Interim Rule 1018-BD07 (84 FR 12946)

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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Rules and Regulations

a. In paragraph (d)(3)(i), add the words
‘‘with the Director, Office of Economics,
Surface Transportation Board,
Washington, DC,’’ after ‘‘shipper’’;
■ b. Remove paragraph (d)(3)(ii) and
redesignate paragraph (d)(3)(iii) as
paragraph (d)(3)(ii);
■ c. In paragraph (e)(2), remove the
words ‘‘An original and 2 copies of the’’
and add in their place ‘‘The’’; and
■ d. In paragraph (g)(3), remove the
words ‘‘An original and three (3) copies
of the’’ and add in their place ‘‘The’’.
■

PART 1312—REGULATIONS FOR THE
PUBLICATION, POSTING AND FILING
OF TARIFFS FOR THE
TRANSPORTATION OF PROPERTY BY
OR WITH A WATER CARRIER IN
NONCONTIGUOUS DOMESTIC TRADE
44. The authority citation for part
1312 continues to read as follows:

■

[FR Doc. 2019–05831 Filed 4–2–19; 8:45 am]
BILLING CODE 4915–01–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS–R7–MB–2019–0005;
FXMB12610700000–190–FF07M01000]
RIN 1018–BD07

Authority: 49 U.S.C. 1321(a), 13702(a),
13702(b) and 13702(d).

Migratory Bird Subsistence Harvest in
Alaska; Harvest Regulations for
Migratory Birds in Alaska During the
2019 Season

§ 1312.4

AGENCY:

[Amended]

45. Amend § 1312.4 as follows:
a. In paragraph (a)(1), remove ‘‘1925 K
Street, NW,’’;
■ b. In paragraph (a)(2)(iii), remove the
words ‘‘enclosed, the account number to
be billed, or the credit card to be
charged;’’ and add in their place
‘‘method of payment (pursuant to 49
CFR 1002.2(a)); and’’;
■ c. In paragraph (a)(2)(iv), remove ‘‘;
and’’ and add in its place a period; and
■ d. Remove paragraph (a)(2)(v).
■
■

PART 1313—RAILROAD CONTRACTS
FOR THE TRANSPORTATION OF
AGRICULTURAL PRODUCTS
46. The authority citation for part
1313 continues to read as follows:

■

Authority: 49 U.S.C. 1321(a) and 10709.

47. In § 1313.4, revise paragraphs
(a)(3)(iii) and (iv) and remove paragraph
(a)(3)(v) to read as follows:

■

§ 1313.4 Filing procedures and formats for
contract summaries.

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with the Board in a package marked
‘‘Confidential Rail Contract Material’’. If
a complaint, petition, or reply is
electronically filed, it must be
designated as confidential in the Board’s
e-filing system.
*
*
*
*
*

(a) * * *
(3) * * *
(iii) The filing fee enclosed (pursuant
to 49 CFR 1002.2(a)); and
(iv) The transmittal number if the filer
utilizes transmittal numbers.
*
*
*
*
*
■ 48. In § 1313.10, revise paragraph
(a)(7) and remove paragraph (a)(8)(v) to
read as follows:
§ 1313.10 Procedures for complaints and
discovery.

(a) * * *
(7) Filings. If a complaint, petition, or
reply is filed in paper, it must be filed

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Fish and Wildlife Service,
Interior.
ACTION: Interim rule.
The U.S. Fish and Wildlife
Service (Service or we) is establishing
migratory bird subsistence harvest
regulations in Alaska for the 2019
season. These regulations allow for the
continuation of customary and
traditional subsistence uses of migratory
birds in Alaska and prescribe regional
information on when and where the
harvesting of birds may occur. These
regulations were developed under a comanagement process involving the
Service, the Alaska Department of Fish
and Game, and Alaska Native
representatives. The rulemaking is
necessary because the regulations
governing the subsistence harvest of
migratory birds in Alaska are subject to
annual review. The proposed rule for
the 2019 season was delayed, requiring
this interim rule to allow subsistence
hunting to begin in April. We will
respond to public comments, and based
on public comments received, may
revise this interim rule.
DATES: This rule becomes effective on
April 2, 2019. We will accept comments
received or postmarked on or before
May 3, 2019.
ADDRESSES: You may submit comments
on this interim rule by one of the
following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R7–MB–2019–0005.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R7–
MB–2019–0005; Division of Policy,
SUMMARY:

