[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77005-77007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31359]
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DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R7-SM-2012-N248;FXFR13350700640-134-FF07J00000]
Subsistence Management Program for Public Lands in Alaska; Rural
Determination Process
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
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SUMMARY: Federal subsistence regulations require that the rural or
nonrural status of communities or areas be reviewed every 10 years. In
2009, the Secretary of the Interior initiated a review of the Federal
Subsistence Management Program. An ensuing directive was for the
Federal Subsistence Board (Board) to review its process for determining
the rural and nonrural status of communities. As a result, the Board
has initiated a review of the rural determination process and is
requesting comments from the public. These comments will be used by the
Board, coordinating with the Secretaries of the Interior and
Agriculture, to assist in making decisions regarding the scope and
nature of possible changes to improve the rural determination process.
DATES: Comments: Comments on this notice must be received or postmarked
by November 1, 2013.
Public meetings: The Federal Subsistence Regional Advisory Councils
will hold public meetings to receive comments and make recommendations
to the Federal Subsistence Board on this notice on several dates
between August 19 and October 30, 2013. See Public Meetings under
SUPPLEMENTARY INFORMATION for specific information on dates and
locations of the public meetings.
ADDRESSES: Comments: Comments on this notice must be received or
postmarked by November 1, 2013. You may submit comments by one of the
following methods:
Electronically: Comments addressing this notice may be
sent to subsistence@fws.gov.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the
Designated Federal Official attending any of the Federal Subsistence
Regional Advisory Council public meetings.
Comments received will be available for public review during public
meetings held by the Board on this issue. This generally means that any
personal information you provide us will be available during public
review.
Public meetings: See SUPPLEMENTARY INFORMATION for specific
information on dates and locations of the public meetings. If the Board
decides additional meetings are required, public announcements will be
made that provide meeting dates and locations.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786-3888; or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Regional Subsistence Program Leader, USDA, Forest Service,
Alaska Region; (907) 743-9461; or skessler@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. This Program provides a
priority for taking of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The Secretaries published
temporary regulations to implement this Program in the Federal Register
on June 29, 1990 (55 FR 27114), and final regulations in the Federal
Register on May 29, 1992 (57 FR 22940). The Secretaries have amended
these regulations a number of times. Because this Program is a joint
effort between Interior and Agriculture, these regulations are located
in two titles of the Code of Federal Regulations (CFR): Title 36,
``Parks, Forests, and Public Property,'' and Title 50, ``Wildlife and
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively. The
regulations contain the following subparts: Subpart A, General
Provisions; Subpart B, Program Structure; Subpart C, Board
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
Federal Subsistence Board
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board comprises:
A Chair, appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
The Alaska Regional Director, U.S. Fish and Wildlife
Service;
The Alaska Regional Director, U.S. National Park Service;
The Alaska State Director, U.S. Bureau of Land Management;
The Alaska Regional Director, U.S. Bureau of Indian
Affairs;
The Alaska Regional Forester, U.S. Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D, which, among other
things, set forth program eligibility and specific harvest seasons and
limits.
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Federal Subsistence Regional Advisory Council. The Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Council members represent varied geographical, cultural, and user
interests within each region.
Public Meetings
The Federal Subsistence Regional Advisory Councils have a
substantial role in reviewing subsistence issues and making
recommendations to the Board. The Federal Subsistence Board, through
the Councils, will hold public meetings to accept comments on this
notice during the fall meeting cycle. You may present comments on this
notice during those meetings at the following locations in Alaska, on
the following dates:
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Region 1--Southeast Regional Council.. Petersburg......................... September 24, 2013.
Region 2--Southcentral Regional Copper Center...................... October 2, 2013.
Council.
Region 3--Kodiak/Aleutians Regional Cold Bay........................... September 24, 2013.
Council.
Region 4--Bristol Bay Regional Council Dillingham......................... October 29, 2013.
Region 5--Yukon-Kuskokwim Delta St. Marys.......................... September 25, 2013.
Regional Council.
Region 6--Western Interior Regional Fairbanks.......................... October 8, 2013.
Council.
Region 7--Seward Peninsula Regional Nome............................... October 8, 2013.
Council.
Region 8--Northwest Arctic Regional Kiana.............................. August 21, 2013.
