Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 11707 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference revisions to 

R307–110–10; R307–110–31; R307–110– 

36; Utah SIP Section X.A.; Utah SIP 

Section X.F.; maintenance plan for the 

Utah portion of the Logan PM2.5 NAA; 

and the redesignation request for the 

Logan PM2.5 NAA to attainment. The 

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 8 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. Accordingly, the 

proposed rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, and 

Wilderness areas. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 17, 2021. 

Debra Thomas, 

Acting Regional Administrator, EPA Region 

8. 

[FR Doc. 2021–03819 Filed 2–25–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R7–MB–2020–0134; 

FXMB12610700000–201–FF07M01000] 

RIN 1018–BF08 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2021 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or USFWS) is 

proposing changes to the migratory bird 

subsistence harvest regulations in 

Alaska. These regulations 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. These 

regulations were developed under a comanagement process involving the 

Service, the Alaska Department of Fish 

and Game, and Alaska Native 

representatives. The proposed changes 

would update the regulations to 

incorporate revisions requested by these 

partners. 

DATES: We will accept comments 

received or postmarked on or before 

March 29, 2021. 

Information Collection Requirements: 

If you wish to comment on the 

information collection requirements in 

this proposed rule, please note that the 

Office of Management and Budget 

(OMB) is required to make a decision 

concerning the collection of information 

contained in this proposed rule between 

30 and 60 days after publication of this 

proposed rule in the Federal Register. 

Therefore, comments should be 

submitted to OMB by March 29, 2021. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R7–MB–2020–0134. 

• U.S. mail: Public Comments 

Processing, Attn: FWS–R7–MB–2020– 

0134; U.S. Fish and Wildlife Service, 

MS: JAO/3W, 5275 Leesburg Place, Falls 

Church, VA 22041–3803. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comment Procedures section, 

below, for more information). 


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11708 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

Information Collection Requirements: 

Written comments and suggestions on 

the information collection requirements 

should be submitted within 30 days of 

publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. Please 

provide a copy of your comments to the 

Service Information Collection 

Clearance Officer, U.S. Fish and 

Wildlife Service, 5275 Leesburg Pike, 

MS: PRB (JAO/3W), Falls Church, VA 

22041–3803 (mail); or Info_Coll@fws.gov 

(email). Please reference ‘‘OMB Control 

Number 1018–BF08’’ in the subject line 

of your comments. 

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: 

Public Comment Procedures 

To ensure that any action resulting 

from this proposed rule will be as 

accurate and as effective as possible, we 

request that you send relevant 

information for our consideration. The 

comments that will be most useful and 

likely to influence our decisions are 

those that you support by quantitative 

information or studies and those that 

include citations to, and analyses of, the 

applicable laws and regulations. Please 

make your comments as specific as 

possible and explain the basis for them. 

In addition, please include sufficient 

information with your comments to 

allow us to authenticate any scientific or 

commercial data you include. 

You must submit your comments and 

materials concerning this proposed rule 

by one of the methods listed above in 

ADDRESSES. We will not accept 

comments sent by email or fax or to an 

address not listed in ADDRESSES. If you 

submit a comment via http://

www.regulations.gov, your entire 

comment—including any personal 

identifying information, such as your 

address, telephone number, or email 

address—will be posted on the website. 

When you submit a comment, the 

system receives it immediately. 

However, the comment will not be 

publicly viewable until we post it, 

which might not occur until several 

days after submission. 

If you mail a hardcopy comment 

directly to us that includes personal 

information, you may request at the top 

of your document that we withhold this 

information from public review. 

However, we cannot guarantee that we 

will be able to do so. All comments and 

materials we receive will be available 

for public inspection via http://

www.regulations.gov. Search for FWS– 

R7–MB–2020–0134, which is the docket 

number for this rulemaking. 

Background 

The Migratory Bird Treaty Act of 1918 

(MBTA, 16 U.S.C. 703 et seq.) was 

enacted to conserve certain species of 

migratory birds and gives the Secretary 

of the Interior the authority to regulate 

the harvest of these birds. The law 

further authorizes the Secretary to issue 

regulations to ensure that the 

indigenous inhabitants of the State of 

Alaska may take migratory birds and 

collect their eggs for nutritional and 

other essential needs during seasons 

established by the Secretary ‘‘so as to 

provide for the preservation and 

maintenance of stocks of migratory 

birds’’ (16 U.S.C. 712(1)). 

The take of migratory birds for 

subsistence uses in Alaska occurs 

during the spring and summer, during 

which timeframe the sport harvest of 

migratory birds is not allowed. 

Regulations governing the subsistence 

harvest of migratory birds in Alaska are 

located in title 50 of the Code of Federal 

Regulations (CFR) in part 92. These 

regulations allow for the continuation of 

customary and traditional subsistence 

uses of migratory birds and prescribe 

regional information on when and 

where the harvesting of birds in Alaska 

may occur. 

The migratory bird subsistence 

harvest regulations are developed 

cooperatively. The Alaska Migratory 

Bird Co-Management Council (Council 

or AMBCC) consists of the U.S. Fish and 

Wildlife Service, the Alaska Department 

of Fish and Game (ADFG), 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 generally holds an 

annual spring meeting to develop 

recommendations for migratory bird 

subsistence-harvest regulations in 

Alaska that would take effect in the 

spring of the next year. In 2020, the inperson spring meeting did not occur due 

to the coronavirus. Instead, the Council 

met virtually via teleconference on May 

4, 2020, to approve subsistence harvest 

regulations that would take effect during 

the 2021 harvest season. The Council’s 

recommendations were presented to the 

Pacific Flyway Council for review and 

subsequent submission to the Service 

Regulations Committee (SRC) for 

approval at the SRC meeting on October 

20–21, 2020. 

This proposed rule contains two 

changes to the subsistence harvest 

regulations recommended by the 

Council in 2020 for the subsistence 

harvest season, and three clarifications, 

as described below. 

Proposed Revisions to the Regulations 

Per the collaborative process 

described above, this document 

proposes updates to the regulations for 

the taking of migratory birds for 

subsistence uses in Alaska during the 

spring and summer. 

For the 2021 season, we are proposing 

one change to the regulations in part 92, 

subpart A (general provisions) and one 

change to part 92, subpart C (general 

regulations governing the subsistence 

harvest). In addition, we include three 

clarifications, as described below. 

(1) Upper Copper River Region Permit 

for Hunters From Excluded Areas To 

Hunt in the Region 

This proposed change to the 

regulations in part 92, subpart A 

(general provisions) would add another 

method (a permit) to invite a hunter 

from an excluded area to participate in 

the spring-summer subsistence hunt in 

the Upper Copper River region. 

Current regulations in 50 CFR 92.5(d) 

allow immediate family members 

(children, parents, grandparents, and 

siblings) living in excluded areas to 

participate in the customary springsummer subsistence harvest of 

migratory birds in a village’s subsistence 

area, if invited via letter by the 

respective Village Council, to assist 

permanent residents of the village in 

meeting their nutritional and other 

essential needs or for teaching cultural 

knowledge. A letter of invitation is sent 

to the hunter with a copy provided to 

the Executive Director of the AMBCC, 

who will inform the Service’s Alaska 

Regional Office of Law Enforcement 

within 2 business days. In addition to 

the letter of invitation, this proposal 

would add another method (a permit) to 

invite a hunter from an excluded area to 

participate in the spring-summer 

subsistence hunt in the Upper Copper 

River region. The permit would certify 

that the prospective hunter is an 

immediate family member as defined in 

50 CFR 92.4 and is thereby authorized 

to assist family members in hunting 

migratory birds in the subsistence 

harvest area of the region. 

