[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Rules and Regulations]
[Pages 3079-3085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00461]


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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; FXFR13350700640-167-FF07J00000; 
FBMS#4500096963]
RIN 1018-BA76


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

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

ACTION: Final rule.

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SUMMARY: This final rule establishes regulations for seasons, harvest 
limits, methods, and means related to taking of fish for subsistence 
uses in Alaska during the 2017-2018 and 2018-2019 regulatory years. The 
Federal Subsistence Board (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. This rule also 
revises fish customary and traditional use determinations.

DATES: This rule is effective January 23, 2018.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 
121, Anchorage, AK 99503, or on the Office of Subsistence Management 
website (https://www.doi.gov/subsistence). The comments received in 
response to the proposed rule are available on www.regulations.gov in 
Docket No. FWS-R7-SM-2015-0003.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., 
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 published final regulations in the 
Federal Register on May 29, 1992 (57 FR 22940). The Program managers 
have 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 242.1-242.28 and 50 
CFR 100.1-100.28, 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, USDA 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 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 
Federal Subsistence Regional Advisory Council (Council). The Councils 
provide a forum for rural residents with personal knowledge of local 
conditions and resource requirements to have a meaningful role in the 
subsistence management of fish and wildlife on Federal public lands in 
Alaska. The Council members represent varied geographical, cultural, 
and user interests within each region.
    The Board addresses customary and traditional use determinations 
during the applicable biennial cycle. Section __.24 (customary and 
traditional use determinations) was originally published in the Federal 
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-
established, consistent pattern of use, incorporating beliefs and 
customs which have been transmitted from generation to generation. . . 
.'' Since 1992, the Board has made a number of customary and 
traditional use determinations at the request of affected subsistence 
users. Those modifications, along with some administrative corrections, 
were published in the Federal Register as follows:

                                          Modifications to Sec.   __.24
----------------------------------------------------------------------------------------------------------------
                                                                          Rule made changes to the following
       Federal Register citation             Date of publication                 provisions  of __.24
----------------------------------------------------------------------------------------------------------------
59 FR 27462............................  May 27, 1994..............  Wildlife and Fish/Shellfish.
59 FR 51855............................  October 13, 1994..........  Wildlife and Fish/Shellfish.
60 FR 10317............................  February 24, 1995.........  Wildlife and Fish/Shellfish.

[[Page 3080]]

 
61 FR 39698............................  July 30, 1996.............  Wildlife and Fish/Shellfish.
62 FR 29016............................  May 29, 1997..............  Wildlife and Fish/Shellfish.
63 FR 35332............................  June 29, 1998.............  Wildlife and Fish/Shellfish.
63 FR 46148............................  August 28, 1998...........  Wildlife and Fish/Shellfish.
64 FR 1276.............................  January 8, 1999...........  Fish/Shellfish.
64 FR 35776............................  July 1, 1999..............  Wildlife.
65 FR 40730............................  June 30, 2000.............  Wildlife.
66 FR 10142............................  February 13, 2001.........  Fish/Shellfish.
66 FR 33744............................  June 25, 2001.............  Wildlife.
67 FR 5890.............................  February 7, 2002..........  Fish/Shellfish.
67 FR 43710............................  June 28, 2002.............  Wildlife.
68 FR 7276.............................  February 12, 2003.........  Fish/Shellfish.
69 FR 5018.............................  February 3, 2004..........  Fish/Shellfish.
69 FR 40174............................  July 1, 2004..............  Wildlife.
70 FR 13377............................  March 21, 2005............  Fish/Shellfish.
70 FR 36268............................  June 22, 2005.............  Wildlife.
71 FR 15569............................  March 29, 2006............  Fish/Shellfish.
71 FR 37642............................  June 30, 2006.............  Wildlife.
72 FR 12676............................  March 16, 2007............  Fish/Shellfish.
72 FR 73426............................  December 27, 2007.........  Wildlife/Fish.
73 FR 35726............................  June 26, 2008.............  Wildlife.
74 FR 14049............................  March 30, 2009............  Fish/Shellfish.
75 FR 37918............................  June 30, 2010.............  Wildlife.
76 FR 12564............................  March 8, 2011.............  Fish/Shellfish.
77 FR 35482............................  June 13, 2012.............  Wildlife.
79 FR 35232............................  June 19, 2014.............  Wildlife.
81 FR 52528............................  August 8, 2016............  Wildlife.
----------------------------------------------------------------------------------------------------------------

