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eCFR — Code of Federal Regulations
ELECTRONIC CODE OF FEDERAL REGULATIONS
eCFR data is current as of May 26, 2016
Title 50 → Chapter I → Subchapter G → Part 92
Title 50: Wildlife and Fisheries
PART 92—MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA
Contents
Subpart A—General Provisions
§92.1 Purpose of regulations.
§92.2 Authority.
§92.3 Applicability and scope.
§92.4 Definitions.
§92.5 Who is eligible to participate?
§92.6 Use and possession of migratory birds.
§§92.792.9 [Reserved]
Subpart B—Program Structure
§92.10 Alaska Migratory Bird Comanagement Council.
§92.11 Regional management areas.
§92.12 Relationship to the process for developing national hunting regulations for migratory game birds.
§§92.1392.19 [Reserved]
Subpart C—General Regulations Governing Subsistence Harvest
§92.20 Methods and means.
§92.21 Emergency closures.
§92.22 Subsistence migratory bird species.
§§92.2392.29 [Reserved]
Subpart D—Annual Regulations Governing Subsistence Harvest
§92.30 General overview of regulations.
§92.31 Regionspecific regulations.
§92.32 Emergency regulations to protect Steller's eiders.
§§92.3392.39 [Reserved]
AUTHORITY: 16 U.S.C. 703712.
SOURCE: 67 FR 53517, Aug. 16, 2002, unless otherwise noted.
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Subpart A—General Provisions
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§92.1 Purpose of regulations.
The regulations in this part implement the Alaska migratory bird subsistence program as provided for in Article II(4)(b)
of the 1916 Convention for the Protection of Migratory Birds in Canada and the United States (the “Canada Treaty”), as
amended.
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§92.2 Authority.
The Secretary of the Interior issues the regulations in this part under the authority granted to the Secretary by the
Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703712.
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§92.3 Applicability and scope.
(a) In general. The regulations in this part apply to all eligible persons harvesting migratory birds and their eggs for
subsistence purposes in Alaska between the dates of March 10 and September 1. The provisions in this part do not
replace or alter the regulations set forth in part 20 of this chapter, which relate to the hunting of migratory game birds and
crows during the regular open season from September 1 through March 10. The provisions set forth in this part implement
the exception to the closed season, which authorizes the taking of migratory birds in Alaska for subsistence purposes
between March 10 and September 1.
(b) Land ownership. This part does not alter the legal authorities of Federal and State land managing agencies or the
legal rights of private land owners to close their respective lands to the taking of migratory birds.
(c) Federal public lands. The provisions of this part are in addition to, and do not supersede, any other provision of
law or regulation pertaining to national wildlife refuges or other federally managed lands.
(d) Migratory bird permits. The provisions of this part do not alter the terms of any permit or other authorization issued
pursuant to part 21 of this chapter.
(e) State laws for the protection of migratory birds. No statute or regulation of the State of Alaska relieves a person
from the restrictions, conditions, and requirements contained in this part. Nothing in this part, however, prevents the State
of Alaska from making and enforcing laws or regulations that are consistent with the regulations in this part, the
conventions between the United States and any foreign country for the protection of migratory birds, and the Migratory
Bird Treaty Act, and that give further protection to migratory birds.
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§92.4 Definitions.
The following definitions apply to all regulations contained in this part:
Alaska Native means the same as “Native,” defined in section 3(b) of the Alaska Native Claims Settlement Act, 16
U.S.C. 1602(b).
Closure means the season is closed to all forms of harvest, including hunting and egg gathering, unless specified
otherwise.
Comanagement Council means the Alaska Migratory Bird Comanagement Council, consisting of Alaska Native,
Federal, and State of Alaska representatives as equals.
Edible meat means the meat from the breast, back, thighs, legs, wings, gizzard, and heart. The head, neck, feet,
other internal organs, and skin are considered inedible byproducts, and not edible meat, for all provisions of this part.
Eligible person means an individual within the State of Alaska who qualifies to harvest migratory birds and their eggs
for subsistence purposes during the spring and summer.
Excluded areas are defined in §92.5.
Flyway Council means the Atlantic, Mississippi, Central, or Pacific Flyway Council.
Game Management Unit, also referred to simply as Unit, means 1 of the 26 geographical areas listed in the codified
State of Alaska hunting and trapping regulations and on maps of the Alaska State Game Management Units.
Immediate family means spouse, children, parents, grandchildren, grandparents, and siblings.
Included areas are defined in §92.5.
Indigenous inhabitant means a permanent resident of a village within a subsistence harvest area, regardless of race.
Migratory bird, for the purposes of this part, means the same as defined in §10.12 of subchapter B of this chapter.
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Species eligible to harvest are listed in §92.32.
Native means the same as “Alaska Native” as defined in this section.
Nonwasteful taking means making a reasonable effort to retrieve all birds killed or wounded, and retaining all edible
meat until the birds have been transported to the location where they will be consumed, processed, or preserved as
human food.