Council.
Region 9--Eastern Interior Regional Fairbanks.......................... October 16, 2013.
Council.
Region 10--North Slope Regional Barrow............................. August 19, 2013.
Council.
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A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers, and on the Web at http://alaska.fws.gov/asm/index.cfml, prior to these meetings. Locations and
dates may change based on weather or local circumstances.
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government relationship that exists
between the Federal Government and Federally Recognized Indian Tribes
(Tribes) as listed in 75 FR 60810 (October 1, 2010). Consultation with
Alaska Native corporations is based on Public Law 108-199, div. H, Sec.
161, Jan. 23, 2004, 118 Stat. 452, as amended by Public Law 108-447,
div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides
that: ``The Director of the Office of Management and Budget and all
Federal agencies shall hereafter consult with Alaska Native
corporations on the same basis as Indian tribes under Executive Order
No. 13175.''
The Alaska National Interest Lands Conservation Act, Title VIII (16
U.S.C. 3111-3126), does not provide specific rights to Tribes for the
subsistence taking of wildlife, fish, and shellfish. However, because
tribal members and Alaska Native corporations are affected by
subsistence regulations, the Secretaries, through the Board, will
provide Federally recognized Tribes and Alaska Native corporations an
opportunity to consult. The Board provides a variety of opportunities
for consultation: engaging in dialogue at the Council meetings;
engaging in dialogue at the Board's meetings; and providing input in
person, or by mail, email, or phone at any time during the comment
period.
The Board will engage in outreach efforts for this notice,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board will commit to efficiently and adequately
providing an opportunity to Tribes and Alaska Native corporations to
prior to the adoption of any changes in policy or regulation concerning
the rural determination process.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and endeavor to address their
concerns.
Purpose of This Notice
In accordance with Sec. --.10(d)(4)(ii), one of the
responsibilities given to the Federal Subsistence Board is to determine
which communities or areas of the State are rural or nonrural. Only
residents of areas identified as rural are eligible to participate in
the Federal Subsistence Management Program on Federal public lands in
Alaska.
The Board determines if a community or area is rural in accordance
with established guidelines set forth in Sec. --.15(a). The Board
reviews rural determinations on a 10-year cycle and may review
determinations out-of-cycle in special circumstances. The Board
conducts rulemaking to determine if the list at Sec. --.23(a), which
defines the rural/nonrural status of communities and/or areas, needs
revision. Residents would have five years to comply with a rural to
nonrural change. A change from nonrural to rural would be effective 30
days after publication of the rule.
On May 7, 2007, the Board published a final rule, ``Subsistence
Management Regulations for Public Lands in Alaska, Subpart C; Nonrural
Determinations'' (72 FR 25688). This rule revised the list of nonrural
areas identified by the Board. The Board changed Adak's status to
rural, added Prudhoe Bay to the list of nonrural areas, and adjusted
the boundaries of the following nonrural areas: the Kenai Area; the
Wasilla/Palmer Area, including Point McKenzie; the Homer Area,
including Fritz Creek East (except Voznesenka) and the North Fork Road
area; and the Ketchikan Area, including Saxman and portions of Gravina
Island. The effective date was June 6, 2007, with a 5-year compliance
date of May 7, 2012.
On October 23, 2009, Secretary of the Interior Salazar announced
the initiation of a Departmental review of the Federal Subsistence
Management Program in Alaska; Secretary of Agriculture Vilsack later
concurred with this course of action. The review focused on how the
Program is meeting the purposes and subsistence provisions of Title
VIII of ANILCA, and how the Program is serving rural subsistence users
as envisioned when it began in the early 1990s.
On August 31, 2010, the Secretaries announced the findings of the
review, which included several proposed administrative and regulatory
reviews and/or revisions to strengthen the Program and make it more
responsive to those who rely on it for their subsistence uses. One
proposal called for a review, with Council input, of the rural and
nonrural determination process and, if needed, recommendations for
regulatory changes.
