Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 65599 

Corporation’s Strategic Plan. In 

addition, as part of the competitive 

process, performance measures are used 

to assess how an applicant for a grant 

approaches the design of volunteer 

activities and the measurement of their 

impact on community needs. 

§ 2553.102 What performance 

measurement information must be part of 

an application for funding under RSVP? 

An application to the Corporation for 

funding under RSVP must contain: 

(a) Performance measures. 

(b) Estimated performance data for the 

project years covered by the application. 

(c) Actual performance data, where 

available, for the preceding completed 

project year. 

§ 2553.103 Who develops the performance 

measures? 

(a) An applicant is responsible for 

developing its own project-specific 

performance measures. 

(b) In addition, the Corporation may 

establish performance measures that 

will apply to all Corporation-sponsored 

RSVP projects, which sponsors will be 

responsible for meeting. 

§ 2553.104 What performance measures 

must be submitted to the Corporation and 

how are these submitted? 

(a) An applicant for Corporation funds 

is required to submit at least one of each 

of the following types of performance 

measures as part of their application. 

The Corporation will provide standard 

forms. 

(1) Output indicators. 

(2) Outcome indicators. 

(b) An applicant must also submit any 

uniform performance measures the 

Corporation may establish for all 

applications. 

(c) The Corporation may specify 

additional requirements relating to 

performance measures on an annual 

basis in program guidance and related 

materials. 

§ 2553.105 How are performance 

measures approved and documented? 

(a) The Corporation reviews and 

approves performance measures for all 

applicants that apply for funding from 

the Corporation. 

(b) An applicant must follow 

Corporation-provided guidance and 

formats provided when submitting 

performance measures. 

(c) Final performance measures, as 

negotiated between the applicant and 

the Corporation, will be documented in 

the Notice of Grant Award (NGA). 

§ 2553.106 How does a sponsor report 

performance measures to the Corporation? 

(a) The Corporation will set specific 

reporting requirements, including 

frequency and deadlines, concerning 

performance measures established in 

the grant award. A sponsor is required 

to report on the actual results that 

occurred when implementing the grant 

and to regularly measure the project’s 

performance. 

(b) At a minimum, a sponsor is 

required to report on outputs at the end 

of year one and outputs and outcomes 

at the end of years two and three. A 

sponsor may choose to exceed these 

minimum requirements and report 

results earlier. 

§ 2553.107 What must a sponsor do if it 

cannot meet its performance measures? 

Whenever a sponsor finds it is not on 

track to meet its performance measures, 

it must develop a plan to get back on 

track or submit a request to the 

Corporation to amend its performance 

measures. The request must include all 

of the following: 

(a) Why the project is not on track to 

meet its performance requirements; 

(b) How the project has been tracking 

performance measures; 

(c) Evidence of corrective steps taken; 

(d) Any new proposed performance 

measures; and 

(e) A plan to ensure that the project 

will meet the new proposed measure(s). 

§ 2553.108 When may a sponsor change a 

project’s performance measures? 

Performance measures may be 

changed only if the Corporation 

approves the sponsor’s request to do so. 

§ 2553.109 What happens if a sponsor fails 

to meet the performance measures included 

in the Notice of Grant Award (NGA)? 

If a sponsor fails to meet a target 

performance measure established in the 

NGA, the Corporation will negotiate a 

period of no more than one year for 

meeting the performance measure. At 

that point, if the sponsor still fails to 

meet the performance measure, the 

Corporation may take one or more of the 

following actions: 

(a) Reduce the amount of the grant; 

(b) Suspend, terminate, or deny 

refunding of the grant, in accordance 

with the provisions of § 2553.31 of this 

part; 

(c) Take this information into account 

in assessing any application from the 

organization for a new grant or 

augmentation of an existing grant under 

any program administered by the 

Corporation; 

(d) Amend the terms of any 

Corporation grant to the organization; or 

(e) Take other actions that the 

Corporation deems appropriate. 

Dated: October 20, 2010. 

Wilsie Y. Minor, 

Acting General Counsel. 

[FR Doc. 2010–26960 Filed 10–25–10; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R9–MB–2010–0082; 

91200–1231–9BPP–L2] 

RIN 1018–AX30 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2011 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or we) proposes 

migratory bird subsistence harvest 

regulations in Alaska for the 2011 

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 

annual review. This rulemaking 

proposes region-specific regulations that 

go into effect on April 2, 2011, and 

expire on August 31, 2011. 

