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§ 87.303 Frequencies. (b) These additional frequencies are * * * * * available for assignment only to flight test stations of aircraft manufacturers:

MHz MHz MHz MHz

123.125 2 123.275 3 123.425 3 123.550 3 123.150 2 123.325 3 123.475 3 123.575 2 123.250 3 123.350 3 123.525 3 1 When R3E, H3E or J3E emission is used, the assigned frequency will be 3282.4 kHz (3281.0 kHz carrier frequency). 2 This frequency is available only to itinerant stations that have a requirement to be periodically transferred to various locations. 3 Mobile station operations on these frequencies are limited to an area within 320 km (200 mi) of an associated flight test land station.

* * * * * issues a Third Report and Order (Third DEPARTMENT OF THE INTERIOR (f) Frequency assignments for Flight R&O), (published elsewhere in this Test VHF Stations may be based on publication). The full text of this Fish and Wildlife Service either 8.33 kHz or 25 kHz spacing. document is available for public Assignable frequencies include the inspection and copying during regular 50 CFR Part 92 interstitial frequencies 8.33 kHz from business hours at the FCC Reference [Docket No. FWS–R9–MB–2010–0082; the VHF frequencies listed in Information Center, Portals II, 445 12th 91200–1231–9BPP–L2] paragraphs (a) and (b) of this section. Street, SW., Room CY–A257, Each 8.33 kHz interstitial frequency is Washington, DC 20554. This document RIN 1018–AX30 subject to the same eligibility criteria may also be purchased from the FCC’s and limitations as the nearest frequency copy contractor, Best Copy and Printing, Migratory Bird Subsistence Harvest in listed in paragraphs (a) and (b) of this Inc., 445 12th Street, SW., Room CY– ; Harvest Regulations for section. B402, Washington, DC 20554. The full Migratory Birds in Alaska During the 2011 Season [FR Doc. 2011–4003 Filed 3–28–11; 8:45 am] text may also be downloaded at: BILLING CODE 6712–01–P http://www.fcc.gov. Alternative formats AGENCY: Fish and Wildlife Service, are available to persons with disabilities Interior. by sending an e-mail to [email protected] ACTION: Final rule. FEDERAL COMMUNICATIONS or by calling the Consumer & COMMISSION Governmental Affairs Bureau at 202– SUMMARY: The U.S. Fish and Wildlife 418–0530 (voice), 202–418–0432 (tty). Service (Service or we) establishes 47 CFR Part 87 In this Order, the FCC stayed the migratory bird subsistence harvest [WT Docket No. 01–289; FCC 11–2] effectiveness of 47 CFR 89.195, as regulations in Alaska for the 2011 amended in the Third R&O, which season. These regulations will enable Aviation Communications prohibits the certification, manufacture, the continuation of customary and importation, sale, or continued use of traditional subsistence uses of migratory AGENCY: Federal Communications 121.5 MHz ELTs. The stay will remain Commission. birds in Alaska and prescribe regional in effect indefinitely, and the question information on when and where the ACTION: Final rule; suspension of of the appropriate regulatory treatment harvesting of birds may occur. These effectiveness. of 121.5 MHz ELTs will be addressed regulations were developed under a co- anew after the FCC has received SUMMARY: In this document, the Federal management process involving the additional public comment on the Service, the Alaska Department of Fish Communications Commission (FCC) question. The FCC will separately stays indefinitely a rule that rule and Game, and Alaska Native publish in the Federal Register a representatives. The rulemaking is prohibits the certification, manufacture, document requesting such comment. importation, sale, or continued use of necessary because the regulations 121.5 MHz emergency locator List of Subjects in 47 CFR Part 87 governing the subsistence harvest of migratory birds in Alaska are subject to transmitters (ELTs). The Commission is Communications equipment, Radio. annual review. This rulemaking staying the effective date of the For the reasons discussed in the establishes region-specific regulations amendment because information that preamble, the FCC amends 47 part 87 as that go into effect on April 2, 2011, and first came to its attention after the follows: adoption and release of the Third R&O expire on August 31, 2011. indicates that it would serve the public PART 47—[AMENDED] DATES: The amendments to subpart D of interest to augment the record on this 50 CFR part 92 are effective April 2, issue by providing an additional ■ 1. The authority citation for part 47 2011, through August 31, 2011. opportunity for public comment. continues to read as follows: FOR FURTHER INFORMATION CONTACT: Fred DATES: Effective March 29, 2011, Authority: 47 U.S.C. 154, 303 and 307(e), Armstrong, (907) 786–3887, or Donna § 87.195 is stayed until further notice. unless otherwise noted. Dewhurst, (907) 786–3499, U.S. Fish FOR FURTHER INFORMATION CONTACT: Jeff ■ 2. Effective March 29, 2011, § 87.195 and Wildlife Service, 1011 E. Tudor Tobias, Mobility Division, Wireless is stayed indefinitely. Road, Mail Stop 201, Anchorage, AK Telecommunications Bureau, at (202) 99503. Federal Communications Commission. 418–0620. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: This is a Marlene H. Dortch, summary of the Order, released on Secretary. Why is this rulemaking necessary? January 11, 2011. Contemporaneous [FR Doc. 2011–4007 Filed 3–28–11; 8:45 am] This rulemaking is necessary because, with this document, the Commission BILLING CODE 6712–01–P by law, the migratory bird harvest

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season is closed unless opened by the migratory birds for all purposes In 2007, we enacted the Alaska Secretary of the Interior, and the throughout the United States, we also Department of Fish and Game’s request regulations governing subsistence discussed the background and history of to expand the Fairbanks North Star harvest of migratory birds in Alaska are Alaska subsistence regulations, Borough excluded area to include the subject to public review and annual explained the annual process for their Central Interior area. This action approval. This rule establishes establishment, and requested proposals excluded the following communities regulations for the taking of migratory for the 2011 season. The rulemaking from participation in this harvest: Big birds for subsistence uses in Alaska processes for both types of migratory Delta/Fort Greely, Healy, McKinley during the spring and summer of 2011. bird harvest are related, and the June 10, Park/Village, and Ferry, with a This rule establishes a list of migratory 2010, proposed rule explained the