Partner organization or regional partner means a regional or local organization, or a local or tribal government that
has entered into a formal agreement with the U.S. Fish and Wildlife Service for the purpose of coordinating the regional
programs necessary to involve subsistence hunters in the regulatory process described in this part.
Permanent resident means any person whose primary, permanent home for the previous 12 months was within a
subsistence harvest area in Alaska. Whenever absent from this primary, permanent home, the person has the intention of
returning to it. Factors demonstrating a person's primary, permanent home may include: an address listed on an Alaska
Permanent Fund dividend application; an Alaska license to drive, hunt, fish, or engage in an activity regulated by a
government entity; voter registration; location of residences owned, rented, or leased; location of stored household goods;
the residence of the person's spouse, minor children, or dependents; tax documents; whether the person claims residence
in another location for any purpose; or status as a tribal member of a tribe in a subsistence harvest area.
Seabirds refers to all bird species listed in §92.32 within the families Alcidae, Laridae, Procellariidae, and
Phalacrocoracidae.
Service Regulations Committee means the Migratory Bird Regulations Committee of the U.S. Fish and Wildlife
Service.
Shorebirds refers to all bird species listed in §92.32 within the families Charadriidae, Haematopodidae, and
Scolopacidae.
State means State of Alaska.
Subsistence means the customary and traditional harvest or use of migratory birds and their eggs by eligible
indigenous inhabitants for their own nutritional and other essential needs.
Subsistence harvest areas encompass customary and traditional hunting areas of villages in Alaska that qualify for a
spring or summer subsistence harvest of migratory birds under this part.
Taxidermy refers to birds preserved and mounted in lifelike representations. Taxidermy does not include preserving
bird parts to be integrated into traditional arts and crafts.
Village is defined as a permanent settlement with one or more yearround residents.
Waterfowl refers to all bird species listed in §92.32 within the family Anatidae.
[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003; 69 FR 17327, Apr. 2, 2004; 78 FR 11993, Feb. 21, 2013;
81 FR 18787, Apr. 1, 2016]
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§92.5 Who is eligible to participate?
If you are a permanent resident of a village within a subsistence harvest area, you will be eligible to harvest migratory
birds and their eggs for subsistence purposes during the applicable periods specified in subpart D of this part.
(a) Included areas. Village areas located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian Islands, or in
areas north and west of the Alaska Range are subsistence harvest areas, except that villages within these areas not
meeting the criteria for a subsistence harvest area as identified in paragraph (c) of this section will be excluded from the
spring and summer subsistence harvest.
(1) Any person may request the Comanagement Council to recommend that an otherwise included area be excluded
by submitting a petition stating how the area does not meet the criteria identified in paragraph (c) of this section. The Co
management Council will forward petitions to the appropriate regional management body. The Comanagement Council
will then consider each petition and will submit to the Service any recommendations to exclude areas from the spring and
summer subsistence harvest. The Service will publish any approved recommendations for public comment in the FEDERAL
REGISTER.
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(2) Based on petitions for inclusion recommended by the Comanagement Council, the Service has added the
following communities to the included areas under this part:
(i) Upper Copper River Region—Gulkana, Gakona, Tazlina, Copper Center, Mentasta Lake, Chitina, Chistochina.
(ii) Gulf of Alaska Region—Chugach Community of Tatitlek, Chugach Community of Chenega, Chugach Community
of Port Graham, Chugach Community of Nanwalek.
(iii) Cook Inlet Region—Tyonek.
(iv) Southeast Alaska Region—Hoonah, Craig, Hydaburg, and Yakutat.
(b) Excluded areas. Excluded areas are not subsistence harvest areas and are closed to harvest. Residents of
excluded areas are not eligible persons as defined in §92.4. Communities located within the excluded areas provided in
paragraphs (b)(2) and (b)(3) of this section may petition the Comanagement Council through their regional management
body for designation as a spring and summer subsistence harvest area. The petition must state how the community meets
the criteria identified in paragraph (c) of this section. The Comanagement Council will consider each petition and will
submit to the Service any recommendations to designate a community as a spring and summer subsistence harvest area.
The Service will publish any approved new designations of communities for public comment in the FEDERAL REGISTER.
Excluded areas consist of the following:
(1) All areas outside of Alaska.
(2) Village areas located in Anchorage, the MatanuskaSusitna Borough, the Kenai Peninsula roaded area, the Gulf of
Alaska roaded area, Southeast Alaska, and the Central Interior Excluded Area as described in paragraph (b)(3) of this
section generally do not qualify for a spring and summer harvest.
