[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Proposed Rules]
[Pages 12285-12293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03825]


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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-2022-0105; FXRS12610700000 FF07J00000 234]
RIN 1018-BG72


Subsistence Management Regulations for Public Lands in Alaska--
2024-25 and 2025-26 Subsistence Taking of Wildlife Regulations

AGENCY: 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 2024-25 and 2025-26 
regulatory years. The Federal Subsistence Board (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 proposed rule 
could also amend the general regulations on subsistence taking of fish 
and wildlife.

DATES: 
    Public meetings: The Federal Subsistence Regional Advisory Councils 
(Councils) will hold public meetings to receive comments and make 
proposals to change this proposed rule February 22 through April 4, 
2023, 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 19 and November 1, 2023. The Board will discuss and evaluate 
proposed regulatory changes during a public meeting in Anchorage, AK, 
in April 2024. 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 April 12, 2023.
    Information collection requirements: If you wish to comment on the 
information collection requirements in this proposed rule, please note 
that the Office of Management and Budget (OMB) is required to make a 
decision concerning the collection of information contained in this 
proposed rule between 30 and 60 days after publication of this proposed 
rule in the Federal Register. Therefore, comments should be submitted 
to the Service Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, (see ``Information Collection'' section below under 
ADDRESSES) by April 28, 2023.

ADDRESSES: 
    Public meetings: The public meetings of the Federal Subsistence 
Board and the Federal Subsistence Regional Advisory Councils 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-
2022-0105. Then, click on the Search

[[Page 12286]]

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-2022-0105; U.S. Fish and Wildlife Service; 
5275 Leesburg Pike, MS: PRB (JAO/3W); Falls Church, VA 22041-3803.
    If in-person Federal Subsistence Regional Advisory Council meetings 
are held, you may also deliver a hard copy to the Designated Federal 
Official attending any of the 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).
    Information collection requirements: Send your comments on the 
information collection request by mail to the Service Information 
Collection Clearance Officer, U.S. Fish and Wildlife Service, by email 
to [email protected]; or by mail to 5275 Leesburg Pike, MS: PRB (JAO/
3W), Falls Church, VA 22041-3803. Please reference OMB Control Number 
1018-0075 in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Sue Detwiler, Assistant 
Regional Director, 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]. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

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, 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. 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 
Federal Subsistence Regional Advisory 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.

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 Councils, will hold public meetings, or teleconference 
meetings if public health and safety restrictions are in effect, on 
this proposed rule at the following locations in Alaska, on the 
following dates:

Region 1--Southeast Regional Council Juneau February 28, 2023
Region 2--Southcentral Regional Council Anchorage March 15, 2023
Region 3--Kodiak/Aleutians Regional Council Kodiak March 29, 2023
Region 4--Bristol Bay Regional Council Naknek March 8, 2023
Region 5--Yukon-Kuskokwim Delta Regional Council St. Mary's April 4, 
2023
Region 6--Western Interior Regional Council Aniak April 4, 2023
Region 7--Seward Peninsula Regional Council Nome March 22, 2023
Region 8--Northwest Arctic Regional Council Kotzebue March 6, 2023
Region 9--Eastern Interior Regional Council Arctic Village March 1, 
2023
Region 10--North Slope Regional Council Kaktovik February 22, 2023

    During April 2023, the written proposals to change the regulations 
at subpart D, take of wildlife, and subpart C, customary and 
traditional use 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 will be announced in statewide newspaper and radio ads and posted 
to the program web page and social media. The Board, through the 
Councils, will hold a second series of public meetings

[[Page 12287]]

or teleconference meetings in September through November 2023, to 
receive comments on specific proposals and to develop recommendations 
to the Board on the following dates:

Region 1--Southeast Regional Council Sitka October 24, 2023
Region 2--Southcentral Regional Council Kenai October 2, 2023
Region 3--Kodiak/Aleutians Regional Council King Cove September 19, 
2023
Region 4--Bristol Bay Regional Council Dillingham October 24, 2023
Region 5--Yukon-Kuskokwim Delta Regional Council Anchorage October 10, 
2023
Region 6--Western Interior Regional Council Fairbanks October 11, 2023
Region 7--Seward Peninsula Regional Council Nome November 1, 2023
Region 8--Northwest Arctic Regional Council Kotzebue October 16, 2023
Region 9--Eastern Interior Regional Council Tok October 4, 2023
Region 10--North Slope Regional Council Utqiagvik November 1, 2023