combined population of 2,812. connection between the two. bird season openings and closures in What is different in the region-specific Alaska by region. The Alaska Migratory Bird Co- management Council (Co-management regulations for 2011? How do I find the history of these Council) held a meeting in April 2010 As stated earlier, regulations regulations? to develop recommendations for presented in the October 26, 2010, Background information, including changes that would take effect during proposed rule (75 FR 65599) were past events leading to this rulemaking, the 2011 harvest season. These identical to those for the 2010 harvest accomplishments since the Migratory recommendations were presented first season. However, after reviewing public Bird Treaties with Canada and Mexico to the Flyway Councils and then to the comments received on the proposed were amended, and a history addressing Service Regulations Committee at the rule and further internal discussions, conservation issues can be found in the committee’s meeting on July 28 and 29, the Service is removing the shooting following Federal Register documents: 2010. hours restriction effective for the North On October 26, 2010, we published in Coastal Zone of the North Slope of the Federal Register (75 FR 65599) a Date Federal Register Alaska. A full justification of this citation proposed rule that provided our decision and how we will monitor proposed migratory bird subsistence results are detailed later in this final August 16, 2002 ...... 67 FR 53511 harvest regulations in Alaska for the rule. July 21, 2003 ...... 68 FR 43010 2011 season. Regulations presented in April 2, 2004 ...... 69 FR 17318 How will the service ensure that the April 8, 2005 ...... 70 FR 18244 that proposed rule were identical to those for the 2010 harvest season. subsistence harvest will not raise February 28, 2006 ...... 71 FR 10404 overall migratory bird harvest or April 11, 2007 ...... 72 FR 18318 Who is eligible to hunt under these threaten the conservation of March 14, 2008 ...... 73 FR 13788 regulations? May 19, 2009 ...... 74 FR 23336 endangered and threatened species? April 13, 2010 ...... 75 FR 18764 Eligibility to harvest under the We have monitored subsistence regulations established in 2003 was harvest for the past 25 years through the These documents, which are all final limited to permanent residents, use of annual household surveys in the rules setting forth the annual harvest regardless of race, in villages located most heavily used subsistence harvest regulations, are available at http:// within the , Kodiak areas, such as the Yukon-Kuskokwim alaska.fws.gov/ambcc/regulations.htm Archipelago, the , and Delta. In recent years, more intensive or by contacting one of the people listed in areas north and west of the Alaska surveys combined with outreach efforts under FOR FURTHER INFORMATION Range (50 CFR 92.5). These geographical focused on species identification have CONTACT. restrictions opened the initial migratory been added to improve the accuracy of bird subsistence harvest to about 13 information gathered from regions still What is the process for issuing percent of Alaska residents. High regulations for the subsistence harvest reporting some subsistence harvest of populated areas such as Anchorage, the listed or candidate species. of migratory birds in Alaska? Matanuska-Susitna and Fairbanks North The U.S. Fish and Wildlife Service Star boroughs, the Spectacled and Steller’s Eiders (Service or we) are establishing roaded area, the Gulf of Alaska roaded Spectacled eiders (Somateria fischeri) migratory bird subsistence harvest area, and were and the Alaska-breeding population of regulations in Alaska for the 2011 excluded from eligible subsistence Steller’s eiders (Polysticta stelleri) are season. These regulations enable the harvest areas. listed as threatened species; their continuation of customary and Based on petitions requesting migration and breeding distribution traditional subsistence uses of migratory inclusion in the harvest, in 2004, we overlap with areas where the spring and birds in Alaska and prescribe regional added 13 additional communities based summer subsistence migratory bird hunt information on when and where the on criteria set forth in 50 CFR 92.5(c). is open in Alaska. Both species are harvesting of birds may occur. These These communities were Gulkana, closed to hunting, although harvest regulations were developed under a co- Gakona, Tazlina, Copper Center, surveys and Service documentation management process involving the Mentasta Lake, Chitina, Chistochina, indicate both species have been taken in Service, the Alaska Department of Fish Tatitlek, Chenega, Port Graham, several regions of Alaska. and Game, and Alaska Native Nanwalek, Tyonek, and Hoonah, with a The Service has dual goals and representatives. combined population of 2,766. In 2005, responsibilities for authorizing a We opened the process to establish we added three additional communities subsistence harvest while protecting regulations for the 2011 spring and for glaucous-winged gull egg gathering migratory birds and threatened species. summer subsistence harvest of only, based on petitions requesting Although these goals continue to be migratory birds in Alaska in a proposed inclusion. These southeastern challenging, they are not irreconcilable, rule published in the Federal Register communities were Craig, Hydaburg, and providing sufficient recognition is given on June 10, 2010 (75 FR 32872). While Yakutat, with a combined population of to the need to protect threatened that proposed rule dealt primarily with 2,459, based on the latest census species, measures to remedy the regulatory process for hunting information at that time. documented threats are implemented,

