fox River) (Eligible Chugach
(1) Stebbins/St. Michael Area (Point coastline, from mean high water line Communities: Port Graham, Nanwalek).
Romanof to Canal Point): outward to include open water, from (i) Season: April 2–May 31 and July
(i) Season: April 15–June 14 and July Nokotlek Point east to longitude line 1–August 31.
16–August 31. 158°30′ W. This includes Peard Bay, (ii) Closure: June 1–30.
(ii) Closure: June 15–July 15. Kugrua Bay, and Wainwright Inlet, but (k) Cook Inlet (Harvest area: portions
(2) Remainder of the region: not the Kuk and Kugrua river drainages. of Unit 16[B] as specified below)
(i) Season: April 2–June 14 and July (2) Northern Unit (At Peard Bay, (Eligible communities: Tyonek only).
16–August 31 for waterfowl; April 2– everything east of the longitude line (1) Season: April 2–May 31—That
July 19 and August 21–August 31 for all 158°30′ W and north of the latitude line portion of Unit 16(B) south of the
other birds. 70°45′ N to west bank of the Ikpikpuk Skwentna River and west of the Yentna
(ii) Closure: June 15–July 15 for River, and everything north of the River, and August 1–31—That portion
waterfowl; July 20–August 20 for all latitude line 69°45′ N between the west of Unit 16(B) south of the Beluga River,
other birds. bank of the Ikpikpuk River to the east Beluga Lake, and the Triumvirate
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(e) Kodiak Archipelago Region, except bank of Sagavinirktok River): Glacier.


for the Kodiak Island roaded area, is (i) Season: April 6–June 6 and July 7– (2) Closure: June 1–July 31.
closed to the harvesting of migratory August 31 for king and common eiders; (l) Southeast Alaska.
birds and their eggs. The closed area April 2–June 15 and July 16–August 31 (1) Community of Hoonah (Harvest
consists of all lands and waters for all other birds. area: National Forest lands in Icy Strait

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13794 Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Rules and Regulations

and Cross Sound, including Middle Pass (2) Communities of Craig and Gulf of Alaska from Pt. Manby southeast
Rock near the Inian Islands, Table Rock Hydaburg (Harvest area: Small islands to Dry Bay).
in Cross Sound, and other traditional and adjacent shoreline of western Prince (i) Season: Glaucous-winged gull egg
locations on the coast of Yakobi Island. of Wales Island from Point Baker to gathering only: May 15–June 30.
The land and waters of Glacier Bay Cape Chacon, but also including (ii) Closure: July 1–August 31.
National Park remain closed to all Coronation and Warren islands).
Dated: February 22, 2008.
subsistence harvesting [50 CFR Part (i) Season: Glaucous-winged gull egg
gathering only: May 15–June 30. Lyle Laverty,
100.3].
(ii) Closure: July 1–August 31. Assistant Secretary for Fish and Wildlife and
(i) Season: Glaucous-winged gull egg (3) Community of Yakutat (Harvest Parks.
gathering only: May 15–June 30. area: Icy Bay [Icy Cape to Pt. Riou], and [FR Doc. E8–5181 Filed 3–13–08; 8:45 am]
(ii) Closure: July 1–August 31. coastal lands and islands bordering the BILLING CODE 4310–55–P
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