Current Rule

    The Departments published a proposed rule on February 22, 2016 (81 
FR 8675), to amend the fish section of subparts C and D of 36 CFR part 
242 and 50 CFR part 100. The proposed rule opened a comment period, 
which closed on April 1, 2016. The Departments advertised the proposed 
rule by mail, email, web page, social media, radio, and newspaper, and 
comments were submitted via www.regulations.gov to Docket No. FWS-R7-
SM-2015-0003. During that period, the Councils met and, in addition to 
other Council business, received suggestions for proposals from the 
public. The Board received a total of 15 proposals for changes to 
subparts C and D; this included 1 proposal that was deemed invalid 
because it was beyond the scope of the Board's authority. After the 
comment period closed, the Board prepared a booklet describing the 
proposals and distributed it to the public. The proposals were also 
available online. The public then had an additional 45 days in which to 
comment on the proposals for changes to the regulations.
    The 10 Councils met again, received public comments, and formulated 
their recommendations to the Board on proposals for their respective 
regions. The Councils had a substantial role in reviewing the proposed 
rule and making recommendations for the final rule. Moreover, a Council 
Chair, or a designated representative, presented each Council's 
recommendations at the Board's public meeting of January 10-12, 2017. 
These final regulations reflect Board review and consideration of 
Council recommendations, Tribal and Alaska Native corporation 
consultations, and public comments. The public received extensive 
opportunity to review and comment on all changes.
    Of the 14 valid proposals, 10 were on the Board's regular agenda 
and 4 were on the consensus agenda. The consensus agenda is made up of 
proposals for which there is agreement among the affected Councils, a 
majority of the Interagency Staff Committee members, and the Alaska 
Department of Fish and Game concerning a proposed regulatory action. 
Anyone may request that the Board remove a proposal from the consensus 
agenda and place it on the non-consensus (regular) agenda. The Board 
votes en masse on the consensus agenda after deliberation and action on 
all other proposals.
    Of the proposals on the consensus agenda, the Board adopted one; 
adopted two with modification; and rejected one. Analysis and 
justification for the action taken on each proposal on the consensus 
agenda are available for review at the Office of Subsistence 
Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503, 
or on the Office of Subsistence Management website (https://www.doi.gov/subsistence). Of the proposals on the regular (non-
consensus) agenda, the Board adopted one; adopted three with 
modification; rejected one; deferred one; withdrew three at the 
requests of the proponents; and took no action on one.

Summary of Non-Consensus Proposals Not Adopted by the Board

    The Board rejected, deferred, or took no action on three non-
consensus proposals. The rejected proposals were recommended for 
rejection by one or more of the Councils unless noted below.

Yukon-Northern Area

    The Board rejected a proposal to allow for the harvest of early-run 
Chinook Salmon in sub-district 5D of the Yukon River based on 
conservation concerns and treaty obligations. This action was supported 
by three Councils and contrary to the recommendation of one Council.

Kuskokwim Area

    The Board deferred action on one proposal to restructure the 
management plans, fishing schedules, and methods and means and allow 
for independent action to be taken by the in-season

[[Page 3081]]

manager on the Kuskokwim River. Action on this proposal was deferred 
until the next fish cycle, until the affected entities come to a 
conclusion, or a request to readdress this proposal is submitted.

Cook Inlet Area

    The Board took no action on one proposal for the Kenai River. This 
decision was based on its earlier action on a similar proposal 
addressing a community gillnet.

Summary of Non-Consensus Proposals Adopted by the Board

    The Board adopted or adopted with modification four non-consensus 
proposals. Modifications were suggested by the affected Council(s), 
developed during the analysis process, or developed during the Board's 
public deliberations. All of the adopted proposals were recommended for 
adoption by at least one of the Councils unless noted below.

