[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Proposed Rules]
[Pages 12689-12694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05848]


=======================================================================
-----------------------------------------------------------------------

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-2017-0096; FXFR13350700640-189-FF07J00000; FBMS 
#4500117020]
RIN 1018-BC06


Subsistence Management Regulations for Public Lands in Alaska--
2019-20 and 2020-21 Subsistence Taking of Fish and Shellfish 
Regulations

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

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 2019-2020 and 
2020-2021 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 comments: Comments and proposals to change this proposed 
rule must be received or postmarked by April 23, 2018.
    Public meetings: The Federal Subsistence Regional Advisory Councils 
held public meetings to receive comments and make proposals to change 
this proposed rule February 13 through March 14, 2018, 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 August 21 and November 6, 
2018. The Board will discuss and evaluate proposed regulatory changes 
during a public meeting in Anchorage, AK, in January 2019. See 
SUPPLEMENTARY INFORMATION for specific information on dates and 
locations of the public meetings.

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: 
http://www.regulations.gov and search for FWS-R7-SM-2017-0096, 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

[[Page 12690]]

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 (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, held public 
meetings on this proposed rule at the following locations in Alaska, on 
the following dates:

Region 1--Southeast Regional Council.  Wrangell............................  February 13, 2018.
Region 2--Southcentral Regional        Anchorage...........................  March 6, 2018.
 Council.
Region 3--Kodiak/Aleutians Regional    Kodiak..............................  February 22, 2018.
 Council.
Region 4--Bristol Bay Regional         Naknek..............................  March 13, 2018.
 Council.
Region 5--Yukon-Kuskokwim Delta        Bethel..............................  March 14, 2018.
 Regional Council.
Region 6--Western Interior Regional    Anchorage...........................  February 20, 2018.
 Council.
Region 7--Seward Peninsula Regional    Nome................................  March 5, 2018.
 Council.
Region 8--Northwest Arctic Regional    Kotzebue............................  February 28, 2018.
 Council.
Region 9--Eastern Interior Regional    Fairbanks...........................  February 28, 2018.
 Council.
Region 10--North Slope Regional        Utqigvik............................  February 14, 2018.
 Council.
 

    During April 2018, 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 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 is presently scheduled to end June 1, 2018.
    The Board, through the Regional Advisory Councils, will hold a 
second series of public meetings in August through November 2018, 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.  Sitka...............................  October 2, 2018.
Region 2--Southcentral Regional        TBD.................................  October 29, 2018.
 Council.
Region 3--Kodiak/Aleutians Regional    Sand Point..........................  September 18, 2018.
 Council.
Region 4--Bristol Bay Regional         Dillingham..........................  November 6, 2018.
 Council.

[[Page 12691]]

 
Region 5--Yukon-Kuskokwim Delta        Bethel..............................  September 27, 2018.
 Regional Council.
Region 6--Western Interior Regional    Galena..............................  October 10, 2018.
 Council.
Region 7--Seward Peninsula Regional    Nome................................  October 23, 2018.
 Council.
Region 8--Northwest Arctic Regional    Anchorage...........................  October 24, 2018.
 Council.
Region 9--Eastern Interior Regional    Tanana..............................  October 9, 2018.
 Council.
Region 10--North Slope Regional        Point Hope..........................  August 21, 2018.
 Council.
 

    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 2019. 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, __.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 2019 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 
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 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 at Docket 
No. FWS-R7-SM-2017-0096, 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 Caron McKee, 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 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

[[Page 12692]]

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 2019-20 and 2020-21 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, and 
nonrural determinations during the fish and shellfish cycle.
    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 2019-21 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 four 
final rules constitute the text of this proposed rule:
    The text of the proposed amendments to 36 CFR 242.23 and 50 CFR 
100.23 is the final rule for Rural Determinations, Nonrural List (80 FR 
68245; November 4, 2015).
    The text of the proposed amendments to 36 CFR 242.24 and 242.27 and 
50 CFR 100.24 and 100.27 is the final rule for the 2017-2019 regulatory 
period for fish (83 FR 3079; January 23, 2018).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 is the final rule for the 2015-17 regulatory period for fish (80 
FR 28192; 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 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. 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 242 and 50 CFR 
100, and assigned OMB Control Number 1018-0075, which expires June 20, 
2019. 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

[[Page 12693]]

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 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 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 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. 
Consultations 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 this proposed rule 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;
     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.

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 
2019-20 and 2020-21 regulatory years.
    The text of the proposed amendments to 36 CFR 242.23 and 50 CFR 
100.23 is the final rule for rural determinations that set forth the 
nonrural list (80 FR 68245; November 4, 2015).
    The text of the proposed amendments to 36 CFR 242.24 and 242.27 and 
50 CFR 100.24 and 100.27 is the final rule for the 2017-2019 regulatory 
period for fish (83 FR 3079; January 23, 2018).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 is the final rule for the 2015-17 regulatory period for fish (80 
FR 28192; 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).


[[Page 12694]]


    Dated: December 12, 2017.
Eugene R. Peltola, Jr.
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting 
Chair, Federal Subsistence Board.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.

    Editorial Note: The Office of the Federal Register received this 
document on March 19, 2018.

[FR Doc. 2018-05848 Filed 3-22-18; 8:45 am]
BILLING CODE 3411-15-P; 4333-15-P