9392 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 15–2, RM–11744; DA 15– 

210] 

Television Broadcasting Services; 

Lansing, Michigan 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: A petition for rulemaking was 

filed by WLAJ–TV LLC (‘‘Petitioner’’), 

the licensee of WLAJ–TV, channel 51, 

Lansing, Michigan, requesting the 

substitution of channel 25 for channel 

51 at Lansing. Petitioner filed comments 

reaffirming its interest in the proposed 

channel substitution stating that if the 

proposal is granted, it will promptly file 

an application for the facilities specified 

in its rulemaking petition and construct 

the station. Petitioner also reiterates that 

the grant of the petition would serve the 

public interest because its operation on 

channel 25 would eliminate potential 

interference to and from wireless 

operations in the adjacent Lower 700 

MHz A Block. The proposed 

substitution will permit the wireless 

licensee to expand operations in service 

to subscribers. 

DATES: Effective February 23, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Miller, Jeremy.Miller@fcc.gov, 

Media Bureau, (202) 418–1507. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 15–2, 

adopted February 13, 2015, and released 

February 13, 2015. The full text of this 

document is available for public 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center at Portals II, CY– 

A257, 445 12th Street SW., Washington, 

DC 20554. This document will also be 

available via ECFS (http://

fjallfoss.fcc.gov/ecfs/). To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

the Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Michigan is amended by 

removing channel 51 and adding 

channel 25 at Lansing. 

[FR Doc. 2015–03742 Filed 2–20–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R7–MB–2014–0036; 

FF09M21200–145–FXMB1231099BPP0] 

RIN 1018–BA48 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2015 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or we) is establishing 

migratory bird subsistence harvest 

regulations in Alaska for the 2015 

season. 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 rulemaking is 

necessary because the regulations 

governing the subsistence harvest of 

migratory birds in Alaska are subject to 

annual review. This rulemaking 

establishes region-specific regulations 

that would go into effect on April 2, 

2015, and expire on August 31, 2015. 

DATES: Effective April 2, 2015, through 

August 31, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Donna Dewhurst, U.S. Fish and Wildlife 

Service, 1011 E. Tudor Road, Mail Stop 

201, Anchorage, AK 99503; (907) 786– 

3499. 

SUPPLEMENTARY INFORMATION: 

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 2015. 

This rule also sets forth 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, were 

originally addressed in the Federal 

Register on August 16, 2002 (67 FR 

53511) and most recently on April 8, 

2014 (79 FR 19454). 

Recent Federal Register documents 

and all final rules setting forth the 

annual harvest regulations are available 

at http://www.fws.gov/alaska/ambcc/

regulations.htm or by contacting the 

person 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) is establishing migratory 

bird subsistence harvest regulations in 

Alaska for the 2015 season. 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 


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Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 9393 

occur. These 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 2015 spring and 

summer subsistence harvest of 

migratory birds in Alaska in a proposed 

rule published in the Federal Register 

on April 30, 2014 (79 FR 24512), to 

amend 50 CFR part 20. While that 

proposed rule primarily addressed 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 2015 

season. The rulemaking processes for 

both types of migratory bird harvest are 

related, and the April 30, 2014, 

proposed rule explained the connection 

between the two. 

The Alaska Migratory Bird Comanagement Council (Co-management 

Council) held meetings on April 10–11, 

2014, to develop recommendations for 

changes that would take effect during 

the 2015 harvest season. No changes 

were recommended, and this was 

presented first to the Pacific Flyway 

Council and then to the Service 

Regulations Committee (SRC) for 

approval at the committee’s meeting on 

July 30, 2014. 

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. Highpopulated, roaded 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. 

In 2012, we received a request from 

the Native Village of Eyak to include 

Cordova, Alaska, for a limited season 

that would legalize the traditional 

gathering of gull eggs and the hunting of 

waterfowl during spring. This request 

resulted in a new, limited harvest of 

spring waterfowl and gull eggs starting 

in 2014. 

What is different in the region-specific 

regulations for 2015? 

There are no changes from the 2014 

regulations. 

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 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 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 regulations continue to 

protect threatened species, measures to 

address documented threats are 

implemented, and the subsistence 

community and other conservation 

partners commit to working together. 

