Migratory Bird Subsistence Harvest in Alaska; Use of Inedible Bird Parts in Authentic Alaska Native Handicrafts for Sale, 39618-39623 [2016-14411]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Proposed Rules]
[Pages 39618-39623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14411]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 92

[Docket No. FWS-R7-MB-2015-0172; FF09M21200-1657-FXMB1231099BPP0]
RIN 1018-BB24


Migratory Bird Subsistence Harvest in Alaska; Use of Inedible 
Bird Parts in Authentic Alaska Native Handicrafts for Sale

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is 
proposing changes to the permanent subsistence migratory bird harvest 
regulations in Alaska. These regulations would enable Alaska Natives to 
sell authentic native articles of handicraft or clothing that contain 
inedible byproducts from migratory birds that were taken for food 
during the Alaska migratory bird subsistence harvest season. These 
proposed regulations were developed under a co-management process 
involving the Service, the Alaska Department of Fish and Game, and 
Alaska Native representatives.

DATES: We will accept comments received or postmarked on or before 
August 16, 2016. We must receive requests for public hearings, in 
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by 
August 1, 2016. Comments on the information collection aspects of this 
proposed rule must be received on or before July 18, 2016.

ADDRESSES: Comments on the Proposed Rule. You may submit comments by 
one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R7-
MB-2015-0172.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R7-MB-2015-0172; Division of Policy, 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 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comment Procedures 
section, below, for more information).
    Comments on the Information Collection Aspects of the Proposed 
Rule: You may review the Information Collection Request online at 
https://www.reginfo.gov. Follow the instructions to review Department of 
the Interior collections under review by OMB. Send comments (identified 
by 1018-BB24) specific to the information collection aspects of this 
proposed rule to both the:
     Desk Officer for the Department of the Interior at OMB-
OIRA at (202) 295-5806 (fax) or OIRA_Submission@omb.eop.gov (email); 
and
     Service Information Collection Clearance Officer; Division 
of Policy, Performance, and Management Programs; U.S. Fish and Wildlife 
Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803 
(mail); or hope_grey@fws.gov (email).

FOR FURTHER INFORMATION CONTACT: Donna Dewhurst, U.S. Fish and Wildlife 
Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 
786-3499.

SUPPLEMENTARY INFORMATION:

Public Comment Procedures

    To ensure that any action resulting from this proposed rule will be 
as accurate and as effective as possible, we request that you send 
relevant information for our consideration. The comments that will be 
most useful and likely to influence our decisions are those that you 
support by quantitative information or studies and those that include 
citations to, and analyses of, the applicable laws and regulations. 
Please make your comments as specific as possible and explain the basis 
for them. In addition, please include sufficient information with your 
comments to allow us to authenticate any scientific or commercial data 
you include.
    You must submit your comments and materials concerning this 
proposed rule by one of the methods listed above in 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 https://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 
Web site. When you submit a comment, the system receives it 
immediately.

[[Page 39619]]

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 
https://www.regulations.gov.
    In addition, comments and materials we receive, as well as 
supporting documentation used in preparing this proposed rule, will be 
available for public inspection in two ways:
    (1) You can view them on https://www.regulations.gov. Search for 
FWS-R7-MB-2015-0172, 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.

Background

    We propose changes to the permanent migratory bird subsistence 
harvest regulations in Alaska. This proposal was developed under a co-
management process involving the Service, the Alaska Department of Fish 
and Game, and Alaska Native representatives.
    The Alaska Migratory Bird Co-management Council (Co-management 
Council) held meetings on April 8-9, 2015, to develop recommendations 
for changes that would take effect starting during the 2016 harvest 
season. Changes were recommended for the permanent regulations in 
subpart A of 50 CFR part 92 to allow sale of handicrafts that contain 
the inedible parts of birds taken for food during the Alaska spring and 
summer migratory bird subsistence harvest. These recommended changes 
were presented first to the Pacific Flyway Council and then to the 
Service Regulations Committee (SRC) for approval at the committee's 
meeting on July 31, 2015.