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Performance, and Management
Programs; U.S. Fish and Wildlife
Service; 5275 Leesburg Place, MS:
BPHC; Falls Church, VA 22041–3803.
We will not accept email or faxes. We
will post all comments on http://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments Solicited and Public
Availability of Comments, below, for
more information).
FOR FURTHER INFORMATION CONTACT: Eric
J. Taylor, U.S. Fish and Wildlife Service,
1011 E. Tudor Road, Mail Stop 201,
Anchorage, AK 99503; (907) 786–3446.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We solicit comments or suggestions
from the public. To ensure that any
action resulting from this interim 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 interim rule
by one of the methods listed above in
ADDRESSES. We will not accept
comments sent by email or fax or to an
address not listed in ADDRESSES. If you
submit a comment via http://
www.regulations.gov, your entire
comment—including any personal
identifying information, such as your
address, telephone number, or email
address—will be posted on the website.
When you submit a comment, the
system receives it immediately.
However, the comment will not be
publicly viewable until we post it,
which might not occur until several
days after submission.
If you mail 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.

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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Rules and Regulations
In addition, comments and materials
we receive, as well as supporting
documentation used in preparing this
interim rule, will be available for public
inspection in two ways:
(1) You can view them on http://
www.regulations.gov. Search for FWS–
R7–MB–2019–0005, 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, MS: MB, 5275 Leesburg
Pike, Falls Church, VA 22041–3803;
(703) 358–1714.
Public Availability of Comments
As stated above in more detail, before
including your address, phone number,
email 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.

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Why is this rulemaking necessary?
This rulemaking is necessary because,
by law, the migratory bird harvest
season is closed unless opened by the
Secretary of the Interior, and the
regulations governing subsistence
harvest of migratory birds in Alaska are
subject to public review and annual
approval. This rule establishes
regulations for the taking of migratory
birds for subsistence uses in Alaska
during the spring and summer of 2019.
This rule also sets forth a list of
migratory bird season openings and
closures in Alaska by region.
Need for Interim Rule
To meet the April 2, 2019, opening
season for Alaska subsistence harvest of
migratory game birds, we are publishing
an interim rule. We were not able to
publish a proposed rule in 2019 due to
unforeseen time constraints. We have
engaged with stakeholders and they are
understanding of this circumstance. We
are providing an opportunity for public
comment (30 days) with this interim
rule (see DATES, above). This will help
ensure that if we receive any public
comments that we could propose those
changes in the 2020 spring and summer
subsistence harvest rule.
Our February 1, 2018, proposed rule
(83 FR 4623) provided the public the
opportunity to comment on the
provisions in this interim rule. For
subpart D of part 92 in title 50 of the

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Code of Federal Regulations (50 CFR
part 92, subpart D), the provisions in
this interim rule are the same as those
set forth in our March 30, 2018, final
rule (83 FR 13684); the amendments in
the March 30, 2018, final rule to 50 CFR
part 92, subpart C do not need to be
readopted here. The March 30, 2018,
final rule is the most recent Alaska
migratory bird subsistence harvest final
rule, and the public is familiar with it,
having already commented on it. The
public, having commented on the 2018
final rule and other previous final rules,
also had an opportunity to comment on
the substance of the current interim
rule. We also addressed the three
relevant comments received in the 2018
final rule. Furthermore, these Alaska
subsistence harvest regulations have
generally been similar the past several
years, and with no significant
controversy from the public. We do not
intend to use an interim rule again for
this purpose, as doing so prevents
modifications to the regulations
implemented in consultation with the
Alaskan communities. We regret any
confusion that this deviation from the
normal rulemaking process may cause.
In future Alaska migratory bird
subsistence harvest rulemaking actions,
we expect to have a proposed rule
earlier in the process to ensure meeting
the April 2 opening date for the season.
Again, it would not be possible for us
to publish a proposed rule, with a 30day comment period, and then publish
a final rule, by April 2. Therefore,
without this interim rule, the
subsistence hunting of migratory birds
in Alaska during the normal season,
which begins on April 2 each year,
would be in violation of the Migratory
Bird Treaty Act (MBTA; 16 U.S.C. 703–
712). To respect the subsistence hunt of
many rural Alaskans, either for their
cultural or religious exercise,
sustenance, and/or materials for cultural
use (e.g., handicrafts), the Department of
the Interior finds that it is in the public
interest to publish this interim rule.
Under 5 U.S.C. 553(b), the
Administrative Procedure Act allows an
agency to make a rule effective without
a proposed rule for good cause if
‘‘contrary to the public interest.’’ We
find that the delay associated with
public comment on a proposed rule to
open the Alaska migratory bird
subsistence harvest by April 2 is
contrary to the public interest, and
therefore the ‘‘good cause’’ exception
under 5 U.S.C. 553(b) applies.
In addition, we have good cause to
waive the standard 30-day effective date
for this interim rule consistent with 5
U.S.C. 553(d)(3) of the Administrative
Procedure Act, and this rule will,

