[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Rules and Regulations]
[Pages 68245-68248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27996]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS-R7-SM-2015-0156; FXRS12610700000-156-FF07J00000;
FBMS#4500086366]
RIN 1018-BA82
Subsistence Management Regulations for Public Lands in Alaska;
Rural Determinations, Nonrural List
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Direct final rule.
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SUMMARY: This rule revises the list of nonrural areas in Alaska
identified by the Federal Subsistence Board (Board). Only residents of
areas that are rural are eligible to participate in the Federal
Subsistence Management Program on public lands in Alaska. Based on a
Secretarial review of the rural determination process, and the
subsequent change in the regulations governing this process, the Board
is revising the current nonrural determinations to the list that
existed prior to 2007. Accordingly, the community of Saxman and the
area of Prudhoe Bay will be removed from the nonrural list. The
following areas continue to be nonrural, but their boundaries will
return to their original borders: the Kenai Area; the Wasilla/Palmer
area; the Homer area; and the Ketchikan area.
DATES: This rule is effective on December 21, 2015 unless we receive
significant adverse comments on or before December 4, 2015.
ADDRESSES: You may submit comments by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov and search for FWS-R7-SM-2015-0156, which is
the docket number for this rulemaking.
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
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr.,
Office of Subsistence Management; (907) 786-3888 or
subsistence@fws.gov. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
twhitford@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 (Program). This program provides
a preference for take of fish and wildlife resources for subsistence
uses on Federal public lands and waters in Alaska. Only residents of
areas identified as rural are eligible to participate in the Program on
Federal public lands in Alaska. 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 242.1-242.28 and 50 CFR 100.1-100.28,
respectively.
Consistent with these regulations, the Secretaries established a
Federal Subsistence Board (Board) comprising Federal officials and
public members to administer the Program. One of the Board's
responsibilities is to determine which communities or areas of the
State are rural or nonrural. The Secretaries also divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Advisory Council (Council). The Council members represent
varied geographical, cultural, and user interests within each region.
The Councils provide a forum for rural residents with personal
knowledge of local conditions and resource requirements to have a
[[Page 68246]]
meaningful role in the subsistence management of fish and wildlife on
Federal public lands in Alaska.
Related Rulemaking
Elsewhere in today's Federal Register is a final rule that sets
forth a new process by which the Board will make rural determinations
(``Subsistence Management Regulations for Public Lands in Alaska; Rural
Determination Process''). Please see that rule for background
information on how this new process was developed and the extensive
Council and public input that was considered. A summary of that
information follows:
Until promulgation of the rule mentioned above, Federal subsistence
regulations at 36 CFR 242.15 and 50 CFR 100.15 had required that the
rural or nonrural status of communities or areas be reviewed every 10
years, beginning with the availability of the 2000 census data. Some
data from the 2000 census was not compiled and available until 2005, so
the Board published a proposed rule in 2006 to revise the list of
nonrural areas recognized by the Board (71 FR 46416, August 14, 2006).
The final rule published in the Federal Register on May 7, 2007 (72 FR
25688), and changed the rural determination for several communities or
areas in Alaska. These communities had 5 years following the date of
publication to come into compliance.
The Board met on January 20, 2012, and, among other things, decided
to extend the compliance date of its 2007 final rule on rural
determinations. A final rule published March 1, 2012 (77 FR 12477),
that extended the compliance date until either the rural determination
process and findings review were completed or 5 years, whichever came
first. The 2007 regulations have remained in titles 36 and 50 of the
CFR unchanged since their effective date.
The Board followed that action with a request for comments and
announcement of public meetings (77 FR 77005; December 31, 2012) to
receive public, Tribal, and Alaska Native Corporations input on the
rural determination process. At their fall 2013 meetings, the Councils
provided a public forum to hear from residents of their regions,
deliberate on the rural determination process, and provide
recommendations for changes to the Board. The Board also held hearings
in Barrow, Ketchikan, Sitka, Kodiak, Bethel, Anchorage, Fairbanks,
Kotzebue, Nome, and Dillingham to solicit comments on the rural
determination process, and public testimony was recorded. Government-
to-government tribal consultations on the rural determination process
were held between members of the Board and Federally recognized Tribes
of Alaska. Additional consultations were held between members of the
Board and Alaska Native Corporations.
Altogether, the Board received 475 substantive comments from
various sources, including individuals, members of the Councils, and
other entities or organizations, such as Alaska Native Corporations and
borough governments. In general, this information indicated a broad
dissatisfaction with the current rural determination process.
