Subsistence Management Regulations for Public Lands in Alaska-2010-11 and 2011-12 Subsistence Taking of Wildlife Regulations, 5127-5130 [E9-1593]
Download as PDF
<![CDATA[
5127
Proposed Rules
Federal Register
Vol. 74, No. 18
Thursday, January 29, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[FWS–R7–SM–2009–0001; 70101–1261–
0000L6]
RIN 1018–AW30
Subsistence Management Regulations
for Public Lands in Alaska—2010–11
and 2011–12 Subsistence Taking of
Wildlife Regulations
AGENCIES: Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
This proposed rule would
establish regulations for hunting and
trapping seasons, harvest limits,
methods, and means related to taking of
wildlife for subsistence uses during the
2010–11 and 2011–12 regulatory years.
The Federal Subsistence Board
completes the biennial process of
revising subsistence hunting and
trapping regulations in even-numbered
years and subsistence fishing 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
biennial cycle. When final, the resulting
rulemaking will replace the existing
subsistence wildlife taking regulations,
which expire on June 30, 2010. This
rule would also amend the customary
and traditional use determinations of
the Federal Subsistence Board and 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
rmajette on PRODPC74 with PROPOSALS
SUMMARY:
VerDate Nov<24>2008
15:24 Jan 28, 2009
Jkt 217001
change this proposed rule on several
dates between February 10 and April 1,
2009, and then hold another round of
public meetings to discuss and receive
comments on the proposals, and make
recommendations on the proposals to
the Federal Subsistence Board, on
several dates between August 25 and
October 28, 2009. The Board will
discuss and evaluate proposed
regulatory changes during a public
meeting in Anchorage, AK, on January
12, 2010. See SUPPLEMENTARY
INFORMATION for additional information
on the public meetings.
Public Comments: Comments and
proposals to change this proposed rule
must be received or postmarked by
April 30, 2009.
ADDRESSES: Public Meetings: The
Federal Subsistence Board and the
Regional Advisory Councils’ public
meetings will be held at various
locations in Alaska. See SUPPLEMENTARY
INFORMATION for additional information
on locations of the public meetings.
Public Comments: You may submit
comments by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery to:
USFWS, Office of Subsistence
Management, 1011 East Tudor Road, MS
121, Attn: Theo Matuskowitz,
Anchorage, AK 99503–6199.
• Hand delivery to the Designated
Federal Official attending any of the
Federal Subsistence Regional Advisory
Council public meetings. See
SUPPLEMENTARY INFORMATION for
additional information on locations of
the public meetings.
We will post all comments on
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: Peter J. Probasco, Office of
Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Steve Kessler,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
Background
Under Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111–3126),
the Secretary of the Interior and the
Secretary of Agriculture (Secretaries)
jointly implement the Federal
Subsistence Management Program. This
program grants a preference for
subsistence uses of fish and wildlife
resources on Federal public lands and
waters in Alaska. The Secretaries first
published regulations to carry out this
program in the Federal Register on May
29, 1992 (57 FR 22940). The Program
has subsequently amended these
regulations several times. Because this
program is a joint effort between Interior
and Agriculture, these regulations are
located in two titles of the Code of
Federal Regulations (CFR): Title 36,
‘‘Parks, Forests, and Public Property,’’
and Title 50, ‘‘Wildlife and Fisheries,’’
at 36 CFR 242.1–28 and 50 CFR 100.1–
28, respectively. The regulations contain
subparts as follows: Subpart A, General
Provisions; Subpart B, Program
Structure; Subpart C, Board
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
Federal Subsistence Board
Consistent with subpart B of these
regulations, the Departments established
a Federal Subsistence Board to
administer the Federal Subsistence
Management Program. The Board is
made up of:
• Chair appointed by the Secretary of
the Interior with concurrence of the
Secretary of Agriculture;
• Alaska Regional Director, U.S. Fish
and Wildlife Service;
• Alaska Regional Director, U.S.
National Park Service;
• Alaska State Director, U.S. Bureau
of Land Management;
• Alaska Regional Director, U.S.
Bureau of Indian Affairs; and
• Alaska Regional Forester, U.S.
Forest Service.
Through the Board, these agencies
participate in the development of
regulations for subparts A, B, and C,
which set forth the basic program, and
they continue to work together on
regularly revising the subpart D
regulations, which, among other things,
set forth specific harvest seasons and
limits.