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therefore, take effect on April 2, 2019.
This rule relieves a restriction, as just
described. Delaying the effective date
for 30 days would have detrimental
effects on Alaskans seeking to conduct
subsistence harvest during the season
that begins April 2, 2019, and on the
businesses that support this activity.
While we are taking these steps to
ensure Alaskan subsistence hunters do
not violate the MBTA, we invite public
comment as described above in DATES
and ADDRESSES. Following our
consideration of the comments received,
we will respond to public comments,
and based on public comments
received, may revise this interim rule.
How do I find the history of these
regulations?
Background information, including
past events leading to this rulemaking,
accomplishments since the Migratory
Bird Treaties with Canada and Mexico
were amended, and a history, were
originally addressed in the Federal
Register on August 16, 2002 (67 FR
53511) and most recently on March 30,
2018 (83 FR 13684).
Recent Federal Register documents
and all final rules setting forth the
annual harvest regulations are available
at http://www.fws.gov/alaska/ambcc/
regulations.htm or by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
What is the process for issuing
regulations for the subsistence harvest
of migratory birds in Alaska?
The U.S. Fish and Wildlife Service is
establishing migratory bird subsistenceharvest regulations in Alaska for the
2019 season. These regulations allow for
the continuation of customary and
traditional subsistence uses of migratory
birds in Alaska and prescribe regional
information on when and where the
harvesting of birds may occur. These
regulations were developed under a comanagement process involving the
Service, the Alaska Department of Fish
and Game, and Alaska Native
representatives.
The Alaska Migratory Bird Comanagement Council (Co-management
Council) did not hold its annual spring
meeting in 2018 due to budget
constraints. The Co-management
Council did consider two proposals to
administratively correct two aspects of
the closed season in the Yukon/
Kuskokwim Delta region in the 2019
regulations, and voted to approve these
via teleconference and email. These
proposals will be included in next
year’s rulemaking.

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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Rules and Regulations

This Interim Rule
This interim rule contains no changes
from the final regulation amendments
published on March 30, 2018 (83 FR
13684), for 50 CFR part 92, subpart D.

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Who is eligible to hunt under these
regulations?
Eligibility to harvest under the
regulations established in 2003 was
limited to permanent residents,
regardless of race, in villages located
within the Alaska Peninsula, Kodiak
Archipelago, the Aleutian Islands, and
in areas north and west of the Alaska
Range (50 CFR 92.5). These geographical
restrictions opened the initial migratory
bird subsistence harvest to about 13
percent of Alaska residents. The most
populated portions of Alaska such as
Anchorage, the Matanuska-Susitna and
Fairbanks North Star boroughs, the
Kenai Peninsula roaded area, the Gulf of
Alaska roaded area, the town of Kodiak,
and Southeast Alaska were excluded
from eligible subsistence harvest areas.
In response to petitions requesting
inclusion in the harvest in 2004, we
added 13 additional communities
consistent with the criteria set forth at
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 glaucouswinged gull egg gathering only in
response to petitions requesting
inclusion. These southeastern
communities were Craig, Hydaburg, and
Yakutat, with a combined population of
2,459, according to the latest census
information at that time.
In 2007, we enacted the Alaska
Department of Fish and Game’s request
to expand the Fairbanks North Star
Borough excluded area to include the
Central Interior area. This action
excluded the following communities
from participation in this harvest: Big
Delta/Fort Greely, Healy, McKinley
Park/Village, and Ferry, with a
combined population of 2,812.
In 2012, we received a request from
the Native Village of Eyak to include
Cordova, Alaska, for a limited season
that would legalize the traditional
gathering of gull eggs and the hunting of
waterfowl during spring. This request
resulted in a new, limited harvest of
spring waterfowl and gull eggs starting
in 2014.

