[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Proposed Rules]
[Pages 20380-20384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05821]



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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-2023-0214; FXFR13350700640-245-FF07J00000]
RIN 1018-BH14


Subsistence Management Regulations for Public Lands in Alaska--
2025-26 and 2026-27 Subsistence Taking of Fish and Shellfish 
Regulations

AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Proposed rule.

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SUMMARY: This proposed rule revises regulations for fish and shellfish 
seasons, harvest limits, methods, and means related to taking of fish 
and shellfish for subsistence uses during the 2025-2026 and 2026-2027 
regulatory years. The Federal Subsistence Board (hereafter referred to 
as ``the Board'') is on a schedule of completing the process of 
revising subsistence taking of fish and shellfish regulations in odd-
numbered years and subsistence taking of wildlife regulations in even-
numbered years; public proposal and review processes take place during 
the preceding year. The Board also addresses customary and traditional 
use determinations during the applicable cycle. When final, the 
resulting rulemaking replaces the existing subsistence fish and 
shellfish taking regulations. This proposed rule may also amend the 
general regulations on subsistence taking of fish and wildlife.

DATES: 
    Public meetings: The Federal Subsistence Regional Advisory Councils 
(hereafter referred to as ``the Councils'') will receive comments and 
make proposals to change this proposed rule at the concurrent sessions 
during a joint All-Council public meeting March 5-8, 2024, in 
Anchorage. The Councils will hold another round of public meetings to 
discuss and receive comments on the proposals and make recommendations 
on the proposals to the Board on several dates between August 19 and 
November 1, 2024 (see Alaska Subsistence Regional Advisory Council 
Meetings for 2024; 89 FR 10095; February 13, 2024). The Board will 
discuss and evaluate proposed regulatory changes during a public 
meeting in Anchorage, Alaska, in January 2025. See SUPPLEMENTARY 
INFORMATION for specific information on dates and locations of the 
public meetings.
    Public comments: Comments and proposals to change this proposed 
rule must be received or postmarked by May 21, 2024.

ADDRESSES: Public meetings: The Board and the Councils' public meetings 
are held at various locations in Alaska. See SUPPLEMENTARY INFORMATION 
for specific information on dates and locations of the public meetings.
    Public comments: You may submit comments by one of the following 
methods:
     Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. In the Search box, enter Docket number 
FWS-R7-SM-2023-0214. Then, click on the Search button. On the resulting 
page, in the Search panel on the left side of the screen, under the 
Document Type heading, check the Proposed Rule box to locate this 
document. You may submit a comment by clicking on ``Comment.''
     By hard copy: Submit by U.S. mail or hand delivery: Public 
Comments Processing, Attn: FWS-R7-SM-2023-0214; U.S. Fish and Wildlife 
Service; 5275 Leesburg Pike, MS: PRB (JAO/3W); Falls Church, VA 22041-
3803. If in-person meetings are held, you may also deliver a hard copy 
to the Designated Federal Officer attending any of the Councils' public 
meetings. See SUPPLEMENTARY INFORMATION for additional information on 
locations of the public meetings.
    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 Review Process section below for more information).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Acting Assistant Regional 
Director, Office of Subsistence Management; (907) 786-3888 or 
[email protected]. For questions specific to National Forest System 
lands, contact Gregory Risdahl, Regional Subsistence Program Leader, 
USDA, Forest Service, Alaska Region; (907) 302-7354 or 
[email protected]. In compliance with the Providing 
Accountability Through Transparency Act of 2023, please see Docket No. 
FWS-R7-SM-2023-0214 on https://www.regulations.gov for a document that 
summarizes this proposed rule.