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and the subsistence community and community understanding and support also be continued, although there will other conservation partners commit to for conservation of Steller’s eiders. be some modification of the amount of working together. With these dual goals The Service is aware and appreciates effort and emphasis each will receive. in mind, the Service, working with the considerable efforts by North Slope Specifically, local communities have partners, developed measures in 2009 to partners to raise awareness and educate continued to develop greater further reduce the potential for shooting hunters on Steller’s eider conservation responsibility for taking actions to mortality or injury of closed species. via the bird fair, meetings, radio shows, ensure Steller’s and spectacled eider These conservation measures included: signs, school visits, and one-on-one conservation and recovery; and based (1) Increased waterfowl hunter outreach contacts since 2008. We also recognize on last year’s observations, local hunters and community awareness partnering that no listed eiders have been have demonstrated greater compliance with the North Slope Migratory Bird documented shot in that last 2 years, with hunting regulations, so the Task Force; (2) continued enforcement although we note that Steller’s eiders Service’s Office of Law Enforcement of the migratory bird regulations that are did not have a significant breeding does not plan on maintaining a protective of listed eiders; and (3) in- population in the Barrow area during continuous presence in Barrow this season Service verification of the this period. Also the Service season. harvest to detect Steller’s eider acknowledges progress made with the The longstanding general emergency mortality. other eider conservation measures closure provision at 50 CFR 92.21 This rule continues to focus on the including partnering with the North specifies that the harvest may be closed North Slope from Barrow through Point Slope Migratory Bird Task Force for or temporarily suspended upon finding Hope because Steller’s eiders from the increased waterfowl hunter awareness, that a continuation of the regulation listed Alaska breeding population are continued enforcement of the allowing the harvest would pose an known to breed and migrate there. regulations, and in-season verification imminent threat to the conservation of These regulations were designed to of the harvest. At this time, the Service any migratory bird population. With address several ongoing eider is removing the shooting hours regard to Steller’s eiders, the regulation management needs by clarifying for restriction during subsistence harvest on at 50 CFR 92.32, carried over from the subsistence users that (1) service law the North Slope to foster moving past 2 years, would clarify that we will enforcement personnel have authority to forward with a stronger co-management take action under 50 CFR 92.21 as is verify species of birds possessed by approach to Steller’s eider conservation. necessary to prevent further take of However, if evidence is gathered in the Steller’s eiders, and that action could hunters, and (2) it is illegal to possess future indicating that shooting during include temporary or long-term closures any bird closed to harvest. It also times of low or no light is resulting in of the harvest in all or a portion of the describes how the Service’s existing protected eider species being taken, geographic area open to harvest. If authority of emergency closure would then a return to the shooting hours mortality of threatened eiders occurs, be implemented, if necessary, to protect restrictions will have to be considered. we will evaluate each mortality event by Steller’s eiders. We are willing to We plan to work closely with the North criteria such as cause, quantity, sex, age, discuss many of the regulations with Slope Migratory Bird Task Force to location, and date. We will consult with our partners on the North Slope to develop and implement a harvest the Co-management Council when we ensure the regulations protect closed monitoring program that will verify that are considering an emergency closure. If species as well as provide subsistence closed species are not being taken we determine that an emergency closure hunters an opportunity to harvest during the period when shooting hours is necessary, we will design it to migratory birds in a way that maintains would have been in effect. This minimize its impact on the subsistence the culture and traditional harvest of the monitoring program would be harvest. community. The regulations pertaining implemented starting this coming Yellow-Billed Loon and Kittlitz’s to bag checks and possession of illegal harvest season. Our primary strategy to Murrelet birds are deemed necessary to verify reduce the threat of shooting mortality compliance with not harvesting of threatened eiders continues to be Yellow-billed loon (Gavia adamsii) protected eider species. working with North Slope partners to and Kittlitz’s murrelet (Brachyramphus As for the shooting hours restriction, conduct education, outreach, and brevirostris) are candidate species for this regulation is similar to one in the harvest monitoring, followed when listing under the Endangered Species State of Alaska’s fall regulations, which necessary by law enforcement. In Act of 1973, as amended (16 U.S.C. 1531 take effect on September 1 each year. addition, the emergency closure et seq.). Their migration and breeding The goal of the shooting hours authority provides another level of distribution overlaps with where the restrictions is to minimize the risk of assurance if an unexpected amount of spring and summer migratory bird hunt inadvertent shooting of closed species Steller’s eider shooting mortality occurs is open in Alaska. Both species are when light levels are low and (50 CFR 92.21 and 50 CFR 92.32). closed to hunting, and there is no misidentification is more likely. The In-season harvest monitoring evidence Kittlitz’s murrelets are Service believes this regulation adds information will be used to evaluate the harvested. On the other hand, harvest some level of conservation benefit for efficacy of regulations, conservation surveys have indicated that harvest of protected eiders. However, our co- measures, and outreach efforts. In 2009 yellow-billed loons on the North Slope management partners over the past and 2010, no Steller’s eider harvest was and St. Lawrence Island does occur. couple of years have pointed out reported on the North Slope, and no Most of the yellow-billed loons reported correctly that no Steller’s eiders have Steller’s eiders were found shot during harvested on the North Slope were been documented as taken during in-season verification of the subsistence found to be entangled loons salvaged periods of low or no adequate light, and harvest. However, 2009 was a non- from subsistence fishing nets as that the Service was addressing a non- nesting year for Steller’s eiders on the described below. The Service will problem with the shooting hours North Slope, and in 2010, only one continue outreach efforts in both areas restrictions. It has been suggested that active nest was found in the Barrow in 2011, engaging partners to improve this action may be actually area. Based on these relative successes, harvest estimates and decrease take of counterproductive to developing the 2010 conservation measures will yellow-billed loons.

