[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Proposed Rules]
[Pages 623-627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00424]


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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-2018-0015; FXFR13350700640-190-FF07J00000; 
FBMS#4500129154]
RIN 1018-BD11


Subsistence Management Regulations for Public Lands in Alaska--
2020-21 and 2021-22 Subsistence Taking of Wildlife Regulations

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would establish regulations for hunting and 
trapping seasons, harvest limits, and methods and means related to 
taking of wildlife for subsistence uses during the 2020-21 and 2021-22 
regulatory years. The Federal Subsistence Board is on a schedule of 
completing the process of revising subsistence taking of wildlife 
regulations in even-numbered years and subsistence taking of fish 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 cycle. When final, the resulting rulemaking will replace the 
existing subsistence wildlife taking regulations. This rule would also 
amend the general regulations on subsistence taking of fish and 
wildlife.

DATES: 
    Public meetings: The Federal Subsistence Regional Advisory Councils 
will hold public meetings to receive comments and make proposals to 
change this proposed rule on several dates between February 5 and March 
12, 2019, and then will hold another round of public meetings to 
discuss and receive comments on the proposals, and make recommendations 
on the proposals to the Federal Subsistence Board, on several dates 
between September 19 and November 5, 2019. The Board will discuss and 
evaluate proposed regulatory changes during a public meeting in 
Anchorage, AK, in April 2020. See SUPPLEMENTARY INFORMATION for 
specific information on dates and locations of the public meetings.

[[Page 624]]

    Public comments: Comments and proposals to change this proposed 
rule must be received or postmarked by March 27, 2019.

ADDRESSES: 
    Public meetings: The Federal Subsistence Board and the Federal 
Subsistence Regional Advisory Councils' public meetings will be held at 
various locations in Alaska. See SUPPLEMENTARY INFORMATION for specific 
information on dates and locations of the public meetings.
    Public comments: You may submit comments by one of the following 
methods:
     Electronically: Go to the Federal eRulemaking Portal: 
http://www.regulations.gov and search for FWS-R7-SM-2018-0015, which is 
the docket number for this rulemaking.
     By hard copy: U.S. mail or hand-delivery to: USFWS, Office 
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo 
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the 
Designated Federal Official attending any of the Federal Subsistence 
Regional Advisory Council public meetings. See SUPPLEMENTARY 
INFORMATION for additional information on locations of the public 
meetings.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Review Process section below for more information).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Thomas C.J. Doolittle, 
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 rural 
preference for take of fish and wildlife resources for subsistence uses 
on Federal public lands and waters in Alaska. The Secretaries published 
temporary regulations to carry out this program in the Federal Register 
on June 29, 1990 (55 FR 27114), and final regulations were published in 
the Federal Register on May 29, 1992 (57 FR 22940). The Program has 
subsequently amended these regulations a number of times. Because this 
program is a joint effort between Interior and Agriculture, these 
regulations are located in two titles of the Code of Federal 
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' 
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR part 242.1-28 and 
50 CFR part 100.1-28, respectively. The regulations contain subparts as 
follows: Subpart A, General Provisions; Subpart B, Program Structure; 
Subpart C, Board Determinations; and Subpart D, Subsistence Taking of 
Fish and Wildlife.
    Consistent with subpart B of these regulations, the Secretaries 
established a Federal Subsistence Board to administer the Federal 
Subsistence Management Program. The Board comprises:
     A Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
     The Alaska Regional Director, U.S. Fish and Wildlife 
Service;
     The Alaska Regional Director, National Park Service;
     The Alaska State Director, Bureau of Land Management;
     The Alaska Regional Director, Bureau of Indian Affairs;
     The Alaska Regional Forester, 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 and public members participate in 
the development of regulations for subparts C and D, which, among other 
things, set forth program eligibility and specific harvest seasons and 
limits.
    In administering the program, the Secretaries divided Alaska into 
10 subsistence resource regions, each of which is represented by a 
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. Members are appointed by the 
Secretary of the Interior with the concurrence of the Secretary of 
Agriculture.

