[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Proposed Rules]
[Pages 15155-15160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05616]


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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-2021-0039; FXFR13350700640-223-FF07J00000]
RIN 1018-BF19


Subsistence Management Regulations for Public Lands in Alaska--
2023-24 and 2024-25 Subsistence Taking of Fish and Shellfish 
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 fish and 
shellfish seasons, harvest limits, methods, and means related to taking 
of fish and shellfish for subsistence uses during the 2023-2024 and 
2024-2025 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 meetings: The Federal Subsistence Regional Advisory Councils 
will hold public meetings to receive comments and make proposals to 
change this proposed rule February 8 through March 24, 2022, 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 September 20 and 
November 2, 2022. The Board will discuss and evaluate proposed 
regulatory changes during a public meeting in Anchorage,

[[Page 15156]]

AK, in January 2023. See SUPPLEMENTARY INFORMATION for specific 
information on dates and locations of the public meetings.
    Public comments: Comments and proposals to change this proposed 
rule must be received or postmarked by May 16, 2022.

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: 
https://www.regulations.gov. In the Search box, enter Docket number 
FWS-R7-SM-2021-0039. Then, click on the Search button. On the resulting 
page, in the Search panel on the left side of the screen, under the 
Document Type heading, check the Proposed Rule box to locate this 
document. You may submit a comment by clicking on ``Comment.''
     By hard copy: Submit by U.S. mail or hand delivery: Public 
Comments Processing, Attn: FWS-R7-SM-2021-0039; U.S. Fish and Wildlife 
Service; 5275 Leesburg Pike, MS: PRB (JAO/3W); Falls Church, VA 22041-
3803. If in-person meetings are held, you may also deliver a hard copy 
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 https://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: Sue Detwiler, Office of 
Subsistence Management; (907) 786-3888 or [email protected]. For 
questions specific to National Forest System lands, contact Gregory 
Risdahl, Regional Subsistence Program Leader, USDA, Forest Service, 
Alaska Region; (907) 302-7354 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, will hold 
public meetings via teleconference on this proposed rule on the 
following dates:

Region 1--Southeast Regional Council--March 22, 2022
Region 2--Southcentral Regional Council--February 10, 2022
Region 3--Kodiak/Aleutians Regional Council--February 22, 2022
Region 4--Bristol Bay Regional Council--February 8, 2022
Region 5--Yukon-Kuskokwim Delta Regional Council--March 1, 2022
Region 6--Western Interior Regional Council--February 16, 2022
Region 7--Seward Peninsula Regional Council--March 3, 2022
Region 8--Northwest Arctic Regional Council--February 14, 2022
Region 9--Eastern Interior Regional Council--March 8, 2022
Region 10--North Slope Regional Council--March 8, 2022

    Teleconferences are being held in lieu of in-person meetings due to 
public health and safety restrictions that are in effect. A public 
notice of specific dates, times, call-in number(s), and how to 
participate and provide public testimony will be published in local and 
statewide newspapers prior to each meeting.
    During April 2022, 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

[[Page 15157]]

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 will be announced in statewide newspaper 
and radio ads and posted to the program web page and social media. The 
Board, through the Regional Advisory Councils, will hold a second 
series of public meetings in September through November 2022, to 
receive comments on specific proposals and to develop recommendations 
to the Board on the following dates:

Region 1--Southeast Regional Council--October 25, 2022
Region 2--Southcentral Regional Council--October 13, 2022
Region 3--Kodiak/Aleutians Regional Council--September 20, 2022
Region 4--Bristol Bay Regional Council--November 1, 2022
Region 5--Yukon-Kuskokwim Delta Regional Council--October 27, 2022
Region 6--Western Interior Regional Council--October 19, 2022
Region 7--Seward Peninsula Regional Council--October 4, 2022
Region 8--Northwest Arctic Regional Council--October 31, 2022
Region 9--Eastern Interior Regional Council--October 5, 2022
Region 10--North Slope Regional Council--October 13, 2022

    Teleconferences will substitute for in-person meetings based on 
current public health and safety restrictions in effect. A public 
notice of specific dates, times, call-in number(s), and how to 
participate and provide public testimony will be published in local and 
statewide newspapers prior to each meeting. The amount of work on each 
Regional Advisory Council's agenda determines the length of each 
Regional Advisory 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; it is noted that any follow 
up teleconference would be an exception and must be approved, in 
advance, by the Assistant Regional Director for the Office of 
Subsistence Management. 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 January 2023. 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 and __.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 2023 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 https://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 https://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 https://www.regulations.gov at 
Docket No. FWS-R7-SM-2021-0039, or by appointment, provided no public 
health or safety restrictions are in effect, 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.