To date, the AMBCC Executive 

Director has received two letters of 

invitation to hunt in the State of Alaska 

since the last revision of 50 CFR 92.5(d) 

in 2014 (79 FR 19454, April 8, 2014). 

The letter of invitation requirement is 

viewed by the Upper Copper River 


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Region as burdensome and 

administratively inefficient due in large 

part to high turnover in Tribal 

administrative staff. In the Upper 

Copper River Region, an invitation to 

hunt by permit is considered less 

onerous and a more practical approach 

for eligible hunters to invite 

participation by family member living 

in excluded areas. The proposed 

regulation would add the invitation by 

permit as an option for Tribal Councils 

or their authorized tribal representatives 

in the Upper Copper River Region to 

administer the invitation to hunt in 

their subsistence harvest area. Invited 

hunters would be required to carry the 

permit while hunting as proof of 

eligibility. The permit would be valid 

for 2 years from the date of issuance. A 

list of permittees will be forwarded to 

the AMBCC Executive Director, who 

will then forward the list to the 

Service’s Alaska Regional Office of Law 

Enforcement. 

This proposed change to the 

regulations in subpart A is not 

anticipated to result in a significant 

increase in harvest of birds and eggs in 

the Upper Copper River Region because 

invited hunters are authorized only to 

assist in fulfilling the needs of 

immediate family members in villages 

or teaching cultural knowledge. 

(2) Closure on Harvest of Emperor Goose 

Eggs Statewide 

This proposed change to the 

regulations in part 92, subpart C 

(general regulations governing the 

subsistence harvest general provisions) 

closes the harvest of emperor goose eggs 

statewide. 

The abundance (index) of emperor 

geese (Anser canagicus) is estimated 

annually via the Service’s (Alaska 

Region) Yukon-Kuskokwim Delta 

Coastal Zone (Coastal Zone) survey. 

This information is used to inform 

harvest management decisions for 

emperor geese based on harvest 

strategies in the AMBCC Emperor Goose 

Management Plan (Plan) and the Pacific 

Flyway Council Management Plan. The 

harvest strategy in the Plan prescribes 

an open emperor geese subsistence 

season if the Coastal Zone index from 

the previous year is greater than 23,000 

geese, and a closed season if the index 

is below 23,000 geese. If the Coastal 

Zone index is between 23,000 and 

28,000 geese, the AMBCC will consider 

implementing regulatory or 

nonregulatory conservation measures to 

help avoid a closed season in 

subsequent seasons. In 2019, the Coastal 

Zone index (26,585; 95% Confidence 

Limit = 24,161–29,008 geese) dropped 

below the 28,000-bird threshold that 

triggers consideration of conservation 

measures. For the 2020 spring-summer 

hunting season, the AMBCC agreed to 

develop and distribute outreach and 

educational materials to help limit 

emperor goose harvest. The coronavirus 

forced the cancellation of the Coastal 

Zone survey in 2020. Consequently, no 

Coastal Zone index was available to 

inform regulatory decisions for the 2021 

season. 

The harvest strategy in the Plan does 

not include guidance on making 

regulatory decisions in the absence of 

previous year’s survey data; thus, the 

AMBCC’s Emperor Goose Subcommittee 

convened on June 2, 2020, to consider 

available emperor goose population 

status information in the absence of the 

2020 Coastal Zone index. They 

considered results from a number of 

approaches to infer emperor goose 

population status in 2020 including 

prediction from a demographic model 

(Osnas 2020). Results from the different 

approaches were in general agreement, 

and indicated that abundance of 

emperor geese in 2020 likely remains 

between the 23,000 and 28,000 

population thresholds with low 

probability that abundance was below 

the closure threshold. 

Because the predicted abundance of 

emperor geese remains between the 

population thresholds requiring 

consideration of conservation measures, 

the AMBCC Emperor Goose 

Subcommittee and AMBCC 

recommended the emperor goose season 

remain open in 2021. This 

recommendation includes outreach and 

educational efforts and closure of 

emperor goose egg gathering in Alaska 

to help limit harvest of emperor geese, 

considering the uncertainty in emperor 

goose population status in 2020 and the 

desire to reduce the probability of 

having a closed season in the future. 

This proposed regulatory change would 

affect the list of subsistence migratory 

bird species in § 92.22, which is in 

subpart C. 

Clarification of Central Interior 

Excluded Area Boundary 

Current regulations in 50 CFR 

92.5(b)(1) define the geographic 

boundaries of the Central Interior 

Excluded Area but mistakenly fail to 

include the Fairbanks North Star 

Borough. In 2007, the Service enacted 

the ADFG’s request to expand the 

Fairbanks North Star Borough Excluded 

Area (72 FR 18317 April 11, 2007). This 

regulatory change appears in 50 CFR 

92.5(b)(3). The expanded Fairbanks 

North Star Borough Excluded Area was 

renamed the Central Interior Excluded 

Area, but the description of the area 

defined in 50 CFR 92.5(b)(3) fails to 

specifically include the Fairbanks North 

Star Borough. The proposed 

clarification includes the words 

‘‘Fairbanks North Star Borough’’ in the 

description of the Central Interior 

Excluded Area. 

Clarification of the Kodiak Archipelago 

Region Kodiak Island Roaded Area 3- 

Year Experimental Season 

In 2020, the Service approved a 3-year 

experimental season for migratory bird 

hunting and egg gathering by 

registration permit only within the 

Kodiak Island Roaded Area in the 

Kodiak Archipelago Region of Alaska, as 

recommended by the AMBCC in 2019 

(85 FR 73233, November 17, 2020). This 

regulatory change appears in 50 CFR 

92.31. The Roaded Area was to remain 

closed to hunting and egg gathering for 

Arctic terns, Aleutian terns, mew gulls, 

and emperor geese. The regulation 

allows residents of the Kodiak 

Archipelago Region the opportunity to 

participate in subsistence hunting 

activities without the need for a boat in 

an area that otherwise restricts hunting 

to 500 feet offshore and offshore islands. 

Initially, we and the AMBCC expected 

that the 3-year experimental season 

would begin in 2020 and continue 

through 2022. We associated those years 

with the 3-year experimental season in 

the supplementary information of the 

proposed and final rules in 2020, 

although years were not specified in the 

regulations allowing the season. Delay 

in publishing the proposed and final 

rules in 2020 prevented the 3-year 

experimental season from beginning in 

2020 as initially expected. Therefore, we 

clarify here that our intent remains the 

same—to allow a 3-year experimental 

season for migratory bird hunting and 

egg gathering by registration permit 

along the Kodiak Island Roaded Area in 

the Kodiak Archipelago Region of 

Alaska—but that this season is now 

expected to occur during the 2021–2023 

subsistence seasons. The experimental 

season will terminate at the completion 

of the third year, now expected to be in 

2023. Reopening the Roaded Area after 

the 3-year experimental period will 

require a subsequent proposal from the 

AMBCC for continuation of the season 

under either operational or 

experimental status. 