(3) The Central Interior Excluded Area comprises the following: That portion of Unit 20(A) east of the Wood River
drainage and south of Rex Trail, including the upper Wood River drainage south of its confluence with Chicken Creek; that
portion of Unit 20(C) east of Denali National Park north to Rock Creek and east to Unit 20(A); and that portion of Unit
20(D) west of the Tanana River between its confluence with the Johnson and Delta Rivers, west of the east bank of the
Johnson River, and north and west of the Volmar drainage, including the Goodpaster River drainage. The following
communities are within the Excluded Area: Delta Junction/Big Delta/Fort Greely, McKinley Park/Village, Healy, Ferry, and
all residents of the formerly named Fairbanks North Star Borough Excluded Area.
(c) Criteria for determining designation as a spring and summer subsistence harvest area. A previously excluded
community may be included in the spring/summer harvest regulations if recommended by the Alaska Migratory Bird Co
management Council. The Alaska Migratory Bird Comanagement Council will recommend designation of subsistence
harvest areas based on a deliberative process using the best available information on nutritional and cultural needs and
customary and traditional use. The Alaska Migratory Bird Comanagement Council recommendations will accommodate
traditional spring and summer harvests without creating new traditions or increasing harvest of migratory birds.
Recommendations will be made based on the majority of factors and the weight of the evidence using the following
criteria:
(1) A pattern of use recurring in the spring and summer of each year prior to 1999, excluding interruptions by
circumstances beyond the user's control;
(2) The consistent harvest and use of migratory birds on or near the user's permanent residence;
(3) A use pattern that includes the handing down of knowledge of hunting skills and values from generation to
generation;
(4) A use pattern in which migratory birds are shared or distributed among others within a definable community of
persons; a community for purposes of subsistence uses may include specific villages or towns, with a historical pattern of
subsistence use; and
(5) A use pattern that includes reliance for subsistence purposes upon migratory birds or their eggs and that meets
nutritional and other essential needs including, but not limited to, cultural, social, and economic elements of the
subsistence way of life.
(d) Participation by permanent residents of excluded areas. Immediate family members who are residents of excluded
areas may participate in the customary spring and summer subsistence harvest in a village's subsistence area with
permission of the village council, to assist indigenous inhabitants in meeting their nutritional and other essential needs or
for the teaching of cultural knowledge. A letter of invitation will be sent by the village council to the hunter with a copy to
the Executive Director of the Comanagement Council, who will inform law enforcement and the Service's Co
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management Council coordination office within 2 working days. The Service will then inform any affected Federal agency
when residents of excluded areas are allowed to participate in the subsistence harvest within their Federal lands.
[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003; 69 FR 17327, Apr. 2, 2004; 70 FR 18248, Apr. 8, 2005;
72 FR 18322, Apr. 11, 2007; 79 FR 19458, Apr. 8, 2014]
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§92.6 Use and possession of migratory birds.
You may not sell, offer for sale, purchase, or offer to purchase migratory birds, their parts, or their eggs taken under
this part.
(a) Eligible persons. Under this part, you may take birds for human consumption only. Harvest and possession of
migratory birds must be done using nonwasteful taking. Nonedible byproducts of migratory birds taken for food may be
used for other purposes, except that taxidermy is not allowed.
(b) Noneligible persons. You may receive portions of birds or their eggs not kept for human consumption from eligible
persons only if you have a valid permit issued under 50 CFR 21.27 for scientific research or education, and consistent with
the terms and conditions of that permit.
[69 FR 17227, Apr. 2, 2004]
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§§92.792.9 [Reserved]
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Subpart B—Program Structure
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§92.10 Alaska Migratory Bird Comanagement Council.
(a) Establishment. The U.S. Fish and Wildlife Service hereby establishes, as authorized by the Protocol amending the
Canada Treaty, a statewide management body to be known as the Alaska Migratory Bird Comanagement Council.
(b) Membership. The Comanagement Council must include Alaska Native, Federal, and State of Alaska
representatives, as equals.
(1) The Federal and State governments will each seat one representative. The Federal representative will be
appointed by the Alaska Regional Director of the U.S. Fish and Wildlife Service, and the State representative will be
appointed by the Commissioner of the Alaska Department of Fish and Game. Regional partner organizations may seat 1
representative from each of the 12 regions identified in §92.11(a).
(2) The Federal and State representatives and the collective Native representatives will each have one vote, for a
total of three votes for the entire council.
(c) Roles and responsibilities. The Comanagement Council is authorized to:
(1) Hold public meetings for the purpose of conducting business related to spring and summer subsistence harvest of
migratory birds;
(2) Develop recommendations for regulations governing the spring and summer subsistence harvest of migratory
birds and their eggs;
(3) Develop recommendations for, among other things, law enforcement policies, population and harvest monitoring,
education programs, research and use of traditional knowledge, and habitat protection;
(4) Develop procedures and criteria by which areas and communities can be determined to be eligible or ineligible for
a spring/summer subsistence harvest;
(5) Provide guidelines to the regional management bodies each year for formulation of annual regulations;
(6) Consolidate regional recommendations and resolve interregional differences in order to prepare statewide
recommendations;
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(7) Establish committees to gather or review data, develop plans for Comanagement Council actions, and coordinate
programs with regional management bodies;
(8) Send regional representatives from the Comanagement Council to meetings of the Pacific Flyway Council and to
meetings of the other Flyway Councils as needed, and to meetings of the Service Regulations Committee;
(9) Elect officers; and
(10) Conduct other business as the Council may determine is necessary to accomplish its purpose.