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 (hereafter referred to as ``the 
Secretaries'') jointly implement the Federal Subsistence Management 
Program (hereafter referred to as ``the Program''). The Program 
provides a preference for take of fish and wildlife resources for 
subsistence uses on Federal public lands and waters in Alaska. Only 
Alaska residents of areas identified as rural are eligible to 
participate in the Program. The Secretaries published temporary 
regulations to carry out the Program in the Federal Register on June 
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR 
22940). Program officials have subsequently amended these regulations a 
number of times. Because the Program is a joint effort between the 
Departments of the Interior and Agriculture, these regulations are 
located in two titles of the Code of Federal Regulations (CFR): The 
Agriculture regulations are at title 36, ``Parks, Forests, and Public 
Property,'' and the Interior regulations are at title 50, ``Wildlife 
and Fisheries,'' at 36 CFR 242.1 through 242.28 and 50 CFR 100.1 
through 100.28, respectively. Consequently, to indicate that identical 
changes are proposed for regulations in both titles 36 and 50, in this 
document we will present references to specific sections of the CFR as 
shown in the following example: Sec.  __.24.
    The Program regulations contain subparts as follows: subpart A 
(General Provisions); subpart B (Program Structure); subpart C (Board 
Determinations); and subpart D (Subsistence Taking of Fish and 
Wildlife). Consistent with subpart B of these regulations, the 
Secretaries established a Federal Subsistence Board (hereafter referred 
to as ``the Board'') to administer the 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, National Park Service;
     The Alaska State Director, Bureau of Land Management;
     The Alaska Regional Director, 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.

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    Through the Board, these agencies and public members participate in 
the development of regulations for subparts C and D. Subpart C sets 
forth important Board determinations regarding program eligibility, 
i.e., which areas of Alaska are considered rural and which species are 
harvested in those areas as part of a ``customary and traditional use'' 
for subsistence purposes. Subpart D sets forth 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 (hereafter referred to as 
``the Council(s)''). 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 Review Process--Comments, Proposals, and Public Meetings

    The Councils have a substantial role in reviewing this proposed 
rule and making recommendations for the final rule. The Board, through 
the Councils, will hold public meetings in person and via 
teleconference on this proposed rule during individual Council breakout 
sessions at the Joint Regional Advisory Council meeting to be held in 
Anchorage, Alaska, on March 5-8, 2024. A public notice of specific 
dates and times, call-in number(s), and how to participate and provide 
public testimony will be published in local and statewide newspapers, 
announced in radio ads, and posted to the Program web page and social 
media at least 2 weeks prior to the March 5-8, 2024, public meeting.
    After the comment period concludes, the written proposals to change 
the regulations at subpart D, take of fish and shellfish, and subpart 
C, customary and traditional use, will be compiled and distributed for 
public review. Written public comments will be accepted on the 
distributed proposals during a second 30-day public comment period, 
which will be announced in statewide newspaper and radio ads and posted 
to the Program web page and social media. The Board, through the 
Councils, will hold a second series of public meetings August 19 
through November 1, 2024, to receive comments on specific proposals and 
to develop recommendations to the Board on the following dates:

Table 1--Fall 2024 Meetings of the Federal Subsistence Regional Advisory
                                Councils
------------------------------------------------------------------------
    Regional advisory council            Dates             Location
------------------------------------------------------------------------
Southeast Alaska--Region 1......  October 22-24.....  Ketchikan.
Southcentral Alaska--Region 2...  October 10-11.....  Anchorage.
Kodiak/Aleutians--Region 3......  September 4-6.....  Unalaska.
Bristol Bay--Region 4...........  October 29-30.....  Dillingham.
Yukon-Kuskokwim Delta--Region 5.  August 27-29......  Bethel.
Western Interior--Region 6......  October 2-3.......  Galena.
Seward Peninsula--Region 7......  October 24-25.....  Nome.
Northwest Arctic--Region 8......  October 28-29.....  Kotzebue.
Eastern Interior--Region 9......  October 8-10......  Tanana.
North Slope--Region 10..........  August 19-20......  Utqiagvik.
------------------------------------------------------------------------