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How will the service ensure that the
subsistence migratory bird harvest
complies with the migratory bird treaty
act, and will not threaten the
conservation of endangered and
threatened species?
We have monitored subsistence
harvest for more than 25 years through
the use of household surveys in the
most heavily used subsistence harvest
areas, such as the Yukon-Kuskokwim
Delta.
Based on our monitoring of the
migratory bird species and populations
taken for subsistence, we find that this
rule will provide for the preservation
and maintenance of migratory bird
stocks as required by the MBTA. The
MBTA’s 16 U.S.C. 712(1) provision
states that the Service, ‘‘is authorized 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.’’ Communication
and coordination between the Service,
the Co-management Council, and the
Pacific Flyway Council have allowed us
to set harvest regulations to ensure the
long-term viability of the migratory bird
stocks. In addition, Alaska migratory
bird subsistence harvest rates have
continued to decline since the inception
of the subsistence-harvest program,
reducing concerns about the program’s
consistency with the preservation and
maintenance of stocks of migratory
birds.
As for the ensuring the conservation
of species listed under the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.), spectacled
eiders (Somateria fischeri) and the
Alaska-breeding population of Steller’s
eiders (Polysticta stelleri) are listed as
threatened species. Their migration and
breeding distribution overlap with areas
where the spring and summer
subsistence migratory bird hunt is open
in Alaska. Both species are closed to
hunting, although harvest surveys and
Service documentation indicate both
species are taken in several regions of
Alaska. We have determined that this
rule complies with the ESA (see
Endangered Species Act Consideration
discussion, below).
The Service has dual objectives and
responsibilities for authorizing a
subsistence harvest while protecting
migratory birds and threatened species.
Although these objectives continue to be

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challenging, they are not irreconcilable,
provided that: (1) Regulations continue
to protect threatened species; (2)
measures to address documented threats
are implemented; and (3) the
subsistence community and other
conservation partners commit to
working together. With these objectives
in mind, the Service, working with
North Slope partners, developed
measures in 2009 to further reduce the
potential for shooting mortality or injury
of closed species. These conservation
measures included: (1) Increased
waterfowl hunter outreach and
community awareness through
partnering with the North Slope
Migratory Bird Task Force; and (2)
continued enforcement of the migratory
bird regulations that are protective of
listed eiders.
This rule continues to focus on the
North Slope from Utqiagvik (formerly
known as Barrow) to Point Hope
because Steller’s eiders from the listed
Alaska breeding population are known
to breed and migrate there, and harvest
survey data and direct observations
indicate take during subsistence harvest
has occurred there. These regulations
are designed to address several ongoing
eider-management needs by clarifying
for subsistence users that (1) Service law
enforcement personnel have authority to
verify species of birds possessed by
hunters, and (2) it is illegal to possess
any species of bird closed to harvest.
This rule also describes how the
Service’s existing authority of
emergency closure will be implemented,
if necessary, to protect Steller’s eiders.
We are always willing to discuss
regulations with our partners on the
North Slope to ensure protection of
closed species while providing
subsistence hunters an opportunity to
maintain the culture and traditional
migratory bird harvest of the
community. These regulations
pertaining to bag checks and possession
of illegal birds are deemed necessary to
monitor take of closed eider species
during the subsistence hunt.
In collaboration with North Slope
partners, a number of conservation
efforts have been implemented to raise
awareness and educate hunters in and
around Utqiagvik on Steller’s eider
conservation via the local bird outreach
festival, meetings, radio shows, signs,
school visits, and one-on-one contacts.
Limited intermittent monitoring on the
North Slope, focused primarily at
Utqiagvik, found no evidence that listed
eiders were shot in 2009 through 2012;
one Steller’s eider and one spectacled
eider were found shot during the
summer of 2013; one Steller’s eider was
found shot in 2014; and no listed eiders

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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Rules and Regulations
were found shot in 2015 through 2018.
Elsewhere in Alaska, one spectacled
eider that appeared to have been shot
was found dead on the YukonKuskokwim Delta in 2015.
The Service notes that progress is
being made with the other eider
conservation measures, including
partnering with the North Slope
Migratory Bird Task Force, for increased
waterfowl-hunter awareness, continued
enforcement of the regulations, and inseason verification of the harvest.
However, Service staff have
documented significant availability of
lead shot in waterfowl rounds for sale
in communities on the YukonKuskokwim Delta and North Slope.
Mortality, sickness, and poisoning from
lead exposure have been documented in
many waterfowl species, including
threatened spectacled and Steller’s
eiders.
Lead shot has been banned nationally
for waterfowl hunting since 1991, and
this ban is further supported by local
bans proposed by the North Slope
Borough Fish and Wildlife Management
Committee and the Association of
Village Council Presidents—Waterfowl
Conservation Committee since 2006 and
2007, respectively. The Service will
work with partners and to increase our
education, outreach, and enforcement
efforts to ensure these bans are effective,
and that subsistence waterfowl hunting
is conducted using nontoxic shot.
The longstanding general emergencyclosure 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 regulations
at 50 CFR 92.32, carried over from the
past 8 years, clarify that we would take
action under 50 CFR 92.21 as is
necessary to prevent further take of
Steller’s eiders, and that action could
include temporary or long-term closures
of the harvest in all or a portion of the
geographic area open to harvest. When
and if mortality of threatened eiders is
documented, we would evaluate each
mortality event by criteria such as
cause, quantity, sex, age, location, and
date. We would consult with the Comanagement Council when we are
considering an emergency closure. If we
determine that an emergency closure is
necessary, we would design it to
minimize its impact on the subsistence
harvest.
Endangered Species Act Consideration
Section 7 of the Endangered Species
Act (16 U.S.C. 1536) requires the

