Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17353 

eligible under the WOSB Program or joint 

venture. 

* * * * * 

[FR Doc. C2–2012–4475 Filed 3–23–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 52 

[FAC 2005–56; FAR Case 2011–030; Item 

VI; Docket 2011–0030, Sequence 1] 

RIN 9000–AM16 

Federal Acquisition Regulation; New 

Designated Country (Armenia) and 

Other Trade Agreements Updates 

Correction 

In rule document 2012–4495 

appearing on pages 12935 through 

12937 in the issue of Friday, March 2 

2012, make the following correction. On 

page 12936, Part 52—Solicitation 

Provisions and Contract Clauses, is 

reprinted in its entirety due to 

numerous errors. It should appear as 

follows: 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 5. Amend section 52.212–5 by 

revising the date of the clause, and 

paragraphs (b)(27) and (b)(41) to read as 

follows: 

52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

Contract Terms and Conditions Required To 

Implement Statutes or Executive Orders— 

Commercial Items (MAR 2012) 

* * * * * 

(b) * * * 

l (27) 52.222–19, Child Labor— 

Cooperation with Authorities and Remedies 

(MAR 2012) (E.O. 13126). 

* * * * * 

l (41) 52.225–5, Trade Agreements (MAR 

2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 

note). 

* * * * * 

■ 6. Amend section 52.213–4 by 

revising the date of the clause and 

paragraph (b)(1)(i) to read as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial Items) 

(MAR 2012) 

* * * * * 

(b) * * * 

(1) * * * 

(i) 52.222–19, Child Labor—Cooperation 

with Authorities and Remedies (MAR 2012) 

(E.O. 13126). (Applies to contracts for 

supplies exceeding the micro-purchase 

threshold.) 

* * * * * 

■ 7. Amend section 52.222–19 by 

revising the date of the clause to read as 

set forth below; and removing from 

paragraph (a)(4) the word ‘‘Aruba,’’ and 

adding the words ‘‘Armenia, Aruba,’’ in 

its place. 

52.222–19 Child Labor—Cooperation with 

Authorities and Remedies. 

* * * * * 

CHILD LABOR—COOPERATION WITH 

AUTHORITIES AND REMEDIES (MAR 2012) 

* * * * * 

■ 8. Amend section 52.225–5 by 

revising the date of the clause to read as 

set forth below; and in paragraph (a) 

removing from paragraph (1) of the 

definition ‘‘Designated country’’ the 

word ‘‘Aruba,’’ and adding the words 

‘‘Armenia, Aruba,’’ in its place. 

52.225–5 Trade Agreements. 

* * * * * 

TRADE AGREEMENTS (MAR 2012) 

* * * * * 

■ 9. Amend section 52.225–7 by 

revising the date of the provision, and 

the second sentence of paragraph (b) to 

read as follows: 

52.225–7 Waiver of Buy American Act for 

Civil Aircraft and Related Articles. 

* * * * * 

Waiver of Buy American Act for Civil 

Aircraft and Related Articles (MAR 2012) 

* * * * * 

(b) * * * Those countries are Albania, 

Austria, Belgium, Bulgaria, Canada, Cyprus, 

Czech Republic, Denmark, Egypt, Estonia, 

Finland, France, Georgia, Germany, Greece, 

Hungary, Ireland, Italy, Japan, Latvia, 

Lithuania, Luxembourg, Macao China, Malta, 

the Netherlands, Norway, Poland, Portugal, 

Romania, Slovakia, Slovenia, Spain, Sweden, 

Switzerland, Taiwan (Chinese Taipei), and 

the United Kingdom. 

* * * * * 

■ 10. Amend section 52.225–11 by 

revising the date of the clause to read as 

set forth below; and in paragraph (a) 

removing from paragraph (1) of the 

definition ‘‘Designated country’’ the 

word ‘‘Aruba,’’ and adding the words 

‘‘Armenia, Aruba,’’ in its place. 

52.225–11 Buy American Act— 

Construction Materials Under Trade 

Agreements. 

* * * * * 

BUY AMERICAN ACT—CONSTRUCTION 

MATERIALS UNDER TRADE AGREEMENTS 

(MAR 2012) * * * 

■ 11. Amend section 52.225–23 by 

revising the date of the clause to read as 

set forth below; and in paragraph (a) 

removing from paragraph (1) of the 

definition ‘‘Designated country’’ and 

paragraph (1) of the definition 

‘‘Recovery Act designated country’’ the 

word ‘‘(Aruba,’’ and adding the words 

‘‘(Armenia, Aruba,’’ in its place. 

52.225–23 Required Use of American Iron, 

Steel, and Manufactured Goods—Buy 

American Act—Construction Materials 

Under Trade Agreements. 