Based on this information, the Board at their public meeting held
on April 17, 2014, elected to recommend a simplification of the process
by determining which areas or communities are nonrural in Alaska; all
other communities or areas would, therefore, be rural. The Board would
make nonrural determinations using a comprehensive approach that
considers population size and density, economic indicators, military
presence, industrial facilities, use of fish and wildlife, degree of
remoteness and isolation, and any other relevant material, including
information provided by the public. The Board would rely heavily on the
recommendations of the Councils. The Board developed a proposal that
simplifies the process of rural determinations and submitted its
recommendation to the Secretaries on August 15, 2014.
On November 24, 2014, the Secretaries requested that the Board
initiate rulemaking to pursue the regulatory changes recommended by the
Board. The Secretaries also requested that the Board obtain Council
recommendations and public input, and conduct Tribal and Alaska Native
Corporation consultation on the proposed changes.
The Departments published a proposed rule on January 28, 2015 (80
FR 4521), to revise the regulations governing the rural determination
process in subpart B of 36 CFR part 242 and 50 CFR part 100. Following
a process that involved substantial Council and public input, the
Departments published the final rule that may be found elsewhere in
today's Federal Register.
Direct Final Rule
During that process, the Board went on to address a starting point
for nonrural communities and areas. The May 7, 2007 (72 FR 25688),
final rule was justified by the Board's January 3, 1991, notice (56 FR
236) adopting final rural and nonrural determinations and the final
rule of May 7, 2002 (67 FR 30559), amending 36 CFR 242.23(a) and 50 CFR
100.23(a) to add the Kenai Peninsula communities (Kenai, Soldotna,
Sterling, Nikiski, Salamatof, Kalifornsky, Kasilof, Clam Gulch, Anchor
Point, Homer, Kachemak City, Fritz Creek, Moose Pass, and Seward) to
the list of areas determined to be nonrural. The 2007 rule added the
village of Saxman and the area of Prudhoe Bay to the nonrural list and
expanded the nonrural boundaries of the Kenai Area; the Wasilla/Palmer
area; the Homer area; and the Ketchikan Area.
Since the 2007 final rule (72 FR 25688; May 7, 2007) was
contentious, and so many comments were received objecting to the
changes imposed by that rule, the Board has decided to return to the
rural determinations prior to the 2007 final rule. The Board further
decided that the most expedient method to enact their decisions was to
publish this direct final rule adopting the pre-2007 nonrural
determinations. As a result, the Board has determined the following
areas to be nonrural: Fairbanks North Star Borough; Homer area--
including Homer, Anchor Point, Kachemak City, and Fritz Creek; Juneau
area--including Juneau, West Juneau, and Douglas; Kenai area--including
Kenai, Soldotna, Sterling, Nikiski, Salamatof, Kalifornsky, Kasilof,
and Clam Gulch; Ketchikan area--including Ketchikan City, Clover Pass,
North Tongass Highway, Ketchikan East, Mountain Point, Herring Cove,
Saxman East, Pennock Island, and parts of Gravina Island; Municipality
of Anchorage; Seward area--including Seward and Moose Pass, Valdez, and
Wasilla area--including Palmer, Wasilla, Sutton, Big Lake, Houston, and
Bodenberg Butte.
These final regulations reflect Board review and consideration of
Council recommendations, Tribal and Alaska Native Corporations
government-to-government tribal consultations, and public comments.
Based on concerns expressed by some of the Councils and members of the
public, the Board went on to direct staff to develop options for the
Board to consider and for presentation to the Councils, to address
future nonrural determinations. These options will be presented to the
Board and Chairs of each Council at the January 12, 2016, public
meeting.
We are publishing this rule without a prior proposal because we
view this action as an administrative action by the Federal Subsistence
Board. This rule will be effective, as specified above in DATES, unless
we receive significant
[[Page 68247]]
adverse comments on or before the deadline set forth in DATES.
Significant adverse comments are comments that provide strong
justifications why the rule should not be adopted or for changing the
rule. If we receive significant adverse comments, we will publish a
notice in the Federal Register withdrawing this rule before the
effective date. If no significant adverse comments are received, we
will publish a document in the Federal Register confirming the
effective date.
Because this rule concerns public lands managed by an agency or
agencies in both the Departments of Agriculture and the Interior,
identical text will be incorporated into 36 CFR part 242 and 50 CFR
part 100.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
In compliance with Administrative Procedure Act, the Board has
provided extensive opportunity for public input and involvement in its
efforts to improve the rural determination process as described in the
related final rule published elsewhere in today's Federal Register. In
addition, anyone with concerns about this rulemaking action may submit
comments as specified in DATES and ADDRESSES.
