[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Proposed Rules]
[Pages 23621-23624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10735]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

[NPS-AKRO-25579; PPAKAKROZ5, PPMPRLE1Y.L00000]
RIN 1024-AE38


Alaska; Hunting and Trapping in National Preserves

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend its regulations 
for sport hunting and trapping in national preserves in Alaska. This 
proposed rule would remove a regulatory provision issued by the 
National Park Service in 2015 that prohibited certain sport hunting 
practices that are otherwise permitted by the State of Alaska. These 
proposed changes are consistent with Secretary of the Interior Orders 
3347 and 3356.

DATES: Comments on the proposed rule must be received by 11:59 p.m. EST 
on July 23, 2018.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE38, by either of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: National Park Service, Regional 
Director, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 
99501.
     Instructions: Comments will not be accepted by fax, email, 
or in any way other than those specified above. All submissions 
received must include the words ``National Park Service'' or ``NPS'' 
and must include the docket number or RIN (1024-AE38) for this 
rulemaking. Comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Herbert C. Frost, Regional Director, 
Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Phone 
(907) 644-3510. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On October 23, 2015, the National Park Service (NPS) published a 
final rule (Final Rule) to amend its regulations for sport hunting and 
trapping in national preserves in Alaska (80 FR 64325). The Final Rule 
codified prohibitions on certain types of harvest practices that are 
otherwise permitted by the State of Alaska. The practices are: Taking 
any black bear, including cubs and sows with cubs, with artificial 
light at den sites; harvesting brown bears over bait; taking wolves and 
coyotes (including pups) during the denning season (between May 1 and 
August 9); taking swimming caribou; taking caribou from motorboats 
under power; taking black bears over bait; and using dogs to hunt black 
bears. This rule is inconsistent with State of Alaska's hunting 
regulations found at 5 AAC Part 85.
    Since the publication of the Final Rule, the Secretary of the 
Interior issued two Secretarial Orders regarding how the Department of 
the Interior should manage recreational hunting and trapping in the 
lands and waters it administers, and directing greater collaboration 
with state, tribe, and territorial partners in doing so.
    On March 2, 2017, Secretary Zinke signed Secretarial Order 3347, 
Conservation Stewardship and Outdoor Recreation. Part of the stated 
purpose of Secretarial Order 3347 is to increase outdoor recreation and 
improve the management of game species and their habitat. Secretarial 
Order 3347 directs the Department of the Interior to identify specific 
actions to (1) expand access significantly for recreational hunting and 
fishing on public lands; and (2) improve recreational hunting

[[Page 23622]]

and fishing cooperation, consultation, and communication with state 
wildlife managers.
    On September 15, 2017, Secretary Zinke signed Secretarial Order 
3356, Hunting, Fishing, Recreational Shooting, and Wildlife 
Conservation Opportunities and Coordination with State, Tribes, and 
Territories. Part of the stated purpose of Secretarial Order 3356 is to 
increase outdoor recreation opportunities for all Americans in greater 
collaboration with state partners, including opportunities to hunt. 
Secretarial Order 3356 directs the NPS to (1) identify whether hunting 
opportunities on Department lands could be expanded; (2) work 
cooperatively with state wildlife agencies to enhance their access to 
Department lands for wildlife management actions; (3) work 
cooperatively with state wildlife agencies to ensure that hunting 
regulations for Department lands and waters complement the regulations 
on the surrounding lands and waters; and (4) work in close coordination 
and cooperation with the appropriate state wildlife agency to begin the 
necessary process to modify regulations in order to advance shared 
wildlife conservation goals/objectives that align predator management 
programs, seasons, and methods of take permitted on all Department-
managed lands and waters with corresponding programs, seasons, and 
methods established by state wildlife management agencies.
    The purpose of this proposed rule is to align sport hunting 
regulations in national preserves in Alaska with State of Alaska 
regulations and to enhance consistency with harvest regulations on 
surrounding non-federal lands and waters in furtherance of Secretarial 
Orders 3347 and 3356. The proposed rule would apply the State of 
Alaska's hunting regulations to national preserve lands, with limited 
exceptions found elsewhere in NPS regulations. See, e.g., 36 CFR 
13.42(d).
    The 2015 Final Rule prohibits the hunting practices otherwise 
permitted by the State of Alaska because NPS found those practices: (1) 
To have intent or potential to alter or manipulate natural predator-
prey dynamics, and associated natural ecological processes for the 
purpose of increasing harvest of ungulates by man; (2) to adversely 
impact public safety; or (3) to be inconsistent with federal law 
authorizing sport hunting in national preserves in Alaska. However, 
states have primary jurisdiction to manage wildlife throughout their 
state. In addition, NPS has broad discretion in managing wildlife on 
national preserves under applicable laws, policies, and regulations.
    Taking into account the Secretarial Orders described above, NPS has 
re-considered its earlier conclusions and determined that these 
previously prohibited practices can be allowed consistent with the goal 
of aligning its rules with those of the State. Allowing these practices 
is consistent with NPS Management Policy 4.4.3 which provides that NPS 
does not allow activities to reduce the numbers of native species for 
the purpose of increasing the numbers of harvested species. The 
discussion in the 2015 rule of an action's ``intent or potential'' to 
manipulate predator dynamics goes beyond the plain language of section 
4.4.3 of Management Policies. Additionally, the State of Alaska 
disputes that the hunting methods and seasons (allowed by the state but 
prohibited by current NPS regulations) are intended to function as a 
predator control program. Rather, the State asserts the hunting 
regulations are intended to provide opportunity for harvests of wolves, 
coyotes, bears, and other species as requested by the public. The State 
also maintains that any effects to the natural abundances, diversities, 
distributions, densities, age-class distributions, populations, 
habitats, genetics, and behaviors of wildlife from implementing its 
regulations are likely negligible. As noted below, NPS will prepare an 
environmental assessment for this regulation to determine whether it 
will have any significant impacts on wildlife or other resources.
    With respect to the practices that NPS previously determined to be 
inconsistent with federal law authorizing harvest for sport purposes in 
national preserves in Alaska, no applicable federal law or regulation 
defines ``sport hunting.'' With regard to NPS's statement in the 2015 
rule that baiting poses an increased public safety risk, the State of 
Alaska's position is that baiting does not cause bears to become food-
conditioned, and therefore a greater safety concern.

