[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Proposed Rules]
[Page 22867-22870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my09-17]
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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
[FWS-R7-SM-2009-0001; 70101-1261-0000L6]
RIN 1018-AW30
Subsistence Management Regulations for Public Lands in Alaska--
2010-11 and 2011-12 Subsistence Taking of Wildlife Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, methods, and means related to taking
of wildlife for subsistence uses during the 2010-11 and 2011-12
regulatory years. The Federal Subsistence Board completes the biennial
process of revising subsistence hunting and trapping regulations in
even-numbered years and subsistence fishing and shellfish regulations
in odd-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 biennial cycle.
When final, the resulting rulemaking will replace the existing
subsistence wildlife taking regulations, which expire on June 30, 2010.
This rule would also amend the customary and traditional use
determinations of the Federal Subsistence Board and the general
regulations on subsistence taking of fish and wildlife.
DATES: Public meetings: The Federal Subsistence Regional Advisory
Councils will hold public meetings to receive comments and make
proposals to change this proposed rule on several dates between August
25 and October 28, 2009, and then hold another round of public meetings
to discuss and receive comments on the proposals, and make
recommendations on the proposals to the Federal Subsistence Board, on
several dates between February and April, 2010. The Board will discuss
and evaluate proposed regulatory changes during a public meeting in
Anchorage, AK, on May 4, 2010. 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 November 5, 2009.
ADDRESSES: Public meetings: The Federal Subsistence Board and the
Regional Advisory Councils' public meetings will be 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:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
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.
Hand delivery to the Designated Federal Official attending
any of the Federal Subsistence Regional Advisory Council public
meetings. See SUPPLEMENTARY INFORMATION for additional information on
locations of the public meetings.
We will post all comments on http://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: Peter J. Probasco, Office of
Subsistence Management; (907) 786-3888 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Calvin
Casipit, Regional Subsistence Program Leader, USDA, Forest Service,
Alaska Region; (907) 586-7918.
SUPPLEMENTARY INFORMATION:
[[Page 22868]]
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 grants a
preference for subsistence uses of fish and wildlife resources on
Federal public lands and waters in Alaska. The Secretaries first
published regulations to carry out this program in the Federal Register
on May 29, 1992 (57 FR 22940). The Program has subsequently amended
these regulations several 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 subparts as follows: 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 Departments
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board is made up of:
Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
Alaska Regional Director, U.S. Fish and Wildlife Service;
Alaska Regional Director, U.S. National Park Service;
Alaska State Director, U.S. Bureau of Land Management;
Alaska Regional Director, U.S. Bureau of Indian Affairs;
and
Alaska Regional Forester, U.S. Forest Service.
Through the Board, these agencies participate in the development of
regulations for subparts A, B, and C, which set forth the basic
program, and they continue to work together on regularly revising the
subpart D regulations, which, among other things, set forth specific
harvest seasons and limits.
Federal Subsistence Regional Advisory Councils
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Council. The Regional 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 Regional
Council members represent varied geographical, cultural, and user
diversity within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Regional Councils have a substantial role in reviewing this
proposed rule and making recommendations for the final rule. The
Federal Subsistence Board (Board), through the Regional Councils, will
hold meetings on this proposed rule at the following locations in
Alaska, on the following dates:
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Region 1--Southeast Regional Yakutat........ October 6, 2009.
Council.
Region 2--Southcentral Cooper Landing. October 13, 2009.
Regional Council.
Region 3--Kodiak/Aleutians Kodiak......... September 10, 2009.
Regional Council.
Region 4--Bristol Bay Naknek......... October 27, 2009.
Regional Council.
Region 5--Yukon-Kuskokwim TBA............ October 1, 2009.
Delta Regional Council.
Region 6--Western Interior Aniak.......... October 6, 2009.
Regional Council.
Region 7--Seward Peninsula Nome........... October 1, 2009.
Regional Council.
Region 8--Northwest Arctic Kotzebue....... September 2, 2009.
Regional Council.
Region 9--Eastern Interior Central........ October 13, 2009.
Regional Council.
Region 10--North Slope Barrow......... August 25, 2009.
Regional Council.
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During November 2009, the written proposals to change subpart D hunting
and trapping regulations and subpart C customary and traditional use
determinations will be compiled and distributed for public review.
During the 30-day public comment period, which is presently scheduled
to end on December 31, 2009, written public comments will be accepted
on the distributed proposals.
The Board, through the Regional Councils, will hold a second series
of meetings in February through April 2010, to receive comments on
specific proposals and to develop recommendations to the Board. Meeting
dates and locations will be published in the Federal Register prior to
those meetings:
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to both series of
meetings. Locations and dates may change based on weather or local
circumstances. The amount of work on each Regional Council's agenda
determines the length of each Regional Council meeting.