On January 20, 2012, the Board met to consider the Secretarial
directive, consider the Council's recommendations, and review all
public, Tribal, and Native Corporation comments on the initial review
of the rural determinations process. After discussion and careful
review, the Board voted unanimously to initiate a review of the rural
determination process and the 2010 decennial review. Consequently,
based on that action, the Board found that it was in the public's best
interest to extend the compliance date of its 2007 final rule (72 FR
25688; May 7, 2007) on rural and nonrural determinations until after
the review of the rural determination process and decennial review are
complete or in 5 years, whichever comes first. The Board has already
published a final rule (77 FR 12477; March 1, 2012) extending the
compliance date.
Request for Input
To comply with the Secretarial directives and the Federal
subsistence regulations, the Federal Subsistence Board is proceeding
with a review of the rural determination process. As part of the
Secretaries' commitment to open
[[Page 77007]]
government and in accordance with Executive Order 13563, the Board
requests input from the public on the rural determination process and
regulations, and ways to improve them for the benefit of rural
Alaskans.
The Board has identified the following components in the process
for review: Population thresholds, rural characteristics, aggregation
of communities, timelines, and information sources. We describe these
components below and include questions for public consideration and
comment.
Population thresholds. The Federal Subsistence Board currently uses
several guidelines to determine whether a specific area of Alaska is
rural. One guideline sets population thresholds. A community or area
with a population below 2,500 will be considered rural. A community or
area with a population between 2,500 and 7,000 will be considered rural
or nonrural, based on community characteristics and criteria used to
group communities together. Communities with populations more than
7,000 will be considered nonrural, unless such communities possess
significant characteristics of a rural nature. In 2008, the Board
recommended to the Secretaries that the upper population threshold be
changed to 11,000. The Secretaries have taken no action on this
recommendation.
(1) Are these population threshold guidelines useful for
determining whether a specific area of Alaska is rural?
(2) If they are not, please provide population size(s) to
distinguish between rural and nonrural areas, and the reasons for the
population size you believe more accurately reflects rural and nonrural
areas in Alaska.
Rural characteristics. The Board recognizes that population alone
is not the only indicator of rural or nonrural status. Other
characteristics the Board considers include, but are not limited to,
the following: Use of fish and wildlife; development and diversity of
the economy; community infrastructure; transportation; and educational
institutions.
(3) Are these characteristics useful for determining whether a
specific area of Alaska is rural?
(4) If they are not, please provide a list of characteristics that
better define or enhance rural and nonrural status.
Aggregation of communities. The Board recognizes that communities
and areas of Alaska are connected in diverse ways. Communities that are
economically, socially, and communally integrated are considered in the
aggregate in determining rural and nonrural status. The aggregation
criteria are as follows: Do 30 percent or more of the working people
commute from one community to another; do they share a common high
school attendance area; and are the communities in proximity and road-
accessible to one another?
(5) Are these aggregation criteria useful in determining rural and
nonrural status?
(6) If they are not, please provide a list of criteria that better
specify how communities may be integrated economically, socially, and
communally for the purposes of determining rural and nonrural status.
Timelines. The Board reviews rural determinations on a 10-year
cycle, and out of cycle in special circumstances.
(7) Should the Board review rural determinations on a 10-year
cycle? If so, why; if not, why not?
Information sources. Current regulations state that population data
from the most recent census conducted by the U.S. Census Bureau, as
updated by the Alaska Department of Labor, shall be utilized in the
rural determination process. The information collected and the reports
generated during the decennial census vary between each census; as
such, data used during the Board's rural determination may vary.
(8) These information sources as stated in regulations will
continue to be the foundation of data used for rural determinations. Do
you have any additional sources you think would be beneficial to use?
(9) In addition to the preceding questions, do you have any
additional comments on how to make the rural determination process more
effective?
This notice announces to the public, including rural Alaska
residents, Federally recognized Tribes of Alaska, and Alaska Native
corporations, the request for comments on the Federal Subsistence
Program's rural determination process. These comments will be used by
the Board to assist in making decisions regarding the scope and nature
of possible changes to improve the rural determination process, which
may include, where the Board has authority, proposed regulatory
action(s) or in areas where the Secretaries maintain purview,
recommended courses of action.
Dated: December 5, 2012.
Peter J. Probasco,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting
Chair, Federal Subsistence Board.
Dated: December 6, 2012.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2012-31359 Filed 12-28-12; 8:45 am]
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