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Consistent with the request of the dated March 23, 2011, that concluded between local hunters and law North Slope Borough Fish and Game the final rule and conservation measures enforcement agents continue to generate Management Committee and the are not likely to jeopardize the angry reactions. recommendation of the Co-management continued existence of Steller’s eider, Service Response: For several years, Council, this final rule would continue spectacled eider, yellow-billed loon, or the Service’s Office of Law Enforcement into 2011 the provisions originally Kittlitz’s murrelet, or result in the and Divisions of Endangered Species established in 2005 to allow subsistence destruction or adverse modification of and Migratory Bird Management have use of yellow-billed loons (Gavia designated critical habitat for Steller’s worked with many groups and adamsii) inadvertently entangled in eider or spectacled eider. individuals in the greater North Slope subsistence fishing (gill) nets on the area, and Barrow specifically, to provide North Slope. Yellow-billed loons are Summary of Public Involvement information on the regulatory culturally important to the Inupiat On October 26, 2010, we published in requirements and enforcement of the Eskimo of the North Slope for use in the Federal Register a proposed rule regulations. This last year our approach traditional dance regalia. A maximum of (75 FR 65599) to establish spring and focused on significant outreach efforts, 20 yellow-billed loons may be kept if summer migratory bird subsistence including public meetings, radio talk found entangled in fishing nets in 2011 harvest regulations in Alaska for the show opportunities, posted fliers, and under this provision. This provision 2011 subsistence season. The proposed brochures followed by a reduced does not authorize intentional harvest of rule provided for a public comment reliance on enforcement actions and law yellow-billed loons, but allows use of period of 60 days. We posted an enforcement presence. The Service and those loons inadvertently entangled announcement of the comment period its partners continue to take part in during normal subsistence fishing dates for the proposed rule, as well as these activities in an effort to increase activities. Service support of this the rule itself and related historical hunter awareness and to promote proposal is contingent upon the North documents, on the Co-management cultural sensitivity from our law Slope Region representative Council’s Internet homepage. We issued enforcement officers, especially when collaborating with the Service and Co- a press release announcing our request they are interacting with hunters. Based management Council provide a for public comments and the pertinent on last year’s observations, the Service scientifically defensible estimate of deadlines for such comments, which expects hunter compliance with the yellow-billed loons inadvertently was faxed to the media Statewide. regulations to continue and does not entangled by North Slope subsistence Additionally, all documents were plan on having a continuous presence in fishers and kept for use during the 2011 available on http://www.regulations.gov. Barrow this season. season. Additional information is The Service received two comments, Comments on Original Region-Specific needed relative to species and number both from organizations. Regulations of loons entangled in subsistence nets, distribution across the North Slope Response to Public Comments Comment: One commenter requested that criteria be written to provide Region, age of birds entangled (adult vs. General Comments young-of-year), status of loons when guidance as to when the North Slope found entangled, and dates of capture. Comment: We received one comment could see a return to pre-2009 These data will allow the Service to on the operations of the Service regulations. More specifically the better assess the potential effects of Regulation Committee (SRC) in making commenter would like these criteria to subsistence fishing on this species. regulatory decisions. The commenter include Barrow’s outreach efforts and Currently, individual reporting to the stated that during the last 2 years the the lack of intentional shooting since North Slope Borough Department of SRC has met behind closed doors and 2008. The commenter was further Wildlife is required by the end of each decided to reject both the concerned that the criteria should not season. In 2009, two yellow-billed loons recommendations of the Flyway Council include a requirement for the Steller’s were reported entangled and found dead and the Co-management Council for the eider population to increase before the in fishing nets, while two others were North Slope eider regulations, creating a regulations could be reversed. A second released from fishing nets by the North lack of transparency. commenter asked that the Service not Slope Borough staff. Service Response: The SRC meetings implement shooting hour regulations on are public meetings, and the process the North Slope unless hunters Endangered Species Act Consideration allows for input from the four North understand and support the concept. Section 7 of the Endangered Species American Flyway Councils and the Co- Service Response: The commenters Act (16 U.S.C. 1536) requires the management Council to provide seem to be defining ‘‘success’’ as a return Secretary of the Interior to ‘‘review other additional information on their to the 2008 regulations, which did not programs administered by him and recommendations. The SRC, the have any additional eider conservation utilize such programs in furtherance of Service, and the Department then have regulations on the North Slope. Our the purposes of the Act’’ and to ‘‘insure to consider all sides and issues before definition of success for the North Slope that any action authorized, funded, or making decisions in counsel with subsistence harvest includes: (1) carried out * * * is not likely to technical staff. The SRC strives to make Continued opportunity for subsistence jeopardize the continued existence of the best decisions to ensure the long- hunting on the North Slope; (2) any endangered species or threatened term conservation of the resource in compliance with the regulations, species or result in the destruction or compliance with mandates imposed by including no harvest or possession of adverse modification of [critical] habitat law. closed species and adherence to the ***.’’ We conducted an intra-agency closed season; and (3) no use of lead consultation with the Fairbanks Fish Law Enforcement shot. We are willing to discuss the and Wildlife Field Office on this harvest Comment: One commenter stated that regulations with our partners on the as it will be managed in accordance efforts to promote cultural sensitivity North Slope to ensure the regulations with this final rule and the conservation with the Service’s law enforcement protect closed species as well as provide measures. The consultation was actions seem to have had little success. subsistence hunters an opportunity to completed with a biological opinion The commenter added that interactions harvest migratory birds in a way that