E:\FR\FM\29JAP1.SGM
29JAP1
5128
Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules
Federal Subsistence Regional Advisory
Councils
In administering the program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Regional
Council. The Regional Councils provide
a forum for rural residents with personal
knowledge of local conditions and
resource requirements to have a
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
rmajette on PRODPC74 with PROPOSALS
Public Review Process—Comments,
Proposals, and Public Meetings
The Regional Councils have a
substantial role in reviewing this
1—Southeast Regional Council ........................................................................................
2—Southcentral Regional Council ...................................................................................
3—Kodiak/Aleutians Regional Council ...........................................................................
4—Bristol Bay Regional Council .....................................................................................
5—Yukon-Kuskokwim Delta Regional Council ..............................................................
6—Western Interior Regional Council .............................................................................
7—Seward Peninsula Regional Council ..........................................................................
8—Northwest Arctic Regional Council ...........................................................................
9—Eastern Interior Regional Council ..............................................................................
10—North Slope Regional Council ..................................................................................
During May 2009, the written
proposals to change subpart D hunting
and trapping regulations and subpart C
customary and traditional use
determinations will be compiled and
distributed for public review. During the
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
meaningful role in the subsistence
management of fish and wildlife on
Federal public lands in Alaska. The
Regional Council members represent
varied geographical, cultural, and user
diversity within each region.
30-day public comment period, which is
presently scheduled to end on June 18,
2009, written public comments will be
accepted on the distributed proposals.
The Board, through the Regional
Councils, will hold a second series of
1—Southeast Regional Council ........................................................................
2—Southcentral Regional Council ...................................................................
3—Kodiak/Aleutians Regional Council ...........................................................
4—Bristol Bay Regional Council .....................................................................
5—Yukon-Kuskokwim Delta Regional Council ..............................................
6—Western Interior Regional Council .............................................................
7—Seward Peninsula Regional Council ..........................................................
8—Northwest Arctic Regional Council ...........................................................
9—Eastern Interior Regional Council ..............................................................
10—North Slope Regional Council ..................................................................
A notice will be published of specific
dates, times, and meeting locations in
local and statewide newspapers prior to
both series of meetings. Locations and
dates may change based on weather or
local circumstances. The amount of
work on each Regional Council’s agenda
determines the length of each Regional
Council meeting.
The Board will discuss and evaluate
proposed changes to the subsistence
management regulations during a public
meeting scheduled to be held in
Anchorage, AK, on January 12, 2010.
The Council Chairs, or their designated
representatives, will present their
respective Councils’ recommendations
at the Board meeting. Additional oral
testimony may be provided on specific
proposals before the Board at that time.
At that public meeting, the Board will
deliberate and take final action on
proposals received that request changes
to this proposed rule.
Proposals to the Board to modify
wildlife harvest regulations and
customary and traditional use
determinations must include the
following information:
VerDate Nov<24>2008
15:24 Jan 28, 2009
Jkt 217001
Frm 00002
Fmt 4702
Sfmt 4702
Petersburg ......................
Anchorage .....................
Kodiak ...........................
Naknek ..........................
St. Marys .......................
Galena ............................
Nome .............................
Kotzebue ........................
Central ...........................
Barrow ...........................
February 24, 2009.
March 10, 2009.
March 31, 2009.
March 24, 2009.
February 24, 2009.
February 18, 2009.
February 10, 2009.
March 5, 2009.
March 10, 2009.
February 17, 2009.
meetings in August through October
2009, to receive comments on specific
proposals and to develop
recommendations to the Board at the
following locations in Alaska, on the
following dates:
Yakutat ........................................
Cooper Landing ..........................
Kodiak .........................................
Dillingham ..................................
Bethel ..........................................
Aniak ...........................................
Nome ...........................................
Kotzebue .....................................
TBA .............................................
Barrow .........................................
(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;
(c) A statement explaining why each
change is necessary;
(d) Proposed wording changes; and
(e) Any additional information that
you believe will help the Board in
evaluating the proposed change.
The Board rejects proposals that fail
to include the above information, or
proposals that are beyond the scope of
authorities in § l.24, subpart C (the
regulations governing customary and
traditional use determinations), and
§§ l.25, andl.26, subpart D (the
general and specific regulations
governing the subsistence take of
wildlife). During the January 12, 2010,
meeting, the Board may defer review
and action on some proposals to allow
time for local 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 Councils, or the Board
PO 00000
proposed rule and making
recommendations for the final rule. The
Federal Subsistence Board (Board),
through the Regional Councils, will
hold meetings on this proposed rule at
the following locations in Alaska, on the
following dates:
October 6, 2009.