Clarification of the Kodiak Archipelago 

Region Kodiak Island Roaded Area 

Boundary 

As described above, in 2020, the 

Service approved a 3-year experimental 

season for migratory bird hunting and 

egg gathering by registration permit 

within the Kodiak Island Roaded Area 


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11710 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

in the Kodiak Archipelago Region of 

Alaska, as recommended by the AMBCC 

in 2019 (85 FR 73233, November 17, 

2020). This regulatory change appears in 

50 CFR 92.31. Prior to this change, the 

Kodiak Island Roaded Area was closed 

to hunting. Following approval of a 

hunt within the previously closed area, 

the current boundary description of the 

Kodiak Island Roaded Area in 50 CFR 

92.31(e) includes the term ‘‘closed 

area.’’ We propose to clarify the 

language by replacing the words ‘‘closed 

area’’ with ‘‘Kodiak Island Roaded 

Area’’ in 50 CFR 92.31(e) and by 

improving the clarity of the boundary 

description. 

Subsistence Migratory Bird Species 

On April 16, 2020, we published in 

the Federal Register (85 FR 21282) a 

revised List of Migratory Birds protected 

under the Migratory Bird Treaty Act 

(MBTA) by both adding and removing 

species to the list, which appears in 50 

CFR 10.13. Reasons for the changes to 

the list included adding species based 

on revised taxonomy and new evidence 

of natural occurrence in the United 

States or U.S. territories, removing 

species no longer known to occur 

within the United States or U.S. 

territories, and changing names to 

conform to accepted use. This rule went 

into effect on May 18, 2020. The revised 

List of Migratory Birds updated 

nomenclature (family or scientific 

name) for 17 species on the list of birds 

open to subsistence harvest (50 CFR 

92.22) and separated Canada goose into 

two separate species: Cackling goose 

(Branta hutchinsii) and Canada goose 

(Branta canadensis). Therefore, to be 

consistent with the taxonomy on the 

List of Migratory Birds, we are 

proposing to update the taxonomy of the 

list of migratory birds open to 

subsistence harvest at 50 CFR 92.22, and 

correct 11 typographical errors in 

species common names. We are also 

taking this opportunity to reorganize the 

list of migratory birds open to 

subsistence harvest to follow the order 

of bird families as they appear in 50 

CFR 10.13. 

Also, we are proposing to add the 

common snipe to the list of migratory 

birds open to subsistence harvest. On 

April 1, 2016, we published in the 

Federal Register (81 FR 18787) a revised 

list migratory bird subsistence species 

where we replaced the common snipe 

with Wilson’s snipe to account for 

taxonomic changes; Wilson’s snipe was 

previously considered a subspecies 

under common snipe. Snipe in Alaska 

are recognized primarily as Wilson’s 

snipe, but common snipe are known to 

occur on the Aleutian Islands of Alaska. 

Thus, for administrative purposes, we 

clarify that snipe includes both 

recognized species in Alaska: Wilson’s 

snipe and common snipe. Because, 

historically, common snipe applied to 

both species of snipe, the separation of 

these species in the list of migratory 

birds open to subsistence harvest will 

not result in differential harvest effects 

on either species. 

Compliance With the MBTA and the 

Endangered Species Act 

The Service has dual objectives and 

responsibilities for authorizing a 

subsistence harvest while protecting 

migratory birds and threatened species. 

Although these objectives continue to be 

challenging, they are not irreconcilable, 

provided that: (1) Regulations continue 

to protect threatened species, (2) 

measures to address documented threats 

are implemented, and (3) the 

subsistence community and other 

conservation partners commit to 

working together. 

Mortality, sickness, and poisoning 

from lead exposure have been 

documented in many waterfowl species, 

including threatened spectacled eiders 

(Somateria fischeri) and the Alaskabreeding population of Steller’s eiders 

(Polysticta stelleri). While lead shot has 

been banned nationally for waterfowl 

hunting since 1991, Service staff have 

documented significant availability of 

lead shot in waterfowl rounds for sale 

in communities on the YukonKuskokwim Delta and North Slope. The 

Service will work with partners to 

increase our education, outreach, and 

enforcement efforts to ensure that 

subsistence waterfowl hunting is 

conducted using nontoxic shot. 

Conservation Under the MBTA 

We have monitored subsistence 

harvest for the past 25 years through the 

use of household surveys in the most 

heavily used subsistence harvest areas, 

such as the Yukon–Kuskokwim Delta. 

Based on our monitoring of the 

migratory bird species and populations 

taken for subsistence, we find that this 

proposed rule will provide for the 

preservation and maintenance of 

migratory bird stocks as required by the 

MBTA. Communication and 

coordination between the Service, the 

AMBCC, and the Pacific Flyway Council 

have allowed us to set harvest 

regulations to ensure the long-term 

viability of the migratory bird stocks. 

Endangered Species Act Consideration 

Spectacled eiders and the Alaskabreeding population of Steller’s eiders 

are listed as threatened species under 

the Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.). 

Their migration and breeding 

distribution overlap with areas where 

the spring and summer subsistence 

migratory bird hunt is open in Alaska. 

Neither species is included in the list of 

subsistence migratory bird species at 50 

CFR 92.22; therefore, both species are 

closed to subsistence harvest. The 

Service notes that progress is being 

made with other eider conservation 

measures, including partnering with the 

North Slope Migratory Bird Task Force, 

for increased waterfowl-hunter 

awareness, continued enforcement of 

the regulations, and in-season 

verification of the harvest. Moreover, 

under 50 CFR 92.21 and 92.32, the 

Service may implement emergency 

closures, if necessary, to protect Steller’s 

eiders or any other endangered or 

threatened species or migratory bird 

population. 

Section 7 of the ESA requires the 

Secretary of the Interior to review other 

programs administered by the 

Department of the Interior and utilize 

such programs in furtherance of the 

purposes of the ESA. The Secretary is 

further required to insure that any 

action authorized, funded, or carried out 

by the Department of the Interior is not 

likely to jeopardize the continued 

existence of any endangered species or 

threatened species or result in the 

destruction or adverse modification of 

critical habitat. 

The Service’s Alaska Region 

Migratory Bird Management Program 

conducted an intra-agency consultation 

with the Service’s Fairbanks Fish and 

Wildlife Field Office on this proposed 

rule. A biological opinion will be 

updated based on new information to 

ensure these rulemaking actions are not 

likely to jeopardize the continued 

existence of endangered or threatened 

species or result in the destruction or 

adverse modification of designated 

critical habitat. Therefore, we expect 

this rulemaking will comply with the 

ESA. 

Comment Period 

Implementation of the Service’s 2013 

supplemental environmental impact 

statement (EIS) on the hunting of 

migratory birds resulted in changes to 

the overall timing of the annual 

regulatory schedule for the 

establishment of migratory bird hunting 

regulations and the Alaska migratory 

bird subsistence harvest regulations. 

The programmatic document, ‘‘Second 

Final Supplemental Environmental 

Impact Statement: Issuance of Annual 

Regulations Permitting the Sport 

Hunting of Migratory Birds (EIS 

20130139),’’ filed with the 


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Environmental Protection Agency (EPA) 

on May 24, 2013, addresses compliance 

with the National Environmental Policy 

Act by the Service for issuance of the 

annual framework regulations for 

hunting of migratory game bird species. 