(d) Meetings. Meetings of the Comanagement Council will be open to the public. The Comanagement Council will:
(1) Hold meetings at least twice annually;
(2) Conduct meetings in accordance with bylaws approved by the Comanagement Council;
(3) Provide an opportunity at each meeting for public comment;
(4) Establish the dates, times, and locations of meetings; and
(5) Maintain a written record of all meetings.
(e) Staff support. Administrative support for the Comanagement Council will be provided by the U.S. Fish and Wildlife
Service and will include, but not be limited to:
(1) Making arrangements for the meeting rooms and associated logistics related to Comanagement Council
meetings;
(2) Preparing public notices announcing Comanagement Council meetings;
(3) Maintaining records of discussions and actions taken by the Comanagement Council;
(4) Coordinating with the Alaska Department of Fish and Game to provide technical information needed by the Co
management Council for its deliberations;
(5) Preparing documents and gathering information needed by the Comanagement Council for its meetings; and
(6) Preparing the annual subpart D regulations package recommended by the Comanagement Council for
submission to the flyway councils and the Service Regulations Committee.
[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003]
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§92.11 Regional management areas.
(a) Regions identified. To allow for maximum participation by residents of subsistence eligible areas, the Alaska
Regional Director of the Service established 12 geographic regions based on common subsistence resource use patterns
and the 12 Alaska Native regional corporation boundaries established under the Alaska Native Claims Settlement Act.
Despite using the Alaska Native regional corporation boundaries, we are not working directly with the regional
corporations in this program and are instead working with the Alaska Native nonprofit groups and local governments in
those corresponding regions. You may obtain records and maps delineating the boundaries of the 12 regions from the
U.S. Department of the Interior, Bureau of Land Management, Alaska State Office, 222 West 7th Ave., No. 13, Anchorage,
AK 99513. The regions are identified as follows:
(1) Aleutian/Pribilof Islands;
(2) Kodiak Archipelago;
(3) Bristol Bay;
(4) Yukon/Kuskokwim Delta;
(5) Bering Strait/Norton Sound;
(6) Northwest Arctic;
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(7) North Slope;
(8) Interior;
(9) Southeast;
(10) Gulf of Alaska;
(11) Upper Copper River; and
(12) Cook Inlet.
(b) Regional partnerships. The U.S. Fish and Wildlife Service will establish partner agreements with at least 1 partner
organization in each of the 12 regions. The partner organization identified must be willing and able to coordinate the
regional program on behalf of all subsistence hunters within that region. A regional partner will:
(1) Organize or identify one or more management bodies within the region in which it is located.
(2) Determine how the management body for the region should be organized, the manner in which it should function,
its size, who serves on it, the length of terms, methods of involving subsistence users, and other related matters.
(3) Coordinate regional meetings and the solicitation of proposals.
(4) Ensure appointment of a person to represent the region by serving on the Comanagement Council. If a region
consists of more than one partner organization, each partner organization may appoint a member to sit on the Co
management Council.
(5) Keep the residents of villages within the region informed of issues related to the subsistence harvest of migratory
birds.
(6) Work cooperatively with the U.S. Fish and Wildlife Service and the Alaska Department of Fish and Game to gather
harvest data, numbers of subsistence users, and other management data and traditional knowledge for the benefit of the
management bodies.
(c) Regional management bodies. (1) Regional management bodies must provide a forum for the collection and
expression of opinions and recommendations regarding spring and summer subsistence harvesting of migratory birds.
They must develop requests and recommendations from the region to be presented to the Comanagement Council for
deliberation. They must provide for public participation in the meetings at which recommendations and requests are
formulated.
(2) Requests and recommendations to the Comanagement Council may involve seasons and bag limits, methods
and means, law enforcement policies, population and harvest monitoring, education programs, research and use of
traditional knowledge, habitat protection, and other concerns related to migratory bird subsistence programs.
(3) Regional management bodies may be established specifically for the purpose of carrying out the responsibilities
identified in this part, or they may be existing entities that can add these responsibilities to their existing duties.
[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003]
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§92.12 Relationship to the process for developing national hunting regulations for migratory game birds.
(a) Flyway councils. (1) Proposed annual regulations recommended by the Comanagement Council will be submitted
to all flyway councils for review and comment. The Council's recommendations must be submitted prior to the SRC's last
regular meeting of the calendar year in order to be approved for spring/summer harvest beginning March 11 of the
following calendar year.
(2) Alaska Native representatives may be appointed by the Comanagement Council to attend meetings of one or
more of the four flyway councils to discuss recommended regulations or other proposed management actions.