This Proposed Rule

    The regulations at title 50 of the Code of Federal Regulations 
(CFR) at section 92.6 (50 CFR 92.6) currently state, ``You may not 
sell, offer for sale, purchase, or offer to purchase migratory birds, 
their parts, or their egg(s) taken under [the migratory bird 
subsistence harvest in Alaska regulations at 50 CFR part 92].'' This 
rulemaking proposes regulations that would enable Alaska Natives to 
sell authentic native articles of handicraft or clothing that contain 
inedible byproducts from migratory birds that were taken for food 
during the Alaska migratory bird subsistence harvest season.
    Specifically, in Sec.  92.4, we propose to add definitions for 
``Authentic Native article of handicraft or clothing,'' ``Migratory 
birds authorized for use in handicrafts or clothing,'' and ``Sales by 
consignment.'' We propose to add these definitions to explain the terms 
we use in our proposed changes to Sec.  92.6, which are explained 
below.
    Also under subpart A, we propose to add a provision to Sec.  92.6 
to allow sale of handicrafts that contain the inedible parts of birds 
taken for food during the Alaska spring and summer migratory bird 
subsistence harvest. A request was made by Alaska Native artisans in 
Kodiak to use the inedible parts, primarily feathers, from birds taken 
for food during the subsistence hunt, and incorporate them into 
handicrafts for sale. New proposed regulations were developed in a 
process involving a committee comprised of Alaska Native 
representatives from Yukon-Kuskokwim Delta, Bering Straits, North 
Slope, Kodiak, Bristol Bay, Gulf of Alaska, Aleutian-Pribilof Islands, 
and Northwest Arctic; representatives from the Alaska Department of 
Fish and Game; and Service personnel. The biggest challenge was 
developing a list of migratory birds that could be used in handicrafts. 
This required cross-referencing restricted species listed in the 
various international migratory bird treaties. Recognizing that the 
Japan Treaty was the most restrictive, the committee compiled a list of 
27 species of migratory birds from which inedible parts could be used 
in handicrafts for sale. The proposed regulations would allow the 
limited sale by Alaska Natives of handicrafts made using migratory bird 
parts, including consignment sales. Requiring the artist's tribal 
certification or Silver Hand insignia would limit counterfeiting of 
handicrafts.

Who would be eligible to sell handicrafts containing migratory bird 
parts under these regulations?

    Under Article II(4)(b) of the Protocol between the United States 
and Canada amending the 1916 Convention for the Protection of Migratory 
Birds in Canada and the United States, only Alaska Natives would be 
eligible to sell handicrafts that contain the inedible parts of birds 
taken for food during the Alaska spring and summer migratory bird 
subsistence harvest. The Protocol also dictates that sales would be 
under a strictly limited situation. Eligibility would be shown by a 
Tribal Enrollment Card, Bureau of Indian Affairs card, or membership in 
the Silver Hand program. The State of Alaska Silver Hand program helps 
Alaska Native artists promote their work in the marketplace and enables 
consumers to identify and purchase authentic Alaska Native art. The 
insignia indicates that the artwork on which it appears is created by 
hand in Alaska by an individual Alaska Native artist. Only original 
contemporary and traditional Alaska Native artwork, not reproductions 
or manufactured work, may be identified and marketed with the Silver 
Hand insignia. To be eligible for a 2-year Silver Hand permit, an 
Alaska Native artist must be a full time resident of Alaska, be at 
least 18 years old, and provide documentation of membership in a 
federally recognized Alaska Native tribe. The Silver Hand insignia may 
only be attached to original work that is produced in the State of 
Alaska.

How will the service ensure that this proposal would not raise overall 
migratory bird harvest or threaten the conservation of endangered and 
threatened species?