Yukon-Northern Area

    The Board adopted a proposal to revise harvest limits to allow 
harvest once the mid-range of the interim management escapement goal 
and the total allowable catch goal are projected to be achieved on the 
Yukon River.
    The Board adopted a proposal with modification to revise the 
methods and means for the use of gillnets in Racetrack Slough of the 
Koyukuk River and the sloughs of the Huslia River drainage.

Cook Inlet Area

    The Board adopted a proposal with modification to revise the season 
dates for the experimental community gillnet fishery on the Kasilof 
River for the residents of Ninilchik.
    The Board adopted a proposal to revise the season dates, reporting 
requirements, and household harvest limits, require the live release of 
Rainbow Trout and Dolly Varden, remove the requirement of an 
operational plan, and revise permit conditions for the community 
gillnet fishery on the Kenai River for the residents of Ninilchik.
    These final regulations reflect Board review and consideration of 
Council recommendations, Tribal and Alaska Native corporation 
consultations, and public comments. Because this rule concerns public 
lands managed by an agency or agencies in both the Departments of 
Agriculture and the Interior, identical text will be incorporated into 
36 CFR part 242 and 50 CFR part 100.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

    The Board has provided extensive opportunity for public input and 
involvement in compliance with Administrative Procedure Act 
requirements, including publishing a proposed rule in the Federal 
Register, participation in multiple Council meetings, additional public 
review and comment on all proposals for regulatory change, and 
opportunity for additional public comment during the Board meeting 
prior to deliberation. Additionally, an administrative mechanism exists 
(and has been used by the public) to request reconsideration of the 
Board's decision on any particular proposal for regulatory change (36 
CFR 242.20 and 50 CFR 100.20). Therefore, the Board believes that 
sufficient public notice and opportunity for involvement have been 
given to affected persons regarding Board decisions.
    In the more than 25 years that the Program has been operating, no 
benefit to the public has been demonstrated by delaying the effective 
date of the subsistence regulations. A lapse in regulatory control 
could affect the continued viability of fish or wildlife populations 
and future subsistence opportunities for rural Alaskans, and would 
generally fail to serve the overall public interest. Therefore, the 
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule 
effective upon the date set forth in DATES to ensure continued 
operation of the subsistence program.

National Environmental Policy Act Compliance

    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.
    The following Federal Register documents pertain to this 
rulemaking:

 Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
                                          Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
  Federal Register  citation         Date of publication            Category of document            Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940...................  May 29, 1992.................  Final Rule...................  ``Subsistence
                                                                                               Management
                                                                                               Regulations for
                                                                                               Public Lands in
                                                                                               Alaska; Final
                                                                                               Rule'' was
                                                                                               published in the
                                                                                               Federal Register.
64 FR 1276....................  January 8, 1999..............  Final Rule...................  Amended the
                                                                                               regulations to
                                                                                               include
                                                                                               subsistence
                                                                                               activities
                                                                                               occurring on
                                                                                               inland navigable
                                                                                               waters in which
                                                                                               the United States
                                                                                               has a reserved
                                                                                               water right and
                                                                                               to identify
                                                                                               specific Federal
                                                                                               land units where
                                                                                               reserved water
                                                                                               rights exist.
                                                                                               Extended the
                                                                                               Federal
                                                                                               Subsistence
                                                                                               Board's
                                                                                               management to all
                                                                                               Federal lands
                                                                                               selected under
                                                                                               the Alaska Native
                                                                                               Claims Settlement
                                                                                               Act and the
                                                                                               Alaska Statehood
                                                                                               Act and situated
                                                                                               within the
                                                                                               boundaries of a
                                                                                               Conservation
                                                                                               System Unit,
                                                                                               National
                                                                                               Recreation Area,
                                                                                               National
                                                                                               Conservation
                                                                                               Area, or any new
                                                                                               national forest
                                                                                               or forest
                                                                                               addition, until
                                                                                               conveyed to the
                                                                                               State of Alaska
                                                                                               or to an Alaska
                                                                                               Native
                                                                                               Corporation.
                                                                                               Specified and
                                                                                               clarified the
                                                                                               Secretaries'
                                                                                               authority to
                                                                                               determine when
                                                                                               hunting, fishing,
                                                                                               or trapping
                                                                                               activities taking
                                                                                               place in Alaska
                                                                                               off the public
                                                                                               lands interfere
                                                                                               with the
                                                                                               subsistence
                                                                                               priority.
66 FR 31533...................  June 12, 2001................  Interim Rule.................  Expanded the
                                                                                               authority that
                                                                                               the Federal
                                                                                               Subsistence Board
                                                                                               may delegate to
                                                                                               agency field
                                                                                               officials and
                                                                                               clarified the
                                                                                               procedures for
                                                                                               enacting
                                                                                               emergency or
                                                                                               temporary
                                                                                               restrictions,
                                                                                               closures, or
                                                                                               openings.