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Secretary of the Interior to ‘‘review other
programs administered by him (or her)
and utilize such programs in
furtherance of the purposes of the Act’’
and to ‘‘insure that any action
authorized, funded, or carried out . . .
is not likely to jeopardize the continued
existence of any endangered species or
threatened species or result in the
destruction or adverse modification of
[critical] habitat. . . . ’’ We conducted
an intra-agency consultation with the
Service’s Fairbanks Fish and Wildlife
Field Office on this interim rule. The
consultation was completed with a
biological opinion that concluded the
interim rule and conservation measures
are not likely to jeopardize the
continued existence of Steller’s and
spectacled eiders or result in the
destruction or adverse modification of
designated critical habitat. Based on
comments submitted, we may confirm
this finding in our future notice
responding to public comments.
Statutory Authority
We derive our authority to issue these
regulations from the Migratory Bird
Treaty Act of 1918, at 16 U.S.C. 712(1),
which authorizes the Secretary of the
Interior, in accordance with the treaties
with Canada, Mexico, Japan, and Russia,
to ‘‘issue such regulations as may be
necessary to assure that the taking of
migratory birds and the collection of
their eggs, by the indigenous inhabitants
of the State of Alaska, shall be permitted
for their own nutritional and other
essential needs, as determined by the
Secretary of the Interior, during seasons
established so as to provide for the
preservation and maintenance of stocks
of migratory birds.’’
Required Determinations
Executive Order 13771—Reducing
Regulation and Controlling Regulatory
Costs
This rule is not subject to the
requirements of Executive Order 13771
(82 FR 9339, February 3, 2017) because
this rule establishes annual harvest
limits related to routine hunting or
fishing.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) will review all significant
rules. OIRA has determined that this
rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,

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and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities as
defined under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). A regulatory
flexibility analysis is not required.
Accordingly, a Small Entity Compliance
Guide is not required. This rule
legalizes a pre-existing subsistence
activity, and the resources harvested
will be consumed.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Will not have an annual effect on
the economy of $100 million or more. It
legalizes and regulates a traditional
subsistence activity. It will not result in
a substantial increase in subsistence
harvest or a significant change in
harvesting patterns. The commodities
that will be 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 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, will not have an impact on
prices for consumers.

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(c) Will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This rule deals with the harvesting of
wildlife for personal consumption. It
will not regulate the marketplace in any
way to generate substantial effects on
the economy or the ability of businesses
to compete.

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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 will not have a
significant or unique effect on State,
local, or tribal governments or the
private sector. A statement containing
the information required by the
Unfunded Mandates Reform Act is not
required. Participation on regional
management bodies and the Comanagement Council requires travel
expenses for some Alaska Native
organizations and local governments. In
addition, they assume some expenses
related to coordinating involvement of
village councils in the regulatory
process. Total coordination and travel
expenses for all Alaska Native
organizations are estimated to be less
than $300,000 per year. In a notice of
decision (65 FR 16405; March 28, 2000),
we identified 7 to 12 partner
organizations (Alaska Native nonprofits
and local governments) to administer
the regional programs. The Alaska
Department of Fish and Game also
incurs expenses for travel to Comanagement Council and regional
management body meetings. In
addition, the State of Alaska would 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 will 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.