We published a notice of availability of 

the EIS in the Federal Register on May 

31, 2013 (78 FR 32686), and our Record 

of Decision on July 26, 2013 (78 FR 

45376). 

The 2013 EIS moved the annual SRC 

meeting from July to October, and this 

procedural change has greatly shortened 

our period each year to publish the 

proposed regulations and solicit 

comments. We are further bounded by 

a subsistence harvest start date of April 

2, 2021. Thus, we have established a 30- 

day comment period for this proposed 

rule (see DATES, above), and we will be 

conducting Tribal consultations within 

Alaska simultaneously. We believe a 30- 

day comment period gives the public 

adequate time to provide meaningful 

comments. 

Required Determinations 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) will review all significant 

rules. OIRA has determined that this 

proposed rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this proposed rule in a manner 

consistent with these requirements. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this proposed rule will not 

have a significant economic impact on 

a substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). A regulatory 

flexibility analysis is not required. 

Accordingly, a Small Entity Compliance 

Guide is not required. This proposed 

rule would legalize a preexisting 

subsistence activity, and the resources 

harvested will be consumed. 

Small Business Regulatory Enforcement 

Fairness Act 

This proposed rule is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This proposed rule: 

(a) Would not have an annual effect 

on the economy of $100 million or 

more. It legalizes and regulates a 

traditional subsistence activity. It will 

not result in a substantial increase in 

subsistence harvest or a significant 

change in harvesting patterns. The 

commodities that will be regulated 

under this rule are migratory birds. This 

proposed rule deals with legalizing the 

subsistence harvest of migratory birds 

and, as such, does not involve 

commodities traded in the marketplace. 

A small economic benefit from this rule 

derives from the sale of equipment and 

ammunition to carry out subsistence 

hunting. Most, if not all, businesses that 

sell hunting equipment in rural Alaska 

qualify as small businesses. We have no 

reason to believe that this proposed rule 

would lead to a disproportionate 

distribution of benefits. 

(b) Would not cause a major increase 

in costs or prices for consumers; 

individual industries; Federal, State, or 

local government agencies; or 

geographic regions. This proposed rule 

does not deal with traded commodities 

and, therefore, would not have an 

impact on prices for consumers. 

(c) Would not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

This proposed rule deals with the 

harvesting of wildlife for personal 

consumption. It would not regulate the 

marketplace in any way to generate 

substantial effects on the economy or 

the ability of businesses to compete. 

Unfunded Mandates Reform Act 

We have determined and certified 

under the Unfunded Mandates Reform 

Act (2 U.S.C. 1501 et seq.) that this rule 

will not impose a cost of $100 million 

or more in any given year on local, 

State, or Tribal governments or private 

entities. The proposed rule would not 

have a significant or unique effect on 

State, local, or Tribal governments or 

the private sector. A statement 

containing the information required by 

the Unfunded Mandates Reform Act is 

not required. Participation on regional 

management bodies and the Council 

requires travel expenses for some Alaska 

Native organizations and local 

governments. In addition, they assume 

some expenses related to coordinating 

involvement of village councils in the 

regulatory process. Total coordination 

and travel expenses for all Alaska 

Native organizations are estimated to be 

less than $300,000 per year. In a notice 

of decision (65 FR 16405; March 28, 

2000), we identified 7 to 12 partner 

organizations (Alaska Native nonprofits 

and local governments) to administer 

the regional programs. The ADFG also 

incurs expenses for travel to Council 

and regional management body 

meetings. In addition, the State of 

Alaska would be required to provide 

technical staff support to each of the 

regional management bodies and to the 

Council. Expenses for the State’s 

involvement may exceed $100,000 per 

year, but should not exceed $150,000 

per year. When funding permits, we 

make annual grant agreements available 

to the partner organizations and the 

ADFG to help offset their expenses. 

Takings (Executive Order 12630) 

Under the criteria in Executive Order 

12630, this proposed rule would not 

have significant takings implications. 

This proposed rule is not specific to 

particular land ownership, but applies 

to the harvesting of migratory bird 

resources throughout Alaska. A takings 

implication assessment is not required. 

Federalism (Executive Order 13132) 

Under the criteria in Executive Order 

13132, this proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. We discuss 

effects of this rulemaking on the State of 

Alaska in the Unfunded Mandates 

Reform Act section, above. We worked 

with the State of Alaska to develop 

these proposed regulations. Therefore, a 

federalism summary impact statement is 

not required. 

Civil Justice Reform (Executive Order 

12988) 

The Department, in promulgating this 

proposed rule, has determined that it 

would not unduly burden the judicial 

system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of Executive Order 12988. 

Government-to-Government Relations 

With Native American Tribal 

Governments 

Consistent with Executive Order 

13175 (65 FR 67249; November 6, 2000), 

‘‘Consultation and Coordination with 

Indian Tribal Governments,’’ and 

Department of the Interior policy on 

Consultation with Indian Tribes 

(December 1, 2011), we will send letters 


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11712 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

via electronic mail to all 229 Alaska 

federally recognized Indian Tribes. 

Consistent with Congressional direction 

(Pub. L. 108–199, div. H, Sec. 161, Jan. 

23, 2004, 118 Stat. 452, as amended by 

Pub. L. 108–447, div. H, title V, Sec. 

518, Dec. 8, 2004, 118 Stat. 3267), we 

also will send letters to approximately 

200 Alaska Native corporations and 

other Tribal entities in Alaska soliciting 

their input as to whether or not they 

would like the Service to consult with 

them on the 2021 migratory bird 

subsistence harvest regulations. 

We implemented the amended treaty 

with Canada with a focus on local 

involvement. The treaty calls for the 

creation of management bodies to 

ensure an effective and meaningful role 

for Alaska’s indigenous inhabitants in 

the conservation of migratory birds. 

According to the Letter of Submittal, 

management bodies are to include 

Alaska Native, Federal, and State of 

Alaska representatives as equals. They 

develop recommendations for, among 

other things: Seasons and bag limits, 

methods and means of take, law 

enforcement policies, population and 

harvest monitoring, educational 

programs, research and use of 

traditional knowledge, and habitat 

protection. The management bodies 

involve village councils to the 

maximum extent possible in all aspects 

of management. To ensure maximum 

input at the village level, we required 

each of the 11 participating regions to 

create regional management bodies 

consisting of at least one representative 

from the participating villages. The 

regional management bodies meet twice 

annually to review and/or submit 

proposals to the statewide body. 

Paperwork Reduction Act of 1995 (PRA) 

This proposed rule contains existing, 

revised, and new information 

collections. All information collections 

require approval under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). We may not conduct or sponsor 

and you are not required to respond to 

a collection of information unless it 

displays a currently valid OMB control 

number. OMB has previously approved 

the information collection requirements 

associated with subsistence harvest 

reporting and assigned OMB Control 

Number 1018–0124. We will submit a 

revision to 1018–0124 to incorporate the 

new harvest reporting requirements 

contained in this rulemaking. 

Additionally, we will request a new 

OMB control number for the permit and 

information letter requirements 

contained in this rulemaking. 

The existing information collection 

requirements identified are currently 

approved by OMB under Control 

Number 1018–0124: 

The harvest surveys collect 

information on the subsistence harvest 

in Alaska of ∼60 species categories of 

birds and their eggs (geese, ducks, 

swans, crane, ptarmigan and grouse, 

seabirds, shorebirds, loons and grebes). 