Public Review Process--Comments, Proposals, and Public Meetings

    The Councils have a substantial role in reviewing this proposed 
rule and making recommendations for the final rule. The Federal 
Subsistence Board, through the Councils, will hold public meetings on 
this proposed rule at the following locations in Alaska, on the 
following dates:

 
 
 
Region 1--Southeast Regional      Wrangell..........  February 12, 2019.
 Council.
Region 2--Southcentral Regional   Anchorage.........  February 26, 2019.
 Council.
Region 3--Kodiak/Aleutians        Kodiak............  February 21, 2019.
 Regional Council.
Region 4--Bristol Bay Regional    Naknek............  February 12, 2019.
 Council.
Region 5--Yukon-Kuskokwim Delta   Bethel............  March 12, 2019.
 Regional Council.
Region 6--Western Interior        Anchorage.........  February 20, 2019.
 Regional Council.
Region 7--Seward Peninsula        Nome..............  March 5, 2019.
 Regional Council.
Region 8--Northwest Arctic        Kotzebue..........  February 27, 2019.
 Regional Council.
Region 9--Eastern Interior        Fairbanks.........  March 5, 2019.
 Regional Council.
Region 10--North Slope Regional   Utqiagvik.........  February 13, 2019.
 Council.
 

    During April 2019, the written proposals to change the subpart D, 
take of wildlife regulations, and subpart C, customary and traditional 
use determinations, will be compiled and distributed for public review. 
During a subsequent public comment period, written public comments will 
be accepted on the distributed proposals.
    The Board, through the Councils, will hold a second series of 
public meetings in September through November 2019, 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      Petersburg........  October 8, 2019.
 Council.
Region 2--Southcentral Regional   Seward............  October 2, 2019.
 Council.

[[Page 625]]

 
Region 3--Kodiak/Aleutians        Kodiak............  September 19,
 Regional Council.                                     2019.
Region 4--Bristol Bay Regional    Dillingham........  November 5, 2019.
 Council.
Region 5--Yukon-Kuskokwim Delta   Bethel............  October 12, 2019.
 Regional Council.
Region 6--Western Interior        Aniak.............  October 8, 2019.
 Regional Council.
Region 7--Seward Peninsula        Nome..............  October 22, 2019.
 Regional Council.
Region 8--Northwest Arctic        Kotzebue..........  October 28, 2019.
 Regional Council.
Region 9--Eastern Interior        Fairbanks.........  October 15, 2019.
 Regional Council.
Region 10--North Slope Regional   Utqiagvik.........  October 22, 2019.
 Council.
 

    Prior to both series of meetings, notices will be published of 
specific dates, times, and meeting locations in local and statewide 
newspapers, along with announcements on radio, television and social 
media sites. Locations and dates may change based on weather or local 
circumstances. The amount of work on each Council's agenda determines 
the length of each Council meeting, but typically the meetings are 
scheduled to last 2 days. Occasionally a Council will lack information 
necessary during a scheduled meeting to make a recommendation to the 
Board or to provide comments on other matters affecting subsistence in 
the region. If this situation occurs, the Council may announce on the 
record a later teleconference to address the specific issue when the 
requested information or data is available. These teleconferences are 
open to the public, along with opportunities for public comment; the 
date and time will be announced during the scheduled meeting and that 
same information will be announced through news releases and local 
radio, television, and social media ads.
    The Board will discuss and evaluate proposed changes to the 
subsistence management regulations during a public meeting scheduled to 
be held in Anchorage, Alaska, in April 2020. The 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, wildlife harvest regulations, and customary and 
traditional use determinations must include the following information:
    a. Name, address, and telephone number of the requestor;
    b. Each section and/or paragraph designation in this proposed rule 
for which changes are suggested, if applicable;
    c. A description of the regulatory change(s) desired;
    d. A statement explaining why each change is necessary;
    e. Proposed wording changes; and
    f. Any additional information that you believe will help the Board 
in evaluating the proposed change.
    The Board immediately rejects proposals that fail to include the 
above information, or proposals that are beyond the scope of 
authorities in Sec.  __.24, subpart C (the regulations governing 
customary and traditional use determinations), and Sec. Sec.  __.25 and 
__.26, subpart D (the general and specific regulations governing the 
subsistence take of wildlife). If a proposal needs clarification, prior 
to being distributed for public review, the proponent may be contacted, 
and the proposal could be revised based on their input. Once 
distributed for public review, no additional changes may be made as 
part of the original submission. During the April 2020 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, Councils, or the Board becomes 
excessive. These deferrals may be based on recommendations by the 
affected 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 Council. After that, the Board must approve withdrawal of a proposal. 
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, 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 the Office of Subsistence Management, 907-786-
3888, [email protected], or 800-877-8339 (TTY), at least 7 business 
days prior to the meeting you would like to attend.