(b) Service regulations committee. Proposed annual regulations recommended by the Comanagement Council will
be submitted to the Service Regulations Committee for their review and recommendation to the Service Director.
Following the Service Director's review and recommendation, the proposals will be forwarded to the Department of Interior
for approval. Proposed annual regulations will then be published in the FEDERAL REGISTER for public review and comment,
similar to the annual migratory game bird hunting regulations (found in part 20 of this chapter). Final spring/summer
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regulations for Alaska will be published in the FEDERAL REGISTER in the preceding Fall.
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§§92.1392.19 [Reserved]
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Subpart C—General Regulations Governing Subsistence Harvest
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§92.20 Methods and means.
You may not use the following devices and methods to harvest migratory birds:
(a) Swivel guns, shotguns larger than 10 gauge, punt guns, battery guns, machine guns, fish hooks, poisons, drugs,
explosives, or stupefying substances;
(b) Shooting from a sinkbox or any other type of lowfloating device that affords the hunter a means of concealment
beneath the surface of the water;
(c) Hunting from any type of aircraft;
(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.);
(e) Hunting with the aid of recorded bird calls;
(f) Using any type of vehicle, aircraft, or boat for the purpose of concentrating, driving, rallying, or stirring up of any
migratory bird, except boats may be used to position a hunter;
(g) Having in possession or using lead or other toxic shot while hunting (Approved nontoxic shot types are listed in
§20.21(j) of subchapter B.);
(h) Shooting while on or across any road or highway;
(i) Using an air boat (Interior and Bristol Bay Regions only) or jet ski (Interior Region only) for hunting or transporting
hunters;
(j) Using private or chartered aircraft for hunting or transporting hunters, except for transportation between community
airstrips (Unit 18, Yukon/Kuskokwim Delta Region only); or
(k) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the
area is or has been baited, as provided at 50 CFR 20.21(i) and 16 U.S.C. 704(b).
[68 FR 43028, July 21, 2003, as amended at 69 FR 17327, Apr. 2, 2004; 70 FR 18248, Apr. 8, 2005; 71 FR 10408, Feb. 28, 2006;
72 FR 18323, Apr. 11, 2007]
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§92.21 Emergency closures.
(a) The Regional Director, after consultation with the Comanagement Council, may close or temporarily suspend any
regulation established under subparts C or D of this part:
(1) Upon finding that a continuation of the regulation would pose an imminent threat to the conservation of any
endangered or threatened species or other migratory bird population; and
(2) Upon issuance of local public notice by such means as publication in local newspapers of general circulation,
posting of the areas affected, notifying the State wildlife conservation agency, and announcement on the internet and local
radio and television.
(b) The Service will also announce any such closure or temporary suspension by publication of a notice in the FEDERAL
REGISTER simultaneously with the local public notice referred to in paragraph (a)(2) of this section. However, in the event
that publishing a FEDERAL REGISTER notice simultaneously with the local public notice is impractical, we will publish in the
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FEDERAL REGISTER as soon as possible after the steps outlined in paragraph (a) of this section are taken.
(c) Any closure or temporary suspension under this section will be effective on the date of publication of the FEDERAL
REGISTER notice; or if such notice is not published simultaneously with the notification methods described in paragraph (a)
of this section, then on the date and at the time specified in the local notification to the public given under paragraph (a)(2)
of this section. Every notice of closure or temporary suspension will include the date and time of the closing, the area or
areas affected, and the species affected. In the case of a temporary suspension, the date and time when the harvest may
be resumed will also be provided by local notification to the public and by publication in the FEDERAL REGISTER as provided
for in paragraphs (a) and (b) of this section.
[68 FR 43028, July 21, 2003]
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§92.22 Subsistence migratory bird species.
You may harvest birds or gather eggs from the following species, listed in taxonomic order, within all included areas
except Southeast Alaska, which is restricted to Glaucouswinged gull egg harvesting only. When birds are listed at the
species level, all subspecies existing in Alaska are also open to harvest. All bird species not listed are closed to harvesting
and egg gathering.
(a) Family Anatidae. (1) Greater Whitefronted Goose (Anser albifrons).
(2) Snow Goose (Chen caerulescens).
(3) Canada goose (Branta canadensis).
(4) [Reserved]
(5) Canada goose, subspecies Aleutian goose—except in the Semidi Islands.
(6) Canada goose, subspecies cackling goose—except no egg gathering is permitted.
(7) Black Brant (Branta bernicla nigricans)—except no egg gathering is permitted in the Yukon/Kuskokwim Delta and
the North Slope regions.
(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) Bluewinged Teal (Anas discors).
(14) Northern Shoveler (Anas clypeata).
(15) Northern Pintail (Anas acuta).
(16) Greenwinged Teal (Anas crecca).
(17) Canvasback (Aythya valisineria).
(18) Redhead (Aythya americana).
(19) Ringnecked Duck (Aythya collaris).
(20) Greater Scaup (Aythya marila).