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maintains the cultural and traditional billed loons remain an important part of defined under the Regulatory Flexibility lifestyle they have enjoyed for centuries. the Inupiaq culture. Another commenter Act (5 U.S.C. 601 et seq.). An initial However, whatever regulatory changes requested that yellow-billed loon regulatory flexibility analysis is not are made, we must point out that to regulations not be contingent upon a required. Accordingly, a Small Entity ensure success and verify compliance, completed revision of the harvest survey Compliance Guide is not required. The the regulations pertaining to bag checks in 2011. rule legalizes a pre-existing subsistence and possession of illegal birds will Service Response: We are currently activity, and the resources harvested remain in place. working with the State, the North Slope will be consumed by the harvesters or As for the shooting hours restrictions, Borough, and the Co-management persons within their local community. this regulation is similar to one in the Council to develop a stronger harvest State of Alaska’s fall hunt regulations, Small Business Regulatory Enforcement survey design for the North Slope. We Fairness Act which take effect on September 1 each are retaining the yellow-billed loon year. The goal of restricting shooting provision for the North Slope for the This rule is not a major rule under hours was to minimize the risk of 2011 season, allowing for the use of 5 U.S.C. 804(2), the Small Business inadvertent shooting of closed species yellow-billed loons inadvertently Regulatory Enforcement Fairness Act. when light levels are low and entangled in subsistence fishing nets on This rule: misidentification is more likely. the North Slope. (a) Will not have an annual effect on However, commenters over the past the economy of $100 million or more. It couple of years have correctly pointed Statutory Authority will legalize and regulate a traditional out that no Steller’s eiders were ever We derive our authority to issue these subsistence activity. It will not result in documented as taken during periods of regulations from the Migratory Bird a substantial increase in subsistence low or no adequate light, and that the Treaty Act of 1918, 16 U.S.C. 712(1), harvest or a significant change in Service was solving a non-problem with which authorizes the Secretary of the harvesting patterns. The commodities the shooting hours restrictions. It has Interior, in accordance with the treaties being regulated under this rule are been suggested that this action may be with Canada, Mexico, Japan, and Russia, migratory birds. This rule deals with counterproductive to developing to ‘‘issue such regulations as may be legalizing the subsistence harvest of community understanding and support necessary to assure that the taking of migratory birds and, as such, does not for conservation of Steller’s eiders. migratory birds and the collection of involve commodities traded in the The Service is aware of and their eggs, by the indigenous inhabitants marketplace. A small economic benefit appreciates the considerable efforts by of the State of Alaska, shall be permitted from this rule derives from the sale of North Slope partners to raise awareness for their own nutritional and other equipment and ammunition to carry out and educate hunters on Steller’s eider essential needs, as determined by the subsistence hunting. Most, if not all, conservation via the bird fair, meetings, Secretary of the Interior, during seasons businesses that sell hunting equipment radio shows, signs, school visits, and established so as to provide for the in rural Alaska would qualify as small one-on-one contacts since 2008. We also preservation and maintenance of stocks businesses. We have no reason to recognize that no listed eiders have been of migratory birds.’’ believe that this rule will lead to a documented shot in that last 2 years, disproportionate distribution of although we note that Steller’s eiders Required Determinations benefits. did not have a significant breeding Regulatory Planning and Review (b) Will not cause a major increase in population in the Barrow area during (Executive Order 12866) costs or prices for consumers; this period. At this time, the Service is individual industries; Federal, State, or willing to remove the shooting hours The Office of Management and Budget local government agencies; or restriction during subsistence harvest on (OMB) has determined that this rule is geographic regions. This rule does not the North Slope to foster moving not significant and has not reviewed deal with traded commodities and, forward with a stronger co-management this rule under Executive Order 12866 therefore, does not have an impact on approach to Steller’s eider conservation. (E.O. 12866). OMB bases its prices for consumers. However, if evidence is gathered in the determination upon the following four (c) Does not have significant adverse future indicating that shooting during criteria: effects on competition, employment, times of low or no light is resulting in (a) Whether the rule will have an investment, productivity, innovation, or protected eider species being taken, annual effect of $100 million or more on the ability of U.S.-based enterprises to then a return to the shooting hours the economy or adversely affect an compete with foreign-based enterprises. restrictions will have to be considered. economic sector, productivity, jobs, the This rule deals with the harvesting of It is the Service’s intention to work environment, or other units of the wildlife for personal consumption. It closely with the North Slope Migratory government. does not regulate the marketplace in any Bird Task Force to develop and (b) Whether the rule will create way to generate effects on the economy implement a program that will verify inconsistencies with other Federal or the ability of businesses to compete. that closed species are not being taken agencies’ actions. during the period when shooting hours (c) Whether the rule will materially Unfunded Mandates Reform Act would have been in effect. This affect entitlements, grants, user fees, We have determined and certified monitoring program would be loan programs, or the rights and under the Unfunded Mandates Reform implemented starting this coming obligations of their recipients. Act (2 U.S.C. 1501 et seq.) that this rule harvest season. (d) Whether the rule raises novel legal will not impose a cost of $100 million Comment: One commenter asked that or policy issues. or more in any given year on local, the Service continue using the State, or tribal governments or private provisions in 50 CFR 92.31(g)(4) Regulatory Flexibility Act entities. The rule does not have a (originally established in 2005) to allow The Department of the Interior significant or unique effect on State, subsistence use of yellow-billed loons certifies that this rule will not have a local, or tribal governments or the inadvertently entangled in subsistence significant economic impact on a private sector. A statement containing fishing nets on the North Slope. Yellow- substantial number of small entities as the information required by the