DATES: We will accept comments 

received or postmarked on or before 

December 27, 2010. We must receive 

requests for public hearings, in writing, 

at the address shown in FOR FURTHER

INFORMATION CONTACT by December 10, 

2010. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R9–MB–2010–0082. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R9– 

MB–2010–0082; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
65600 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comment Procedures section 

below for more information). 

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: 

Public Comment Procedures 

To ensure that any final action 

resulting from this proposed rule will be 

as accurate and as effective as possible, 

we request that you send relevant 

information for our consideration. The 

comments that will be most useful and 

likely to influence our decisions are 

those that you support by quantitative 

information or studies and those that 

include citations to, and analyses of, the 

applicable laws and regulations. Please 

make your comments as specific as 

possible and explain the basis for them. 

In addition, please include sufficient 

information with your comments to 

allow us to authenticate any scientific or 

commercial data you include. 

You must submit your comments and 

materials concerning this proposed rule 

by one of the methods listed above in 

the ADDRESSES section. We will not 

accept comments sent by e-mail or fax 

or to an address not listed in ADDRESSES. 

If you submit a comment via http:// 

www.regulations.gov, your entire 

comment—including any personal 

identifying information, such as your 

address, telephone number, or e-mail 

address—will be posted on the Web site. 

Please note that comments submitted to 

this Web site are not immediately 

viewable. When you submit a comment, 

the system receives it immediately. 

However, the comment will not be 

publicly viewable until we post it, 

which might not occur until several 

days after submission. 

If you mail or hand-carry a hardcopy 

comment directly to us that includes 

personal information, you may request 

at the top of your document that we 

withhold this information from public 

review. However, we cannot guarantee 

that we will be able to do so. To ensure 

that the electronic docket for this 

rulemaking is complete and all 

comments we receive are publicly 

available, we will post all hardcopy 

comments on http:// 

www.regulations.gov. 

In addition, comments and materials 

we receive, as well as supporting 

documentation used in preparing this 

proposed rule, will be available for 

public inspection in two ways: 

(1) You can view them on http:// 

www.regulations.gov. In the Enter 

Keyword or ID box, enter FWS–R9–MB– 

2010–0082, which is the docket number 

for this rulemaking. 

(2) You can make an appointment, 

during normal business hours, to view 

the comments and materials in person at 

the Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service; 4501 N. Fairfax Drive, Room 

4107, Arlington, VA 22203–1610. 

Public Availability of Comments 

As stated above in more detail, before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

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 proposes regulations 

for the taking of migratory birds for 

subsistence uses in Alaska during the 

spring and summer of 2011. This rule 

proposes 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 addressing 

conservation issues can be found in the 

following Federal Register documents: 

Date Federal Register Citation 

August 16, 2002 ................ 67 FR 53511 

July 21, 2003 ..................... 68 FR 43010 

April 2, 2004 ...................... 69 FR 17318 

April 8, 2005 ...................... 70 FR 18244 

February 28, 2006 ............. 71 FR 10404 

April 11, 2007 .................... 72 FR 18318 

March 14, 2008 ................. 73 FR 13788 

May 19, 2009 ..................... 74 FR 23336 

April 13, 2010 .................... 75 FR 18764 

These documents, which are all final 

rules setting forth the annual harvest 

regulations, are available at http://

alaska.fws.gov/ambcc/regulations.htm. 

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) proposes migratory bird 

subsistence harvest regulations in 

Alaska for the 2011 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 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 2011 spring and 

summer subsistence harvest of 

migratory birds in Alaska in a proposed 

rule published in the Federal Register 

on June 10, 2010 (75 FR 32872). 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 2011 season. The rulemaking 

processes for both types of migratory 

bird harvest are related, and the June 10, 

2010 proposed rule explained the 

connection between the two. 

The Alaska Migratory Bird Comanagement Council (Co-management 

Council) held a meeting in April 2010 

to develop recommendations for 

changes that would take effect during 

the 2011 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 28 and 29, 

2010. 

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 

subsistence migratory bird 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 


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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. 

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. These 

removed communities reduced the 

percentage of the State population 

included in the subsistence harvest to 

13 percent. 

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 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 

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 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) inseason Service verification of the 

harvest to detect Steller’s eider 

mortality. 

This proposed 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. 