* * * * * 

REQUIRED USE OF AMERICAN IRON, 

STEEL, AND MANUFACTURED GOODS— 

BUY AMERICAN ACT—CONSTRUCTION 

MATERIALS UNDER TRADE AGREEMENTS 

(MAR 2012) 

* * * * * 

[FR Doc. C2–2012–4495 Filed 3–23–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R7–MB–2011–0090; 

FF09M21200–123–FXMB1231099BPP0L2] 

RIN 1018–AX55 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2012 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or we) establishes 

migratory bird subsistence harvest 

regulations in Alaska for the 2012 

season. These regulations will enable 

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 rulemaking is 

necessary because the regulations 

governing the subsistence harvest of 

migratory birds in Alaska are subject to 


sroberts on DSK5SPTVN1PROD with RULES
17354 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

annual review. This rulemaking 

establishes region-specific regulations 

that go into effect on April 2, 2012, and 

expire on August 31, 2012. 

DATES: The amendments to subpart D of 

50 CFR part 92 are effective April 2, 

2012, through August 31, 2012. 

FOR FURTHER INFORMATION CONTACT: Fred 

Armstrong, (907) 786–3887, or Donna 

Dewhurst, (907) 786–3499, U.S. Fish 

and Wildlife Service, 1011 E. Tudor 

Road, Mail Stop 201, Anchorage, AK 

99503. 

SUPPLEMENTARY INFORMATION: These 

regulations will take effect less than 30 

days after publication. If there were a 

delay in the effective date of these 

regulations after this final rulemaking, 

subsistence hunters would not be able 

to take full advantage of their 

subsistence hunting opportunities. We 

therefore find that ‘‘good cause’’ exists 

justifying the earlier start date, within 

the terms of 5 U.S.C. 553(d)(3) of the 

Administrative Procedure Act, and, 

under authority of the Migratory Bird 

Treaty Act (July 3, 1918), as amended 

(16 U.S.C. 703–711). 

Why is this rulemaking necessary? 

This rulemaking is necessary because, 

by law, the migratory bird harvest 

season is closed unless opened by the 

Secretary of the Interior, and the 

regulations governing subsistence 

harvest of migratory birds in Alaska are 

subject to public review and annual 

approval. This rule establishes 

regulations for the taking of migratory 

birds for subsistence uses in Alaska 

during the spring and summer of 2012. 

This rule establishes a list of migratory 

bird season openings and closures in 

Alaska by region. 

How do I find the history of these 

regulations? 

Background information, including 

past events leading to this rulemaking, 

accomplishments since the Migratory 

Bird Treaties with Canada and Mexico 

were amended, and a history, was 

originally addressed in the Federal 

Register on August 16, 2002 (67 FR 

53511) and most recently on March 29, 

2011 (76 FR 17353). Recent Federal 

Register documents, which are all final 

rules setting forth the annual harvest 

regulations, are available at http:// 

alaska.fws.gov/ambcc/regulations.htm 

or by contacting one of the people listed 

under FOR FURTHER INFORMATION

CONTACT. 

What is the process for issuing 

regulations for the Subsistence Harvest 

of Migratory Birds in Alaska? 

The U.S. Fish and Wildlife Service 

(Service or we) are establishing 

migratory bird subsistence harvest 

regulations in Alaska for the 2012 

season. These regulations enable 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 

final regulations were developed under 

a co-management process involving the 

Service, the Alaska Department of Fish 

and Game, and Alaska Native 

representatives. 

We opened the process to establish 

regulations for the 2012 spring and 

summer subsistence harvest of 

migratory birds in Alaska in a proposed 

rule published in the Federal Register 

on April 8, 2011 (76 FR 19876). While 

that proposed rule dealt primarily with 

the regulatory process for hunting 

migratory birds for all purposes 

throughout the United States, we also 

discussed the background and history of 

Alaska subsistence regulations, 

explained the annual process for their 

establishment, and requested proposals 

for the 2012 season. The rulemaking 

processes for both types of migratory 

bird harvest are related, and the April 8, 

2011, proposed rule explained the 

connection between the two. 

The Alaska Migratory Bird Comanagement Council (Co-management 

Council) held a meeting in June 2011, to 

develop recommendations for changes 

that would take effect during the 2012 

harvest season. These recommendations 

were presented first to the Flyway 

Councils and then to the Service 

Regulations Committee at the 

committee’s meeting on July 27 and 28, 

2011. 

On November 3, 2011, we published 

in the Federal Register (76 FR 68264) a 

proposed rule that provided our 

proposed migratory bird subsistence 

harvest regulations in Alaska for the 

2012 season. Regulations presented in 

that proposed rule were identical to 

those for the 2011 harvest season. 

Who is eligible to hunt under these 

regulations? 