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Unfunded Mandates Reform Act is not Government-to-Government Relations negotiations. We held forums in Nome, required. Participation on regional With Native American Tribal Kotzebue, Fort Yukon, Allakaket, management bodies and the Co- Governments Naknek, Bethel, Dillingham, Barrow, management Council will require travel In keeping with the spirit of the and Copper Center. We led additional expenses for some Alaska Native President’s memorandum of April 29, briefings and discussions at the annual organizations and local governments. In 1994, ‘‘Government-to-Government meeting of the Association of Village addition, they will assume some Relations With Native American Tribal Council Presidents in Hooper Bay and expenses related to coordinating Governments’’ (59 FR 22951), and for the Central Council of Tlingit & involvement of village councils in the Executive Order 13175 (65 FR 67249; Haida Indian Tribes in Juneau. On March 28, 2000, we published in regulatory process. Total coordination November 6, 2000), concerning the Federal Register (65 FR 16405) a and travel expenses for all Alaska consultation and coordination with Notice of Decision entitled, Native organizations are estimated to be Indian Tribal Governments, we ‘‘Establishment of Management Bodies implemented the amended treaty with less than $300,000 per year. In a Notice in Alaska To Develop Recommendations Canada with a focus on local of Decision (65 FR 16405; March 28, Related to the Spring/Summer involvement. The treaty calls for the 2000), we identified 12 partner Subsistence Harvest of Migratory Birds.’’ creation of management bodies to organizations (Alaska Native nonprofits This notice described the way in which ensure an effective and meaningful role and local governments) to administer management bodies would be for Alaska’s indigenous inhabitants in the regional programs. The Alaska established and organized. Based on the the conservation of migratory birds. Department of Fish and Game will also wide range of views expressed on the According to the Letter of Submittal, incur expenses for travel to Co- options document, the decision management bodies are to include management Council and regional incorporated key aspects of two of the Alaska Native, Federal, and State of management body meetings. In modules. The decision established one Alaska representatives as equals. They addition, the State of Alaska will be Statewide management body consisting will develop recommendations for required to provide technical staff of 1 Federal member, 1 State member, among other things: Seasons and bag support to each of the regional and 7–12 Alaska Native members, with limits, methods and means of take, law management bodies and to the Co- all components serving as equals. management Council. Expenses for the enforcement policies, population and harvest monitoring, education program, Paperwork Reduction Act State’s involvement may exceed research and use of traditional $100,000 per year, but should not This rule has been examined under knowledge, and habitat protection. The exceed $150,000 per year. When the Paperwork Reduction Act of 1995 management bodies will involve village funding permits, we make annual grant (44 U.S.C. 3501 et seq.) and does not councils to the maximum extent agreements available to the partner contain any new collections of possible in all aspects of management. organizations and the Alaska information that require Office of To ensure maximum input at the village Management and Budget approval. OMB Department of Fish and Game to help level, we required each of the 11 offset their expenses. has approved our collection of participating regions to create regional information associated with the Takings (Executive Order 12630) management bodies consisting of at voluntary annual household surveys least one representative from the used to determine levels of subsistence Under the criteria in Executive Order participating villages. The regional take. The OMB control number is 1018– 12630, this rule does not have management bodies meet twice 0124, which expires April 30, 2013. An significant takings implications. This annually to review and/or submit agency may not conduct or sponsor and rule is not specific to particular land proposals to the statewide body. a person is not required to respond to ownership, but applies to the harvesting The rule will legally recognize the a collection of information unless it of migratory bird resources throughout subsistence harvest of migratory birds displays a currently valid OMB control Alaska. A takings implication and their eggs for indigenous number. assessment is not required. inhabitants including tribal members. In 1998, we began a public involvement National Environmental Policy Act (42 Federalism (Executive Order 13132) process to determine how to structure U.S.C. 4321 et seq.) Consideration Under the criteria in Executive Order management bodies in order to provide The annual regulations and options 13132, this rule does not have sufficient the most effective and efficient were considered in the environmental federalism implications to warrant the involvement of subsistence users. We assessment, ‘‘Managing Migratory Bird began by publishing in the Federal preparation of a Federalism Assessment. Subsistence Hunting in Alaska: Hunting Register stating that we intended to We discuss effects of this rule on the Regulations for the 2011 Spring/ establish management bodies to State of Alaska in the Unfunded Summer Harvest,’’ October 18, 2010. implement the spring and summer Mandates Reform Act section above. We Copies are available from the person subsistence harvest (63 FR 49707, worked with the State of Alaska to listed under FOR FURTHER INFORMATION September 17, 1998). We held meetings develop these regulations. Therefore, a CONTACT or at http:// with the Alaska Department of Fish and www.regulations.gov. Federalism Assessment is not required. Game and the Native Migratory Bird Energy Supply, Distribution, or Use Civil Justice Reform (Executive Order Working Group to provide information (Executive Order 13211) 12988) regarding the amended treaties and to listen to the needs of subsistence users. Executive Order 13211 requires The Department, in promulgating this The Native Migratory Bird Working agencies to prepare Statements of rule, has determined that it will not Group was a consortium of Alaska Energy Effects when undertaking certain unduly burden the judicial system and Natives formed by the Rural Alaska actions. This is not a significant that it meets the requirements of Community Action Program to represent regulatory action under this Executive sections 3(a) and 3(b)(2) of Executive Alaska Native subsistence hunters of Order; it would allow only for Order 12988. migratory birds during the treaty traditional subsistence harvest and

