[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Proposed Rules]
[Pages 6730-6734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2679]
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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-2010-0066; [70101-1261-0000L6]
RIN 1018-AX33
Subsistence Management Regulations for Public Lands in Alaska--
2012-13 and 2013-14 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 2012-2013 and 2013-2014
regulatory years. The Federal Subsistence Board is on a schedule of
completing the process of revising subsistence taking of wildlife
regulations in even-numbered years and subsistence taking of fish and
shellfish regulations in odd-numbered years; public proposal and review
processes take place during the preceding year.
[[Page 6731]]
The Board also addresses customary and traditional use determinations
during the applicable cycle. When final, the resulting rulemaking will
replace the existing subsistence wildlife taking regulations. This rule
would also amend 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
February 15 and March 24, 2011, 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 August 23 and October 13, 2011. The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in Anchorage, AK, in January 2012. 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 March 24, 2011.
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:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov and search for FWS-R7-SM-2010-0066, 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, or 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 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
preference for take of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The Secretaries published
temporary regulations to carry out this program in the Federal Register
on June 29, 1990 (55 FR 27114), and final regulations were published in
the Federal Register on May 29, 1992 (57 FR 22940). The Program has
subsequently 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 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 to administer the Federal
Subsistence Management Program. The Board is currently made up of:
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; and
The Alaska Regional Forester, U.S. Forest Service.
Through the Board, these agencies 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
Regional Advisory Council. The Regional Advisory 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 Advisory Council members represent varied geographical,
cultural, and user interests within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Regional Advisory Councils have a substantial role in reviewing
this proposed rule and making recommendations for the final rule. The
Federal Subsistence Board, through the Regional Advisory Councils, will
hold meetings on this proposed rule at the following locations in
Alaska, on the following dates:
Region 1--Southeast Regional Council, Sitka, March 22, 2011
Region 2--Southcentral Regional Council, Anchorage, March 16, 2011
Region 3--Kodiak/Aleutians Regional Council, Kodiak, February 16, 2011
Region 4--Bristol Bay Regional Council, Naknek, March 9, 2011
Region 5--Yukon-Kuskokwim Delta Regional Council, Mtn. Village,
February 23, 2011
Region 6--Western Interior Regional Council, Galena, March 1, 2011
Region 7--Seward Peninsula Regional Council, Nome, February 15, 2011
Region 8--Northwest Arctic Regional Council, Kotzebue, March 18, 2011
Region 9--Eastern Interior Regional Council, Fairbanks, March 3, 2011
Region 10--North Slope Regional Council, Barrow, March 7, 2011
During April 2011, the written proposals to change the subpart D,
take of wildlife 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 May 15, 2011, written public comments will be accepted on the
distributed proposals.
The Board, through the Regional Advisory Councils, will hold a
second series of meetings in August through October 2011, to receive
comments on specific proposals and to develop recommendations to the
Board at the following locations in Alaska, on the following dates:
Region 1--Southeast Regional Council, Wrangell, September 27, 2011
[[Page 6732]]
Region 2--Southcentral Regional Council, Cantwell, October 3, 2011
Region 3--Kodiak/Aleutians Regional Council, Cold Bay, September 7,
2011
Region 4--Bristol Bay Regional Council, Dillingham, October 12, 2011
Region 5--Yukon-Kuskokwim Delta Regional Council, TBA, September 29,
2011
Region 6--Western Interior Regional Council, Aniak, October 4, 2011
Region 7--Seward Peninsula Regional Council, Nome, September 21, 2011
Region 8--Northwest Arctic Regional Council, TBA, August 23, 2011
Region 9--Eastern Interior Regional Council, Tanana, October 11, 2011
Region 10--North Slope Regional Council, TBA, August 23, 2011
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 Advisory Council's
agenda determines the length of each Regional Advisory 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, in January 2012. The Regional Advisory
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, 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, 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 immediately 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 January 2012
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, Regional Advisory Councils, or
the Board becomes excessive. These deferrals may be based on
recommendations by the affected Regional Advisory 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 it has not been presented
to a Regional Advisory Council for action. 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 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 does not
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, through the Board, will provide Federally recognized
Tribes and Alaska Native corporations an opportunity to consult on this
rule.
The Board will engage in outreach efforts for this 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 rule; commenting on
proposed changes to the existing rule; engaging in dialogue at the
Regional 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. The Board will commit to
efficiently and adequately providing an opportunity to Tribes and
Alaska Native corporations for consultation in regard to subsistence
rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable. The Board will inform the Tribes and Alaska Native
corporations how their recommendations were considered.
Developing the 2012-13 and 2013-14 Wildlife Seasons and Harvest Limit
Regulations
Subpart C and D regulations are subject to periodic review and
revision. The Federal Subsistence Board currently completes the process
of revising subsistence take of wildlife regulations in even-numbered
years and fish 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 cycle.
The text of the final rule published June 30, 2010 (75 FR 37918)
for the 2010-12 subparts C and D regulations is the text of this
proposed rule. 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.
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
[[Page 6733]]
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 Sec. 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
Sec. 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 Sec. 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 Sec. 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
proposed rule does not contain any new collections of information that
require OMB approval. OMB has reviewed and approved the following
collections of information associated with the subsistence regulations
at 36 CFR part 242 and 50 CFR part 100: Subsistence hunting and fishing
applications, permits, and reports, Federal Subsistence Regional
Advisory Council Membership Application/Nomination and Interview Forms
(OMB Control No. 1018-0075 expires January 31, 2013).
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
proposed 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 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 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 Sec. Sec. 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
The Alaska National Interest Lands Conservation Act does not
provide rights to tribes for the subsistence taking of wildlife, fish,
and shellfish. However, the Board will provide Federally recognized
Tribes and Alaska Native corporations an opportunity 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, will provide a variety of
opportunities for consultation: Commenting on proposed changes to the
existing rule; engaging in dialogue at the Regional Council meetings;
engaging in dialogue at the Board's meetings; and providing
[[Page 6734]]
input in person, by mail, e-mail, 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
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;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Steve Kessler, 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.
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
2012-13 and 2013-14 regulatory years. The text of the proposed
amendments to 36 CFR 242.24, 242.25, and 242.26 and 50 CFR 100.24,
100.25, and 100.26 is the final rule for the 2010-12 regulatory period
(75 FR 37918; June 30, 2010), as modified by any subsequent Federal
Subsistence Board action.
January 13, 2011.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
January 13, 2011.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2011-2679 Filed 2-7-11; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P