With these dual objectives 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; 

and (2) continued enforcement of the 

migratory bird regulations that are 

protective of listed eiders. 

This final rule continues to focus on 

the North Slope from Barrow to Point 

Hope because Steller’s eiders from the 

listed Alaska breeding population are 

known to breed and migrate there. 

These regulations are 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 species of 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 protection of 

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 monitor the number of 

closed eider species taken during the 

subsistence hunt. 

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 from 2009 through 

2012, however, one Steller’s eider and 

one spectacled eider were found shot 

during the summer of 2013; and one 

was found shot in 2014. 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 in-season verification 


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9394 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 

of the harvest. To reduce the threat of 

shooting mortality of threatened eiders, 

we continue to work with North Slope 

partners to conduct education and 

outreach. In addition, the emergency 

closure authority provides another level 

of assurance if an unexpected number of 

Steller’s eiders are killed by shooting 

(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. 

Conservation measures are being 

continued by the Service, with the 

amount of effort and emphasis being 

based on regulatory adherence. 

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 5 years, clarifies 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. When 

and if mortality of threatened eiders is 

documented, we will evaluate each 

mortality event by criteria such as 

cause, quantity, sex, age, location, and 

date. We will consult with the Comanagement 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 

In the proposed rule, we discussed 

Yellow-billed loons (Gavia adamsii) as 

a candidate species for listing under the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). Since 

then, the Service published a ‘‘notwarranted’’ 12-Month Finding in the 

Federal Register on October 3, 2014 (79 

FR 59195), determining that listing 

yellow-billed loons as a threatened or 

endangered species is not warranted at 

this time. There are several reasons the 

Service determined that listing the 

yellow-billed loon was not warranted in 

contrast to our earlier determination. 

The Service and its partners expanded 

efforts to better understand yellowbilled loon harvest, abundance, and 

distribution in the Bering Strait-Norton 

Sound region with the goal of evaluating 

the reliability of reported subsistence 

harvest. The Service now has reliable 

information suggesting the yellow-billed 

loon is not a significant subsistence 

resource; and, that the limited harvest 

does not have a negative impact on the 

population. Also, additional years of 

survey data on the Arctic Coastal Plain 

in Alaska of survey data on the Arctic 

Coastal Plain in Alaska further support 

that the breeding population, which we 

believe to be representative of the other 

breeding populations, is stable or 

slightly increasing in abundance. 

Though the Service is not listing the 

yellow-billed loon, it remains a 

conservation priority for the Service. 

The Service, working with Tribal, State, 

and Federal partners, will continue to 

monitor and implement conservation 

measures for the yellow-billed loon in 

northern and western Alaska. 

The Yellow-billed Loon Species 

Status Assessment Report is available 

on the Internet at on http://

www.fws.gov/alaska/fisheries/

endangered/species/yellow-billed_

loon.htm. 

Yellow-billed loons are currently 

closed to hunting, but surveys have 

indicated that on the North Slope and 

St. Lawrence Island some take does 

occur. Of the yellow-billed loons taken 

on the North Slope, many were found to 

be entangled loons salvaged from 

subsistence fishing nets as described 

below. The Service is planning to 

continue outreach efforts on St. 

Lawrence Island, encouraging partners 

in an effort to reduce the take of yellowbilled 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 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 will 

be allowed to be kept if found entangled 

in fishing nets in 2015, 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. 

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 intraagency consultation with the Service’s 

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 

biological opinion dated December 5, 

2014, that concluded the final rule and 

conservation measures are not likely to 

jeopardize the continued existence of 

Steller’s and spectacled eiders or result 

in the destruction or adverse 

modification of designated critical 

habitat. 

Summary of Public Involvement 

On September 5, 2014, we published 

in the Federal Register a proposed rule 

(79 FR 53120) to establish spring and 

summer migratory bird subsistence 

harvest regulations in Alaska for the 

2015 subsistence season. The proposed 

rule provided for a public comment 

period of 60 days, ending November 4, 

2014. 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 in Alaska. 

Additionally, all documents were 

available on http://www.regulations.gov. 

The Service received three responses, 

two from the public and one from a 

government agency. 