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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 summary
impact statement. 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
summary impact statement 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
We implemented the amended treaty
with Canada with a focus on local
involvement. The treaty calls for the
creation of management bodies to
ensure an effective and meaningful role
for Alaska’s indigenous inhabitants in
the conservation of migratory birds.
According to the Letter of Submittal,
management bodies are to include
Alaska Native, Federal, and State of
Alaska representatives as equals. They
develop recommendations for, among
other things: Seasons and bag limits,
methods and means of take, law
enforcement policies, population and
harvest monitoring, education programs,
research and use of traditional
knowledge, and habitat protection. The
management bodies involve village
councils to the maximum extent
possible in all aspects of management.
To ensure maximum input at the village
level, we required each of the 11
participating regions to create regional
management bodies consisting of at
least one representative from the
participating villages. The regional
management bodies meet twice
annually to review and/or submit
proposals to the Statewide body.
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), E.O.
13175, and 512 DM 2, we are evaluating
possible effects on Federally recognized
Indian tribes. The provisions in this
Interim Rule are the same as those set
forth in last year’s final Rule, where we
consulted with the tribes. This rulemaking process is collaborative with the

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Tribes, and we will continue to consult
with the Tribes as we affirm the Interim
Rule.
Paperwork Reduction Act of 1995 (PRA)
This rule does not contain any new
collections of information that require
Office of Management and Budget
(OMB) approval under the PRA (44
U.S.C. 3501 et seq.). OMB has
previously approved the information
collection requirements associated with
voluntary annual household surveys
used to determine levels of subsistence
take and assigned OMB Control No.
1018–0124 (expires 10/31/2019). You
may view the information collection
requirements at http://www.reginfo.gov/
public/do/PRAMain. We may not
conduct or sponsor and you are not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
Consideration (42 U.S.C. 4321 et seq.)
The annual regulations and options
are considered in an October 2018
environmental assessment, ‘‘Managing
Migratory Bird Subsistence Hunting in
Alaska: Hunting Regulations for the
2019 Spring/Summer Harvest.’’ Copies
are available from the person listed
under FOR FURTHER INFORMATION
CONTACT or at http://
www.regulations.gov.
Energy Supply, Distribution, or Use
(Executive Order 13211)
Executive Order 13211 requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. This is not a significant
regulatory action under this Executive
Order; it allows only for traditional
subsistence harvest and improves
conservation of migratory birds by
allowing effective regulation of this
harvest. Further, this rule is not
expected to significantly affect energy
supplies, distribution, or use. Therefore,
this action is not a significant energy
action under Executive Order 13211,
and a Statement of Energy Effects is not
required.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Regulation Promulgation
For the reasons set out in the
preamble, we amend title 50, chapter I,
subchapter G, of the Code of Federal
Regulations as follows:
PART 92—MIGRATORY BIRD
SUBSISTENCE HARVEST IN ALASKA
1. The authority citation for part 92
continues to read as follows:

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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Rules and Regulations
Authority: 16 U.S.C. 703–712.

Subpart D—Annual Regulations
Governing Subsistence Harvest
2. Amend subpart D by adding § 92.31
to read as follows:

■

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§ 92.31

Region-specific regulations.

The 2019 season dates for the eligible
subsistence-harvest areas are as follows:
(a) Aleutian/Pribilof Islands region.
(1) Northern Unit (Pribilof Islands):
(i) Season: April 2–June 30.
(ii) Closure: July 1–August 31.
(2) Central Unit (Aleutian Region’s
eastern boundary on the Alaska
Peninsula westward to and including
Unalaska Island):
(i) Season: April 2–June 15 and July
16–August 31.
(ii) Closure: June 16–July 15.
(iii) Special Black Brant Season
Closure: August 16–August 31, only in
Izembek and Moffet lagoons.
(iv) Special Tundra Swan Closure: All
hunting and egg gathering closed in
Game Management Units 9(D) and 10.
(3) Western Unit (Umnak Island west
to and including Attu Island):
(i) Season: April 2–July 15 and August
16–August 31.
(ii) Closure: July 16–August 15.
(b) Yukon/Kuskokwim Delta region.
(1) Season: April 2–August 31.
(2) Closure: 30-day closure dates to be
announced by the Service’s Alaska
Regional Director or his designee, after
consultation with field biologists and
the Association of Village Council
President’s Waterfowl Conservation
Committee. This 30-day period will
occur between June 1 and August 15 of
each year. A press release announcing
the actual closure dates will be
forwarded to regional newspapers and
radio and television stations.
(3) Special Black Brant Season
Hunting Closure: From the period when
egg laying begins until young birds are
fledged. Closure dates to be announced
by the Service’s Alaska Regional
Director or his designee, after
consultation with field biologists and
the Association of Village Council
President’s Waterfowl Conservation
Committee. A press release announcing
the actual closure dates will be
forwarded to regional newspapers and
radio and television stations.
(c) Bristol Bay region. (1) Season:
April 2–June 14 and July 16–August 31
(general season); April 2–July 15 for
seabird egg gathering only.
(2) Closure: June 15–July 15 (general
season); July 16–August 31 (seabird egg
gathering).
(d) Bering Strait/Norton Sound region.
(1) Stebbins/St. Michael Area (Point
Romanof to Canal Point):