[[Page 15158]]

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 Robbin La Vine, 907-786-3888, 
[email protected], or 800-877-8339 (TTY), 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 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 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 2023-24 and 2024-25 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. Nonrural 
determinations are taken up during fish and shellfish cycles.
    Based on a revised Board policy, the Board will start reviewing 
closures to the take of fish/shellfish and wildlife during each 
applicable cycle. The following table lists the current closures being 
reviewed for this cycle. In reviewing a closure, the Board may 
maintain, modify, or rescind the closure. If a closure is rescinded, 
the regulations will revert to the existing regulations in place prior 
to the closure, or if no regulations were in place, any changes or the 
establishment of seasons, methods and means, and harvest limits must go 
through the full public review process. The public is encouraged to 
comment on these closures, and anyone recommending that a closure be 
rescinded should submit a proposal to establish regulations for the 
area that was closed.

   Table 1--Fish and Shellfish Closures To Be Reviewed by the Federal
   Subsistence Board for the 2023-2024 and 2024-2025 Regulatory Years
------------------------------------------------------------------------
      Fishery management area                   Closure area
------------------------------------------------------------------------
Yukon/Northern Area...............  Kanuti River (all fish).
Yukon/Northern Area...............  Bonanza Creek (all fish).
Yukon/Northern Area...............  Jim River, including Prospect and
                                     Douglas Creeks (all fish).
Yukon/Northern Area...............  Delta River (all fish).
Yukon/Northern Area...............  Nome Creek in Beaver Creek Drainage
                                     (Grayling).
Aleutians Area....................  Unalaska Lake (Salmon)--The waters
                                     of Unalaska Lake, its tributaries
                                     and outlet streams.
Aleutians Area....................  Summers and Morris Lakes (Salmon)--
                                     The waters of Summers and Morris
                                     Lakes and their tributaries and
                                     outlet streams.
Aleutian Area.....................  Unalaska Bay Freshwater Streams
                                     (Salmon/Anadromous Fish)--All
                                     streams supporting anadromous fish
                                     runs that flow into Unalaska Bay
                                     south of a line from the northern
                                     tip of Cape Cheerful to the
                                     northern tip of Kalekta Point.
Aleutians Area....................  Mclees Lake (Salmon)--Waters of
                                     McLees Lake and its tributaries and
                                     outlet streams.
Aleutian Area.....................  Adak and Kagalaska Freshwaters
                                     (Salmon)--All freshwater on Adak
                                     and Kagalaska Islands in the Adak
                                     District.
Alaska Peninsula Area.............  Russel Creek and Nurse Lagoon
                                     (Salmon)--Waters of Russel Creek
                                     and Nurse Lagoon and within 500
                                     yards outside of the mouth of Nurse
                                     Lagoon.
Kodiak Area.......................  Womens Bay (Salmon)--All waters
                                     inside a line from the tip of the
                                     Nyman Peninsula (57[deg]43.23' N
                                     lat. 152[deg]31.51' W long.), to
                                     the northeastern tip of Mary's
                                     Island (57[deg]42.40' N lat.,
                                     152[deg]32.00' W long.), to the
                                     southeastern shore of Womens Bay at
                                     57[deg]41.95' N lat.,
                                     152[deg]31.50' W long.
Kodiak Area.......................  Russel Creek and Nurse Lagoon
                                     (Salmon)--Waters of Russel Creek
                                     and Nurse Lagoon and within 500
                                     yards outside of the mouth of Nurse
                                     Lagoon.
Kodiak Area.......................  Buskin River Marine Waters (Salmon)--
                                     All waters inside of a line running
                                     from a marker on the bluff north of
                                     the mouth of the Buskin River at
                                     approximately 57[deg]45.80' N
                                     latitude, 152[deg]28.38' W
                                     longitude, to a point offshore at
                                     57[deg]45.35' N latitude,
                                     152[deg]28.15' W longitude, to a
                                     marker located onshore south of the
                                     river mouth at approximately
                                     57[deg]45.15' N latitude,
                                     152[deg]28.65' W longitude.
Kodiak Area.......................  Selief Bay Creek--All waters
                                     (Salmon): Fishing within 100 yards
                                     of the terminus of Selief Bay
                                     Creek.