    A notice will be published of specific dates, times, and meeting 
locations in local and statewide newspapers prior to both series of 
meetings; in addition, this information will be shared on local radio 
and television announcements and postings to social media and the 
program website at https://www.doi.gov/subsistence/regions. Locations 
and dates may change based on weather or local circumstances, and 
teleconferences will substitute for in-person meetings based on current 
public health and safety restrictions in effect. In the case of 
teleconferences, 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 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; please note that any followup 
teleconference would be an exception and must be approved, in advance, 
by the Assistant Regional Director for the Office of Subsistence 
Management. These teleconferences would be open to the public, along 
with opportunities for public comment; the date and time would be 
announced during the scheduled meeting, and that same information would 
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 2024. 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, wildlife harvest regulations, and customary and 
traditional use determinations must include the following information:
    a. Name, address, and telephone number of the requester;
    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 of 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 a proposal 
is distributed for public review, no additional changes may be made as 
part of the original submission. During the April 2024 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. 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-2022-0105, 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.

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 LaVine, 907-786-3880, 
[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

[[Page 12288]]

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.''
    ANILCA 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 2024-25 and 2025-26 Wildlife 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 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.
    Based on Board policy, the Board reviews 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--Wildlife Closures To Be Reviewed by the Federal Subsistence Board for the 2024-2025 and 2025-2026
                                                Regulatory Years
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        Unit and area descriptor                    Species                             Closure
----------------------------------------------------------------------------------------------------------------
7, draining into King's Bay.............  Moose......................  Closed except for residents of Chenega
                                                                        Bay and Tatitlek.
9C, remainder...........................  Caribou....................  Closed except for residents of Unit 9C
                                                                        and Egegik.
9C, remainder...........................  Caribou....................  Closed except for residents of Unit 9C
                                                                        and Egegik.
22B.....................................  Musk ox....................  Closed to non-federally qualified users.
22D, remainder..........................  Moose......................  Closed to non-federally qualified users.
23, south of Kotzebue Sound and west of   Musk ox....................  Closed to non-federally qualified users.
 and including the Buckland River
 drainage.
24, Kanuti Controlled Use Area..........  Moose......................  Closed to non-federally qualified users.
25A, Arctic Village Sheep Management      Sheep......................  Closed to non-federally qualified users.
 Area.
22D, west of the Tisuk River drainage     Musk ox....................  Closed except for residents of Nome and
 and Canyon Creek.                                                      Teller.
22D, remainder..........................  Musk ox....................  Closed except for residents of Elim,
                                                                        White Mountain, Nome, Teller, and Brevig
                                                                        Mission.
22E.....................................  Musk ox....................  Closed to non-federally qualified users.
26B, remainder and 26C..................  Moose......................  Closed except for residents of Kaktovik.
12, east of the Nabesna River and the     Caribou (Chisana caribou     Closed to non-federally qualified users.
 Nabesna Glacier and south of the Winter   herd).
 Trail running southeast from Pickerel
 Lake to the Canadian border.
18, Kuskokwim River hunt area...........  Moose......................  Closed except for residents of
                                                                        Tuntutuliak, Eek, Napakiak, Napaskiak,
                                                                        Kasigluk, Nunapitchuk, Atmautlauk,
                                                                        Oscarville, Bethel, Kwethluk, Akiachak,
                                                                        Akiak, Tuluksak, Lower Kalskag, and
                                                                        Kalskag.
6C......................................  Moose......................  Closed to non-federally qualified users
                                                                        during the months of November and
                                                                        December.
12, within Wrangell-St. Elias National    Caribou (Mentasta caribou    Closed to all users.
 Park that lies west of the Nabesna        herd).
 River and the Nabesna Glacier.
19A, remainder..........................  Moose......................  Closed except for residents of Tuluksak,
                                                                        Lower Kalskag, Upper Kalskag, Aniak,
                                                                        Chuathbaluk, and Crooked Creek.
22D, Kuzitrin River drainage............  Musk ox....................  Closed except for residents of Council,
                                                                        Golovin, White Mountain, Nome, Teller,
                                                                        and Brevig Mission.
----------------------------------------------------------------------------------------------------------------

    The current subsistence program regulations form the starting point 
for consideration during each new rulemaking cycle. Consequently, in 
this rulemaking action pertaining to wildlife, the Board will consider 
proposals to revise the regulations in any of the following sections of 
titles 36 and 50 of the CFR:
     Sec.  _.24: customary and traditional use determinations;