October 13, 2009.
September 10, 2009.
October 27, 2009.
October 1, 2009.
October 6, 2009.
October 1, 2009.
October 27, 2009.
October 13, 2009.
August 25, 2009.
becomes excessive. These deferrals may
be based on recommendations by the
affected Regional 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. The Board may consider and
act on alternatives that address the
intent of a proposal while differing in
approach.
Proposed Changes From the 2008–10
Wildlife Seasons and Harvest Limit
Regulations
Subpart D regulations are subject to
periodic review and revision. The
Federal Subsistence Board completes
the biennial process of revising
subsistence hunting and trapping
regulations in even-numbered years and
subsistence fishing 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 biennial cycle.
The text of the 2008–10 subparts C
and D final rule published June 24, 2008
E:\FR\FM\29JAP1.SGM
29JAP1
Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules
(73 FR 35726), serves as the foundation
for this 2010–12 subparts C and D
proposed rule. The regulations relating
to wildlife contained in this proposed
rule will take effect on July 1, 2010,
unless elements are changed by
subsequent Board action following the
public review process outlined above in
this document.
Compliance With Statutory and
Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact
Statement (DEIS) 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.
rmajette on PRODPC74 with PROPOSALS
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 this rule was conducted in
VerDate Nov<24>2008
15:24 Jan 28, 2009
Jkt 217001
accordance with section 810. That
evaluation also supported the
Secretaries’ determination that the rule
will not reach the ‘‘may significantly
restrict’’ threshold that would require
notice and hearings under ANILCA
section 810(a).
Paperwork Reduction Act
The information collection
requirements contained in this rule have
been approved by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) and assigned
OMB control number 1018–0075, which
expires October 31, 2009. We may not
conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a current
valid OMB control number.
Regulatory Planning and Review
(Executive Order 12866)
The Office of Management and Budget
(OMB) has determined that this rule is
not significant and has not reviewed
this rule under Executive Order 12866.
OMB bases its determination upon the
following four criteria:
(a) Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of the
government.
(b) Whether the rule will create
inconsistencies with other agencies’
actions.
(c) Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
(d) Whether the rule raises novel legal
or policy issues.
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
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 2 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
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
5129
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 rule is not a major rule. It
does 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 does not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
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
regulations have no potential takings of
private property implications as defined
by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this rulemaking will not
impose a cost of $100 million or more
in any given year on local or State
governments or private entities. The
implementation of this rule is by
Federal agencies and there is no cost
imposed on any State or local entities or
tribal governments.
Executive Order 12988
The Secretaries have determined that
these regulations meet the applicable
standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988,
regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order
13132, the 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
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and 512 DM 2, we have
evaluated possible effects on Federally
recognized Indian tribes and have
E:\FR\FM\29JAP1.SGM
29JAP1
5130
Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 / Proposed Rules
determined that there are no substantial
direct effects. The Bureau of Indian
Affairs is a participating agency in this
rulemaking.
Executive Order 13211
On May 18, 2001, the President issued
Executive Order 13211 on regulations
that significantly affect energy supply,
distribution, or use. This Executive
Order requires agencies to prepare
Statements of Energy Effects when
undertaking certain actions. This rule is
not a significant regulatory action under
Executive Order 13211, affecting energy
supply, distribution, or use, and no
Statement of Energy Effects is required.
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.
rmajette on PRODPC74 with PROPOSALS
BILLING CODE 3410–11–P; 4310–55–P
Letters
POSTAL SERVICE
39 CFR Part 111
New Standards for Domestic Mailing
Services
Postal Service TM.
ACTION: Proposed rule.
Theo Matuskowitz drafted these
regulations under the guidance of Peter
J. Probasco of the Office of Subsistence
Management, Alaska Regional Office,
U.S. Fish and Wildlife Service,
Anchorage, Alaska. Additional
assistance was provided by:
• Daniel Sharp, Alaska State Office,
Bureau of Land Management;
• Sandy Rabinowitch and Nancy
Swanton, Alaska Regional Office,
National Park Service;
• Drs. Warren Eastland and Glenn
Chen, Alaska Regional Office, Bureau of
Indian Affairs;
• Jerry Berg and Carl Jack, Alaska
Regional Office, U.S. Fish and Wildlife
Service; and
• Steve Kessler, Alaska Regional
Office, U.S. Forest Service.