Proposed Rule

    For the above stated reasons, the NPS proposes to remove paragraphs 
(f) and (g) of 36 CFR 13.42. Paragraph (f) states that State of Alaska 
management actions or laws or regulations that authorize taking of 
wildlife are not adopted in park areas if they are related to predator 
reduction efforts, which is defined as efforts with the intent or 
potential to alter or manipulate natural predator-prey dynamics and 
associated natural ecological processes, in order to increase harvest 
of ungulates by humans. Paragraph (g) sets forth a table of prohibited 
methods of taking wildlife for sport purposes in national preserves in 
Alaska. Most of these prohibited methods are also prohibited by the 
State of Alaska. Some of them, however, conflict with authorizations by 
the State of Alaska as explained above. The NPS believes that removing 
paragraphs (f) and (g) would implement the directive announced in 
Secretarial Orders 3347 and 3356 by increasing hunting opportunities in 
national preserves and promoting consistency between federal 
regulations and state wildlife harvest regulations. In addition, the 
proposed rule would remove the definitions of ``Big game'', ``Cub 
bear'', ``Fur animal'', and ``Furbearer'' from section 13.1 because 
those terms are only used in paragraphs (f) and (g).

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
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. Executive Order 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. The NPS has developed this 
rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under Executive Order 12866.

Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory

[[Page 23623]]

Flexibility Act (5 U.S.C. 601 et seq.). This certification is based on 
the cost-benefit and regulatory flexibility analyses found in the 
report entitled ``Cost-Benefit and Regulatory Flexibility Analyses: 
Proposed Revisions to Sport Hunting and Trapping Regulations in 
National Preserves in Alaska'' which can be viewed online at http://parkplanning.nps.gov/akro.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    (c) 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.

Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

    This rule does not impose an unfunded mandate on state, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on state, 
local or tribal governments or the private sector. It addresses public 
use of national park lands, and imposes no requirements on other 
agencies or governments. A statement containing the information 
required by the Unfunded Mandates Reform Act is not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. This proposed 
rule only affects use of federally-administered lands and waters. It 
has no outside effects on other areas. A Federalism summary impact 
statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation and Alaska Native Claims Settlement 
Act (ANCSA) Native Corporation policies and have determined that the 
rule may have substantial direct effect on federally recognized Indian 
tribes. The NPS has invited Alaska native tribes and corporations to 
consult on the proposed rule and has consulted with those tribes and 
corporations that have requested consultation.

Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required. The NPS may not conduct or sponsor and 
you are not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

National Environmental Policy Act

    NPS will prepare an environmental assessment to determine whether 
this rule will have a significant impact on the quality of the human 
environment under the National Environmental Policy Act of 1969 (NEPA).

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects in not 
required.

Clarity of This Rule

    The NPS is required by Executive Orders 12866 (section 1(b)(12)) 
and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule the NPS publishes must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that the NPS has not met these requirements, send the 
NPS comments by one of the methods listed in the ADDRESSES section. To 
better help the NPS revise the rule, your comments should be as 
specific as possible. For example, you should identify the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask the NPS in your comment to withhold your personal identifying 
information from public review, the NPS cannot guarantee that it will 
be able to do so.

[[Page 23624]]

List of Subjects in 36 CFR Part 13

    Alaska, National Parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 13 as set forth below:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

0
1. The authority citation for part 13 continues to read as follows:

    Authority:  16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102; 
Sec. 13.1204 also issued under Sec. 1035, Pub. L. 104-333, 110 Stat. 
4240.


Sec.  13.1   [Amended]

0
2. In Sec.  13.1 remove the definitions of ``Big game'', ``Cub bear'', 
``Fur animal'', and ``Furbearer''.


Sec.  13.42   [Amended]

0
3. In Sec.  13.42, remove and reserve paragraphs (f) and (g).

David L. Bernhardt,
Deputy Secretary.
[FR Doc. 2018-10735 Filed 5-21-18; 8:45 am]
 BILLING CODE 4310-EJ-P