Survey data includes species category 

and amounts of birds and eggs taken for 

subsistence use in each harvest season 

(spring, summer, fall, winter). The 

surveys rely on collaboration among the 

USFWS, the ADFG, and many Alaska 

Native organizations. Contracts and 

cooperative agreements are in place to 

facilitate the collection of data with 

Alaska Native organizations and other 

regional and local partners. Surveyors 

contact local residents. The ADFG 

Division of Subsistence coordinates the 

surveys on behalf of the AMBCC via a 

cooperative agreement with the USFWS. 

The USFWS uses the survey data to: 

(1) Inform harvest regulations for 

migratory birds and their eggs so they 

are consistent with the long-term 

sustainability of bird populations; 

(2) Document subsistence harvest 

trends and track changes in harvest; 

(3) Document the importance of birds 

as food and cultural resources for 

subsistence communities in Alaska; 

(4) Protect sustainable harvest 

opportunities; and 

(5) Assist in the development of 

management plans by State and Federal 

agencies. 

Federal and State agencies use the 

data collected to develop harvest 

regulations and protect sustainable 

harvest opportunities. The USFWS 

adjusts harvest regulations as needed to 

provide maximum and sustainable 

subsistence harvest opportunities while 

accounting for current bird population 

status and population goals established 

in species’ management plans. The 

AMBCC uses this information to make 

regulation recommendations to the 

Service Regulations Committee. 

Nongovernmental organizations use 

survey data to monitor the status of uses 

of migratory bird resources in Alaska 

and internationally. The survey also 

became a main line of communication 

between wildlife management agencies 

and the local communities and 

harvesters. 

Participation in the surveys is 

voluntary for communities and 

households. In selected communities 

that agree to participate, surveyors 

compile a list of all permanent 

households or addresses, provide 

information about the survey, and assist 

households to complete the harvest 

report form (hardcopy) in in-person 

interviews. Households may offer 

comments on their harvest, on the 

availability of birds, on the survey, or 

any other topic related to bird harvest. 

The survey uses the following forms: 

(1) Tracking Sheet & Household 

Consent (FWS Form 3–2380): The 

surveyor invites each selected 

household to participate and completes 

FWS Form 3–2380 documenting 

whether each selected household agreed 

to participate, did not agree, or could 

not be contacted. The surveyor also uses 

this form to keep track of survey work. 

(2) Harvest Report (FWS Forms 3– 

2381–1, 3–2381–2, 3–2381–3, 3–2381–4, 

and 3–2381–5: The forms have up to 

four sheets, one for each surveyed 

season. The Western and Interior forms 

(3–2381–1 and 3–2381–3; ∼394 

households surveyed per year) have 3 

sheets (spring, summer, and fall). The 

Bristol Bay form has 4 sheets (spring, 

summer, fall, winter; ∼110 households 

surveyed per year). The North Slope 

form has two sheets (spring and 

summer; ∼150 households surveyed per 

year). The Cordova form has only 1 

sheet (spring; ∼27 households surveyed 

per year). The weighted average for the 

whole survey is 2.96 seasonal sheets 

(rounded as 3 for calculation of burden 

estimates). Each seasonal sheet has 

drawings of bird species, next to which 

are fields to record the number of birds 

and eggs harvested. Because bird 

species available for harvest vary in 

different regions of Alaska, there are five 

versions of the harvest report form with 

different sets of species. This helps to 

prevent erroneously recording bird 

species as harvested in areas where they 

do not usually occur. 

The revised and new information 

collection requirements identified 

below require approval by OMB in 

conjunction with the revision to OMB 

Control Number 1018–0124: 

(1) Splitting burden estimates for 3– 

2381–5, Cordova survey (REVISED): We 

realized the previous submission to 

OMB incorrectly reported 3 submissions 

of the Cordova survey rather than a 

single submission for the spring season. 

We are separating the burden for this 

survey out separately from FWS Forms 

3–2381–1, Forms 3–2381–2, Forms 3– 

2381–3, and Forms 3–2381–4 to more 

accurately report harvest data reporting 

burden. 

(1) Harvest Report (FWS Forms 3– 

2381–6 (new) and 3–2381–7 (NEW): 

Starting in 2021, a mail survey akin to 

that conducted for the Cordova harvest 

will be implemented for the Kodiak 

roaded area harvest as required by 

updated Federal regulations for the 

Kodiak Archipelago region. To 

participate in the Kodiak roaded area 

harvest, harvesters are required to 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 11713 

obtain a permit and to complete a 

harvest report form, even if they did not 

harvest. (We will request OMB approval 

of this permit requirement in a separate 

request for a new OMB control number 

explained below). Staff from the ADFG 

Division of Subsistence worked in close 

collaboration with the Sun’aq Tribe of 

Kodiak to develop the permit and 

harvest reporting system. The Sun’aq 

Tribe requested in-season harvest 

reporting. Permits will be issued by the 

Sun’aq Tribe. 

The Kodiak Roaded Area In-Season 

Harvest Report (FWS Form 3–2381–6) 

will be provided to permit holders at the 

time the permit is issued. Harvesters are 

required to record their harvest using 

this form during the season. At the end 

of the season (early Sept.), all permit 

holders are required to submit the 

completed Kodiak Roaded Area InSeason Harvest Report (FWS Form 3– 

2381–7) indicating whether they 

harvested birds and eggs, and if so, the 

kinds and amounts of birds and eggs 

harvested. Permit holders submit the 

completed form by mail to the ADFG for 

data analysis (the form includes the 

return address and is postage-paid). To 

ensure a more complete harvest 

reporting, the ADFG will mail a postseason harvest survey to permit holders 

who did not submit a completed inseason harvest log. The post-season mail 

survey includes two reminders. 

Reported harvests will be extrapolated 

to represent all permit holders based on 

statistical methods. Forms 3–2381–6 

and 3–2381–7 are only completed twice 

per year (spring and summer seasons). 

Title of Collection: Alaska Migratory 

Bird Subsistence Harvest Household 

Surveys. 

OMB Control Numbers: 1018–0124. 

Form Numbers: FWS Forms 3–2381– 

1, Forms 3–2381–2, Forms 3–2381–3, 

Forms 3–2381–4, Forms 3–2381–5, 

Forms 3–2381–6 (New), and Forms 3– 

2381–7 (New). 

Type of Review: Revision to a 

previously approved information 

collection. 

Respondents/Affected Public: 

Individuals and Tribal governments. 

Total Estimated Number of Annual 

Respondents: 2,351. 

Total Estimated Number of Annual 

Responses: 4,551. 

Estimated Completion Time per 

Response: 5 minutes. 

Total Estimated Number of Annual 

Burden Hours: 379. 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: On occasion. 

Total Estimated Annual Nonhour 

Burden Cost: None. 

The additional information collection 

requirements associated with permits 

and invitation letters contained in this 

proposed rule identified below require 

approval by OMB and assignment of a 

new OMB control number: 

(1) Tribal or Village Council Invitation 

Letter: Regulations at 50 CFR 92.5(d) 

allow immediate family members 

(children, parents, grandparents, and 

siblings) living in excluded areas to 

participate in the customary springsummer subsistence harvest of 

migratory birds in a village’s subsistence 

area. This letter of invitation is intended 

to assist permanent residents of the 

village in meeting their nutritional and 

other essential needs or for teaching 

cultural knowledge. The regulations 

specify that participation of residents of 

excluded areas in the spring-summer 

harvest of migratory birds in an eligible 

area must be pre-authorized by a letter 

of invitation issued by a local Tribal or 

Village Council within the harvest area. 