    A public notice of specific dates, times, call-in number(s), and 
how to participate and provide public testimony will be published in 
local and statewide newspapers, announced in radio ads, and posted to 
the Program web page and social media at least 2 weeks prior to each 
meeting. The amount of work on each Council's agenda determines the 
length of each Council's meeting, but typically the meetings are 
scheduled to last 2 days. Occasionally a Council will lack information 
necessary during a scheduled meeting to make a recommendation to the 
Board or to provide comments on other matters affecting subsistence in 
the region. If this situation occurs, the Council may announce on the 
record a later teleconference to address the specific issue when the 
requested information or data is available; it is noted that any 
followup teleconference would be an exception and must be approved, in 
advance, by the Assistant Regional Director for the Office of 
Subsistence Management. These teleconferences are open to the public, 
along with opportunities for public comment; the date and time will be 
announced during the scheduled meeting, and that same information will 
be announced through news releases and local radio, newspaper, Program 
web page, and social media ads.
    The Board will discuss and evaluate proposed changes to the 
subsistence management regulations during a public meeting scheduled to 
be held in Anchorage, Alaska, in January 2025. The Council Chairs, or 
their designated representatives, will present their respective 
Councils' recommendations at the Board meeting. Additional oral 
testimony may be provided on specific proposals before the Board at 
that time. At that public meeting, the Board will deliberate and take 
final action on proposals received that request changes to this 
proposed rule.
    Proposals to the Board to modify the general fish and wildlife 
regulations, fish and shellfish harvest regulations, and customary and 
traditional use determinations must include the following information:
    a. Name, address, and telephone number of the requestor;
    b. Each section and/or paragraph designation in the current 
regulations for which changes are suggested, if applicable;
    c. A description of the regulatory change(s) desired;
    d. A statement explaining why each change is necessary;
    e. Proposed wording changes; and
    f. Any additional information that you believe will help the Board 
in evaluating the proposed change.
    The Board will immediately reject proposals that fail to include 
the above information, or proposals that are beyond the scope of 
authorities in Sec.  __.24 of subpart C (the regulations governing 
customary and traditional use), and Sec. Sec.  __.25, __.27, and __.28 
of subpart D (the general and specific regulations governing the 
subsistence take of fish and shellfish). If a proposal needs 
clarification, prior to being distributed for public review, the 
proponent may be contacted, and the proposal could be revised based on 
their input. Once a proposal is distributed for public review, no 
additional changes may be made as part of the original submission. 
During the January 2025

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meeting, the Board may defer review and action on some proposals to 
allow time for cooperative planning efforts or to acquire additional 
needed information. The Board may elect to defer taking action on any 
given proposal if the workload of staff, Councils, or the Board becomes 
excessive. These deferrals may be based on recommendations by the 
affected Council(s) or staff members, or on the basis of the Board's 
intention to do least harm to the subsistence user and the resource 
involved. A proponent of a proposal may withdraw the proposal, provided 
that it has not been considered, and a recommendation has not been 
made, by a Council. The Board may consider and act on alternatives that 
address the intent of a proposal while differing in approach.
    You may submit written comments and materials concerning this 
proposed rule by one of the methods listed in ADDRESSES. If you submit 
a comment via https://www.regulations.gov, your entire comment, 
including any personally identifiable information, will be posted on 
the Program's web page. If you submit a hardcopy comment that includes 
personally identifiable 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. We will post all 
hardcopy comments on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov at 
Docket No. FWS-R7-SM-2023-0214, or by appointment, provided no public 
health or safety restrictions are in effect, between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays, at: USFWS, Office of 
Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503.

Reasonable Accommodations

    The Board is committed to providing access to these meetings for 
all participants. Please direct all requests for sign language 
interpreting services, closed captioning, or other accommodation needs 
to Robbin La Vine, 907-786-3888, [email protected], or 800-877-8339 
(TTY), 7 business days prior to the meeting you would like to attend.