(21) Lesser Scaup (Aythya affinis).
(22) King Eider (Somateria spectabilis).
(23) Common Eider (Somateria mollissima).
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(24) Harlequin Duck (Histrionicus histrionicus).
(25) Surf Scoter (Melanitta perspicillata).
(26) Whitewinged Scoter (Melanitta fusca).
(27) Black Scoter (Melanitta nigra).
(28) Longtailed 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) Redbreasted Merganser (Mergus serrator).
(b) Family Gaviidae. (1) Redthroated Loon (Gavia stellata).
(2) Arctic Loon (Gavia arctica).
(3) Pacific Loon (Gavia pacifica).
(4) Common Loon (Gavia immer).
(5) Yellowbilled Loon (Gavia adamsii)—In the North Slope Region only, a total of up to 20 yellowbilled loons
inadvertently caught in fishing nets may be kept for subsistence purposes.
(c) Family Podicipedidae. (1) Horned Grebe (Podiceps auritus).
(2) Rednecked Grebe (Podiceps grisegena).
(d) Family Procellariidae. (1) Northern Fulmar (Fulmarus glacialis).
(2) [Reserved]
(e) Family Phalacrocoracidae. (1) Doublecrested Cormorant (Phalacrocorax auritus).
(2) Pelagic Cormorant (Phalacrocorax pelagicus).
(f) Family Gruidae. (1) Sandhill Crane (Grus canadensis).
(2) [Reserved]
(g) Family Charadriidae. (1) Blackbellied 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 macularius).
(4) Bartailed Godwit (Limosa lapponica).
(5) Ruddy Turnstone (Arenaria interpres).
(6) Semipalmated Sandpiper (Calidris pusilla).
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(7) Western Sandpiper (Calidris mauri).
(8) Least Sandpiper (Calidris minutilla).
(9) Baird's Sandpiper (Calidris bairdii).
(10) Sharptailed Sandpiper (Calidris acuminata).
(11) Dunlin (Calidris alpina).
(12) Longbilled Dowitcher (Limnodromus scolopaceus).
(13) Wilson's snipe (Gallinago delicata).
(14) Rednecked phalarope (Phalaropus lobatus).
(15) Red phalarope (Phalaropus fulicarius).
(j) Family Laridae. (1) Pomarine Jaeger (Stercorarius pomarinus).
(2) Parasitic Jaeger (Stercorarius parasiticus).
(3) Longtailed Jaeger (Stercorarius longicaudus).
(4) Bonaparte's gull (Chroicocephalus philadelphia).
(5) Mew Gull (Larus canus).
(6) Herring Gull (Larus argentatus).
(7) Slatybacked Gull (Larus schistisagus).
(8) Glaucouswinged Gull (Larus glaucescens).
(9) Glaucous Gull (Larus hyperboreus).
(10) Sabine's Gull (Xema sabini).
(11) Blacklegged Kittiwake (Rissa tridactyla).
(12) Redlegged Kittiwake (Rissa brevirostris).
(13) Ivory Gull (Pagophila eburnea).
(14) Arctic Tern (Sterna paradisaea).
(15) Aleutian tern (Onychoprion aleuticus).
(k) Family Alcidae. (1) Common Murre (Uria aalge).
(2) Thickbilled 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).
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(11) Horned Puffin (Fratercula corniculata).
(12) Tufted Puffin (Fratercula cirrhata).
(l) Family Strigidae. (1) Great Horned Owl (Bubo virginianus).
(2) Snowy owl (Bubo scandiacus).
[73 FR 13791, Mar. 14, 2008, as amended at 81 FR 18787, Apr. 1, 2016]
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§§92.2392.29 [Reserved]
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Subpart D—Annual Regulations Governing Subsistence Harvest
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§92.30 General overview of regulations.
These regulations establish a spring/summer migratory bird subsistence harvest in Alaska. The regulations list
migratory bird species that are authorized for harvest, species that are not authorized for harvest, season dates, and dates
for a 30day closure to protect nesting birds. The Comanagement Council will review and, if necessary, recommend
modifications to these harvest regulations on an annual basis, working within the schedule of the Federal lateseason
regulations for migratory game bird hunting.
(a) The taking, possession, transportation, and other uses of migratory birds are generally prohibited unless
specifically authorized by regulation developed in accordance with the Migratory Bird Treaty Act. Therefore, harvesting
migratory birds is prohibited unless regulations are established ensuring the protection of the various populations of
migratory birds. Migratory bird population levels, production, and habitat conditions vary annually. These conditions differ
within Alaska and throughout North America. Therefore, the regulations governing migratory bird hunting may include
annual adjustments to keep harvests within acceptable levels.
(b) The development of the regulations in this part, like the development of the annual migratory game bird hunting
regulations in part 20 of this chapter, involves annual data gathering programs to determine migratory bird population
status and trends, evaluate habitat conditions, determine harvests, and consider other factors having an impact on the
anticipated size of annual populations.