    Under this proposal, Alaska Natives would be permitted to only sell 
authentic native articles of handicraft or clothing that contain an 
inedible byproduct of migratory birds that were taken for food during 
the Alaska migratory bird subsistence harvest season. Harvest and 
possession of these migratory birds must be conducted using nonwasteful 
taking.
    Under this proposal, handicrafts may contain inedible byproducts 
from only bird species listed at Sec.  92.6(b)(1) that were taken for 
food during the Alaska migratory bird subsistence harvest season. This 
list of 27 migratory bird species came from cross-referencing 
restricted (from sale) species listed in the Treaties with Russia, 
Canada,

[[Page 39620]]

Mexico, and Japan with those allowed to be taken in the subsistence 
harvest. The migratory bird treaty with Japan was the most restrictive 
and thus dictated the subsistence harvest species from which inedible 
parts could be used in handicrafts for sale. In addition, all sales and 
transportation of sold items would be restricted to within the United 
States (including territories), until an import/export permit system 
can be established.
    We have monitored subsistence harvest for over 25 years through the 
use of household surveys in the most heavily used subsistence harvest 
areas, such as the Yukon-Kuskokwim Delta. In recent years, more 
intensive harvest surveys combined with outreach efforts focused on 
species identification have been added to improve the accuracy of 
information gathered.

Spectacled and Steller's Eiders

    Spectacled eiders (Somateria fischeri) and the Alaska-breeding 
population of Steller's eiders (Polysticta stelleri) are listed as 
threatened species. Their migration and breeding distribution overlap 
with areas where the spring and summer subsistence migratory bird hunt 
is open in Alaska. Both species are closed to all forms of subsistence 
harvest and thus would not be authorized to have their inedible parts 
used to make handicrafts for sale.

Endangered Species Act Consideration

    Section 7 of the Endangered Species Act (16 U.S.C. 1536) requires 
the Secretary of the Interior to ``review other programs administered 
by him and utilize such programs in furtherance of the purposes of the 
Act'' and to ``insure that any action authorized, funded, or carried 
out * * * is not likely to jeopardize the continued existence of any 
endangered species or threatened species or result in the destruction 
or adverse modification of [critical] habitat. * * *'' We conducted an 
intra-agency consultation with the Service's Fairbanks Fish and 
Wildlife Field Office on this proposed action as it would be managed in 
accordance with this proposed rule and the conservation measures. The 
consultation was completed with a Letter of Concurrence on a not likely 
to adversely affect determination for spectacled and Steller's eiders 
on handicraft sales dated December 29, 2015.

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.''
    Article II(4)(b) of the Protocol between the United States and 
Canada amending the 1916 Convention for the Protection of Migratory 
Birds in Canada and the United States provides a legal basis for Alaska 
Natives to be able sell handicrafts that contain the inedible parts of 
birds taken for food during the Alaska spring and summer migratory bird 
subsistence harvest. The Protocol also dictates that sales would be 
under a strictly limited situation pursuant to a regulation by a 
competent authority in cooperation with management bodies. The Protocol 
does not authorize the taking of migratory birds for commercial 
purposes.

Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. The OIRA 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this proposed rule in a manner 
consistent with these requirements.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)), 
whenever a Federal agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rulemaking on small entities (i.e., small businesses, 
small organizations, and small government jurisdictions) (5 U.S.C. 601 
et seq.). However, no regulatory flexibility analysis is required if 
the head of an agency certifies that the rule would not have a 
significant economic impact on a substantial number of small entities. 
Thus, for a regulatory flexibility analysis to be required, impacts 
must exceed a threshold for ``significant impact'' and a threshold for 
a ``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would impact Alaska Natives selling authentic 
native articles of handicraft or clothing such as headdresses, native 
masks, and earrings. We estimate that the majority of Alaska natives 
selling authentic native articles of handicraft or clothing would be 
small businesses. Alaska Native small businesses within the 
manufacturing industry, such as Pottery, Ceramics, and Plumbing Fixture 
Manufacturing (NAICS 327110 small businesses have <750 employees), 
Leather and Hide Tanning and Finishing (NAICS 316110), Jewelry and 
Silverware Manufacturing (NAICS 339910 small businesses have <500 
employees), and all other Miscellaneous Wood Product Manufacturing 
(NAICS 321999 small businesses have <500 employees), may benefit from 
some increased revenues generated by additional sales. We expect that 
additional sales or revenue would be generated by Alaska Native small 
businesses embellishing or adding feathers to some of the existing 
handicrafts, which may slightly increase profit. The number of small 
businesses potentially impacted can be estimated by using data from the 
Alaska State Council of the Arts, which reviews Silver Hand permits. 
Currently, there are about 1,800 Silver Hand permit holders, of which 
less than 1 percent sell more than 100 items annually, and they 
represent a small number of businesses within the manufacturing 
industry. Due to the small number of small businesses impacted and the 
small increase in overall revenue anticipated from this proposed rule, 
it is unlikely that a substantial number of small entities would have 
more than a small economic effect (benefit).