(2) Tribal Council Invitation Permit: 

In 2020, the Service issued final 

regulations (RIN 1018–BF12, 85 FR 

73235, November 17, 2020) that 

established a permit as another method 

to invite an immediate family member 

residing in an excluded area to 

participate in the spring-summer 

subsistence hunt in a defined eligible 

area. The permit, issued by the Tribal 

Council, certifies that the prospective 

hunter is an immediate family member 

as defined in 50 CFR 92.4 and is thereby 

authorized to assist family members in 

hunting migratory birds in a defined 

subsistence harvest area. The permit is 

valid for 2 years from the date of 

issuance. 

(3) Tribal Council Notifications to 

AMBCC: Tribal Councils will provide a 

list of permittees to the Executive 

Director of the AMBCC. 

(4) AMBCC Notification to AK Region 

Office of Law Enforcement: Upon 

receiving copies of the letters of 

invitation and issued permits from 

Tribal and Village Councils, the AMBCC 

Executive Director will inform the 

Service’s Alaska Regional Office of Law 

Enforcement (AK–OLE) within 2 

business days. To date, only two letters 

have been received. 

(5) Kodiak Island Roaded Area 

Experimental Season Permit: The 

Service’s 2020 final rule (RIN 1018– 

BF12) approved a 3-year experimental 

season for migratory bird hunting and 

egg gathering in the Kodiak Island 

Roaded Area in the Kodiak Archipelago 

Region (50 CFR 92.31). Harvesting in the 

Kodiak roaded area requires a 

mandatory permit and harvest reporting. 

The Sun’aq Tribe of Kodiak worked in 

close collaboration with the ADFG 

Division of Subsistence to develop a 

permit and harvest monitoring system. 

Permits are issued by the Sun’aq Tribe 

of Kodiak to individual harvesters. The 

Sun’aq tribe provide copies of issued 

permits to the ADFG Division of 

Subsistence, which uses this 

information to manage the harvest 

reporting system. The permit includes 

fields to write the permit holder’s name 

and mailing address as well as a field 

for the permit holder to sign 

acknowledging the terms of the permit. 

The permit also includes a map of the 

harvest area and description of the 

harvest regulations including the list of 

species opened to harvest. Permit data 

are securely disposed of after 

completion of the annual harvest data 

collection and analysis. 

The regulation allows a 3-year 

experimental season (this proposed rule 

updates the seasons from 2020–2022 to 

the 2021–2023 subsistence seasons) for 

migratory bird hunting and egg 

gathering by registration permit along 

the Kodiak Island Roaded Area in the 

Kodiak Archipelago Region of Alaska. 

The experimental season will terminate 

at the completion of the third year in 

2023. Reopening the Roaded Area after 

the 3-year experimental period will 

require a subsequent proposal from the 

AMBCC for continuation of the season 

under either operational or 

experimental status. 

(6) Cordova Harvest Household 

Registration: The Service’s final rule 

published on April 8, 2014 (79 FR 

19454) authorized spring-summer 

harvest of migratory birds by residents 

of the community of Cordova in the Gulf 

of Alaska region. In 2017, the 

regulations were updated to allow 

residents of the neighboring 

communities of Tatitlek and Chenega to 

harvest in the area defined for the 

Cordova harvest (82 FR 16298, April 4, 

2017). Local partners including the Eyak 

Tribe and the U.S. Forest Service 

Cordova Office Chugach Subsistence 

Program worked in close collaboration 

with the ADFG Division of Subsistence 

to develop a household registration and 

harvest monitoring system using a postseason mail survey. Household 

registrations are issued by the Tribal 

councils of the communities of Cordova, 

Tatitlek, and Chenega as well as by the 

U.S. Forest Service Cordova Office 

Chugach Subsistence Program. The 

registration form includes fields to write 

the permit holder’s name and mailing 

address as well as a field for the permit 

holder to sign acknowledging the terms 

of the permit. The permit also includes 

fields to write the names of other 

household members authorized to 

harvest under the registration. 


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11714 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

Registration data are securely disposed 

of after completion of the annual harvest 

data collection and analysis. 

Title of Collection: Regulations for the 

Taking of Migratory Birds for 

Subsistence Uses in Alaska, 50 CFR Part 

92. 

OMB Control Numbers: 1018–New. 

Form Numbers: None. 

Type of Review: New. 

Respondents/Affected Public: 

Individuals and Tribal governments. 

Total Estimated Number of Annual 

Respondents: 234. 

Total Estimated Number of Annual 

Responses: 234. 

Estimated Completion Time per 

Response: Varies from 15 minutes to 30 

minutes, depending on activity. 

Total Estimated Number of Annual 

Burden Hours: 62. 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: On occasion. 

Total Estimated Annual Nonhour 

Burden Cost: None. 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, we invite the public and other 

Federal agencies to comment on any 

aspect of this information collection, 

including: 

(1) Whether or not the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether or not the 

information will have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) How might the agency minimize 

the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of response. 

Send your written comments and 

suggestions on this information 

collection to OMB by the date indicated 

in DATES to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under Review—Open for 

Public Comments’’ or by using the 

search function. Please provide a copy 

of your comments to the Service 

Information Collection Clearance 

Officer, U.S. Fish and Wildlife Service, 

5275 Leesburg Pike, MS: PRB (JAO/3W), 

Falls Church, VA 22041–3803 (mail); or 

Info_Coll@fws.gov (email). Please 

reference ‘‘OMB Control Number 1018– 

BF08’’ in the subject line of your 

comments. 

National Environmental Policy Act 

Consideration (42 U.S.C. 4321 et seq.) 

The annual regulations and options 

are considered in a January 2021 

environmental assessment, ‘‘Managing 

Migratory Bird Subsistence Hunting in 

Alaska: Hunting Regulations for the 

2021 Spring/Summer Harvest.’’ Copies 

are available from the person listed 

under FOR FURTHER INFORMATION

CONTACT or at http://

www.regulations.gov. 

Energy Supply, Distribution, or Use 

(Executive Order 13211) 

Executive Order 13211 requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. This is not a significant 

regulatory action under this Executive 

Order; it allows only for traditional 

subsistence harvest and improves 

conservation of migratory birds by 

allowing effective regulation of this 

harvest. Further, this proposed rule is 

not expected to significantly affect 

energy supplies, distribution, or use. 

Therefore, this action is not a significant 

energy action under Executive Order 

13211, and a Statement of Energy Effects 

is not required. 

Reference Cited 

Osnas, E. 2020. A simple state space model 

framework to predict harvest 

management survey observations in 

2020. USFWS, publ. analyses: https://

github.com/USFWS/State SpacePrediction-2020. 

List of Subjects in 50 CFR Part 92 

Hunting, Treaties, Wildlife. 

Proposed Regulation Promulgation 

For the reasons set out in the 

preamble, we propose to amend title 50, 

chapter I, subchapter G, of the Code of 

Federal Regulations as follows: 

PART 92—MIGRATORY BIRD 

SUBSISTENCE HARVEST IN ALASKA 

■ 1. The authority citation for part 92 

continues to read as follows: 

Authority: 16 U.S.C. 703–712. 