The Board will discuss and evaluate proposed changes to the
subsistence management regulations during a public meeting scheduled to
be held in Anchorage, AK, on May 4, 2010. 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 wildlife 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 this proposed rule
for which changes are suggested;
c. A statement explaining why each change is necessary;
d. Proposed wording changes; and
e. Any additional information that you believe will help the Board
in evaluating the proposed change.
The Board rejects proposals that fail to include the above
information, or proposals that are beyond the scope of authorities in
Sec. -- .24, subpart C (the regulations governing customary and
traditional use determinations), and Sec. Sec. -- .25, and -- .26,
subpart D (the general and specific regulations governing the
subsistence take of wildlife). During the May 4, 2010, meeting, the
Board may defer review and action on some proposals to allow time for
local 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,
[[Page 22869]]
Regional Councils, or the Board becomes excessive. These deferrals may
be based on recommendations by the affected Regional 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. The Board may
consider and act on alternatives that address the intent of a proposal
while differing in approach.
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 (tribes) as listed in 73 FR 18533 (April 4, 2008). The
Alaska National Interest Lands Conservation Act does not specifically
provide 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
have elected to provide tribes an opportunity to consult on this rule.
The Secretaries will engage in outreach efforts for this rule,
including a notification letter, to ensure that tribes are advised of
the mechanisms by which they can participate. The Board provides a
variety of opportunities for consultation: Proposing changes to the
existing rule; commenting on proposed changes to the existing rule;
engaging in dialogue at the Regional Advisory 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 rule-making
process. The Secretaries will commit to efficiently and adequately
reviewing the government-to-government consultation process with regard
to subsistence rulemaking.
The Board will consider tribes' information, input, and
recommendations, and address their concerns as much as practicable.
However, in keeping with ANILCA Sec. 805(c), the Board shall follow
recommendations of the Regional Advisory Councils for the taking of
fish and wildlife unless their recommendation is determined to be not
supported by substantial evidence, violates recognized principles of
fish and wildlife conservation, or would be detrimental to the
satisfaction of subsistence needs. The Board will inform the tribes how
their recommendations were considered.
Developing the 2010-12 Wildlife Seasons and Harvest Limit Regulations
Subpart D regulations are subject to periodic review and revision.
The Federal Subsistence Board completes the biennial process of
revising subsistence hunting and trapping regulations in even-numbered
years and subsistence fishing and shellfish regulations in odd-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 biennial cycle.
The text of the final rule published June 24, 2008 (73 FR 35726)
for the 2008-10 subparts C and D regulations is the text of this
proposed rule. These regulations will take effect on July 1, 2010,
unless subsequent Board action changes elements as a result of the
public review process outlined above in this document.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement (DEIS) 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 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
The information collection requirements contained in this rule have
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and assigned
OMB control number 1018-0075, which expires October 31, 2009. We may
not conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a current valid OMB
control number.
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four
criteria:
a. Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
b. Whether the rule will create inconsistencies with other
agencies' actions.
c. Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
d. Whether the rule raises novel legal or policy issues.
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
[[Page 22870]]
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 2
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 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 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
The Alaska National Interest Lands Conservation Act does not
specifically provide rights to tribes for the subsistence taking of
wildlife, fish, and shellfish. And while, for this rule, EO 13175 does
not require the agencies to consult with tribes, the Secretaries have
elected to provide tribes an opportunity to consult on this rule. The
Board will provide a variety of opportunities for consultation through:
Proposing changes to the existing rule; commenting on proposed changes
to the existing rule; engaging in dialogue at the Regional Advisory
Council meetings; engaging in dialogue at the Board's meetings; and
providing input in person, by mail, e-mail, or phone at any time during
the rulemaking process.
Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This rule is not a
significant regulatory action under Executive Order 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
Peter J. Probasco 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;
Sandy Rabinowitch and Nancy Swanton, Alaska Regional
Office, National Park Service;
Drs. Warren Eastland and Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
Jerry Berg and Carl Jack, Alaska Regional Office, U.S.
Fish and Wildlife Service; and
Calvin Casipit, Alaska Regional Office, U.S. 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.
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR 242 and 50 CFR 100 for the 2010-11 and
2011-12 regulatory years.
Dated: May 4, 2009.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: May 1, 2009.
Calvin Casipit,
Acting Subsistence Program Leader, USDA-Forest Service.
[FR Doc. E9-11130 Filed 5-14-09; 8:45 am]
BILLING CODE 3410-11-P