Response to Public Comments 

Comment: We received one 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). Please refer to Statutory 

Authority section, below, for more 

details. 

Comment: We received two comments 

expressing support of the continued 


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Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 9395 

implementation of the proposed 

regulations at the 2014 levels, citing the 

importance of subsistence to provide 

fresh, local foods in the rural areas. 

Service Response: The Service 

appreciates the support for this comanagement process which allows for 

the continuation of customary and 

traditional subsistence uses of migratory 

birds in Alaska. 

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.’’ 

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. The OIRA has determined that 

this 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 rule in a manner consistent with 

these requirements. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that, if adopted, 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.). A 

regulatory flexibility analysis is not 

required. Accordingly, a Small Entity 

Compliance Guide is not required. This 

final rule would legalize a pre-existing 

subsistence activity, and the resources 

harvested will be consumed. 

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) Would not have an annual effect 

on the economy of $100 million or 

more. It would legalize and regulate a 

traditional subsistence activity. It would 

not result in a substantial increase in 

subsistence harvest or a significant 

change in harvesting patterns. The 

commodities that would be 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 would derive 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 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 final rule does 

not deal with traded commodities and, 

therefore, does 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 final rule deals with the harvesting 

of wildlife for personal consumption. It 

does 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 final 

rule would 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 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 Alaska 

Department of Fish and Game also 

incurs 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 would 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 final 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. 


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9396 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 

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 Interior policy on 

Consultation with Indian Tribes 

(December 1, 2011), we will send letters 

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 Public Law 

108–447, div. H, title V, Sec. 518, Dec. 

8, 2004, 118 Stat. 3267), we will be 

sending 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 2015 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, education 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 

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 renewed 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 

June 30, 2016. We may not conduct or 

sponsor a survey unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

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

The annual regulations and options 

are considered in a September 2014 

environmental assessment, ‘‘Managing 

Migratory Bird Subsistence Hunting in 

Alaska: Hunting Regulations for the 

2015 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 would allow only for 

traditional subsistence harvest and 

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 a Statement of Energy Effects is not 

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. Amend subpart D by adding § 92.31 

to read as follows: 

§ 92.31 Region-specific regulations. 

The 2015 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 (Aleutian 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 

Game Management 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 


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Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 9397 

in the north to the west end of Saltery 

Cove in the south and all lands and 

water south of a line extending from 

Termination Point along the north side 

of Cascade Lake extending to Anton 

Larsen Bay. Marine waters adjacent to 

the closed area are closed to harvest 

within 500 feet from the water’s edge. 

The offshore islands are open to harvest. 

(1) Season: April 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. (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 consists of the coastline, from 

mean high water line outward to 

include open water, from Nokotlek 

Point east to longitude line 158°30′ W. 

This includes Peard Bay, Kugrua Bay, 

and Wainwright Inlet, but not the Kuk 

and Kugrua river drainages. 

(2) Northern Unit (At Peard Bay, 

everything east of the longitude line 

158°30′ W and north of the latitude line 

70°45′ N to west bank of the Ikpikpuk 

River, and everything north of the 

latitude line 69°45′ N between the west 

bank of the Ikpikpuk River to the east 

bank of Sagavinirktok River): 

(i) Season: April 2–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 inadvertently 

entangled in subsistence fishing nets in 

the North Slope Region may be kept for 

subsistence use. 

(5) North Coastal Zone (Cape 

Thompson north to Point Hope and east 

along the Arctic Ocean coastline around 

Point Barrow to Ross Point, including 

Iko Bay, and 5 miles inland). 

(i) No person may at any time, by any 

means, or in any manner, possess or 

have in custody any migratory bird or 

part thereof, taken in violation of 

subpart 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: Game Management 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 Game Management Unit 12, 

making them eligible to hunt in this unit 

using the seasons specified in paragraph 

(h) of this section. 

(j) Gulf of Alaska Region. (1) Prince 

William Sound Area West (Harvest area: 

Game Management Unit 6[D]), (Eligible 

Chugach communities: Chenega Bay, 

Tatitlek): 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(2) Prince William Sound Area East 

(Harvest area: Game Management Units 

6[B] and [C]–Barrier Islands between 

Strawberry Channel and Softtuk Bar), 

(Eligible Chugach communities: 

Cordova): 

(i) Season: April 2–April 30 (hunting); 

May 1–May 31 (gull egg gathering). 