■ 2. Amend § 92.5 by revising 

paragraphs (b)(3) and (d) to read as 

follows: 

§ 92.5 Who is eligible to participate? 

* * * * * 

(b) * * * 

(3) The Central Interior Excluded Area 

comprises the following: The Fairbanks 

North Star Borough and 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. 

* * * * * 

(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 community’s 

subsistence area with permission of the 

Village or Tribal council, whichever is 

appropriate, to assist indigenous 

inhabitants in meeting their nutritional 

and other essential needs or for the 

teaching of cultural knowledge using 

one of the following procedures: 

(1) A letter of invitation will be sent 

by the Tribal or village council to the 

hunter with a copy to the Executive 

Director of the Co-management Council, 

who will inform the Service’s Alaska 

Region Law Enforcement Office and the 

Service’s Co-management Council 

Coordinator within 2 business 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. 

(2) For the Upper Copper River 

Region, a permit may be issued by the 

Tribal Council or their authorized Tribal 

representative to the invited hunter 

certifying that the permit holder is an 

immediate family member authorized to 

assist eligible family members in 

hunting migratory birds in the Tribe’s 

subsistence harvest area. A permit is 

valid for 2 years from date of issuance. 

A list of permit holders will be sent to 

the Executive Director of the Comanagement Council, who will inform 

the Service’s Alaska Region Office of 

Law Enforcement and the Service’s Comanagement Council Coordinator 

within 2 business 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. 


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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 11715 

■ 3. Amend § 92.22 by revising 

paragraphs (a) through (l) and adding 

paragraph (m) to read as follows: 

§ 92.22 Subsistence migratory bird 

species. 

* * * * * 

(a) Family Anatidae. (1) Emperor 

Goose (Anser canagicus)—except no egg 

gathering is permitted. 

(2) Snow Goose (Anser caerulescens). 

(3) Greater White-fronted Goose 

(Anser albifrons). 

(4) Brant (Branta bernicla)—except no 

egg gathering is permitted in the Yukon/ 

Kuskokwim Delta and the North Slope 

regions. 

(5) Cackling Goose (Branta 

hutchinsii)—except in the Semidi 

Islands. 

(6) Canada Goose (Branta canadensis). 

(7) Tundra Swan (Cygnus 

columbianus)—except in Units 9(D) and 

10. 

(8) Blue-winged Teal (Spatula 

discors). 

(9) Northern Shoveler (Spatula 

clypeata). 

(10) Gadwall (Mareca strepera). 

(11) Eurasian Wigeon (Mareca 

penelope). 

(12) American Wigeon (Mareca 

americana). 

(13) Mallard (Anas platyrhynchos). 

(14) Northern Pintail (Anas acuta). 

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

(16) Canvasback (Aythya valisineria). 

(17) Redhead (Aythya americana). 

(18) Ring-necked Duck (Aythya 

collaris). 

(19) Greater Scaup (Aythya marila). 

(20) Lesser Scaup (Aythya affinis). 

(21) King Eider (Somateria 

spectabilis). 

(22) Common Eider (Somateria 

mollissima). 

(23) Harlequin Duck (Histrionicus 

histrionicus). 

(24) Surf Scoter (Melanitta 

perspicillata). 

(25) White-winged Scoter (Melanitta 

deglandi). 

(26) Black Scoter (Melanitta 

americana). 

(27) Long-tailed Duck (Clangula 

hyemalis). 

(28) Bufflehead (Bucephala albeola). 

(29) Common Goldeneye (Bucephala 

clangula). 

(30) Barrow’s Goldeneye (Bucephala 

islandica). 

(31) Hooded Merganser (Lophodytes 

cucullatus). 

(32) Common Merganser (Mergus 

merganser). 

(33) Red-breasted Merganser (Mergus 

serrator). 

(b) Family Podicipedidae. (1) Horned 

Grebe (Podiceps auritus). 

(2) Red-necked Grebe (Podiceps 

grisegena). 

(c) Family Gruidae. (1) Sandhill Crane 

(Antigone canadensis). 

(2) [Reserved] 

(d) Family Haematopodidae. (1) Black 

Oystercatcher (Haematopus bachmani). 

(2) [Reserved] 

(e) Family Charadriidae. (1) Blackbellied Plover (Pluvialis squatarola). 

(2) Common Ringed Plover 

(Charadrius hiaticula). 

(f) Family Scolopacidae. (1) Bar-tailed 

Godwit (Limosa lapponica). 

(2) Ruddy Turnstone (Arenaria 

interpres). 

(3) Sharp-tailed Sandpiper (Calidris 

acuminata). 

(4) Dunlin (Calidris alpina). 

(5) Baird’s Sandpiper (Calidris 

bairdii). 

(6) Least Sandpiper (Calidris 

minutilla). 

(7) Semipalmated Sandpiper (Calidris 

pusilla). 

(8) Western Sandpiper (Calidris 

mauri). 

(9) Long-billed Dowitcher 

(Limnodromus scolopaceus). 

(10) Common Snipe (Gallinago 

gallinago). 

(11) Wilson’s Snipe (Gallinago 

delicata). 

(12) Spotted Sandpiper (Actitis 

macularius). 

(13) Lesser Yellowlegs (Tringa 

flavipes). 

(14) Greater Yellowlegs (Tringa 

melanoleuca). 

(15) Red-necked Phalarope 

(Phalaropus lobatus). 

(16) Red Phalarope (Phalaropus 

fulicarius). 

(g) Family Stercorariidae. (1) 

Pomarine Jaeger (Stercorarius 

pomarinus). 

(2) Parasitic Jaeger (Stercorarius 

parasiticus). 

(3) Long-tailed Jaeger (Stercorarius 

longicaudus). 

(h) Family Alcidae. (1) Common 

Murre (Uria aalge). 

(2) Thick-billed Murre (Uria lomvia). 

(3) Black Guillemot (Cepphus grylle). 

(4) Pigeon Guillemot (Cepphus 

columba). 

(5) Cassin’s Auklet (Ptychoramphus 

aleuticus). 

(6) Parakeet Auklet (Aethia 

psittacula). 

(7) Least Auklet (Aethia pusilla). 

(8) Whiskered Auklet (Aethia 

pygmaea). 

(9) Crested Auklet (Aethia cristatella). 

(10) Rhinoceros Auklet (Cerorhinca 

monocerata). 

(11) Horned Puffin (Fratercula 

corniculata). 

(12) Tufted Puffin (Fratercula 

cirrhata). 

(i) Family Laridae. (1) Black-legged 

Kittiwake (Rissa tridactyla). 

(2) Red-legged Kittiwake (Rissa 

brevirostris). 

(3) Ivory Gull (Pagophila eburnea). 

(4) Sabine’s Gull (Xema sabini). 

(5) Bonaparte’s Gull (Chroicocephalus 

philadelphia). 

(6) Mew Gull (Larus canus). 

(7) Herring Gull (Larus argentatus). 

(8) Slaty-backed Gull (Larus 

schistisagus). 

(9) Glaucous-winged Gull (Larus 

glaucescens). 

(10) Glaucous Gull (Larus 

hyperboreus). 

(11) Aleutian Tern (Onychoprion 

aleuticus). 