[[Page 39621]]

Therefore, we certify that this rule would not have a significant 
economic effect on a substantial number of small entities as defined 
under the Regulatory Flexibility Act. An initial/final regulatory 
flexibility analysis is not required. Accordingly, a Small Entity 
Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This proposed rule:
    1. Would not have an annual effect on the economy of $100 million 
or more. It would legalize and regulate a traditional subsistence 
activity. Alaska Native tribes would have a small economic benefit 
through being allowed to incorporate inedible bird parts into their 
authentic handicrafts or handmade clothing and to sell the products. 
However, the birds must have been harvested for food as part of the 
existing subsistence hunt, and only a limited list of 27 species could 
be used. The intent is to allow limited benefits from salvage of the 
inedible parts, not to provide an incentive for increasing the harvest. 
It should not result in a substantial increase in subsistence harvest 
or a significant change in harvesting patterns. The commodities that 
would be regulated under this proposed rule are inedible parts of 
migratory birds taken for food under the subsistence harvest, and 
incorporated into handicrafts. Most, if not all, businesses that would 
sell the authentic Alaska Native handicrafts would qualify as small 
businesses. We have no reason to believe that this proposed rule would 
lead to a disproportionate distribution of benefits.
    2. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. This proposed rule does deal with the 
sale of authentic Alaska Native handicrafts, but should not have any 
impact on prices for consumers.
    3. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
proposed rule does not regulate the marketplace in any way to generate 
substantial effects on the economy or the ability of businesses to 
compete.

Unfunded Mandates Reform Act

    We have determined and certified under the Unfunded Mandates Reform 
Act (2 U.S.C. 1501 et seq.) that this proposed rule would not impose a 
cost of $100 million or more in any given year on local, State, or 
tribal governments or private entities. The proposed rule does not have 
a significant or unique effect on State, local, or tribal governments 
or the private sector. A statement containing the information required 
by the Unfunded Mandates Reform Act is not required. Participation on 
regional management bodies and the Co-management 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 Co-management Council and 
regional management body meetings. In addition, the State of Alaska 
will be required to provide technical staff support to each of the 
regional management bodies and to the Co-management 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 proposed rule 
would not have significant takings implications. This proposed rule is 
not specific to particular land ownership, but applies to the use of 
the inedible parts of 27 migratory bird species in authentic Alaska 
Native handicrafts. A takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in Executive Order 13132, this proposed rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. We discuss 
effects of this proposed rule on the State of Alaska under Unfunded 
Mandates Reform Act, above. We worked with the State of Alaska to 
develop these proposed regulations. Therefore, a federalism summary 
impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    The Department, in promulgating this proposed 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