[[Page 12289]]

     Sec.  _.25: general provisions governing the subsistence 
take of wildlife, fish, and shellfish; and
     Sec.  _.26: specific provisions governing the subsistence 
take of wildlife.
    As such, the text of the proposed 2024-26 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 citation shows when these CFR sections 
were last revised. Therefore, the regulations established by the cited 
final rule constitute the text of this proposed rule:
    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 
2022-2024 regulatory period for wildlife (87 FR 44846, July 26, 2022).
    The regulations established by the July 26, 2022, final rule (87 FR 
44846) will remain in effect until subsequent Board action changes 
elements of them 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 of 1995 (PRA)

    This proposed rule contains existing and new information 
collections. All information collections require approval by the Office 
of Management and Budget (OMB) under the Paperwork Reduction Act of 
1995 (PRA, 44 U.S.C. 3501 et seq.). 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. The OMB has reviewed 
and approved the information collection requirements associated with 
subsistence management regulations on public lands in Alaska and 
assigned the OMB Control Number 1018-0075.
    In accordance with the PRA and its implementing regulations at 5 
CFR 1320.8(d)(1), we provide the general public and other Federal 
agencies with an opportunity to comment on our proposal to renew, with 
revisions, OMB Control Number 1018-0075. This input will help us assess 
the impact of our information collection requirements and minimize the 
public's reporting burden, and it will help the public understand these 
requirements and provide the requested data in the desired format.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the 
public and other Federal agencies to comment on any aspect of this 
proposed information collection, including:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of response.
    Comments that you submit in response to this proposed rulemaking 
are a matter of public record. 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 us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    We also propose to renew the existing reporting and/or 
recordkeeping requirements identified below:
    (1) Form 3-2326, ``Federal Subsistence Hunt Application, Permit, 
and Report''--Completed by Federally qualified subsistence users who 
want to harvest wildlife.
     Applicants provide information on the permit to identify:
    (1) They are a federally qualified subsistence user;
    (2) Their community of primary residence for community harvest 
allocations; and
    (3) The unit, season, hunt number, and permit number.
     Question 1 identifies whether the applicant hunted or used 
a designated hunter.
     Questions 2a through 2e identify success rates by time, 
location, and take of animal.
     Question 3 identifies date of take and biological data of 
animal.
    (2) Form 3-2327, ``Designated Hunter Application, Permit, and 
Report''--Completed by Federally qualified subsistence users who want 
to harvest wildlife for other federally qualified subsistence users.
     Applicants provide information on the permit to identify:
    (1) They are a federally qualified subsistence user;

[[Page 12290]]