(c) The Service proposes annual migratory game bird hunting regulations in the FEDERAL REGISTER in the spring for
seasons beginning September 1 of that year. Following consideration of additional biological information and public
comment, the Service publishes supplemental proposals throughout the summer. These are also open to public comment.
(d) Sections 92.31 through 92.39 provide for the annual harvest of migratory birds and their eggs during spring and
summer for subsistence users in Alaska.
[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43028, July 21, 2003]
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§92.31 Regionspecific regulations.
The 2016 season dates for the eligible subsistence harvest areas are as follows:
(a) Aleutian/Pribilof Islands Region. (1) Northern Unit (Pribilof Islands):
(i) Season: April 2June 30.
(ii) Closure: July 1August 31.
(2) Central Unit (Aleutian Region's eastern boundary on the Alaska Peninsula westward to and including Unalaska
Island):
(i) Season: April 2June 15 and July 16August 31.
(ii) Closure: June 16July 15.
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(iii) Special Black Brant Season Closure: August 16August 31, only in Izembek and Moffet lagoons.
(iv) Special Tundra Swan Closure: All hunting and egg gathering closed in Game Management Units 9(D) and 10.
(3) Western Unit (Umnak Island west to and including Attu Island):
(i) Season: April 2July 15 and August 16August 31.
(ii) Closure: July 16August 15.
(b) Yukon/Kuskokwim Delta Region. (1) Season: April 2August 31.
(2) Closure: 30day closure dates to be announced by the Service's Alaska Regional Director or his designee, after
consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee.
This 30day 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.
(3) Special Black Brant and Cackling Goose Season Hunting Closure: From the period when egg laying begins until
young birds are fledged. Closure dates to be announced by the Service's Alaska Regional Director or his designee, after
consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee. A
press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television
stations.
(c) Bristol Bay Region. (1) Season: April 2June 14 and July 16August 31 (general season); April 2July 15 for
seabird egg gathering only.
(2) Closure: June 15July 15 (general season); July 16August 31 (seabird egg gathering).
(d) Bering Strait/Norton Sound Region. (1) Stebbins/St. Michael Area (Point Romanof to Canal Point):
(i) Season: April 15June 14 and July 16August 31.
(ii) Closure: June 15July 15.
(2) Remainder of the region:
(i) Season: April 2June 14 and July 16August 31 for waterfowl; April 2July 19 and August 21August 31 for all other
birds.
(ii) Closure: June 15July 15 for waterfowl; July 20August 20 for all other birds.
(e) Kodiak Archipelago Region, except for the Kodiak Island roaded area, which is closed 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 Larsen Bay. Marine 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 2June 30 and July 31August 31 for seabirds; April 2June 20 and July 22August 31 for all other
birds.
(2) Closure: July 1July 30 for seabirds; June 21July 21 for all other birds.
(f) Northwest Arctic Region. (1) Season: April 2June 9 and August 15August 31 (hunting in general); waterfowl egg
gathering May 20June 9 only; seabird egg gathering May 20July 12 only; hunting molting/nonnesting waterfowl July 1
July 31 only.
(2) Closure: June 10August 14, except for the taking of seabird eggs and molting/nonnesting 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°3′ W. and south of the latitude line 70°45′ N. to the west bank of the Ikpikpuk
River, and everything south of the latitude line 69°45′ N. between the west bank of the Ikpikpuk River to the east bank of
Sagavinirktok River):
(i) Season: April 2June 29 and July 30August 31 for seabirds; April 2June 19 and July 20August 31 for all other
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birds.
(ii) Closure: June 30July 29 for seabirds; June 20July 19 for all other birds.
(iii) Special Black Brant Hunting Opening: From June 20July 5. The open area consists of the coastline, from mean
high water line outward to include open water, from Nokotlek Point east to longitude line 158°30′ W. This includes Peard
Bay, Kugrua Bay, and Wainwright Inlet, but not the Kuk and Kugrua river drainages.
(2) Northern Unit (At Peard Bay, everything east of the longitude line 158°30′ W. and north of the latitude line 70°45′
N. to west bank of the Ikpikpuk River, and everything north of the latitude line 69°45′ N. between the west bank of the
Ikpikpuk River to the east bank of Sagavinirktok River):
(i) Season: April 2June 6 and July 7August 31 for king and common eiders; April 2June 15 and July 16August 31
for all other birds.
(ii) Closure: June 7July 6 for king and common eiders; June 16July 15 for all other birds.
(3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
(i) Season: April 2June 19 and July 20August 31.
(ii) Closure: June 20July 19.
(4) All Units: Yellowbilled loons. Annually, up to 20 yellowbilled loons total for the region inadvertently entangled in
subsistence fishing nets in the North Slope Region may be kept for subsistence use.
(5) North Coastal Zone (Cape Thompson north to Point Hope and east along the Arctic Ocean coastline around Point
Barrow to Ross Point, including Iko Bay, and 5 miles inland).