    Consistent with Executive Order 13175 (65 FR 67249; November 6, 
2000), ``Consultation and Coordination with Indian Tribal 
Governments,'' and Department of Interior policy on Consultation with 
Indian Tribes (December 1, 2011), we will send letters to all 229 
Alaska Federally recognized Indian tribes. Consistent with 
Congressional direction (Pub. L. 108-199, div. H, Sec. 161, Jan. 23, 
2004, 118 Stat. 452; as amended by Pub. L. 108-447, div. H, title V, 
Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we will be sending letters to 
approximately 200 Alaska Native corporations and other tribal entities 
in Alaska soliciting their input as to whether or not they would like 
the Service to consult with them on this handicraft sales proposed 
rule.
    We implemented the amended treaty with Canada with a focus on local 
involvement. The treaty calls for the creation of management bodies to 
ensure an effective and meaningful role for Alaska's indigenous 
inhabitants in the conservation of migratory birds. According to the 
Letter of Submittal, management bodies are to include Alaska Native, 
Federal, and State of Alaska representatives as equals. They develop 
recommendations for, among other things: Seasons and bag limits, 
methods and means of take, law enforcement policies, population and 
harvest monitoring, education programs, research and use of traditional 
knowledge, and habitat protection. The management bodies involve 
village councils to the maximum extent possible in all aspects of 
management. To ensure maximum input at the village level, we required 
each of the 11 participating regions to create regional management 
bodies consisting of at least one representative from the participating 
villages. The regional management bodies meet twice annually to review 
and/or submit proposals to the Statewide body.

Paperwork Reduction Act of 1995 (PRA)

    This proposed rule contains a collection of information that we 
have submitted to the Office of Management and Budget (OMB) for review 
and

[[Page 39622]]

approval under the PRA (44 U.S.C. 3501 et seq.). 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. 
OMB has reviewed and approved our collection of information associated 
with:
     Voluntary annual household surveys that we use to 
determine levels of subsistence take (OMB Control Number 1018-0124).
     Permits associated with subsistence hunting (OMB Control 
Number 1018-0075).
    This proposed rule requires that a certification (FWS Form 3-XXXX) 
or a Silver Hand insignia accompany each Alaska Native article of 
handicraft or clothing that contains inedible migratory bird parts. It 
also requires that all consignees, sellers, and purchasers retain this 
documentation with each item and produce it upon the request of a Law 
Enforcement Officer. We have reviewed FWS Form 3-XXXX and determined 
that it is a simple certification, which is not subject to the PRA. We 
are requesting that OMB approve the recordkeeping requirement to retain 
the certification or Silver Hand insignia with each item and the 
requirement that artists and sellers/consignees provide the 
documentation to buyers.
    Title: Alaska Native Handicrafts, 50 CFR 92.6.
    OMB Control Number: 1018-XXXX.
    Service Form Number(s): None.
    Type of Request: Request for a new OMB control number.
    Description of Respondents: Individuals and businesses.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: Ongoing.
    Estimated Number of Respondents: 8,749 (7,749 buyers and 1,000 
artists, sellers, and consignees).
    Estimated Number of Annual Responses: 18,081.
    Estimated Completion Time per Response: 5 minutes.
    Estimated Total Annual Burden Hours: 1,507 hours.
    Estimated Total Nonhour Burden Cost: None.
    Because this is a new program, it is impossible to precisely 
estimate the number of artwork pieces including feathers of migratory 
birds that will be commercialized per year. To estimate burden 
associated with this information collection, we based estimates for the 
number of responses and completion time per response on following 
information and related reasonable assumptions. We calculated the 
number of responses based on an estimate of the number of art pieces 
produced per year. The number of art pieces produced per year was based 
on the following information provided by the Alaska State Council on 
the Arts. The Silver Hand Program currently has 205 registered 
participants. Along the 40 years of existence of the program, a total 
of 1,800 participants have been registered. Registrations are valid for 
a 3-year period, after which participants need to renew their permit. 
Silver Hand insignia or tags can only be attached to an original 
article of authentic Alaska Native art that has been made entirely by 
the artist and within the State of Alaska. Silver Hand participants are 
eligible for 100 tags per year. Participants may request additional 
tags if needed. Among Silver Hand participants, less than 1 percent has 
requested additional tags (information provided by the Alaska State 
Council on the Arts (https://education.alaska.gov/aksca/native.html, in 
February 2016)). We assumed that:
    1. Each of 205 Silver Hand participants uses 70 tags per year 
(about 6 art pieces per month per artist, or 14,350 pieces per year 
Alaska-wide). For purposes of this collection, we assumed that artists 
who do not participate in the Silver Hand program produce the same 
number of pieces per year, for a total of 28,700 pieces Alaska-wide.
    2. One third of all pieces produced include migratory bird feathers 
(9,567 pieces including feathers per year Alaska-wide).
    3. Ten percent of all pieces including migratory bird feathers were 
eventually not commercialized (8,610 pieces commercialized per year). 
Ten percent of commercialized pieces were not sold (7,749 pieces sold).
    4. Two-thirds of all pieces were sold directly by artists to 
buyers. This implies that one third of all pieces were sold by sellers 
or consignees (2,583);
    5. Respondents (consignees, sellers, and buyers) spend 5 minutes to 
handle and archive each piece's documentation.