Eligibility to harvest under the 

regulations established in 2003 was 

limited to permanent residents, 

regardless of race, in villages located 

within the Alaska Peninsula, Kodiak 

Archipelago, the Aleutian Islands, and 

in areas north and west of the Alaska 

Range (50 CFR 92.5). These geographical 

restrictions opened the initial migratory 

bird subsistence harvest to about 13 

percent of Alaska residents. High 

populated areas such as Anchorage, the 

Matanuska-Susitna and Fairbanks North 

Star boroughs, the Kenai Peninsula 

roaded area, the Gulf of Alaska roaded 

area, and Southeast Alaska were 

excluded from eligible subsistence 

harvest areas. 

Based on petitions requesting 

inclusion in the harvest, in 2004, we 

added 13 additional communities based 

on criteria set forth in 50 CFR 92.5(c). 

These communities were Gulkana, 

Gakona, Tazlina, Copper Center, 

Mentasta Lake, Chitina, Chistochina, 

Tatitlek, Chenega, Port Graham, 

Nanwalek, Tyonek, and Hoonah, with a 

combined population of 2,766. In 2005, 

we added three additional communities 

for glaucous-winged gull egg gathering 

only, based on petitions requesting 

inclusion. These southeastern 

communities were Craig, Hydaburg, and 

Yakutat, with a combined population of 

2,459, based on the latest census 

information at that time. 

In 2007, we enacted the Alaska 

Department of Fish and Game’s request 

to expand the Fairbanks North Star 

Borough excluded area to include the 

Central Interior area. This action 

excluded the following communities 

from participation in this harvest: Big 

Delta/Fort Greely, Healy, McKinley 

Park/Village, and Ferry, with a 

combined population of 2,812. 

What is different in the region-specific 

regulations for 2012? 

Regulations finalized in this rule are 

identical to those for the 2011 harvest 

season. However, at the June 2, 2011, 

Co-Management Council meeting, the 

Yukon/Kuskokwim Delta and Kodiak 

Archipelago regional representatives 

requested to remove their respective 

regions from 2012 regulations by not 

approving the consent agenda. 

Annually, the migratory bird 

subsistence season in Alaska is closed 

until regulations are passed that open 

the upcoming season. If regulations do 

not change from year to year, the 11 

Alaska regions opt to vote a consent 

agenda whereby regulations from the 

previous year (2011) are accepted for the 

following year (2012). 

The justification provided at the CoManagement Council Meeting by the 

Yukon/Kuskokwim Delta representative 

was that the region could not support 

regulations that included the duck 

stamp requirement. The representative 

indicated that there was a conflict in the 

application of other federal 

requirements to the Alaska Migratory 

Bird Co-Management Council (AMBCC) 

regulations and that the Federal 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17355 

Government does not take into 

consideration other Native laws that 

could apply to the regulatory program. 

The representative also indicated that 

there is widespread opposition to the 

Federal duck stamp requirement and 

that he does not support any regulation 

requiring the Federal duck stamp to 

hunt waterfowl. 

The justification provided by the 

Kodiak Archipelago representative was 

that the Kodiak Island representative 

expressed concerns that he was not 

familiar with the AMBCC process and 

was not familiar with the history of the 

regional regulations. The Kodiak 

Archipelago representative indicated 

that, based on discussions with local 

elders, they are not supportive of the 

closure areas or dates and could not 

support them. He indicated that there is 

egg gathering in the Kodiak Island 

region and that was another reason why 

he could not support a closure that 

would stop that activity. 

After the Co-Management Council 

meeting, the Alaska Regional Director 

and his staff contacted both regional 

representatives to inform them that the 

Service Regulations Committee would 

have to implement regulations to 

provide harvest opportunities for 

subsistence users who take migratory 

birds in those areas and elsewhere. The 

Service Regulations Committee met on 

July 28, 2011, and does not support the 

lack of subsistence regulations in the 

Yukon/Kuskokwim and Kodiak 

Archipelago Regions. Therefore, the 

Service is continuing the 2011 

regulations for those two regions 

through the 2012 season without 

change. Justification to finalize these 

regulations is to provide a continuity of 

the regulations affecting subsistence 

harvesters in those areas. 

How will the service ensure that the 

subsistence harvest will not raise 

overall migratory bird harvest or 

threaten the conservation of 

endangered and threatened species? 

We have monitored subsistence 

harvest for the past 25 years through the 

use of annual household surveys in the 

most heavily used subsistence harvest 

areas, such as the Yukon–Kuskokwim 

Delta. In recent years, more intensive 

surveys combined with outreach efforts 

focused on species identification have 

been added to improve the accuracy of 

information gathered from regions still 

reporting some subsistence harvest of 

listed or candidate species. 