(12) Arctic Tern (Sterna paradisaea). 

(j) Family Gaviidae. (1) Red-throated 

Loon (Gavia stellata). 

(2) Arctic Loon (Gavia arctica). 

(3) Pacific Loon (Gavia pacifica). 

(4) Common Loon (Gavia immer). 

(5) Yellow-billed Loon (Gavia 

adamsii)—In the North Slope Region 

only, a total of up to 20 yellow-billed 

loons inadvertently caught in fishing 

nets may be kept for subsistence 

purposes. 

(k) Family Procellariidae. (1) Northern 

Fulmar (Fulmarus glacialis). 

(2) [Reserved] 

(l) Family Phalacrocoracidae. (1) 

Double-crested Cormorant 

(Phalacrocorax auritus). 

(2) Pelagic Cormorant (Phalacrocorax 

pelagicus). 

(m) Family Strigidae. (1) Great Horned 

Owl (Bubo virginianus). 

(2) Snowy Owl (Bubo scandiacus). 

■ 4. Amend § 92.31 by revising 

paragraph (e) to read as follows: 

§ 92.31 Region-specific regulations. 

* * * * * 

(e) Kodiak Archipelago region. The 

Kodiak Island Roaded Area is open to 

the harvesting of migratory birds and 

their eggs by registration permit only as 

administered by the Alaska Department 

of Fish and Game, Division of 

Subsistence, in cooperation with the 

Sun’aq Tribe of Kodiak. No hunting or 

egg gathering for Arctic terns, Aleutian 

terns, mew gulls, and emperor geese is 

allowed for the Kodiak Island Roaded 

Area Registration Permit Hunt. The 

Kodiak Island Roaded Area consists of 

that portion of Kodiak Island (including 

exposed tidelands) south of a line from 

Termination Point along the north side 

of Cascade Lake to Anton Larsen Bay 

and east of a line from Crag Point to the 

west end of Saltery Cove. Marine waters 

adjacent to the Kodiak Island Roaded 

Area within 500 feet from the water’s 

edge are included in the Kodiak Island 

Roaded Area. The Kodiak Island Roaded 


khammond on DSKJM1Z7X2PROD with PROPOSALS
11716 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Proposed Rules 

Area does not include islands offshore 

of Kodiak Island. A registration permit 

is not required to hunt on lands and 

waters outside the Kodiak Island 

Roaded Area. 

* * * * * 

Shannon A. Estenoz, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks, Exercising the 

Delegated Authority of the Assistant Secretary 

for Fish and Wildlife and Parks. 

[FR Doc. 2021–03979 Filed 2–25–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210219–0028] 

RIN 0648–BK18 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Removing the 

Processing Restriction on Incidentally 

Caught Squids and Sculpins in the 

Gulf of Alaska and the Bering Sea and 

Aleutian Islands Groundfish Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule to remove the regulatory restriction 

that limits processing of squids and 

sculpins to fishmeal only. This 

proposed rule is necessary to allow the 

processing and sale of squids and 

sculpins as products other than fishmeal 

and thereby to help prevent waste of the 

incidental catch of these ecosystem 

component species. This proposed rule 

is intended to promote the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), the 

Fishery Management Plans (FMP) for 

Groundfish of the Gulf of Alaska (GOA) 

and Bering Sea and Aleutian Islands 

Management Area (BSAI) (Groundfish 

FMPs), and other applicable laws. 

DATES: Submit comments on or before 

March 29, 2021. 

ADDRESSES: You may submit comments 

on this document, identified by FDMS 

Docket Number NOAA–NMFS–2020– 

0160, by any of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2020- 

0160, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Records Office. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic copies of the draft 

Regulatory Impact Review (referred to as 

the ‘‘Analysis’’) and the draft 

Categorical Exclusion prepared for this 

proposed rule may be obtained from 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Megan Mackey, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Authority for Action 

NMFS manages the groundfish 

fisheries in the exclusive economic zone 

(EEZ) of the BSAI and GOA under the 

Groundfish FMPs. The North Pacific 

Fishery Management Council (Council) 

prepared the Groundfish FMPs under 

the authority of the Magnuson-Stevens 

Act, 16 U.S.C. 1801 et seq. Regulations 

governing U.S. fisheries and 

implementing the Groundfish FMPs 

appear at 50 CFR parts 600 and 679. 

All relevant comments submitted on 

this proposed rule and received by the 

end of the comment period (See DATES) 

will be considered by NMFS and 

addressed in the response to comments 

in the final rule. 

Background 

Squids and sculpins are defined in 

the ecosystem component (EC) category 

of the Groundfish FMPs. Directed 

fishing for EC species is prohibited. 

Incidental catch of squid species is 

retained in some groundfish fisheries 

and often utilized to prevent waste. 

Typically, sculpins are not retained but 

can be in some circumstances. 

The Council’s 2017 and 2019 actions 

to reclassify squids and sculpins, 

respectively, into the EC category of the 

Groundfish FMPs were based on the 

best available scientific information and 

were consistent with the National 

Standard guidelines. The Federal 

rulemakings to implement the Council’s 

actions prohibited the use or sale of 

incidentally caught squids and sculpins 

unless processed into fishmeal, in 

accordance with the regulations 

governing other EC species (85 FR 

41427, July 10, 2020 (sculpin); 83 FR 

31460, July 6, 2018 (squid)). The 

purpose of this action is to provide 

flexibility for the use of incidentally 

caught squids and sculpins, thereby 

reducing the waste of these EC species, 

and to align the regulations with the 

long-standing use of incidentally caught 

squid species as bait. 

The following sections of this 

preamble provide: 

• A brief history of the restriction on 

processing and sale of squids and 

sculpins, 

• The expected effects of and need for 

this action, and 

• A description of the regulatory 

change proposed in this action. 

Brief History of the Restriction on 

Processing and Sale of Squids and 

Sculpins 

EC species are stocks that a fishery 

management council (council) or the 

Secretary of Commerce (Secretary) has 

determined do not require conservation 

and management, but desire to list in an 

FMP in order to achieve ecosystem 

management objectives (50 CFR 

600.305(c)(5) & (d)(13) and 50 CFR 

600.310(d)(1)). Retention and personal 

use of some EC species in the 

Groundfish FMPs (forage fish, 

grenadiers, squids, and sculpins) is 

allowed up to the applicable maximum 

retainable amount (MRA), which is the 

proportion or percentage of retained 

catch of a species closed for directed 

fishing (incidental catch species) to the 

retained catch of a species open for 

directed fishing (basis species) (50 CFR 

679.20(e) & (i)). Current Federal 

regulations at 50 CFR 679.20(i)(4) & (5) 

prohibit the processing, barter, trade, 

and sale of EC species in Alaska (forage 

fish, grenadiers, squids, and sculpins) 

unless they are processed as fishmeal. 

Amendment 96 to the BSAI FMP and 

Amendment 87 to the GOA FMP 

(Amendments 96/87) (75 FR 61639, 

October 6, 2010) established the EC 

category and designated prohibited 

species (defined in Table 2b to 50 CFR 

part 679, to include salmon, steelhead 

trout, crab, halibut, and herring) and 

forage fish (defined in Table 2c to 50 

CFR part 679 and § 679.20(i)) as EC 

species in both the Groundfish FMPs. 


khammond on DSKJM1Z7X2PROD with PROPOSALS