[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Proposed Rules]
[Pages 15155-15160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05616]
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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-2021-0039; FXFR13350700640-223-FF07J00000]
RIN 1018-BF19
Subsistence Management Regulations for Public Lands in Alaska--
2023-24 and 2024-25 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 would establish regulations for fish and
shellfish seasons, harvest limits, methods, and means related to taking
of fish and shellfish for subsistence uses during the 2023-2024 and
2024-2025 regulatory years. The Federal Subsistence Board (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; in addition, during the rulemaking cycle for the fish
and shellfish regulations, the Board will accept proposals for nonrural
determinations. When final, the resulting rulemaking will replace the
existing subsistence fish and shellfish taking regulations. This
proposed rule could 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 February 8 through March 24, 2022, and will
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 September 20 and
November 2, 2022. The Board will discuss and evaluate proposed
regulatory changes during a public meeting in Anchorage,
[[Page 15156]]
AK, in January 2023. 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 16, 2022.
ADDRESSES:
Public meetings: The Federal Subsistence Board and the Federal
Subsistence Regional Advisory 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-2021-0039. 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-2021-0039; 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 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 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: Sue Detwiler, Office of
Subsistence Management; (907) 786-3888 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Gregory
Risdahl, Regional Subsistence Program Leader, USDA, Forest Service,
Alaska Region; (907) 302-7354 or gregory.risdahl@usda.gov.
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 242.1-28 and 50 CFR 100.1-28, 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 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.
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
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 Federal Subsistence Regional Advisory Councils will have a
substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Federal Subsistence Regional Advisory Councils, will hold
public meetings via teleconference on this proposed rule on the
following dates:
Region 1--Southeast Regional Council--March 22, 2022
Region 2--Southcentral Regional Council--February 10, 2022
Region 3--Kodiak/Aleutians Regional Council--February 22, 2022
Region 4--Bristol Bay Regional Council--February 8, 2022
Region 5--Yukon-Kuskokwim Delta Regional Council--March 1, 2022
Region 6--Western Interior Regional Council--February 16, 2022
Region 7--Seward Peninsula Regional Council--March 3, 2022
Region 8--Northwest Arctic Regional Council--February 14, 2022
Region 9--Eastern Interior Regional Council--March 8, 2022
Region 10--North Slope Regional Council--March 8, 2022
Teleconferences are being held in lieu of in-person meetings due to
public health and safety restrictions that are in effect. 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 prior to each meeting.
During April 2022, the written proposals to change the regulations
at subpart D, take of fish and shellfish, and subpart C, customary and
traditional use and nonrural determinations, will be
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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 Regional Advisory Councils, will hold a second
series of public meetings in September through November 2022, to
receive comments on specific proposals and to develop recommendations
to the Board on the following dates:
Region 1--Southeast Regional Council--October 25, 2022
Region 2--Southcentral Regional Council--October 13, 2022
Region 3--Kodiak/Aleutians Regional Council--September 20, 2022
Region 4--Bristol Bay Regional Council--November 1, 2022
Region 5--Yukon-Kuskokwim Delta Regional Council--October 27, 2022
Region 6--Western Interior Regional Council--October 19, 2022
Region 7--Seward Peninsula Regional Council--October 4, 2022
Region 8--Northwest Arctic Regional Council--October 31, 2022
Region 9--Eastern Interior Regional Council--October 5, 2022
Region 10--North Slope Regional Council--October 13, 2022
Teleconferences will substitute for in-person meetings based on
current public health and safety restrictions in effect. 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 prior to each meeting. The amount of work on each
Regional Advisory Council's agenda determines the length of each
Regional Advisory Council 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 follow
up 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, television, 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 2023. The Federal Subsistence
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, 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 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.
Proposals to the Board to modify the nonrural determinations must
include the following information:
a. Full name and mailing address of the proponent;
b. A statement describing the proposed nonrural determination
action requested;
c. A detailed description of the community or area under
consideration, including any current boundaries, borders, or
distinguishing landmarks, so as to identify which Alaska residents
would be affected by the change in nonrural status;
d. Rationale and supporting evidence (law, policy, factors, or
guidance) for the Board to consider in determining the nonrural status
of a community or area;
e. A detailed statement of the facts that illustrate that the
community or area is nonrural or rural using the rationale and
supporting evidence stated above; and
f. Any additional information supporting 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. Sec. __.23 and __.24, subpart C (the regulations
governing nonrural determinations and 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 2023 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 considered,
and a recommendation has not been made, by a Regional Advisory 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 personal identifying information, will be posted on the
website. If you submit a hardcopy comment that includes personal
identifying 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-2021-0039, 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.
[[Page 15158]]
Reasonable Accommodations
The Federal Subsistence 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,
subsistence@fws.gov, 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 (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 Federally recognized
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 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, 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 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.
Developing the 2023-24 and 2024-25 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 fish and shellfish cycles.
Based on a revised Board policy, the Board will start reviewing
closures to the take of fish/shellfish and wildlife during each
applicable cycle. The following table lists the current closures being
reviewed for this cycle. In 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 1--Fish and Shellfish Closures To Be Reviewed by the Federal
Subsistence Board for the 2023-2024 and 2024-2025 Regulatory Years
------------------------------------------------------------------------
Fishery management area Closure area
------------------------------------------------------------------------
Yukon/Northern Area............... Kanuti River (all fish).
Yukon/Northern Area............... Bonanza Creek (all fish).