[[Page 3082]]

 
67 FR 30559...................  May 7, 2002..................  Final Rule...................  Amended the
                                                                                               operating
                                                                                               regulations in
                                                                                               response to
                                                                                               comments on the
                                                                                               June 12, 2001,
                                                                                               interim rule.
                                                                                               Also corrected
                                                                                               some inadvertent
                                                                                               errors and
                                                                                               oversights of
                                                                                               previous rules.
68 FR 7703....................  February 18, 2003............  Direct Final Rule............  Clarified how old
                                                                                               a person must be
                                                                                               to receive
                                                                                               certain
                                                                                               subsistence use
                                                                                               permits and
                                                                                               removed the
                                                                                               requirement that
                                                                                               Regional Advisory
                                                                                               Councils must
                                                                                               have an odd
                                                                                               number of
                                                                                               members.
68 FR 23035...................  April 30, 2003...............  Affirmation of Direct Final    Because no adverse
                                                                Rule.                          comments were
                                                                                               received on the
                                                                                               direct final rule
                                                                                               (67 FR 30559),
                                                                                               the direct final
                                                                                               rule was adopted.
69 FR 60957...................  October 14, 2004.............  Final Rule...................  Clarified the
                                                                                               membership
                                                                                               qualifications
                                                                                               for Regional
                                                                                               Advisory Council
                                                                                               membership and
                                                                                               relocated the
                                                                                               definition of
                                                                                               ``regulatory
                                                                                               year'' from
                                                                                               subpart A to
                                                                                               subpart D of the
                                                                                               regulations.
70 FR 76400...................  December 27, 2005............  Final Rule...................  Revised
                                                                                               jurisdiction in
                                                                                               marine waters and
                                                                                               clarified
                                                                                               jurisdiction
                                                                                               relative to
                                                                                               military lands.
71 FR 49997...................  August 24, 2006..............  Final Rule...................  Revised the
                                                                                               jurisdiction of
                                                                                               the subsistence
                                                                                               program by adding
                                                                                               submerged lands
                                                                                               and waters in the
                                                                                               area of Makhnati
                                                                                               Island, near
                                                                                               Sitka, AK. This
                                                                                               allowed
                                                                                               subsistence users
                                                                                               to harvest marine
                                                                                               resources in this
                                                                                               area under
                                                                                               seasons, harvest
                                                                                               limits, and
                                                                                               methods specified
                                                                                               in the
                                                                                               regulations.
72 FR 25688...................  May 7, 2007..................  Final Rule...................  Revised nonrural
                                                                                               determinations.
75 FR 63088...................  October 14, 2010.............  Final Rule...................  Amended the
                                                                                               regulations for
                                                                                               accepting and
                                                                                               addressing
                                                                                               special action
                                                                                               requests and the
                                                                                               role of the
                                                                                               Regional Advisory
                                                                                               Councils in the
                                                                                               process.
76 FR 56109...................  September 12, 2011...........  Final Rule...................  Revised the
                                                                                               composition of
                                                                                               the Federal
                                                                                               Subsistence Board
                                                                                               by expanding the
                                                                                               Board by two
                                                                                               public members
                                                                                               who possess
                                                                                               personal
                                                                                               knowledge of and
                                                                                               direct experience
                                                                                               with subsistence
                                                                                               uses in rural
                                                                                               Alaska.
77 FR 12477...................  March 1, 2012................  Final Rule...................  Extended the
                                                                                               compliance date
                                                                                               for the final
                                                                                               rule (72 FR
                                                                                               25688, May 7,
                                                                                               2007) that
                                                                                               revised nonrural
                                                                                               determinations
                                                                                               until the
                                                                                               Secretarial
                                                                                               program review is
                                                                                               complete or in 5
                                                                                               years, whichever
                                                                                               comes first.
80 FR 68249...................  November 4, 2015.............  Final Rule...................  Revised the
                                                                                               nonrural
                                                                                               determination
                                                                                               process and
                                                                                               allowed the
                                                                                               Federal
                                                                                               Subsistence Board
                                                                                               to define which
                                                                                               communities and
                                                                                               areas are
                                                                                               nonrural.
----------------------------------------------------------------------------------------------------------------