[[Page 15159]]

 
Kodiak Area.......................  Afognak Bay (Salmon)--All waters
                                     north and west of a line from the
                                     tip of Last Point to the tip of
                                     River Mouth Point.
Kodiak Area.......................  Afognak Island Freshwaters (Salmon)--
                                     All freshwater systems of Afognak
                                     Island.
Kodiak Area.......................  Little Kitoi Creek (Salmon)--All
                                     waters 500 yards seaward of the
                                     mouth.
Kodiak Area.......................  The waters of the Pacific Ocean
                                     enclosed by the boundaries of
                                     Womens Bay, Gibson Cove (King
                                     Crab), and an area defined by a
                                     line \1/2\ mile on either side of
                                     the mouth of the Karluk River, and
                                     extending seaward 3,000 feet, and
                                     all waters within 1,500 feet
                                     seaward of the shoreline of Afognak
                                     Island.
Southeastern Alaska Area..........  Taku River (Salmon).
Southeastern Alaska Area..........  Neva Lake, Neva Creek, and South
                                     Creek (Sockeye Salmon).
------------------------------------------------------------------------

    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 2023-25 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 three 
final rules constitute the text of this proposed rule:
    The text of the proposed amendments to 36 CFR 242.23 and 242.27 and 
50 CFR 100.23 and 100.27 is the final rule for the 2021-2023 regulatory 
period for fish (86 FR 17713; April 6, 2021).
    The text of the proposed amendments to 36 CFR 242.24 and 50 CFR 
100.24 is the final rule for the 2019-2021 regulatory period for fish 
(85 FR 74796; November 23, 2020).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 is the final rule for the 2018-20 regulatory period for wildlife 
(83 FR 50758; October 9, 2018).
    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. This 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 of 1995 (PRA)

    This proposed rule does not contain any new collections of 
information that require Office of Management and Budget (OMB) approval 
under the PRA (44 U.S.C. 3501 et seq.). OMB has reviewed and approved 
the collections of information associated with the subsistence 
regulations at 36 CFR part 242 and 50 CFR part 100, and assigned OMB 
Control Number 1018-0075, with an expiration date of January 31, 2024. 
We 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,

[[Page 15160]]

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 Federal public lands and waters. 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 proposed 
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

    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 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 Sue Detwiler of the Office of Subsistence Management, 
Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, 
Alaska. Additional assistance was provided by:
     Chris McKee, Alaska State Office, Bureau of Land 
Management;
     Dr. Kim Jochum, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Jill Klein, Alaska Regional Office, U.S. Fish and Wildlife 
Service; and
     Gregory Risdahl, 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 
2023-24 and 2024-25 regulatory years.
    The text of the proposed amendments to 36 CFR 242.23 and 242.27 and 
50 CFR 100.23 and 100.27 matches the amendatory instructions in 86 FR 
17713; April 6, 2021 (which is the final rule for the 2021-2023 
regulatory period for fish).
    The text of the proposed amendments to 36 CFR 242.24 and 50 CFR 
100.24 matches the amendatory instructions in 85 FR 74796; November 23, 
2020 (which is the final rule for the 2019-2021 regulatory period for 
fish).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 matches the amendatory instructions in 83 FR 50758; October 9, 
2018 (which is the final rule for the 2018-20 regulatory period for 
wildlife).
    The text of the proposed amendments to 36 CFR 242.28 and 50 CFR 
100.28 matches the amendatory instructions in 76 FR 12564; March 8, 
2011 (which is the final rule for the 2011-13 regulatory period for 
fish and shellfish).

Sue Detwiler,
Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2022-05616 Filed 3-16-22; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P