    (2) Their community of primary residence for community harvest 
allocations; and
    (3) The unit, season, hunt number, and permit number.
     Applicants provide a list of names of other persons they 
hunted for, their harvest ticket/registration permit and their 
community to ensure they are federally qualified subsistence users.
     Remaining information provides harvest data such as unit, 
drainage or specific location, and number, by sex, of animals taken.
    (3) Form 3-2328, ``Federal Subsistence Fishing Application, Permit, 
and Report''--Completed by federally qualified subsistence users who 
want to harvest fish.
     Applicants provide information on the permit to identify:
    (1) They are a federally qualified subsistence user;
    (2) Their community of primary residence for community harvest 
allocations; and
    (3) The unit, season, hunt number, and permit number.
     Remaining information identifies dates, locations, types 
of gear, fish species, and number of fish harvested for biological and 
anthropological analysis.
     Depending on in-season management requirements, a 
condition may be included for certain fisheries that requires a time-
specific reporting requirement. This management tool is used only when 
conservation concerns exist that may require the emergency closure of 
the fishery to prevent overharvest.
     Must be completed and returned by date designated on 
permit.
    (4) Form 3-2378, ``Designated Fishing Application, Permit, and 
Report''--Completed by federally qualified subsistence users who want 
to harvest fish for other federally qualified subsistence users. 
Federally qualified subsistence users may designate another federally 
qualified subsistence user to take fish on their behalf. The designated 
subsistence user must obtain a designated harvest permit prior to 
attempting to harvest fish and must return a completed harvest report. 
The designated subsistence user may fish for any number of 
beneficiaries but may have no more than two harvest limits in their 
possession at any one time. Subsistence users may not designate more 
than one person to take or attempt to take fish on their behalf at one 
time. Subsistence users may not personally take or attempt to take fish 
at the same time that their designated subsistence user is taking or 
attempting to take fish on their behalf.
     Applicants provide information on the permit to identify:
    (1) They are a federally qualified subsistence user;
    (2) Their community of primary residence for community harvest 
allocations; and
    (3) The unit, season, hunt number, and permit number.
     Applicants identify both for whom they fished and their 
subsistence permit number. The permit number verifies they are 
federally qualified users and tracks usage by communities.
     Remaining information tracks species taken, number 
retained, and gear for biological and anthropological analysis.
    (5) Form 3-2379, ``Federal Subsistence Customary Trade 
Recordkeeping Form''--Completed by federally qualified subsistence 
users who want to take part in customary trade. Staff anthropologists 
use the information to make customary and traditional use 
determinations and to write an analysis based on the provisions in 
section 804 of ANILCA. These analyses further reduce the pool of 
eligible subsistence users and may allocate harvests by community, in 
part, based on documented uses of the resource.
     Applicants provide information on the permit to identify:
    (1) They are a federally qualified subsistence user;
    (2) Their community of primary residence for community harvest 
allocations; and
    (3) The unit, season, hunt number, and permit number.
     Remaining information tracks date of sales, buyers, and 
buyers' addresses, total dollar amount, species taken, and fish parts.
    (6) Petition to Repeal Subsistence Rules and Regulations (Nonform 
Requirement)--If the State of Alaska enacts and implements laws that 
are consistent with sections 803, 804, and 805 of ANILCA, the State may 
submit a petition to the Secretary of the Interior for repeal of 
Federal subsistence rules. The State's petition shall:
    (1) Be submitted to the Secretary of the Interior and the Secretary 
of Agriculture;
    (2) Include the entire text of applicable State legislation 
indicating compliance with sections 803, 804, and 805 of ANILCA; and
    (3) Set forth all data and arguments available to the State in 
support of legislative compliance with sections 803, 804, and 805 of 
ANILCA.
    If the Secretaries find that the State's petition contains adequate 
justification, a rulemaking proceeding for repeal of the regulations in 
this part will be initiated. If the Secretaries find that the State's 
petition does not contain adequate justification, the petition will be 
denied by letter or other notice, with a statement of the ground for 
denial.
    (7) Propose Changes to Federal Subsistence Regulations--The Board 
will accept proposals for changes to the Federal subsistence 
regulations in subparts C or D of 356 CFR part 242 or 50 CFR part 100 
according to a published schedule, except for proposals for emergency 
and temporary special actions, which the Board will accept according to 
procedures set forth in Sec.  _.19. Members of the public may propose 
changes to the subsistence regulations by providing:
     Contact information (name, organization, address, phone 
number, fax number, email address).
     Type of change (harvest season, harvest limit, method and 
means of harvest, customary and traditional use determination).
     Regulation to be changed.
     Language for proposed regulation.
     Why the change should be made.
     Impact on populations.
     How the change will affect subsistence uses.
     How the change will affect other uses.
     Communities that have used the resource.
     Where the resource has been harvested.
     Months in which the resource has been harvested.
    (8) Proposals for Emergency or Temporary Special Actions--A special 
action is an out-of-cycle change in a season, harvest limit, or method 
of harvest. The Federal Subsistence Board may take a special action to 
restrict, close, open, or reopen the taking of fish and wildlife on 
Federal public lands: (1) to ensure the continued viability of a 
particular fish or wildlife population; (2) to ensure continued 
subsistence use; and (3) for reasons of public safety or 
administration. Members of the public may request a special action by 
providing:
     Contact information (name, organization, address, 
telephone number, fax number, email address).
     Description of the requested action.
     Any unusual or significant changes in resource abundance 
or unusual conditions affecting harvest opportunities that could not 
reasonably have been anticipated and that potentially could have 
significant adverse effects on the health of fish and wildlife 
populations or subsistence users.