Spectacled and Steller’s Eiders 

Spectacled eiders (Somateria fischeri) 

and the Alaska-breeding population of 

Steller’s eiders (Polysticta stelleri) are 

listed as threatened species; their 

migration and breeding distribution 

overlap with areas where the spring and 

summer subsistence migratory bird hunt 

is open in Alaska. Both species are 

closed to hunting, although harvest 

surveys and Service documentation 

indicate both species have been taken in 

several regions of Alaska. 

The Service has dual goals and 

responsibilities for authorizing a 

subsistence harvest while protecting 

migratory birds and threatened species. 

Although these goals continue to be 

challenging, they are not irreconcilable, 

providing sufficient recognition is given 

to the need to protect threatened 

species, measures to remedy 

documented threats are implemented, 

and the subsistence community and 

other conservation partners commit to 

working together. With these dual goals 

in mind, the Service, working with 

North Slope partners, developed 

measures in 2009 to further reduce the 

potential for shooting mortality or injury 

of closed species. These conservation 

measures included: (1) Increased 

waterfowl hunter outreach and 

community awareness through 

partnering with the North Slope 

Migratory Bird Task Force; (2) 

continued enforcement of the migratory 

bird regulations that are protective of 

listed eiders; and (3) in-season Service 

verification of the harvest to detect 

Steller’s eider mortality. 

This final rule continues to focus on 

the North Slope from Barrow through 

Point Hope because Steller’s eiders from 

the listed Alaska breeding population 

are known to breed and migrate there. 

These regulations were designed to 

address several ongoing eider 

management needs by clarifying for 

subsistence users that (1) Service law 

enforcement personnel have authority to 

verify species of birds possessed by 

hunters, and (2) it is illegal to possess 

any bird closed to harvest. This rule also 

describes how the Service’s existing 

authority of emergency closure will be 

implemented, if necessary, to protect 

Steller’s eiders. We are always willing to 

discuss regulations with our partners on 

the North Slope to ensure these protect 

closed species as well as provide 

subsistence hunters an opportunity to 

harvest migratory birds in a way that 

maintains the culture and traditional 

harvest of the community. The 

regulations pertaining to bag checks and 

possession of illegal birds are deemed 

necessary to verify compliance with not 

harvesting protected eider species. 

The Service is aware of and 

appreciates the considerable efforts by 

North Slope partners to raise awareness 

and educate hunters on Steller’s eider 

conservation via the bird fair, meetings, 

radio shows, signs, school visits, and 

one-on-one contacts. We also recognize 

that no listed eiders have been 

documented shot in the last 3 years, 

even with the first significant breeding 

season in recent years for Steller’s eiders 

occurring in the Barrow area this past 

summer. The Service acknowledges 

progress made with the 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 inseason verification of the harvest. Our 

primary strategy to reduce the threat of 

shooting mortality of threatened eiders 

is to continue working with North Slope 

partners to conduct education, outreach, 

and harvest monitoring. In addition, the 

emergency closure authority provides 

another level of assurance if an 

unexpected amount of Steller’s eider 

shooting mortality occurs (50 CFR 92.21 

and 50 CFR 92.32). 

In-season harvest monitoring 

information will be used to evaluate the 

efficacy of regulations, conservation 

measures, and outreach efforts. During 

2009 through 2011, no Steller’s eiders 

were reported being taken on the North 

Slope, and no Steller’s eiders were 

found shot during in-season verification 

of the subsistence harvest. Based on 

these successes, the 2011 conservation 

measures will also be continued, 

although there will be some 

modification of the amount of effort and 

emphasis each will receive. Specifically, 

local communities have continued to 

develop greater responsibility for taking 

actions to ensure Steller’s and 

spectacled eider conservation and 

recovery, and based on last year’s 

observations, local hunters have 

demonstrated greater compliance with 

hunting regulations. 

The longstanding general emergency 

closure provision at 50 CFR 92.21 

specifies that the harvest may be closed 

or temporarily suspended upon finding 

that a continuation of the regulation 

allowing the harvest would pose an 

imminent threat to the conservation of 

any migratory bird population. With 

regard to Steller’s eiders, the regulation 

at 50 CFR 92.32, carried over from the 

past 2 years, would clarify that we will 

take action under 50 CFR 92.21 as is 

necessary to prevent further take of 

Steller’s eiders, and that action could 

include temporary or long-term closures 

of the harvest in all or a portion of the 

geographic area open to harvest. If 

mortality of threatened eiders occurs, 

we will evaluate each mortality event by 

criteria such as cause, quantity, sex, age, 

location, and date. We will consult with 


sroberts on DSK5SPTVN1PROD with RULES
17356 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

the Co-management Council when we 

are considering an emergency closure. If 

we determine that an emergency closure 

is necessary, we will design it to 

minimize its impact on the subsistence 

harvest. 