    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 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 of 1995 (PRA)

    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 rule 
does not contain any new collections of information that require OMB 
approval. 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, which expires 
June 30, 2019.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    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 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.

[[Page 3083]]

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 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 summary impact statement. 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 provide specific rights to tribes for the subsistence taking 
of wildlife, fish, and shellfish. However, the Board provided Federally 
recognized Tribes and Alaska Native corporations opportunities 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, provided a variety of 
opportunities for consultation: Commenting on proposed changes to the 
existing rule; engaging in dialogue at the Council meetings; engaging 
in dialogue at the Board's meetings; and providing input in person, by 
mail, email, or phone at any time during the rulemaking process.
    On April 12, 2016, the Board provided Federally recognized Tribes 
and Alaska Native Corporations a specific opportunity to consult on 
this rule prior to the start of its public regulatory meeting. 
Federally recognized Tribes and Alaska Native Corporations were 
notified by mail and telephone and were given the opportunity to attend 
in person or via teleconference.

Executive Order 13211

    This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. However, this 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 
Eugene R. Peltola, Jr. 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;
     Carol Damberg, 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.

Regulation Promulgation

    For the reasons set out in the preamble, the Federal Subsistence 
Board amends title 36, part 242, and title 50, part 100, of the Code of 
Federal Regulations, as set forth below.

PART ____--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 
continues to read as follows:

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.

Subpart C--Board Determinations

0
2. Amend Sec.  ____.24(a)(2) in the table by revising the seventh entry 
under ``PRINCE WILLIAM SOUND AREA:'' to read as follows:


Sec.  ____.24  Customary and traditional use determinations.

    (a) * * *
    (2) * * *

[[Page 3084]]



------------------------------------------------------------------------
            Area                     Species            Determination
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
                        Prince William Sound Area
------------------------------------------------------------------------
 
                              * * * * * * *
Glennallen Subdistrict of     Salmon..............  Residents of the
 the Upper Copper River                              Prince William
 District.                                           Sound Area and
                                                     residents of
                                                     Cantwell,
                                                     Chickaloon,
                                                     Chisana, Dot Lake,
                                                     Dry Creek, Healy
                                                     Lake, Northway,
                                                     Tanacross, Tetlin,
                                                     Tok, and those
                                                     individuals living
                                                     along the Alaska
                                                     Highway from the
                                                     Alaskan/Canadian
                                                     border to Dot Lake,
                                                     along the Tok
                                                     Cutoff from Tok to
                                                     Mentasta Pass, and
                                                     along the Nabesna
                                                     Road.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Subpart D--Subsistence Taking of Fish and Wildlife

0
3. Amend Sec.  ____.27 by:
0
a. Adding paragraph (e)(3)(xiii)(B);
0
b. Revising paragraphs (e)(3)(xv)(A) and (B);
0
c. Adding paragraph (e)(3)(xvi)(F);
0
d. Revising paragraph (e)(10)(iv)(I) introductory text, and paragraph 
(e)(10)(iv)(J); and
0
f. Revising paragraph (e)(13)(ix).
    The additions and revisions read as follows:


Sec.  ____.27  Subsistence taking of fish.