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(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
Larsen Bay. Marine waters adjacent to
the closed area are closed to harvest
within 500 feet from the water’s edge.
The offshore islands are open to harvest.
(1) Season: April 2–June 30 and July
31–August 31 for seabirds; April 2–June
20 and July 22–August 31 for all other
birds.
(2) Closure: July 1–July 30 for
seabirds; June 21–July 21 for all other
birds.
(f) Northwest Arctic region. (1)
Season: April 2–June 14 and July 16–
August 31 (hunting in general);
waterfowl egg gathering April 2–June 14
only; seabird egg gathering May 20–July
12 only; hunting molting/non-nesting
waterfowl July 1–July 15 only.
(2) Closure: June 15–July 15, except
for the taking of seabird eggs and
molting/non-nesting waterfowl as
provided in paragraph (f)(1) of this
section.
(g) North Slope region. (1) Southern
Unit (Southwestern North Slope
regional boundary east to Peard Bay,
everything west of the longitude line
158°30′ W and south of the latitude line
70°45′ N to the west bank of the
Ikpikpuk River, and everything south of
the latitude line 69°45′ N between the
west bank of the Ikpikpuk River to the
east bank of Sagavinirktok River):
(i) Season: April 2–June 29 and July
30–August 31 for seabirds; April 2–June
19 and July 20–August 31 for all other
birds.
(ii) Closure: June 30–July 29 for
seabirds; June 20–July 19 for all other
birds.
(iii) Special Black Brant Hunting
Opening: From June 20–July 5. The
open area consists of the coastline, from
mean high water line outward to
include open water, from Nokotlek
Point east to longitude line 158°30′ W.

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12951

This includes Peard Bay, Kugrua Bay,
and Wainwright Inlet, but not the Kuk
and Kugrua river drainages.
(2) Northern Unit (At Peard Bay,
everything east of the longitude line
158°30′ W and north of the latitude line
70°45′ N to west bank of the Ikpikpuk
River, and everything north of the
latitude line 69°45′ N between the west
bank of the Ikpikpuk River to the east
bank of Sagavinirktok River):
(i) Season: April 2–June 6 and July 7–
August 31 for king and common eiders;
April 2–June 15 and July 16–August 31
for all other birds.
(ii) Closure: June 7–July 6 for king and
common eiders; June 16–July 15 for all
other birds.
(3) Eastern Unit (East of eastern bank
of the Sagavanirktok River):
(i) Season: April 2–June 19 and July
20–August 31.
(ii) Closure: June 20–July 19.
(4) All Units: yellow-billed loons.
Annually, up to 20 yellow-billed loons
total for the region inadvertently
entangled in subsistence fishing nets in
the North Slope Region may be kept for
subsistence use.
(5) North Coastal Zone (Cape
Thompson north to Point Hope and east
along the Arctic Ocean coastline around
Point Barrow to Ross Point, including
Iko Bay, and 5 miles inland).
(i) No person may at any time, by any
means, or in any manner, possess or
have in custody any migratory bird or
part thereof, taken in violation of
subparts C and D of this part.
(ii) Upon request from a Service law
enforcement officer, hunters taking,
attempting to take, or transporting
migratory birds taken during the
subsistence harvest season must present
them to the officer for species
identification.
(h) Interior region. (1) Season: April
2–June 14 and July 16–August 31; egg
gathering May 1–June 14 only.
(2) Closure: June 15–July 15.
(i) Upper Copper River region
(Harvest Area: Game Management Units
11 and 13) (Eligible communities:
Gulkana, Chitina, Tazlina, Copper
Center, Gakona, Mentasta Lake,
Chistochina and Cantwell).
(1) Season: April 15–May 26 and June
27–August 31.
(2) Closure: May 27–June 26.
(3) The Copper River Basin
communities listed above also
documented traditional use harvesting
birds in Game Management Unit 12,
making them eligible to hunt in this unit
using the seasons specified in paragraph
(h) of this section.
(j) Gulf of Alaska region. (1) Prince
William Sound Area West (Harvest area:
Game Management Unit 6[D]), (Eligible