The proposed regulations address 

several ongoing eider management 

needs by continuing to restrict hunting 

to times of day with sufficient daylight 

to improve a hunter’s ability to 

distinguish between species and 

minimize shooting species closed for 

harvest; clarifying for subsistence users 

that Service law enforcement personnel 

have authority to verify species of birds 

possessed by hunters; clarifying that it 

is illegal to possess any bird closed to 

harvest; and describing how the 

Service’s existing authority of 

emergency closure would be 

implemented, if necessary, to protect 

Steller’s eiders. These proposed 

regulations, implemented in accordance 

with the Endangered Species Act 

consultation, are considered the 

principal means by which the threat 

from shooting mortality of threatened 

eiders will be reduced. 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 

independently evaluate harvest survey 

reports, as well as evaluate the efficacy 

of regulations, conservation measures, 

and outreach efforts. On the North Slope 

in 2009 and 2010, no Steller’s eider 

harvest was reported, and no Steller’s 

eiders were found shot during in-season 

verification of the subsistence harvest. 

However, 2009 was a non-nesting year 

for Steller’s eiders on the North Slope, 

and in 2010, only one active nest was 

found in the Barrow area. Based on 

these relative successes, the Service will 

continue the same regulations for the 

2011 season. The 2010 conservation 

measures will also be continued, 

although there will be some 

modification of the amount of effort and 

emphasis each will receive. Specifically, 

as local communities develop greater 

responsibility for taking actions to 

ensure Steller’s and spectacled eider 

conservation and recovery, and hunters 

demonstrate greater compliance with 

hunting regulations, the Service’s Office 

of Law Enforcement plans to continue to 

monitor the threat of unlawful harvest 

of eiders on the North Slope and 

maintain a presence in Barrow as 

needed. 

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 two 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 

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 listed as candidate 

species for listing under the Endangered 

Species Act of 1973, as emended (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 


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continue outreach efforts in both areas 

in 2011, 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 proposed rule would 

continue into 2011 the provisions 

originally established in 2005 to allow 

subsistence use of yellow-billed loons 

(Gavia adamsii) inadvertently entangled 

in subsistence fishing (gill) nets on the 

North Slope. Yellow-billed loons are 

culturally important for the Inupiat 

Eskimo of the North Slope for use in 

traditional dance regalia. A maximum of 

20 yellow-billed loons may be caught in 

2011 under this provision. This 

provision does not authorize intentional 

harvest of yellow-billed loons, but 

allows use of those loons inadvertently 

entangled during normal subsistence 

fishing activities. Service support of this 

proposal is contingent upon the North 

Slope Region representative 

collaborating with the Service and Comanagement Council to design and 

implement a scientifically defensible 

survey to estimate entanglement of 

yellow-billed loons by North Slope 

subsistence fishers starting in 2011. 

Additional information is needed 

relative to species and number 

entangled in subsistence nets, 

distribution of harvest across the North 

Slope Region, age of birds entangled 

(adult vs. young-of-year), and time of 

harvest. These data will allow the 

Service to better assess the potential 

effects of harvest on this species. 

Currently, individual reporting to the 

North Slope Borough Department of 

Wildlife is required by the end of each 

season. In 2009, two yellow-billed loons 

were reported entangled and found dead 

in fishing nets, while two others were 

released from fishing nets by the North 

Slope Borough staff. 

Endangered Species Act Consideration 

Prior to issuance of annual spring and 

summer subsistence regulations, we will 

consult under section 7 of the 

Endangered Species Act of 1973, as 

amended (Act), to ensure that the 2011 

subsistence harvest is not likely to 

jeopardize the continued existence of 

any species designated as endangered or 

threatened, or modify or destroy its 

critical habitats, and that the regulations 

are consistent with conservation 

programs for those species. Consultation 

under section 7 of the Act for the annual 

subsistence take regulations may cause 

us to change these regulations. Our 

biological opinion resulting from the 

section 7 consultation is a public 

document available from either person 

listed under FOR FURTHER INFORMATION

CONTACT. 

What is different in the region-specific 

regulations for 2011? 

We are proposing no changes from the 

2010 region-specific regulations. 

Statutory Authority 

We derive our authority to issue these 

regulations from the Migratory Bird 

Treaty Act of 1918, 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 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. The 

rule legalizes a pre-existing subsistence 

activity, and the resources harvested 

will be consumed by the harvesters or 

persons within their local community. 