Yellow-Billed Loon And Kittlitz’s 

Murrelet 

Yellow-billed loon (Gavia adamsii) 

and Kittlitz’s murrelet (Brachyramphus 

brevirostris) are candidate species for 

listing under the Endangered Species 

Act of 1973, as amended (16 U.S.C. 1531 

et seq.). Their migration and breeding 

distribution overlaps with where the 

spring and summer migratory bird hunt 

is open in Alaska. Both species are 

closed to hunting, and there is no 

evidence Kittlitz’s murrelets are 

harvested. On the other hand, harvest 

surveys have indicated that harvest of 

yellow-billed loons on the North Slope 

and St. Lawrence Island does occur. 

Most of the yellow-billed loons reported 

harvested on the North Slope were 

found to be entangled loons salvaged 

from subsistence fishing nets as 

described below. The Service will 

continue outreach efforts in both areas 

in 2012, engaging partners to improve 

harvest estimates and decrease take of 

yellow-billed loons. 

Consistent with the request of the 

North Slope Borough Fish and Game 

Management Committee and the 

recommendation of the Co-management 

Council, this rule continues through 

2012 the provisions originally 

established in 2005, to allow 

subsistence use of yellow-billed loons 

inadvertently entangled in subsistence 

fishing (gill) nets on the North Slope. 

Yellow-billed loons are culturally 

important to the Inupiat Eskimo of the 

North Slope for use in traditional dance 

regalia. A maximum of 20 yellow-billed 

loons may be kept if found entangled in 

fishing nets in 2012, under this 

provision. This provision does not 

authorize intentional harvest of yellowbilled loons, but allows use of those 

loons inadvertently entangled during 

normal subsistence fishing activities. 

In 2010, the Service Regulations 

Committee’s continued support of this 

provision was contingent on the North 

Slope Borough collaborating with the 

Service and the Co-Management 

Council to design and implement, in 

2011, a scientifically defensible survey 

to estimate the number of yellow-billed 

loons entangled in subsistence fishing 

nets. During June 2011, the North Slope 

submitted a proposal entitled, 

‘‘Assessment of Yellow-Billed Loons 

Inadvertently Entangled in Subsistence 

Fishing Nets in the North Slope 

Borough’’ that has been endorsed by the 

Alaska Department of Fish and Game 

and the Service. The Service 

Regulations Committee met on July 28, 

2011, and appreciated the efforts by the 

North Slope Borough to develop a 

scientifically defensible yellow-billed 

loon entanglement survey and therefore 

supported continuation of the provision 

to allow subsistence use of up to 20 

yellow-billed loons inadvertently caught 

in subsistence fishing nets. 

Endangered Species Act Consideration 

Section 7 of the Endangered Species 

Act (16 U.S.C. 1536) requires the 

Secretary of the Interior to ‘‘review other 

programs administered by him and 

utilize such programs in furtherance of 

the purposes of the Act’’ and to ‘‘insure 

that any action authorized, funded, or 

carried out * * * 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 

* * *’’ We conducted an intra-agency 

consultation with the Fairbanks Fish 

and Wildlife Field Office on this harvest 

as it will be managed in accordance 

with this final rule and the conservation 

measures. The consultation was 

completed with a March 14, 2012, 

biological opinion that concluded the 

final rule and conservation measures are 

not likely to jeopardize the continued 

existence of Steller’s eider, spectacled 

eider, yellow-billed loon, or Kittlitz’s 

murrelet, or result in the destruction or 

adverse modification of designated 

critical habitat for Steller’s eider or 

spectacled eider. 

Summary of Public Involvement 

On November 3, 2011, we published 

in the Federal Register a proposed rule 

(76 FR 68264) to establish spring and 

summer migratory bird subsistence 

harvest regulations in Alaska for the 

2012 subsistence season. The proposed 

rule provided for a public comment 

period of 60 days, ending January 3, 

2012. We posted an announcement of 

the comment period dates for the 

proposed rule, as well as the rule itself 

and related historical documents, on the 

Co-management Council’s Internet 

homepage. We issued a press release 

announcing our request for public 

comments and the pertinent deadlines 

for such comments, which was faxed to 

the media Statewide. Additionally, all 

documents were available on http:// 

www.regulations.gov. The Service 

received two responses, one from an 

organization and the other from an 

individual. 

Response to Public Comments 

General Comments 

Comment: We received one general 

comment on the overall regulations that 

expressed strong opposition to the 

concept of allowing any harvest of 

migratory birds in Alaska. 