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would improve conservation of the actual closure dates will be (2) Closure: June 10–August 14, migratory birds by allowing effective forwarded to regional newspapers and except for the taking of seabird eggs and regulation of this harvest. Further, this radio and television stations and posted molting/non-nesting waterfowl as rule is not expected to significantly in village post offices and stores. provided in paragraph (f)(1) of this affect energy supplies, distribution, or (3) Special Black Brant and Cackling section. use. Therefore, this action is not a Goose Season Hunting Closure: From (g) North Slope Region. significant energy action under the period when egg laying begins until (1) Southern Unit (Southwestern Executive Order 13211, and no young birds are fledged. Closure dates to North Slope regional boundary east to Statement of Energy Effects is required. be announced by the Service’s Alaska Peard Bay, everything west of the Regional Director or his designee, after longitude line 158°30′ W and south of List of Subjects in 50 CFR Part 92 consultation with field biologists and the latitude line 70°45′ N to the west Exports, Hunting, Imports, Reporting the Association of Village Council bank of the Ikpikpuk River, and and recordkeeping requirements, President’s Waterfowl Conservation everything south of the latitude line Subsistence, Treaties, Wildlife. Committee. A press release announcing 69°45′ N between the west bank of the For the reasons set out in the the actual closure dates will be Ikpikpuk River to the east bank of preamble, we amend title 50, chapter I, forwarded to regional newspapers and Sagavinirktok River): subchapter G, of the Code of Federal radio and television stations and posted (i) Season: April 2–June 29 and July Regulations as follows: in village post offices and stores. 30–August 31 for seabirds; April 2–June (c) Bristol Bay Region. 19 and July 20–August 31 for all other (1) Season: April 2–June 14 and July PART 92—MIGRATORY BIRD birds. 16–August 31 (general season); April 2– SUBSISTENCE HARVEST IN ALASKA (ii) Closure: June 30–July 29 for July 15 for seabird egg gathering only. seabirds; June 20–July 19 for all other ■ (2) Closure: June 15–July 15 (general 1. The authority citation for part 92 birds. continues to read as follows: season); July 16–August 31 (seabird egg gathering). (iii) Special Black Brant Hunting Authority: 16 U.S.C. 703–712. (d) Bering Strait/Norton Sound Opening: From June 20–July 5. The Region. open area would consist of the Subpart D—Annual Regulations coastline, from mean high water line Governing Subsistence Harvest (1) Stebbins/St. Michael Area (Point Romanof to Canal Point): outward to include open water, from Nokotlek Point east to longitude line ■ 2. In subpart D, add § 92.31 to read as (i) Season: April 15–June 14 and July 158°30′ W. This includes Peard Bay, follows: 16–August 31. (ii) Closure: June 15–July 15. Kugrua Bay, and Wainwright Inlet, but § 92.31 Region-specific regulations. (2) Remainder of the region: not the Kuk and Kugrua river drainages. The 2011 season dates for the eligible (i) Season: April 2–June 14 and July (2) Northern Unit (At Peard Bay, subsistence harvest areas are as follows: 16–August 31 for waterfowl; April 2– everything east of the longitude line ° ′ (a) Aleutian/Pribilof Islands Region. July 19 and August 21–August 31 for all 158 30 W and north of the latitude line (1) Northern Unit (Pribilof Islands): other birds. 70°45′ N to west bank of the Ikpikpuk (ii) Closure: June 15–July 15 for (i) Season: April 2–June 30. River, and everything north of the waterfowl; July 20–August 20 for all (ii) Closure: July 1–August 31. latitude line 69°45′ N between the west other birds. (2) Central Unit (Aleut Region’s bank of the Ikpikpuk River to the east (e) Kodiak Archipelago Region, except eastern boundary on the Alaska bank of Sagavinirktok River): for the Kodiak Island roaded area, (i) Season: April 6–June 6 and July 7– Peninsula westward to and including which is closed to the harvesting of Unalaska Island): August 31 for king and common eiders; migratory birds and their eggs. The April 2–June 15 and July 16–August 31 (i) Season: April 2–June 15 and July closed area consists of all lands and 16–August 31. for all other birds. waters (including exposed tidelands) (ii) Closure: June 7–July 6 for king and (ii) Closure: June 16–July 15. east of a line extending from Crag Point (iii) Special Black Brant Season common eiders; June 16–July 15 for all in the north to the west end of Saltery other birds. Closure: August 16–August 31, only in Cove in the south and all lands and (3) Eastern Unit (East of eastern bank Izembek and Moffet lagoons. water south of a line extending from of the Sagavanirktok River): (iv) Special Tundra Swan Closure: All Termination Point along the north side (i) Season: April 2–June 19 and July hunting and egg gathering closed in of Cascade Lake extending to Anton 20–August 31. units 9(D) and 10. Larson Bay. Waters adjacent to the (ii) Closure: June 20–July 19. (3) Western Unit (Umnak Island west closed area are closed to harvest within to and including Attu Island): 500 feet from the water’s edge. The (4) All Units: yellow-billed loons. (i) Season: April 2–July 15 and August offshore islands are open to harvest. Annually, up to 20 yellow-billed loons 16–August 31. (1) Season: April 2–June 30 and July total for the region may be inadvertently (ii) Closure: July 16–August 15. 31–August 31 for seabirds; April 2–June entangled in subsistence fishing nets in (b) Yukon/Kuskokwim Delta Region. 20 and July 22–August 31 for all other the North Slope Region and kept for (1) Season: April 2–August 31. birds. subsistence use. (2) Closure: 30-day closure dates to be (2) Closure: July 1–July 30 for (5) North Coastal Zone (Cape announced by the Service’s Alaska seabirds; June 21–July 21 for all other Thompson north to Point Hope and east Regional Director or his designee, after birds. along the Arctic Ocean coastline around consultation with local subsistence (f) Northwest Arctic Region. Point Barrow to Ross Point, including users, field biologists, and the (1) Season: April 2–June 9 and August Iko Bay, and 5 miles inland). Association of Village Council 15–August 31 (hunting in general); (i) No person may at any time, by any President’s Waterfowl Conservation waterfowl egg gathering May 20–June 9 means, or in any manner, possess or Committee. This 30-day period will only; seabird egg gathering May 20–July have in custody any migratory bird or occur between June 1 and August 15 of 12 only; hunting molting/non-nesting part thereof, taken in violation of each year. A press release announcing waterfowl July 1–July 31 only. subpart C and D of this part.