Clarity of the Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

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 

will legalize and regulate 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 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 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 would qualify as small 

businesses. We have no reason to 

believe that this 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 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 


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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 65603 

compete with foreign-based enterprises. 

This 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 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 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 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 rule does not have 

significant takings implications. This 

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 rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

We discuss effects of this 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 Assessment is not required. 

Civil Justice Reform (Executive Order 

12988) 

The Department, in promulgating this 

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 

Because eligibility to hunt under 

these regulations is not limited to tribal 

members, but rather extends to all 

indigenous inhabitants of the 

subsistence harvest areas, we are not 

required to engage in formal 

consultation with tribes. However, 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 

conducted meetings with the affected 

tribes and tribal nonprofit organizations 

to discuss the changes in the regulations 

and determine possible effects on tribes 

or trust resources, and have determined 

that there are no significant effects. The 

rule will legally recognize the 

subsistence harvest of migratory birds 

and their eggs for indigenous 

inhabitants including tribal members. 

In 1998, we began a public 

involvement process to determine how 

to structure management bodies in order 

to provide the most effective and 

efficient involvement of subsistence 

users. We began by publishing in the 

Federal Register stating that we 

intended to establish management 

bodies to implement the spring and 

summer subsistence harvest (63 FR 

49707, September 17, 1998). We held 

meetings with the Alaska Department of 

Fish and Game and the Native Migratory 

Bird Working Group to provide 

information regarding the amended 

treaties and to listen to the needs of 

subsistence users. The Native Migratory 

Bird Working Group was a consortium 

of Alaska Natives formed by the Rural 

Alaska Community Action Program to 

represent Alaska Native subsistence 

hunters of migratory birds during the 

treaty negotiations. We held forums in 

Nome, Kotzebue, Fort Yukon, Allakaket, 

Naknek, Bethel, Dillingham, Barrow, 

and Copper Center. We led additional 

briefings and discussions at the annual 

meeting of the Association of Village 

Council Presidents in Hooper Bay and 

for the Central Council of Tlingit & 

Haida Indian Tribes in Juneau. 

On March 28, 2000, we published in 

the Federal Register (65 FR 16405) a 

Notice of Decision entitled, 

‘‘Establishment of Management Bodies 

in Alaska To Develop Recommendations 

Related to the Spring/Summer 

Subsistence Harvest of Migratory Birds.’’ 

This notice described the way in which 

management bodies would be 

established and organized. Based on the 

wide range of views expressed on the 

options document, the decision 

incorporated key aspects of two of the 

modules. The decision established one 

Statewide management body consisting 

of 1 Federal member, 1 State member, 

and 7–12 Alaska Native members, with 

all components serving as equals. 

Paperwork Reduction Act 

This rule has been examined under 

the Paperwork Reduction Act of 1995 

and does not contain any new 

collections of information that require 

Office of Management and Budget 

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 

Consideration 

The annual regulations and options 

were considered in the environmental 

assessment, ‘‘Managing Migratory Bird 

Subsistence Hunting in Alaska: Hunting 

Regulations for the 2011 Spring/ 

Summer Harvest,’’ October 18, 2010. 

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 

would improve conservation of 

migratory birds by allowing effective 


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65604 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 

regulation of this harvest. Further, this 

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 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Subsistence, Treaties, Wildlife. 

For the reasons set out in the 

preamble, we propose to amend title 50, 

chapter I, subchapter G, of the Code of 

Federal Regulations as follows: 

PART 92—MIGRATORY BIRD 

SUBSISTENCE HARVEST IN ALASKA 

1. The authority citation for part 92 

continues to read as follows: 

Authority: 16 U.S.C. 703–712. 

Subpart D—Annual Regulations 

Governing Subsistence Harvest 

2. In subpart D, add § 92.31 to read as 

follows: 

§ 92.31 Region-specific regulations. 

The 2011 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 local subsistence 

users, 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 and posted 

in village post offices and stores. 

(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 and posted 

in village post offices and stores. 

(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. 

(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) Migratory bird hunting is permitted 

from one-half hour before sunrise until 

sunset, during August. 

(ii) 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. 

(iii) Upon request from a Service law 

enforcement officer, hunters taking, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 65605 

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. In subpart D, add § 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 State-wide 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: October 7, 2010. 

Thomas L. Strickland, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2010–27016 Filed 10–25–10; 8:45 am] 

BILLING CODE 4310–55–P 


emcdonald on DSK2BSOYB1PROD with PROPOSALS