Service Response: For centuries, 

indigenous inhabitants of Alaska have 

harvested migratory birds for 

subsistence purposes during the spring 

and summer months. The Canada and 

Mexico migratory bird treaties were 

amended for the express purpose of 

allowing subsistence hunting for 

migratory birds during the spring and 

summer. The amendments indicate that 

the Service should issue regulations 

allowing such hunting as provided in 

the Migratory Bird Treaty Act; see 16 

U.S.C. 712(1). See also Statutory 

Authority section, below, for more 

details. 

Section 92.20 Methods and Means 

Comment: We received one comment 

addressing an objection that the use of 

bowhunting for birds was not 

prohibited. Also the commenter was 

concerned that the use of dogs to 

retrieve harvested birds was not 

prohibited. The commenter opined that 

both forms of bird hunting are cruel and 

involve injuries to the birds, often 

resulting in slow and painful deaths. 

Service Response: The amendments to 

Migratory Bird Treaty Act have two 

mandates: one is for the conservation of 

migratory birds, and the other is to 

continue the customary and traditional 

harvest of migratory birds during the 

spring and summer seasons. The use of 

bowhunting and the use of dogs for 

retrieving are both considered not to be 

customary and traditional practices in 

rural Alaska for harvesting migratory 

birds, and are rarely if ever practiced. 

Therefore, they are not considered to be 

issues of conservation concern. 

Statutory Authority 

We derive our authority to issue these 

regulations from the Migratory Bird 

Treaty Act of 1918, at 16 U.S.C. 712(1), 

which authorizes the Secretary of the 

Interior, in accordance with the treaties 

with Canada, Mexico, Japan, and Russia, 

to ‘‘issue such regulations as may be 

necessary to assure that the taking of 

migratory birds and the collection of 

their eggs, by the indigenous inhabitants 

of the State of Alaska, shall be permitted 

for their own nutritional and other 

essential needs, as determined by the 

Secretary of the Interior, during seasons 

established so as to provide for the 

preservation and maintenance of stocks 

of migratory birds.’’ 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17357 

Required Determinations 

Regulatory Planning and Review 

(Executive Order 12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant and has not reviewed 

this rule under Executive Order 12866 

(E.O. 12866). OMB bases its 

determination upon the following four 

criteria: 

(a) Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b) Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

(c) Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this 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.). An initial 

regulatory flexibility analysis is not 

required. Accordingly, a Small Entity 

Compliance Guide is not required. This 

final rule legalizes a pre-existing 

subsistence activity, and the resources 

harvested will be consumed by the 

harvesters or persons within their local 

community. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(a) Will 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 

being regulated under this final rule are 

migratory birds. This rule deals with 

legalizing the subsistence harvest of 

migratory birds and, as such, does not 

involve commodities traded in the 

marketplace. A small economic benefit 

from this final 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 final rule will lead to 

a disproportionate distribution of 

benefits. 

(b) Will not cause a major increase in 

costs or prices for consumers; 

individual industries; Federal, State, or 

local government agencies; or 

geographic regions. This final rule does 

not deal with traded commodities and, 

therefore, does not have an impact on 

prices for consumers. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

This final rule deals with the harvesting 

of wildlife for personal consumption. It 

does not regulate the marketplace in any 

way to generate effects on the economy 

or the ability of businesses to compete. 

Unfunded Mandates Reform Act 

We have determined and certified 

under the Unfunded Mandates Reform 

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

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 final rule does 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 Comanagement Council will require travel 

expenses for some Alaska Native 

organizations and local governments. In 

addition, they will assume some 

expenses related to coordinating 

involvement of village councils in the 

regulatory process. Total coordination 

and travel expenses for all Alaska 

Native organizations are estimated to be 

less than $300,000 per year. In 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 Alaska 

Department of Fish and Game will also 

incur expenses for travel to Comanagement Council and regional 

management body meetings. In 

addition, the State of Alaska will be 

required to provide technical staff 

support to each of the regional 

management bodies and to the Comanagement Council. Expenses for the 

State’s involvement may exceed 

$100,000 per year, but should not 

exceed $150,000 per year. When 

funding permits, we make annual grant 

agreements available to the partner 

organizations and the Alaska 

Department of Fish and Game to help 

offset their expenses. 

Takings (Executive Order 12630) 

Under the criteria in Executive Order 

12630, this final rule does not have 

significant takings implications. This 

final 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 final rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. We discuss 

effects of this final rule on the State of 

Alaska in the Unfunded Mandates 

Reform Act section above. We worked 

with the State of Alaska to develop 

these regulations. Therefore, a 

federalism summary impact statement is 

not required. 

