[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Proposed Rules]
[Pages 8675-8679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03248]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2015-0003; FXRS12610700000-156-FF07J00000; FBMS 
#4500089925]
RIN 1018-BA76


Subsistence Management Regulations for Public Lands in Alaska--
2017-18 and 2018-19 Subsistence Taking of Fish and Shellfish 
Regulations

AGENCY: 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 2017-2018 and 
2018-2019 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. When final, the resulting rulemaking will replace the 
existing subsistence fish and shellfish taking regulations. This 
proposed 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 March 7 through March 11, 2016, 
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 September 28 
and November 2, 2016. The Board will discuss and evaluate proposed 
regulatory changes during a public meeting in Anchorage, AK, in January 
2017. See SUPPLEMENTARY INFORMATION for specific information on dates 
and locations of the public meetings.

[[Page 8676]]

    Public comments: Comments and proposals to change this proposed 
rule must be received or postmarked by April 1, 2016.

ADDRESSES: Public meetings: The Federal Subsistence Board and the 
Federal Subsistence 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-2015-0003, 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: Gene Peltola, Office of 
Subsistence Management; (907) 786-3888 or [email protected]. For 
questions specific to National Forest System lands, contact Thomas 
Whitford, Regional Subsistence Program Leader, USDA, Forest Service, 
Alaska Region; (907) 743-9461 or [email protected].

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 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, 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 Federal Subsistence 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 Federal Subsistence Regional Advisory Councils, will hold 
public meetings on this proposed rule at the following location in 
Alaska, on the following dates:

Joint Regional Advisory Council Meeting, Anchorage, March 7-11, 2016

    During April 2016, the written proposals to change the regulations 
at subpart D, take of fish and shellfish, 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 26, 2016, written public comments 
will be accepted on the distributed proposals.
    The Board, through the Regional Advisory Councils, will hold a 
second series of public meetings in August through October 2016, 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, Petersburg, October 4, 2016
Region 2--Southcentral Regional Council, Anchorage, October 18, 2016
Region 3--Kodiak/Aleutians Regional Council, Cold Bay, September 28, 
2016
Region 4--Bristol Bay Regional Council, Dillingham, October 26, 2016
Region 5--Yukon-Kuskokwim Delta Regional Council, Bethel, October 12, 
2016
Region 6--Western Interior Regional Council, McGrath, October 11, 2016
Region 7--Seward Peninsula Regional Council, Nome, November 1, 2016
Region 8--Northwest Arctic Regional Council, Selawik, October 5, 2016
Region 9--Eastern Interior Regional Council, Fort Yukon, October 25, 
2016
Region 10--North Slope Regional Council, Barrow, November 1, 2016

    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, Alaska, in January 2017. 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

[[Page 8677]]

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.
    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, 
__.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 distributed for public review, no additional changes 
may be made as part of the original submission. During the January 2017 
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 http://www.regulations.gov, your entire comment, 
including any personal identifying information, will be posted on the 
Web site. 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 http://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 http://www.regulations.gov, or by 
appointment, 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 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 Deborah Coble, 907-786-3880, 
[email protected], or 800-877-8339 (TTY), seven 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 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 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 2017-18 and 2018-19 Fish and Shellfish Seasons and 
Harvest Limit Proposed Regulations

    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.
    The current subsistence program regulations form the starting point 
for consideration during each new rulemaking cycle. Therefore, the text 
of three final rules form the text of this proposed rule for the 2015-
17 subparts C and D regulations:
    The text of the proposed amendments to 36 CFR 242.24 and 50 CFR 
100.24 is the final rule for the 2014-2016 regulatory period for 
wildlife (79 FR 35232; June 19, 2014).
    The text of the proposed amendments to 36 CFR 242.25 and 242.27 and 
50 CFR 100.25 and 100.27 is the final rule for the 2015-17 regulatory 
period for fish (80 FR 28187; May 18, 2015).
    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

[[Page 8678]]

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 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. That 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 (PRA)

    This proposed rule does not contain any new collections of 
information that require 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 Office of 
Management and Budget (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, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
In general, the resources to be harvested under this 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 public lands. 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 
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

    The Alaska National Interest Lands Conservation Act, Title VIII, 
does not

[[Page 8679]]

provide specific rights to tribes for the subsistence taking of 
wildlife, fish, and shellfish. However, the Secretaries, through the 
Board, will provide Federally recognized Tribes and Alaska Native 
corporations an opportunity to consult on this proposed 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 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 these regulations under the guidance of 
Gene Peltola of the Office of Subsistence Management, Alaska Regional 
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional 
assistance was provided by:
     Daniel Sharp, Alaska State Office, Bureau of Land 
Management;
     Mary McBurney, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Trevor Fox, Alaska Regional Office, U.S. Fish and Wildlife 
Service; and
     Thomas Whitford, 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 
2017-18 and 2018-19 regulatory years.
    The text of the proposed amendments to 36 CFR 242.24 and 50 CFR 
100.24 is the final rule for the 2014-2016 regulatory period for 
wildlife (79 FR 35232; June 19, 2014).
    The text of the proposed amendments to 36 CFR 242.25 and 242.27 and 
50 CFR 100.25 and 100.27 is the final rule for the 2015-17 regulatory 
period for fish (80 FR 28187; May 18, 2015).
    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).

    Dated: February 2, 2016.
Gene Peltola,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting 
Chair, Federal Subsistence Board.
    Dated: February 2, 2016.
Thomas Whitford,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2016-03248 Filed 2-19-16; 8:45 am]
 BILLING CODE 3410-11-4333-15-P