----------------------------------------------------------------------------------------------------------------
                                                                                    Completion       Estimated
                                                                     Estimated       time per        number of
                           Requirement                               number of       response     annual  burden
                                                                     responses       (minutes)         hours
----------------------------------------------------------------------------------------------------------------
Third Party Disclosure. Artists--provide certification/Silver             10,332               5             861
 Hand tag for each item. Sellers/Consignees--provide
 documentation to buyers........................................
Buyers--retain documentation....................................           7,749               5             646
                                                                 -----------------------------------------------
    Totals......................................................          18,081  ..............           1,507
----------------------------------------------------------------------------------------------------------------

    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies to comment on 
any aspect of this information collection, including:
    1. Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
    2. The accuracy of our estimate of the burden for this collection 
of information;
    3. Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    4. Ways to minimize the burden of the collection of information on 
respondents.
    If you wish to comment on the information collection requirements 
of this proposed rule, send your comments directly to OMB (see detailed 
instructions under the heading Comments on the Information Collection 
Aspects of the Proposed Rule in ADDRESSES). Please identify your 
comments with 1018-BB24. Provide a copy of your comments to the Service 
Information Collection Clearance Officer (see detailed instructions 
under the heading Comments on the Information Collection Aspects of the 
Proposed Rule in ADDRESSES).

National Environmental Policy Act Consideration (42 U.S.C. 4321 et 
seq.)

    These proposed regulations are examined in a February 2016 
environmental assessment, ``Migratory Bird Subsistence Harvest in 
Alaska: Allow Use of Inedible Bird Parts in Authentic Alaska Native 
Handicrafts for Sale,'' dated February 18, 2016. Copies are available 
from the person listed under FOR FURTHER INFORMATION

[[Page 39623]]

CONTACT or at https://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. Further, this 
proposed 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.

Proposed Regulation Promulgation

    For the reasons set out in the preamble, we propose to amend title 
50, chapter I, subchapter G, of the Code of Federal Regulations as 
follows:

PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA

0
1. The authority citation for part 92 continues to read as follows:

    Authority:  16 U.S.C. 703-712.

0
2. Amend Sec.  92.4 by adding, in alphabetical order, definitions for 
``Authentic Native article of handicraft or clothing'', ``Migratory 
birds authorized for use in handicrafts or clothing'', and ``Sale by 
consignment'' to read as follows:


Sec.  92.4  Definitions.

* * * * *
    Authentic Native article of handicraft or clothing means any item 
created by an Alaska Native to which inedible parts of migratory birds 
authorized for use in handicrafts or clothing are incorporated and 
which is fashioned by hand, or with limited use of machines, provided 
no mass production occurs.
* * * * *
    Migratory birds authorized for use in handicrafts or clothing means 
the species of birds listed at 50 CFR 92.6(b) which were taken for food 
in a nonwasteful manner during the Alaska subsistence harvest season by 
an eligible person of an included area.
* * * * *
    Sale by consignment means that an Alaska Native sends or supplies 
an authentic Native article of handicraft or clothing to a person 
(Alaska Native or non-Alaska Native) who sells the item for the Alaska 
Native. The Alaska Native retains ownership of the item and will 
receive money for the item when it is sold.
* * * * *
0
3. Revise Sec.  92.6 to read as follows:


Sec.  92.6  Use and possession of migratory birds.