(i) No person may at any time, by any means, or in any manner, possess or have in custody any migratory bird or part
thereof, taken in violation of subparts C and D of this part.
(ii) Upon request from a Service law enforcement officer, hunters taking, attempting to take, or transporting migratory
birds taken during the subsistence harvest season must present them to the officer for species identification.
(h) Interior Region. (1) Season: April 2June 14 and July 16August 31; egg gathering May 1June 14 only.
(2) Closure: June 15July 15.
(i) Upper Copper River Region (Harvest Area: Game Management Units 11 and 13) (Eligible communities: Gulkana,
Chitina, Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina and Cantwell).
(1) Season: April 15May 26 and June 27August 31.
(2) Closure: May 27June 26.
(3) The Copper River Basin communities listed above also documented traditional use harvesting birds in Game
Management Unit 12, making them eligible to hunt in this unit using the seasons specified in paragraph (h) of this section.
(j) Gulf of Alaska Region. (1) Prince William Sound Area West (Harvest area: Game Management Unit 6[D]), (Eligible
Chugach communities: Chenega Bay, Tatitlek):
(i) Season: April 2May 31 and July 1August 31.
(ii) Closure: June 130.
(2) Prince William Sound Area East (Harvest area: Game Management Units 6[B] and [C]—Barrier Islands between
Strawberry Channel and Softtuk Bar), (Eligible Chugach communities: Cordova):
(i) Season: April 2April 30 (hunting); May 1May 31 (gull egg gathering).
(ii) Closure: May 1August 31 (hunting); April 230 and June 1August 31 (gull egg gathering).
(iii) Species Open for Hunting: Greater whitefronted goose; snow goose; gadwall; Eurasian and American wigeon;
bluewinged and greenwinged teal; mallard; northern shoveler; northern pintail; canvasback; redhead; ringnecked duck;
greater and lesser scaup; king and common eider; harlequin duck; surf, whitewinged, and black scoter; longtailed duck;
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bufflehead; common and Barrow's goldeneye; hooded, common, and redbreasted merganser; and sandhill crane.
Species open for egg gathering: glaucouswinged, herring, and mew gulls.
(iv) Use of Boats/AllTerrain Vehicles: No hunting from motorized vehicles or any form of watercraft.
(v) Special Registration: All hunters or egg gatherers must possess an annual permit, which is available from the
Cordova offices of the Native Village of Eyak and the U.S. Forest Service.
(3) Kachemak Bay Area (Harvest area: Game Management 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 2May 31 and July 1August 31.
(ii) Closure: June 130.
(k) Cook Inlet (Harvest area: portions of Game Management Unit 16[B] as specified below) (Eligible communities:
Tyonek only):
(1) Season: April 2May 31—That portion of Game Management Unit 16(B) south of the Skwentna River and west of
the Yentna River, and August 131—That portion of Game Management Unit 16(B) south of the Beluga River, Beluga
Lake, and the Triumvirate Glacier.
(2) Closure: June 1July 31.
(l) Southeast Alaska. (1) Community of Hoonah (Harvest area: National Forest 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
part 100.3(a)):
(i) Season: Glaucouswinged gull egg gathering only: May 15June 30.
(ii) Closure: July 1August 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: Glaucouswinged gull egg gathering only: May 15June 30.
(ii) Closure: July 1August 31.
(3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point Riou), and coastal lands and islands bordering the
Gulf of Alaska from Point Manby southeast to and including Dry Bay):
(i) Season: glaucouswinged gull egg gathering: May 15June 30.
(ii) Closure: July 1August 31.
[81 FR 18787, Apr. 1, 2016]
EFFECTIVE DATE NOTE: At 81 FR 18787, Apr. 1, 2016, §92.31 was added, effective Apr. 2, 2016 through Aug. 31, 2016.
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§92.32 Emergency regulations to protect Steller's eiders.
Upon finding that continuation of these subsistence regulations would pose an imminent threat to the conservation of
threatened Steller's eiders (Polysticta stelleri,) the U.S. Fish and Wildlife Service Alaska Regional Director, in consultation
with the Comanagement Council, will immediately under §92.21 take action as is necessary to prevent further take.
Regulation changes implemented could range from a temporary closure of duck hunting in a small geographic area to
largescale regional or Statewide longterm closures of all subsistence migratory bird hunting. These closures or
temporary suspensions will remain in effect until the Regional Director, in consultation with the Comanagement Council,
determines that the potential for additional Steller's eiders to be taken no longer exists.
[81 FR 18788, Apr. 1, 2016]
EFFECTIVE DATE NOTE: At 81 FR 18788, Apr. 1, 2016, §92.32 was added, effective Apr. 2, 2016 through Aug. 31, 2016.
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§§92.3392.39 [Reserved]
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| File Type | application/pdf |
| File Modified | 2016-05-31 |
| File Created | 2016-05-31 |