(ii) Closure: May 1–August 31 

(hunting); April 2–30 and June 1– 

August 31 (gull egg gathering). 

(iii) Species Open for Hunting: 

Greater white-fronted goose; snow 

goose; gadwall; Eurasian and American 

wigeon; blue-winged and green-winged 

teal; mallard; northern shoveler; 

northern pintail; canvasback; redhead; 

ring-necked duck; greater and lesser 

scaup; king and common eider; 

harlequin duck; surf, white-winged, and 

black scoter; long-tailed duck; 

bufflehead; common and Barrow’s 

goldeneye; hooded, common, and redbreasted merganser; and sandhill crane. 

Species open for egg gathering: 

Glaucous-winged, herring, and mew 

gulls. 

(iv) Use of Boats/All-Terrain Vehicles: 

No hunting from motorized vehicles or 

any form of watercraft. 

(v) Special Registration: All hunters or 

egg gatherers must possess an annual 

permit, which is available from the 

Cordova offices of the Native Village of 

Eyak and the U. S. Forest Service. 

(3) Kachemak Bay Area (Harvest area: 

Game Management Unit 15[C] South of 

a line connecting the tip of Homer Spit 

to the mouth of Fox River) (Eligible 

Chugach Communities: Port Graham, 

Nanwalek): 

(i) Season: April 2–May 31 and July 

1–August 31. 

(ii) Closure: June 1–30. 

(k) Cook Inlet (Harvest area: Portions 

of Game Management Unit 16[B] as 

specified below) (Eligible communities: 

Tyonek only): 

(1) Season: April 2–May 31—That 

portion of Game Management Unit 16(B) 

south of the Skwentna River and west 

of the Yentna River, and August 1–31— 

That portion of Game Management 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 


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9398 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 

the Gulf of Alaska from Point Manby 

southeast to and including Dry Bay): 

(i) Season: Glaucous-winged gull egg 

gathering: May 15–June 30. 

(ii) Closure: July 1–August 31. 

■ 4. Amend subpart D by adding § 92.32 

to read as follows: 

§ 92.32 Emergency regulations to protect 

Steller’s eiders. 

Upon finding that continuation of 

these subsistence regulations would 

pose an imminent threat to the 

conservation of threatened Steller’s 

eiders (Polysticta stelleri), the U.S. Fish 

and Wildlife Service Alaska Regional 

Director, in consultation with the Comanagement Council, will immediately 

under § 92.21 take action as is necessary 

to prevent further take. Regulation 

changes implemented could range from 

a temporary closure of duck hunting in 

a small geographic area to 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: February 9, 2015. 

Michael J. Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–03602 Filed 2–20–15; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD780 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Western Aleutian Islands District of the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod, including for the 

Community Development Quota 

program (CDQ), in the Western Aleutian 

Islands district (Area 543) of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

prevent exceeding the Area 543 Pacific 

cod harvest limit of the 2015 total 

allowable catch (TAC) in the Aleutian 

Islands subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 18, 2015, through 

2400 hrs, A.l.t., December 31, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The Area 543 Pacific cod harvest limit 

of the 2015 TAC in the Aleutian Islands 

subarea of the BSAI is 2,478 metric tons 

(mt) as established by the final 2014 and 

2015 harvest specifications for 

groundfish in the BSAI (79 FR 12108, 

March 4, 2014) and inseason adjustment 

(80 FR 188, January 5, 2015). In 

accordance with § 679.20(d)(1)(i), the 

Administrator, Alaska Region, NMFS, 

has determined that the Area 543 Pacific 

cod harvest limit of the 2015 Pacific cod 

TAC in the Aleutian Islands subarea of 

the BSAI will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 2,178 mt, and is setting 

aside the remaining 300 mt as incidental 

catch in directed fishing for other 

species. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod in the 

Western Aleutian Islands district of the 

BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the directed fishing closure of 

Pacific cod in the Western Aleutian 

Islands district of the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of February 16, 2015. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 18, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–03554 Filed 2–18–15; 4:15 pm] 

BILLING CODE 3510–22–P 


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