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 political relationship 
that exists between the Federal Government and Federally Recognized 
Indian Tribes (herein after referred to as ``Tribes'') as listed in 82 
FR 4915 (January 17, 2017). 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 does not 
provide specific rights to Tribes for the subsistence taking of 
wildlife, fish, and shellfish. However, because Tribal members are 
affected by subsistence fishing, hunting, and trapping regulations, the 
Secretaries, through the Board, will provide Tribes and Alaska Native 
corporations an opportunity to consult on this proposed rule.
    The Board will engage in outreach efforts for this proposed rule, 
including a notification letter, to ensure that Tribes and Alaska 
Native corporations are advised of the mechanisms by which they can 
participate. The Board provides a variety of opportunities for 
consultation: proposing changes to the existing regulations; commenting 
on proposed changes to 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. The Board will commit to efficiently and 
adequately providing an opportunity to Tribes and Alaska Native 
corporations for consultation regarding subsistence rulemaking.
    The Board will consider Tribes' and Alaska Native corporations' 
information, input, and recommendations, and address their concerns as 
much as practicable.

Developing the 2025-26 and 2026-27 Fish and Shellfish Seasons and 
Harvest Limit Proposed Regulations

    In titles 36 and 50 of the CFR, the subparts C and D regulations 
are subject to periodic review and revision. The Board currently 
completes the process of revising subsistence take of fish and 
shellfish regulations in odd-numbered years and wildlife regulations in 
even-numbered years; public proposal and review processes take place 
during the preceding year. The Board also addresses customary and 
traditional use determinations during the applicable cycle. Nonrural 
determinations are taken up during every other fish and shellfish 
cycle, beginning in 2018.
    The Board reviews closures to the take of fish/shellfish and 
wildlife during each applicable cycle on a rotating schedule. The 
following table lists the current closures being reviewed for this 
cycle. When reviewing a closure, the Board may maintain, modify, or 
rescind the closure. If a closure is rescinded, the regulations will 
revert to the existing regulations in place prior to the closure, or if 
no regulations were in place, any changes or the establishment of 
seasons, methods and means, and harvest limits must go through the full 
public review process. The public is encouraged to comment on these 
closures, and anyone recommending that a closure be rescinded should 
submit a proposal to establish regulations for the area that was 
closed.

   Table 2--Fish and Shellfish Closures To Be Reviewed by the Federal
   Subsistence Board for the 2025-2026 and 2026-2027 Regulatory Years
------------------------------------------------------------------------
        Fishery management area                    Closure area
------------------------------------------------------------------------
Norton Sound--Port Clarence Area.......  Unalakleet River upstream of
                                          the confluence of Chiroskey
                                          River (Chinook Salmon).
Yukon/Northern Area....................  Delta River (all fish).
Yukon/Northern Area....................  Nome Creek (Arctic Grayling).
Southeastern Alaska Area...............  Makhnati Island (Herring).
------------------------------------------------------------------------


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    The current subsistence program regulations form the starting point 
for consideration during each new rulemaking cycle. Consequently, in 
this rulemaking action pertaining to fish and shellfish, the Board will 
consider proposals to revise the regulations in any of the following 
sections of titles 36 and 50 of the CFR:
     Section __.24: customary and traditional use 
determinations;
     Section __.25: general provisions governing the 
subsistence take of wildlife, fish, and shellfish;
     Section __.27: specific provisions governing the 
subsistence take of fish; and
     Section __.28: specific provisions governing the 
subsistence take of shellfish.
    As such, the text of the proposed 2025-2027 subparts C and D 
subsistence regulations in titles 36 and 50 is the combined text of 
previously issued rules that revised these sections of the regulations. 
The following Federal Register citations show when these CFR sections 
were last revised. Therefore, the regulations established by these four 
final rules constitute the text of this proposed rule:
    The text of the proposed amendments to 36 CFR 242.24 and 242.27 and 
50 CFR 100.24 and 100.27 is the final rule for the 2023-2025 regulatory 
period for fish (89 FR 14746; February 29. 2024).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 is the final rule for the 2022-2024 regulatory period for 
wildlife (87 FR 44858; July 26, 2022).
    The text of the proposed amendments to 36 CFR 242.28 and 50 CFR 
100.28 is the final rule for the 2011-13 regulatory period for 
shellfish (76 FR 12564; March 8, 2011).
    These regulations will remain in effect until subsequent Board 
action changes elements as a result of the public review process 
outlined above in this document and a final rule is published.