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Chugach communities: Chenega Bay,
Tatitlek):
(i) Season: April 2–May 31 and July
1–August 31.
(ii) Closure: June 1–30.
(2) Prince William Sound Area East
(Harvest area: Game Management Units
6[B]and [C]—Barrier Islands between
Strawberry Channel and Softtuk Bar),
(Eligible Chugach communities:
Cordova, Tatitlek, and Chenega Bay):
(i) Season: April 2–April 30 (hunting);
May 1–May 31 (gull egg gathering).
(ii) Closure: May 1–August 31
(hunting); April 2–30 and June 1–
August 31 (gull egg gathering).
(iii) Species Open for Hunting:
Greater white-fronted goose; snow
goose; gadwall; Eurasian and American
wigeon; blue-winged and green-winged
teal; mallard; northern shoveler;
northern pintail; canvasback; redhead;
ring-necked duck; greater and lesser
scaup; king and common eider;
harlequin duck; surf, white-winged, and
black scoter; long-tailed duck;
bufflehead; common and Barrow’s
goldeneye; hooded, common, and redbreasted merganser; and sandhill crane.
Species open for egg gathering:
glaucous-winged, herring, and mew
gulls.
(iv) Use of Boats/All-Terrain Vehicles:
No hunting from motorized vehicles or
any form of watercraft.
(v) Special Registration: All hunters or
egg gatherers must possess an annual
permit, which is available from the
Cordova offices of the Native Village of
Eyak and the U.S. Forest Service.
(3) Kachemak Bay Area (Harvest area:
Game Management Unit 15[C] South of
a line connecting the tip of Homer Spit
to the mouth of Fox River) (Eligible
Chugach Communities: Port Graham,
Nanwalek):
(i) Season: April 2–May 31 and July
1–August 31.
(ii) Closure: June 1–30.
(k) Cook Inlet (Harvest area: portions
of Game Management Unit 16[B] as
specified below) (Eligible communities:
Tyonek only):
(1) Season: April 2–May 31—That
portion of Game Management Unit 16(B)
south of the Skwentna River and west
of the Yentna River, and August 1–31—
That portion of Game Management Unit
16(B) south of the Beluga River, Beluga
Lake, and the Triumvirate Glacier.
(2) Closure: June 1–July 31.
(l) Southeast Alaska. (1) Community
of Hoonah (Harvest area: National Forest
lands in Icy Strait and Cross Sound,
including Middle Pass Rock near the
Inian Islands, Table Rock in Cross
Sound, and other traditional locations
on the coast of Yakobi Island. The land
and waters of Glacier Bay National Park

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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 and including Dry Bay):
(i) Season: glaucous-winged gull egg
gathering: May 15–June 30.
(ii) Closure: July 1–August 31.
3. Amend subpart D by adding § 92.32
to read as follows:

■

§ 92.32 Emergency regulations to protect
Steller’s eiders.

Upon finding that continuation of
these subsistence regulations would
pose an imminent threat to the
conservation of threatened Steller’s
eiders (Polysticta stelleri), the U.S. Fish
and Wildlife Service Alaska Regional
Director, in consultation with the Comanagement Council, will immediately
under § 92.21 take action as is necessary
to prevent further take. Regulation
changes implemented could range from
a temporary closure of duck hunting in
a small geographic area to large-scale
regional or statewide long-term closures
of all subsistence migratory bird
hunting. These closures or temporary
suspensions will remain in effect until
the Regional Director, in consultation
with the Co-management Council,
determines that the potential for
additional Steller’s eiders to be taken no
longer exists.
Dated: March 27, 2019.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and
Wildlife Service, Exercising the Authority of
the Director for the U.S. Fish and Wildlife
Service.
[FR Doc. 2019–06585 Filed 4–1–19; 4:15 pm]
BILLING CODE 4333–15–P

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180831813–9170–02]
RIN 0648–XG935

Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 610 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:

NMFS is prohibiting directed
fishing for pollock in Statistical Area
610 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the B season allowance of the 2019 total
allowable catch of pollock for Statistical
Area 610 in the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 29, 2019,
through 1200 hours, A.l.t., May 31,
2019.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The B season allowance of the 2019
total allowable catch (TAC) of pollock in
Statistical Area 610 of the GOA is 848
metric tons (mt) as established by the
final 2019 and 2020 harvest
specifications for groundfish in the GOA
(84 FR 9416, March 14, 2019). In
accordance with § 679.20(a)(5)(iv)(B),
the Regional Administrator hereby
increases the B seasonal apportionment
for Statistical Area 610 by 54 mt to
account for the underharvest of the TAC
in Statistical Area 630 in the A season.
This increase is in proportion to the
estimated pollock biomass and is not
greater than 20 percent of the B seasonal
apportionment of the TAC in Statistical
Area 610. Therefore, the revised B
seasonal apportionment of pollock TAC
in Statistical Area 610 is 902 mt (848 mt
plus 54 mt).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
SUMMARY:

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