Tribal Consultation and Comment

    As expressed in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' the Federal officials 
that have been delegated authority by the Secretaries are committed to 
honoring the unique government-to-government political relationship 
that exists between the Federal Government and federally Recognized 
Indian Tribes (Tribes) as listed in 79 FR 4748 (January 29, 2014). 
Consultation with Alaska Native corporations is based on Public Law 
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by 
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 
3267, which provides that: ``The Director of the Office of Management 
and Budget and all Federal agencies shall hereafter consult with Alaska 
Native corporations on the same basis as Indian tribes under Executive 
Order No. 13175.''
    The Alaska National Interest Lands Conservation Act does not 
provide specific rights to Tribes for the subsistence taking of 
wildlife, fish, and shellfish. However, because tribal members are 
affected by subsistence fishing, hunting, and trapping regulations, the 
Secretaries, through the Board, will provide federally recognized 
Tribes and Alaska Native corporations

[[Page 626]]

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 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 commits 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 2020-21 and 2021-22 Wildlife Seasons and Harvest Limit 
Regulations

    Subpart C and D regulations are subject to periodic review and 
revision. The Federal Subsistence Board currently completes the process 
of revising subsistence take of wildlife regulations in even-numbered 
years and fish 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 cycle.
    The current subsistence program regulations form the starting point 
for consideration during each new rulemaking cycle. The regulations at 
Sec.  __.24 pertain to customary and traditional use determinations; 
the regulations at Sec.  __.25 pertain to general provisions governing 
the subsistence take of wildlife, fish, and shellfish; and the 
regulations at Sec.  __.26 pertain to specific provisions governing the 
subsistence take of wildlife.
    The text of the proposed amendments to 36 CFR parts 242.24, 242.25, 
and 242.26 and 50 CFR parts 100.24, 100.25, and 100.26 is the final 
rule for the 2018-2020 regulatory period for wildlife (83 FR 50758; 
October 9, 2018).
    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.

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 Sec.  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 
Sec.  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 this 
rulemaking process was conducted in accordance with Sec.  810. That 
evaluation also supported the Secretaries' determination that these 
rules will not reach the ``may significantly restrict'' threshold that 
would require notice and hearings under ANILCA Sec.  810(a).

Paperwork Reduction Act (PRA)

    This proposed rule does not contain any new collections of 
information that require Office of Management and Budget (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. 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 OMB control number.

Regulatory Planning and Review (Executive Order 12866)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this proposed 
rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
In general, the resources to be harvested under this proposed rule are 
already being harvested and consumed by the local harvester and do not 
result in an additional dollar benefit to the economy. However, we 
estimate that two million pounds of meat are harvested by subsistence 
users annually and, if given an estimated value of $3.00 per pound, 
this amount would equate to about $6 million in food value statewide. 
Based upon the amounts and

[[Page 627]]

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 for rural Alaskan residents 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 Sec. Sec.  3(a) and 3(b)(2) of 
Executive Order 12988, regarding civil justice reform.

Executive Order 13132

    In accordance with Executive Order 13132, the proposed rule does 
not have sufficient federalism implications to warrant the preparation 
of a Federalism Assessment. Title VIII of ANILCA precludes the State 
from exercising subsistence management authority over fish and wildlife 
resources on Federal lands unless it meets certain requirements.

Executive Order 13175

    Title VIII of ANILCA does not provide specific rights to tribes for 
the subsistence taking of wildlife, fish, and shellfish. However, as 
described above under Tribal Consultation and Comment, the Secretaries, 
through the Board, will provide federally recognized Tribes and Alaska 
Native corporations an opportunity to consult on this proposed rule.

Executive Order 13211

    Executive Order 13211 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 
Thomas C.J. Doolittle, 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;
     Clarence Summers, 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 
2020-21 and 2021-22 regulatory years.

0
The text of the proposed amendments to 36 CFR 242.24, 242.25, and 
242.26 and 50 CFR 100.24, 100.25, and 100.26 is the final rule for the 
2018-2020 regulatory periods for wildlife (83 FR 50759; October 9, 
2018).

    Dated: December 21, 2018.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
    Dated: December 21, 2018.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2019-00424 Filed 1-30-19; 8:45 am]
 BILLING CODE 3411-15-4333-15-P