Civil Justice Reform (Executive Order 

12988) 

The Department, in promulgating this 

final rule, has determined that it will 

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 

In keeping with the spirit of the 

President’s memorandum of April 29, 

1994, ‘‘Government-to-Government 

Relations With Native American Tribal 

Governments’’ (59 FR 22951), and 

Executive Order 13175 (65 FR 67249; 

November 6, 2000), concerning 

consultation and coordination with 

Indian Tribal Governments, we 

submitted over 413 letters to all tribes, 

tribal entities, and Native Corporations 

in Alaska soliciting their input as to 

whether or not they would like the 

Service to consult with them on the 

2012 migratory bird subsistence harvest 

regulations. We received 5 responses, of 

which 3 requested consultation, and one 

indicated they were happy with the 

process and did not want consultation. 

We did follow up with a call to the latter 

tribe, and they were undecided as to 

what they wanted to do. We conducted 

3 consultations with the tribes on 

December 4, 2012. All 3 tribes were 

happy with the information provided 

and did not have any comments on the 

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 


sroberts on DSK5SPTVN1PROD with RULES
17358 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

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 

will develop recommendations for 

among other things: seasons and bag 

limits, methods and means of take, law 

enforcement policies, population and 

harvest monitoring, education programs, 

research and use of traditional 

knowledge, and habitat protection. The 

management bodies will 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 

This final rule has been examined 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501 et seq.) and does 

not contain any new collections of 

information that require Office of 

Management and Budget (OMB) 

approval. OMB has approved our 

collection of information associated 

with the voluntary annual household 

surveys used to determine levels of 

subsistence take. The OMB control 

number is 1018–0124, which expires 

April 30, 2013. An agency may not 

conduct or sponsor and a person is not 

required to respond to a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act (42 

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

The annual regulations and options 

were considered in the environmental 

assessment, ‘‘Managing Migratory Bird 

Subsistence Hunting in Alaska: Hunting 

Regulations for the 2012 Spring/ 

Summer Harvest,’’ October 25, 2011. 

Copies are available from either 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 will allow only for traditional 

subsistence harvest and will improve 

conservation of migratory birds by 

allowing effective regulation of this 

harvest. Further, this final 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 no Statement of Energy Effects is 

required. 

List of Subjects in 50 CFR Part 92 

Hunting, Treaties, Wildlife. 

Final Regulation Promulgation 

For the reasons set out in the 

preamble, we amend title 50, chapter I, 

subchapter G, of the Code of Federal 

Regulations as follows: 

PART 92—MIGRATORY BIRD 

SUBSISTENCE HARVEST IN ALASKA 

■ 1. The authority citation for part 92 

continues to read as follows: 

Authority: 16 U.S.C. 703–712. 

Subpart D—Annual Regulations 

Governing Subsistence Harvest 

■ 2. Add § 92.31 to subpart D to read as 

follows: 

§ 92.31 Region-specific regulations. 

The 2012 season dates for the eligible 

subsistence harvest areas are as follows: 

(a) Aleutian/Pribilof Islands Region. 

(1) Northern Unit (Pribilof Islands): 

(i) Season: April 2–June 30. 

(ii) Closure: July 1–August 31. 

(2) Central Unit (Aleut Region’s 

eastern boundary on the Alaska 

Peninsula westward to and including 

Unalaska Island): 

(i) Season: April 2–June 15 and July 

16–August 31. 

(ii) Closure: June 16–July 15. 

(iii) Special Black Brant Season 

Closure: August 16–August 31, only in 

Izembek and Moffet lagoons. 

(iv) Special Tundra Swan Closure: All 

hunting and egg gathering closed in 

units 9(D) and 10. 

(3) Western Unit (Umnak Island west 

to and including Attu Island): 

(i) Season: April 2–July 15 and August 

16–August 31. 

(ii) Closure: July 16–August 15. 

(b) Yukon/Kuskokwim Delta Region. 

(1) Season: April 2–August 31. 

(2) Closure: 30-day closure dates to be 

announced by the 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 30-day period will 

occur between June 1 and August 15 of 

each year. A press release announcing 

the actual closure dates will be 

forwarded to regional newspapers and 

radio and television stations. 

(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 2–June 14 and July 

16–August 31 (general season); April 2– 

July 15 for seabird egg gathering only. 

(2) Closure: June 15–July 15 (general 

season); July 16–August 31 (seabird egg 

gathering). 

(d) Bering Strait/Norton Sound 

Region. 

(1) Stebbins/St. Michael Area (Point 

Romanof to Canal Point): 

(i) Season: April 15–June 14 and July 

16–August 31. 

(ii) Closure: June 15–July 15. 

(2) Remainder of the region: 

(i) Season: April 2–June 14 and July 

16–August 31 for waterfowl; April 2– 

July 19 and August 21–August 31 for all 

other birds. 

(ii) Closure: June 15–July 15 for 

waterfowl; July 20–August 20 for all 

other birds. 

(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 

Larson Bay. Waters adjacent to the 

closed area are closed to harvest within 

500 feet from the water’s edge. The 

offshore islands are open to harvest. 