* * * * *
    (e) * * *
    (3) * * *
    (xiii) * * *
    (B) In Subdistrict 5D you may take salmon once the mid-range of the 
Canadian interim management escapement goal and the total allowable 
catch goal are projected to be achieved.
* * * * *
    (xv) * * *
    (A) In Subdistrict 4A upstream from the mouth of Stink Creek, you 
may take Chinook salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14, and chum salmon by drift gillnets after 
August 2; unless closed by the Federal In-season Manager; from June 10 
through August 2, the Federal In-season Manager may open fishing 
periods during which chum salmon may be taken by drift gillnets.
    (B) In Subdistrict 4A downstream from the mouth of Stink Creek, you 
may take Chinook salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14; unless closed by the Federal In-season 
Manager; from June 10 through August 2, the Federal In-season Manager 
may open fishing periods during which chum salmon may be taken by drift 
gillnets.
* * * * *
    (xvi) * * *
    (F) In Racetrack Slough on the Koyukuk River and in the sloughs of 
the Huslia River drainage, from when each river is free of ice through 
June 15, the offshore end of the set gillnet may not be closer than 20 
feet from the opposite bank except that sloughs 40 feet or less in 
width may have \3/4\ width coverage with set gillnet, unless closed by 
Federal special action.
* * * * *
    (10) * * *
    (iv) * * *
    (I) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon through an experimental community gillnet fishery in the 
Federal public waters of the upper mainstem of the Kasilof River from a 
Federal regulatory marker on the river below the outlet of Tustumena 
Lake downstream to the Tustumena Lake boat launch June 16-August 15. 
The experimental community gillnet fishery will expire 5 years after 
approval of the first operational plan.
* * * * *
    (J) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon in the Federal public waters of the Kenai River with a 
single gillnet to be managed and operated by the Ninilchik Traditional 
Council. Ninilchik residents may retain other species incidentally 
caught in the Kenai River except for rainbow trout and Dolly Varden; 
all rainbow trout and Dolly Varden must be released.
    (1) Only one community gillnet can be operated on the Kenai River. 
The gillnet cannot be over 10 fathoms in length, must be no larger than 
5.25-inch mesh, and may not obstruct more than half of the river width 
with stationary fishing gear. Subsistence stationary gillnet gear may 
not be set within 200 feet of other subsistence stationary gear.
    (2) One registration permit will be available and will be awarded 
by the Federal in-season fishery manager, in consultation with the 
Kenai National Wildlife Refuge manager. The registration permit will be 
issued to the Ninilchik Traditional Council.
    (i) As the community gillnet owner, the Ninilchik Traditional 
Council will be responsible for its use and removal in consultation 
with the Federal fishery manager.
    (ii) As part of the permit, after the season, the Ninilchik 
Traditional Council must provide written documentation of required 
evaluation information to the Federal fishery manager including, but 
not limited to, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (3) The Ninilchik Traditional Council may operate the net for 
subsistence purposes on behalf of residents of Ninilchik by requesting 
a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for fishing the 
gillnet;
    (ii) Includes provisions for recording daily catches within 72 
hours, the household to whom the catch was given, and other information 
determined to be necessary for effective resource management by the 
Federal fishery manager.
    (4) Fishing will be allowed from July 1 through August 15 and 
September 10-30 on the Kenai River unless closed or otherwise 
restricted by Federal special action.
    (5) Salmon taken in the gillnet fishery will be included as part of 
the dip net/rod and reel household annual limits for the Kenai River of 
participating households.
    (6) Fishing for each salmon species will end and the fishery will 
be closed by Federal special action prior to regulatory end dates if 
the annual total harvest limit for that species is reached or 
superseded by Federal special action.
* * * * *
    (13) * * *

[[Page 3085]]

    (ix) Nets are prohibited in streams flowing across or adjacent to 
the roads on Wrangell and Mitkof islands, and in streams flowing across 
or adjacent to the road systems connected to the community of Sitka.
* * * * *

    Dated: December 5, 2017.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and Wildlife Service Acting 
Chair, Federal Subsistence Board.
    Dated: December 6, 2017.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2018-00461 Filed 1-22-18; 8:45 am]
 BILLING CODE 3410-11-P; 4333-15-P