Yukon/Northern Area............... Jim River, including Prospect and
Douglas Creeks (all fish).
Yukon/Northern Area............... Delta River (all fish).
Yukon/Northern Area............... Nome Creek in Beaver Creek Drainage
(Grayling).
Aleutians Area.................... Unalaska Lake (Salmon)--The waters
of Unalaska Lake, its tributaries
and outlet streams.
Aleutians Area.................... Summers and Morris Lakes (Salmon)--
The waters of Summers and Morris
Lakes and their tributaries and
outlet streams.
Aleutian Area..................... Unalaska Bay Freshwater Streams
(Salmon/Anadromous Fish)--All
streams supporting anadromous fish
runs that flow into Unalaska Bay
south of a line from the northern
tip of Cape Cheerful to the
northern tip of Kalekta Point.
Aleutians Area.................... Mclees Lake (Salmon)--Waters of
McLees Lake and its tributaries and
outlet streams.
Aleutian Area..................... Adak and Kagalaska Freshwaters
(Salmon)--All freshwater on Adak
and Kagalaska Islands in the Adak
District.
Alaska Peninsula Area............. Russel Creek and Nurse Lagoon
(Salmon)--Waters of Russel Creek
and Nurse Lagoon and within 500
yards outside of the mouth of Nurse
Lagoon.
Kodiak Area....................... Womens Bay (Salmon)--All waters
inside a line from the tip of the
Nyman Peninsula (57[deg]43.23' N
lat. 152[deg]31.51' W long.), to
the northeastern tip of Mary's
Island (57[deg]42.40' N lat.,
152[deg]32.00' W long.), to the
southeastern shore of Womens Bay at
57[deg]41.95' N lat.,
152[deg]31.50' W long.
Kodiak Area....................... Russel Creek and Nurse Lagoon
(Salmon)--Waters of Russel Creek
and Nurse Lagoon and within 500
yards outside of the mouth of Nurse
Lagoon.
Kodiak Area....................... Buskin River Marine Waters (Salmon)--
All waters inside of a line running
from a marker on the bluff north of
the mouth of the Buskin River at
approximately 57[deg]45.80' N
latitude, 152[deg]28.38' W
longitude, to a point offshore at
57[deg]45.35' N latitude,
152[deg]28.15' W longitude, to a
marker located onshore south of the
river mouth at approximately
57[deg]45.15' N latitude,
152[deg]28.65' W longitude.
Kodiak Area....................... Selief Bay Creek--All waters
(Salmon): Fishing within 100 yards
of the terminus of Selief Bay
Creek.
[[Page 15159]]
Kodiak Area....................... Afognak Bay (Salmon)--All waters
north and west of a line from the
tip of Last Point to the tip of
River Mouth Point.
Kodiak Area....................... Afognak Island Freshwaters (Salmon)--
All freshwater systems of Afognak
Island.
Kodiak Area....................... Little Kitoi Creek (Salmon)--All
waters 500 yards seaward of the
mouth.
Kodiak Area....................... The waters of the Pacific Ocean
enclosed by the boundaries of
Womens Bay, Gibson Cove (King
Crab), and an area defined by a
line \1/2\ mile on either side of
the mouth of the Karluk River, and
extending seaward 3,000 feet, and
all waters within 1,500 feet
seaward of the shoreline of Afognak
Island.
Southeastern Alaska Area.......... Taku River (Salmon).
Southeastern Alaska Area.......... Neva Lake, Neva Creek, and South
Creek (Sockeye Salmon).
------------------------------------------------------------------------
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:
Sec. __.23: rural determinations;
Sec. __.24: customary and traditional use determinations;
Sec. __.25: general provisions governing the subsistence
take of wildlife, fish, and shellfish;
Sec. __.27: specific provisions governing the subsistence
take of fish; and
Sec. __.28: specific provisions governing the subsistence
take of shellfish.
As such, the text of the proposed 2023-25 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 three
final rules constitute the text of this proposed rule:
The text of the proposed amendments to 36 CFR 242.23 and 242.27 and
50 CFR 100.23 and 100.27 is the final rule for the 2021-2023 regulatory
period for fish (86 FR 17713; April 6, 2021).
The text of the proposed amendments to 36 CFR 242.24 and 50 CFR
100.24 is the final rule for the 2019-2021 regulatory period for fish
(85 FR 74796; November 23, 2020).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2018-20 regulatory period for wildlife
(83 FR 50758; October 9, 2018).
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 fish and
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, with an expiration date of January 31, 2024.
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.
Regulatory Planning and Review (Executive Order 12866)
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 proposed
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,
[[Page 15160]]
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 proposed 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 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 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. 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 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 rule; 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
Theo Matuskowitz drafted this proposed rule under the
guidance of Sue Detwiler 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
2023-24 and 2024-25 regulatory years.
The text of the proposed amendments to 36 CFR 242.23 and 242.27 and
50 CFR 100.23 and 100.27 matches the amendatory instructions in 86 FR
17713; April 6, 2021 (which is the final rule for the 2021-2023
regulatory period for fish).
The text of the proposed amendments to 36 CFR 242.24 and 50 CFR
100.24 matches the amendatory instructions in 85 FR 74796; November 23,
2020 (which is the final rule for the 2019-2021 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 83 FR 50758; October 9,
2018 (which is the final rule for the 2018-20 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).
Sue Detwiler,
Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2022-05616 Filed 3-16-22; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P