(1) Season: April 2–June 30 and July 

31–August 31 for seabirds; April 2–June 

20 and July 22–August 31 for all other 

birds. 

(2) Closure: July 1–July 30 for 

seabirds; June 21–July 21 for all other 

birds. 

(f) Northwest Arctic Region. 

(1) Season: April 2–June 9 and August 

15–August 31 (hunting in general); 

waterfowl egg gathering May 20–June 9 

only; seabird egg gathering May 20–July 

12 only; hunting molting/non-nesting 

waterfowl July 1–July 31 only. 

(2) Closure: June 10–August 14, 

except for the taking of seabird eggs and 

molting/non-nesting waterfowl as 

provided in paragraph (f)(1) of this 

section. 

(g) North Slope Region. 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17359 

(1) Southern Unit (Southwestern 

North Slope regional boundary east to 

Peard Bay, everything west of the 

longitude line 158°30′ 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 2–June 29 and July 

30–August 31 for seabirds; April 2–June 

19 and July 20–August 31 for all other 

birds. 

(ii) Closure: June 30–July 29 for 

seabirds; June 20–July 19 for all other 

birds. 

(iii) Special Black Brant Hunting 

Opening: From June 20–July 5. The 

open area would consist 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 6–June 6 and July 7– 

August 31 for king and common eiders; 

April 2–June 15 and July 16–August 31 

for all other birds. 

(ii) Closure: June 7–July 6 for king and 

common eiders; June 16–July 15 for all 

other birds. 

(3) Eastern Unit (East of eastern bank 

of the Sagavanirktok River): 

(i) Season: April 2–June 19 and July 

20–August 31. 

(ii) Closure: June 20–July 19. 

(4) All Units: yellow-billed loons. 

Annually, up to 20 yellow-billed loons 

total for the region may be inadvertently 

entangled in subsistence fishing nets in 

the North Slope Region and 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 2–June 14 and July 

16–August 31; egg gathering May 1–June 

14 only. 

(2) Closure: June 15–July 15. 

(i) Upper Copper River Region 

(Harvest Area: Units 11 and 13) (Eligible 

communities: Gulkana, Chitina, Tazlina, 

Copper Center, Gakona, Mentasta Lake, 

Chistochina and Cantwell). 

(1) Season: April 15–May 26 and June 

27–August 31. 

(2) Closure: May 27–June 26. 

(3) The Copper River Basin 

communities listed above also 

documented traditional use harvesting 

birds in 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 

(Harvest area: Unit 6[D]), (Eligible 

Chugach communities: Chenega Bay, 

Tatitlek): 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(2) Kachemak Bay Area (Harvest area: 

Unit 15[C] South of a line connecting 

the tip of Homer Spit to the mouth of 

Fox River) (Eligible Chugach 

Communities: Port Graham, Nanwalek): 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(k) Cook Inlet (Harvest area: portions 

of Unit 16[B] as specified below) 

(Eligible communities: Tyonek only): 

(1) Season: April 2–May 31—That 

portion of Unit 16(B) south of the 

Skwentna River and west of the Yentna 

River, and August 1–31—That portion 

of Unit 16(B) south of the Beluga River, 

Beluga Lake, and the Triumvirate 

Glacier: 

(2) Closure: June 1–July 31. 

(l) Southeast Alaska. 

(1) Community of Hoonah (Harvest 

area: 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: glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

(2) Communities of Craig and 

Hydaburg (Harvest area: small islands 

and adjacent shoreline of western Prince 

of Wales Island from Point Baker to 

Cape Chacon, but also including 

Coronation and Warren islands): 

(i) Season: glaucous-winged gull egg 

gathering only: May 15–June 30. 

(ii) Closure: July 1–August 31. 

(3) Community of Yakutat (Harvest 

area: Icy Bay (Icy Cape to Point Riou), 

and coastal lands and islands bordering 

the Gulf of Alaska from Point Manby 

southeast to Dry Bay): 

(i) Season: glaucous-winged gull egg 

gathering: May 15–June 30. 

(ii) Closure: July 1–August 31. 

■ 3. Add § 92.32 to subpart D to read as 

follows: 

§ 92.32 Emergency regulations to protect 

Steller’s eiders. 

Upon finding that continuation of the 

subsistence regulations in this subpart 

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 large-scale 

regional or Statewide long-term closures 

of all subsistence migratory bird 

hunting. These closures or temporary 

suspensions will remain in effect until 

the Regional Director, in consultation 

with the Co-management Council, 

determines that the potential for 

additional Steller’s eiders to be taken no 

longer exists. 

Dated: March 12, 2012. 

Rachel Jacobson, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–7199 Filed 3–23–12; 8:45 am] 

BILLING CODE 4310–55–P 


sroberts on DSK5SPTVN1PROD with RULES