    You may not sell, offer for sale, purchase, or offer to purchase 
migratory birds, their parts, or their eggs taken under this part, 
except as provided in this section.
    (a) Giving and receiving migratory birds. Under this part, you may 
take migratory birds for human consumption only. Harvest and possession 
of migratory birds must be conducted using nonwasteful taking. Edible 
meat of migratory birds may be given to immediate family members by 
eligible persons. Inedible byproducts of migratory birds taken for food 
may be used for other purposes, except that taxidermy is prohibited, 
and these byproducts may only be given to other eligible persons or 
Alaska Natives.
    (b) Authentic native articles of handicraft or clothing. (1) Under 
this section, authentic native articles of handicraft or clothing may 
be produced for sale only from the following bird species:
    (i) Tundra swan (Cygnus columbianus).
    (ii) Blue-winged teal (Anas discors).
    (iii) Redhead (Aythya americana).
    (iv) Ring-necked duck (Aythya collaris).
    (v) Greater scaup (Aythya marila).
    (vi) Lesser scaup (Aythya affinis).
    (vii) King eider (Somateria spectabilis).
    (viii) Common eider (Somateria mollissima).
    (ix) Surf scoter (Melanitta perspicillata).
    (x) White-winged scoter (Melanitta fusca).
    (xi) Barrow's goldeneye (Bucephala islandica).
    (xii) Hooded merganser (Lophodytes cucullatus).
    (xiii) Pacific loon (Gavia pacifica).
    (xiv) Common loon (Gavia immer).
    (xv) Double-crested cormorant (Phalacrocorax auritus).
    (xvi) Black oystercatcher (Haematopus bachmani).
    (xvii) Lesser yellowlegs (Tringa flavipes).
    (xviii) Semipalmated sandpiper (Calidris semipalmatus).
    (xix) Western sandpiper (Calidris mauri).
    (xx) Wilson's snipe (Gallinago delicata).
    (xxi) Bonaparte's gull (Larus philadelphia).
    (xxii) Mew gull (Larus canus).
    (xxiii) Red-legged kittiwake (Rissa brevirostris).
    (xxiv) Arctic tern (Sterna paradisaea).
    (xxv) Black guillemot (Cepphus grylle).
    (xxvi) Cassin's auklet (Ptychoramphus aleuticus).
    (xxvii) Great horned owl (Bubo virginianus).
    (2) Only Alaska Natives may sell or re-sell any authentic native 
article of handicraft or clothing that contains an inedible byproduct 
of a bird listed in paragraph (b)(1) of this section that was taken for 
food during the Alaska migratory bird subsistence harvest season. 
Eligibility under this subsection can be shown by a Tribal Enrollment 
Card, Bureau of Indian Affairs card, or membership in the Silver Hand 
program. All sales and transportation of sold items are restricted to 
within the United States. Each sold item must be accompanied by either 
a certification (FWS Form 3-XXXX) signed by the artist or a Silver Hand 
insignia. Purchasers must retain this documentation and produce it upon 
the request of a law enforcement officer.
    (3) Sales by consignment are allowed. Each consigned item must be 
accompanied by either a certification (FWS Form 3-XXXX) signed by the 
artist or Silver Hand insignia. All consignees, sellers, and purchasers 
must retain this documentation with each item and produce it upon the 
request of a law enforcement officer. All consignment sales are 
restricted to within the United States.
    (4) The Office of Management and Budget reviewed and approved the 
information collection requirements contained in this part and assigned 
OMB Control No. 1018-XXXX. We use the information to monitor and 
enforce the regulations. 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. You may send comments on the 
information collection requirements to the Information Collection 
Clearance Officer, U.S. Fish and Wildlife Service, at the address 
listed at 50 CFR 2.1(b).

    Dated: May 16, 2016.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-14411 Filed 6-16-16; 8:45 am]
 BILLING CODE 4333-15-P