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Program, under Alternative IV with an annual
process for setting subsistence regulations, may have some local
impacts on subsistence uses, but will not likely restrict subsistence
uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of this
rule was conducted in accordance with section 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA section 810(a).
Paperwork Reduction Act
An agency may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number. This rule
does not contain any new collections of information that require OMB
approval. OMB has reviewed and approved the collections of information
associated with the subsistence regulations at 36 CFR part 242 and 50
CFR part 100, and assigned OMB Control Number 1018-0075, which expires
February 29, 2016.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget 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, 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 Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this rule are already
being harvested and consumed by the local harvester and do not result
in an additional dollar benefit to the economy. However, we estimate
that two million pounds of meat are harvested by subsistence users
annually and, if given an estimated dollar value of $3.00 per pound,
this amount would equate to about $6 million in food value Statewide.
Based upon the amounts and values cited above, the Departments certify
that this rulemaking will not have a significant economic effect on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this rule is not a major rule. It does not have an
effect on the economy of $100 million or more, will not cause a major
increase in costs or prices for consumers, and does 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.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this Program is
limited by definition to certain public lands. Likewise, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more
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in any given year on local or State governments or private entities.
The implementation of this rule is by Federal agencies and there is no
cost imposed on any State or local entities or tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism summary impact statement. Title VIII of ANILCA precludes the
State from exercising subsistence management authority over fish and
wildlife resources on Federal lands unless it meets certain
requirements.
Executive Order 13175
The Alaska National Interest Lands Conservation Act, Title VIII,
does not provide specific rights to tribes for the subsistence taking
of wildlife, fish, and shellfish. However, the Secretaries, through the
Board, provided Federally recognized Tribes and Alaska Native
corporations opportunities to consult on this rule. Consultation with
Alaska Native corporations are 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 Secretaries, through the Board, provided a variety of
opportunities for consultation on the rural determination process:
commenting on changes under consideration for the existing regulations;
engaging in dialogue at the Council meetings; engaging in dialogue at
the Board's meetings; and providing input in person, by mail, email, or
phone at any time during the rulemaking process.
Since 2007 multiple opportunities were provided by the Board for
Federally recognized Tribes and Alaska Native Corporations to consult
on the subject of rural determinations. Federally recognized Tribes and
Alaska Native Corporations were notified by mail and telephone and were
given the opportunity to attend in person or via teleconference.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this rule is
not a significant regulatory action under E.O. 13211, affecting energy
supply, distribution, or use, and no Statement of Energy Effects is
required.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Eugene R. Peltola, Jr. of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Mary McBurney, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Trevor T. Fox, Alaska Regional Office, U.S. Fish and
Wildlife Service; and
Thomas Whitford, Alaska Regional Office, U.S. Forest
Service.
Authority
This rule is issued under the authority of Title VIII of the Alaska
National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-
3126).
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, the Secretaries amend 36
CFR part 242 and 50 CFR part 100 as set forth below.
PART--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart C--Board Determinations
0
2. In subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. _.23 is
revised to read as follows:
Sec. _.23 Rural determinations.
(a) The Board has determined all communities and areas to be rural
in accordance with Sec. __.15 except the following: Fairbanks North
Star Borough; Homer area--including Homer, Anchor Point, Kachemak City,
and Fritz Creek; Juneau area--including Juneau, West Juneau, and
Douglas; Kenai area--including Kenai, Soldotna, Sterling, Nikiski,
Salamatof, Kalifornsky, Kasilof, and Clam Gulch; Ketchikan area--
including Ketchikan City, Clover Pass, North Tongass Highway, Ketchikan
East, Mountain Point, Herring Cove, Saxman East, Pennock Island, and
parts of Gravina Island; Municipality of Anchorage; Seward area--
including Seward and Moose Pass, Valdez, and Wasilla/Palmer area--
including Wasilla, Palmer, Sutton, Big Lake, Houston, and Bodenberg
Butte.
(b) You may obtain maps delineating the boundaries of nonrural
areas from the U.S. Fish and Wildlife Service at the Alaska Regional
Office address provided at 50 CFR 2.2(g), or on the Web at https://www.doi.gov/subsistence.
Dated: September 30, 2015.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting
Chair, Federal Subsistence Board.
Dated: September 30, 2015.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2015-27996 Filed 10-30-15; 8:45 am]
BILLING CODE 3410-11-4333-15-P