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(ii) Upon request from a Service law and adjacent shoreline of western Prince ACTION: Temporary rule; apportionment enforcement officer, hunters taking, of Wales Island from Point Baker to of reserves; request for comments. attempting to take, or transporting Cape Chacon, but also including migratory birds taken during the Coronation and Warren islands): SUMMARY: NMFS apportions amounts of subsistence harvest season must present (i) Season: Glaucous-winged gull egg the non-specified reserve to the initial them to the officer for species gathering only: May 15–June 30. total allowable catch of octopus in the identification. (ii) Closure: July 1–August 31. Bering Sea and Aleutian Islands (BSAI). (h) Interior Region. (3) Community of Yakutat (Harvest This action is necessary to allow the (1) Season: April 2–June 14 and July area: Icy Bay (Icy Cape to Point Riou), fisheries to continue operating. It is 16–August 31; egg gathering May 1–June and coastal lands and islands bordering intended to promote the goals and 14 only. the Gulf of Alaska from Point Manby objectives of the fishery management (2) Closure: June 15–July 15. southeast to Dry Bay): plan for the BSAI. (i) Upper Copper River Region (i) Season: Glaucous-winged gull egg DATES: Effective March 24, 2011 through (Harvest Area: Units 11 and 13) (Eligible gathering: May 15–June 30. 2400 hrs, Alaska local time, December communities: Gulkana, Chitina, Tazlina, (ii) Closure: July 1–August 31. 31, 2011. Comments must be received at Copper Center, Gakona, Mentasta Lake, ■ 3. In subpart D, add § 92.32 to read as the following address no later than 4:30 Chistochina and Cantwell). follows: p.m., Alaska local time, April 8, 2011. (1) Season: April 15–May 26 and June ADDRESSES: Send comments to James W. 27–August 31. § 92.32 Emergency regulations to protect Balsiger, Regional Administrator, Alaska (2) Closure: May 27–June 26. Steller’s eiders. Region, NMFS, Attn: Ellen Sebastian. (3) The Copper River Basin Upon finding that continuation of communities listed above also You may submit comments, identified these subsistence regulations would by RIN 0648–XA322, by any one of the documented traditional use harvesting pose an imminent threat to the birds in Unit 12, making them eligible following methods: conservation of threatened Steller’s • Electronic Submissions: Submit all to hunt in this unit using the seasons eiders (Polysticta stelleri), the U.S. Fish electronic public comments via the specified in paragraph (h) of this and Wildlife Service Alaska Regional Federal eRulemaking Portal Web site at section. Director, in consultation with the Co- http://www.regulations.gov. (j) Gulf of Alaska Region. management Council, will immediately • (1) Prince William Sound Area Mail: P.O. Box 21668, Juneau, AK under § 92.21 take action as is necessary (Harvest area: Unit 6 [D]), (Eligible 99802. to prevent further take. Regulation • Chugach communities: Chenega Bay, Fax: (907) 586–7557, Attn: Ellen changes implemented could range from Tatitlek): Sebastian. (i) Season: April 2–May 31 and July a temporary closure of duck hunting in Instructions: All comments received 1–August 31. a small geographic area to large-scale are a part of the public record and will (ii) Closure: June 1–30. regional or Statewide longterm closures generally be posted to http:// (2) Kachemak Bay Area (Harvest area: of all subsistence migratory bird www.regulations.gov without change. Unit 15[C] South of a line connecting hunting. These closures or temporary All Personal Identifying Information the tip of Homer Spit to the mouth of suspensions will remain in effect until (e.g., name, address) voluntarily Fox River) (Eligible Chugach the Regional Director, in consultation submitted by the commenter may be Communities: Port Graham, Nanwalek): with the Co-management Council, publicly accessible. Do not submit (i) Season: April 2–May 31 and July determines that the potential for Confidential Business Information or 1–August 31. additional Steller’s eiders to be taken no otherwise sensitive or protected (ii) Closure: June 1–30. longer exists. information. (k) Cook Inlet (Harvest area: portions Dated: February 23, 2011. NMFS will accept anonymous of Unit 16[B] as specified below) Will Shafroth, comments (enter N/A in the required (Eligible communities: Tyonek only): fields, if you wish to remain (1) Season: April 2–May 31—That Acting Assistant Secretary for Fish and Wildlife and Parks. anonymous). Attachments to electronic portion of Unit 16(B) south of the comments will be accepted in Microsoft Skwentna River and west of the Yentna [FR Doc. 2011–7334 Filed 3–28–11; 8:45 am] Word, Excel, WordPerfect, or Adobe River, and August 1–31—That portion BILLING CODE 4310–55–P portable document file (pdf) formats of Unit 16(B) south of the Beluga River, only. Beluga Lake, and the Triumvirate DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Glacier: Obren Davis, 907–586–7228. (2) Closure: June 1–July 31. National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: NMFS (l) Southeast Alaska. Administration (1) Community of Hoonah (Harvest manages the groundfish fishery in the area: National Forest lands in Icy Strait BSAI exclusive economic zone 50 CFR Part 679 and Cross Sound, including Middle Pass according to the Fishery Management Rock near the Inian Islands, Table Rock [Docket No. 101126521–0640–02] Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area in Cross Sound, and other traditional RIN 0648–XA322 locations on the coast of Yakobi Island. (FMP) prepared by the North Pacific The land and waters of Glacier Bay Fisheries of the Exclusive Economic Fishery Management Council under National Park remain closed to all Zone Off Alaska; Octopus in the Bering authority of the Magnuson-Stevens subsistence harvesting (50 CFR Sea and Aleutian Islands Management Fishery Conservation and Management 100.3(a)): Area Act. Regulations governing fishing by (i) Season: Glaucous-winged gull egg U.S. vessels in accordance with the FMP gathering only: May 15–June 30. AGENCY: National Marine Fisheries appear at subpart H of 50 CFR part 600 (ii) Closure: July 1–August 31. Service (NMFS), National Oceanic and and 50 CFR part 679. (2) Communities of Craig and Atmospheric Administration (NOAA), The 2011 initial total allowable catch Hydaburg (Harvest area: Small islands Commerce. (ITAC) of octopus in the BSAI was

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