[[Page 12291]]

     The necessity of the requested action if required for 
reasons of public safety or administration.
     Extenuating circumstances that necessitate a regulatory 
change before the next regulatory review.
    (9) Requests for Reconsideration--Any person adversely affected by 
a new regulation may request that the Federal Subsistence Board 
reconsider its decision by filing a written request within 60 days 
after a regulation takes effect or is published in the Federal 
Register, whichever comes first. Requests for reconsideration must 
provide the Board with sufficient narrative evidence and argument to 
show why the action by the Board should be reconsidered. The Board will 
accept a request for reconsideration only if it is based upon 
information not previously considered by the Board, demonstrates that 
the existing information used by the Board is incorrect, or 
demonstrates that the Board's interpretation of information, applicable 
law, or regulation is in error or contrary to existing law. Requests 
for reconsideration must include:
     Contact information (name, organization, address, 
telephone number, fax number, email address).
     Regulation and the date of Federal Register publication.
     Statement of how the person is adversely affected by the 
action.
     Statement of the issues raised by the action, with 
specific reference to: (1) information not previously considered by the 
Board; (2) information used by the Board that is incorrect; and (3) how 
the Board's interpretation of information, applicable law, or 
regulation is in error or contrary to existing law.
    (10) Other Permits and Reports
    a. Traditional/Cultural/Educational Permits--Organizations desiring 
to harvest fish or wildlife for traditional, cultural, or educational 
reasons must provide a letter stating that the requesting program has 
instructors, enrolled students, minimum attendance requirements, and 
standards for successful completion. Harvest must be reported, and any 
animals harvested will count against any established Federal harvest 
quota for the area in which it is harvested.
    b. Fishwheel, Fyke Net, and Under Ice Permits--Persons who want to 
set up and operate fishwheels and fyke nets, or use a net under the ice 
must provide:
    (1) Name and contact information and other household member who 
will use the equipment. Fishwheels must be marked with registration 
permit number; organization's name and address (if applicable), and 
primary contact person name and telephone number; under ice nets must 
be marked with the permittee's name and address.
    (2) Species of fish take, number of fish taken, and dates of use.
    The new reporting and/or recordkeeping requirements identified 
below require approval by OMB:
    (1) Reports and Recommendations--Subsistence Regional Advisory 
Councils are required to send an annual report to the Federal 
Subsistence Board informing them of regional concerns or problems 
pertaining to subsistence on Federal public lands. In turn, the Board 
is required to respond to each of the Councils' annual reports and 
address their concerns and possible courses of actions or solutions.
    (2) Customary Trade Sales--The Board manages each region 
differently regarding customary trade, based primarily on cultural 
beliefs and traditional practices. As needed, decisions also include 
conservation concerns. This requirement is in place to monitor 
customary trade and ensure that subsistence resources are for 
subsistence users and not commercial trade.
    (3) Transfer of Subsistence-Caught Fish, Wildlife, or Shellfish--
This reporting requirement safeguards the harvester and individual who 
receives the harvested animal. It protects both parties to show that an 
illegal commercial enterprise is not ongoing or that the animal was not 
poached.
    (4) Meeting Request--The Board shall meet at least twice per year 
and at such other times as deemed necessary. Meetings shall occur at 
the call of the Chair, but any member may request a meeting. There is 
no specified format to request a meeting. Usually, the Service 
recommends to the Board that they have a meeting on a special topic, 
such as pending litigation. This is not a common occurrence.
    (5) Cooperative Agreements--The Board may enter into cooperative 
agreements or otherwise cooperate with Federal agencies, the State, 
Native organizations, local governmental entities, and other persons 
and organizations, including international entities to effectuate the 
purposes and policies of the Federal subsistence management program or 
to coordinate respective management responsibilities. Currently, 
cooperative agreements are not generally used, and we are reporting a 
placeholder burden of one response.
    (6) Alternative Permitting Processes--Developing alternative 
permitting processes relating to the subsistence taking of fish and 
wildlife ensures continued opportunities for subsistence. Currently, 
this requirement is not generally used and we are reporting a 
placeholder burden of one response in our burden estimate.
    (7) Request for Individual Customary and Traditional Use 
Determinations--The Federal Subsistence Board has determined that rural 
Alaska residents of the listed communities, areas, and individuals have 
customary and traditional use of the specified species on Federal 
public land in the specified areas. Persons granted individual 
customary and traditional use determinations will be notified in 
writing by the Board. The Service and the local NPS Superintendent will 
maintain the list of individuals having customary and traditional use 
on National Parks and Monuments. A copy of the list is available upon 
request. Currently, this requirement is not generally used, and we are 
reporting a placeholder burden of one response in our burden estimate.
    (8) Management Plans--Management plans are not routinely used. When 
created by the State or Alaska Native communities for overall 
management of a specific area, the plans are submitted to the 
appropriate Federal agencies for review/comment. Currently, this 
requirement is not generally used, and we are reporting a placeholder 
burden of one response in our burden estimate.
    (9) Labeling/Marking Requirements
     Bear Baiting--The requirement to mark bear baiting 
stations and provide contact information is for public safety since 
attempting to draw bears into a certain area could cause a significant 
hazard for the public not involved in hunting activities. Requirements 
to register a bait station with the State is to provide a single 
location for the public to find information of possible hazards prior 
to using public lands.
     Evidence of sex and identity--In certain areas and with 
certain species of both wildlife and fish, evidence of sex and identity 
are required for biological purposes and the data is used for future 
management decisions. This information is critical to assist in 
assessing the health of a population, the male/female ratios, ages of 
harvested animals, identifying different genetic populations, and other 
important factors needed for sound management decisions.
     Marking of fish gear--The marking of various fishing gear 
types (fishwheels, crab pots, certain types of nets or their supporting 
buoys, stakes, etc.) with contact information is based on the fact that 
these gear types are generally unattended while catching fish. This 
information is used to differentiate between users harvesting under 
Federal or State regulations and