Compliance With Statutory and Regulatory Authorities

National Environmental Policy Act

    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 Federal Subsistence Management 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 the 
subsistence program regulations was conducted in accordance with 
section 810. This evaluation also supported the Secretaries' 
determination that the regulations will not reach the ``may 
significantly restrict'' threshold that would require notice and 
hearings under ANILCA section 810(a).

Paperwork Reduction Act of 1995 (PRA)

    This proposed 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 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. 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. This control number has an 
expiration date of 01/31/2024; in accordance with regulations at 5 CFR 
part 1320, the Service is authorized to continue sponsoring the 
collection while the submission is pending at OMB.

Regulatory Planning and Review (Executive Orders 12866, 13563, and 
14094)

    Executive Order 14094 reaffirms the principles of E.O. 12866 and 
E.O. 13563 and states that regulatory analysis should facilitate agency 
efforts to develop regulations that serve the public interest, advance 
statutory objectives, and are consistent with E.O. 12866, E.O. 13563, 
and the Presidential Memorandum of January 20, 2021 (Modernizing 
Regulatory Review). Regulatory analysis, as practicable and 
appropriate, shall recognize distributive impacts and equity, to the 
extent permitted by law. 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.
    E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides 
that the Office of Information and Regulatory Affairs (OIRA) in OMB 
will review all significant rules. OIRA has determined that this 
proposed rule is not significant.

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 proposed 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

[[Page 20384]]

et seq.), this proposed rule is not a major rule. It will 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 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.

Executive Order 12630

    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence priority on Federal public lands and waters. The scope of 
this program is limited by definition to certain public lands. 
Likewise, these proposed 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 proposed 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State governments or private entities. This proposed 
rule will be implemented by Federal agencies with no cost imposed on 
any State or local entities or Tribal governments.

Executive Order 12988

    The Secretaries have determined that these proposed 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 proposed rule does 
not have sufficient federalism implications to warrant the preparation 
of a federalism assessment. 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

    Title VIII of ANILCA does not provide specific rights to Tribes for 
the subsistence taking of wildlife, fish, and shellfish. However, as 
described above under Tribal Consultation and Comment, the Secretaries, 
through the Board, will provide federally recognized Tribes and Alaska 
Native corporations a variety of opportunities for consultation: 
commenting on proposed changes to the existing regulations; engaging in 
dialogue at the Regional 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.

Executive Order 13211

    This Executive order requires agencies to prepare statements of 
energy effects when undertaking certain actions. However, this proposed 
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

     Justin Koller drafted this proposed rule under the 
guidance of Amee Howard of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Additional assistance was provided by:
     Chris McKee, Alaska State Office, Bureau of Land 
Management;
     Dr. Kim Jochum, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Jill Klein, Alaska Regional Office, U.S. Fish and Wildlife 
Service; and
     Gregory Risdahl, Alaska Regional Office, USDA-Forest 
Service.

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.

Proposed Regulation Promulgation

    For the reasons set out in the preamble, the Federal Subsistence 
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the 
2025-26 and 2026-27 regulatory years.
    The text of the proposed amendments to 36 CFR 242.24 and 242.27 and 
50 CFR 100.24 and 100.27 matches the amendatory instructions in 89 FR 
14746 (February 29, 2024) (which is the final rule for the 2023-2025 
regulatory period for fish).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 matches the amendatory instructions in 87 FR 44858 (July 26, 
2022) (which is the final rule for the 2022-2024 regulatory period for 
wildlife).
    The text of the proposed amendments to 36 CFR 242.28 and 50 CFR 
100.28 matches the amendatory instructions in 76 FR 12564 (March 8, 
2011) (which is the final rule for the 2011-13 regulatory period for 
fish and shellfish).

Amee Howard,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2024-05821 Filed 3-21-24; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P