[[Page 12292]]

also to protect the owners of the gear should it be damaged or carried 
away. The contact information can be used to return the often expensive 
gear to the proper owner. Requirements as to the location of the 
contact information on the gear types is to ease the task of field 
managers so they can, if needed, identify gear from a boat and not have 
to land to search for the contact information. In marine waters, the 
information is used by the USCG for safety in navigation concerns. The 
above reasons also hold true regarding registering a fishwheel with the 
State or the Federal program.
     Marking of subsistence-caught fish--Requirements in 
certain areas to mark subsistence-caught fish by removal of the tips of 
the tail or dorsal fin is used to identify fish harvested under Federal 
regulations and not under State sport or commercial regulations. This 
is needed as Federal subsistence harvest limits are often larger than 
sport fishing bag limits and protects the user from possible citations 
from State law enforcement.
     Sealing requirements--Sealing requirements for animals, 
primarily bears and wolves, differ in parts of the State. This 
requirement not only allows biologists to gather important data to 
evaluate the health of the various populations but is also integral in 
preventing the illegal harvest and trafficking of animals and their 
parts reporting a placeholder burden of one response in our burden 
estimate.
    (10) 3rd Party Notifications (Tags, Marks, or Collar Notification 
and Return)--Users must present the tags, markings, or collars to 
ADF&G, or the agency conducting the research. Much of this equipment 
may be used again, and the information regarding the take of the animal 
is important to management decisions.
    Copies of the forms used with this information collection are 
available to the public by submitting a request to the Service 
Information Collection Clearance Officer using one of the methods 
identified in ADDRESSES.
    Title of Collection: Federal Subsistence Regulations and Associated 
Forms, 50 CFR part 100 and 36 CFR part 242.
    OMB Control Number: 1018-0075.
    Form Numbers: Forms 3-2300, 3-2321 through 3-2323, 3-2326 through 
3-2328, 3-2378, and 3-2379.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Individuals and State, local, and 
Tribal governments. Most respondents are individuals who are federally 
defined rural residents in Alaska.
    Total Estimated Number of Annual Respondents: 15,426.
    Total Estimated Number of Annual Responses: 15,426.
    Estimated Completion Time per Response: Varies from 5 minutes to 40 
hours, depending on activity.
    Total Estimated Number of Annual Burden Hours: 6,947.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion for applications; annually or 
on occasion for reports, recordkeeping, and labeling/marking 
requirements.
    Total Estimated Annual Non-hour Burden Cost: None.
    Send your written comments and suggestions on this information 
collection by the date indicated in DATES to the Service Information 
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB/
PERMA (JAO), 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or 
by email to [email protected]. Please reference OMB Control Number 
1018-0075 in the subject line of your comments.

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 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 economic impact 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 impact 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 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 proposed rule would be by Federal agencies, with 
no cost imposed on any State or local entities or Tribal governments.

Executive Order 12988

    The Secretaries have determined that these proposed 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, this proposed rule does 
not have

[[Page 12293]]

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;
     Eva Patton, 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

0
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 2024-25 
and 2025-26 regulatory years:
    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 
2022-2024 regulatory period for wildlife (87 FR 44846, July 26, 2022).

Sue Detwiler,
Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2023-03825 Filed 2-24-23; 8:45 am]
BILLING CODE 4333-15-P, 3411-15-P