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 2010–
11 and 2011–12 regulatory years. The
text of the proposed rule is the same as
the final rule for the 2008–09 and 2009–
10 wildlife regulatory years published
in the Federal Register June 24, 2008
(73 FR 35726).
15:24 Jan 28, 2009
in May 2010. We summarize the
revisions by shape for 2009 and 2010,
and provide proposed changes to the
mailing standards in the DMM. We
invite your comments on the proposed
standards.
AGENCY:
Drafting Information
VerDate Nov<24>2008
Dated: January 6, 2009.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: January 6, 2009.
Steve Kessler,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. E9–1593 Filed 1–28–09; 8:45 am]
Jkt 217001
SUMMARY: In February 2009, the Postal
Service will file a notice of mailing
services price adjustments with the
Postal Regulatory Commission, effective
in May 2009. This proposed rule
provides the mailing standards that
would accompany new prices in 2009
and 2010.
DATES: We must receive your comments
on or before March 2, 2009.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
Standards, U.S. Postal Service, 475
L’Enfant Plaza, SW., Room 3436,
Washington, DC 20260–3436. You may
inspect and photocopy all written
comments at USPS Headquarters
Library, 475 L’Enfant Plaza, SW., 11th
Floor N, Washington, DC between 9 a.m.
and 4 p.m., Monday through Friday. Email comments, containing the name
and address of the commenter, may be
sent to: MailingStandards@usps.gov,
with a subject line of ‘‘Price-related
Proposal Comments.’’ Faxed comments
are not accepted.
FOR FURTHER INFORMATION CONTACT: Bill
Chatfield, 202–268–7278.
SUPPLEMENTARY INFORMATION: The Postal
Service’s proposed rule includes:
Several mail classification changes,
modifications to mailpiece
characteristics, and changes in
classification terminology. This
proposed rule contains the revisions to
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) that we would adopt to
implement the new prices. Additional
changes will be included in a separate
final rule to support prices established
by the Governors.
We think it is vital to share proposed
modifications to mailing standards as
far in advance as possible; therefore,
included are additional proposed
revisions scheduled for implementation
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
Proposed Changes for Letters and Flats
for May 2009
In May 2009, we propose alignment of
standards for commercial machinable
and automation letters so all machinable
letters have the physical characteristics
required of automation letters, with the
exception of a qualifying barcode.
Commercial letters that are not
machinable are mailed as
nonmachinable letters.
We propose a new minimum 0.009inch thickness standard for automation
and machinable letters.
We propose new static charge and the
coefficient of friction standards for
automation and machinable letters to
ensure they do not produce excessive
static charge and can be handled
efficiently when inducted and removed
from processing equipment.
Our proposal revises the list of
nonmachinable characteristics. We
clarify that letters with nonpaper
surfaces, and letters with keys, coins or
similar objects that are either loose or
thick enough to make a letter
nonuniform in thickness, render letters
nonmachinable. Letters that do not meet
the ‘‘automation-compatible’’ physical
standards in DMM 201.3.0 would be
considered nonmachinable letters.
We propose to allow optional
sortation of First-Class Mail and
Standard Mail automation letters and
Standard Mail machinable letters to all
applicable sort levels, with prices
matching the level of sortation chosen.
We propose to revise standards for
window envelopes on letter-size
mailpieces, restricting the size of an
address block window to extend no
closer to the bottom edge than 3⁄4 inch
when the window is within 43⁄4 inches
of the envelope’s leading edge and no
closer than 1 inch to any other edge. For
best compatibility with processing, we
recommend a window size no greater
than 2 inches by 41⁄2 inches.
Flats
Effective in May 2009, we plan to
extend the eligibility for automation
prices to certain flat-size mailpieces that
are not able to meet the flexibility
standards in DMM 301.1.3, but that are
able to demonstrate flats machine
compatibility through a Pricing and
Classification Service Center (PCSC)administered testing process. Some flat-
E:\FR\FM\29JAP1.SGM
29JAP1
]]>Agencies
[Federal Register Volume 74, Number 18 (Thursday, January 29, 2009)]
[Proposed Rules]
[Pages 5127-5130]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1593]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 74, No. 18 / Thursday, January 29, 2009 /
Proposed Rules
[[Page 5127]]
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[FWS-R7-SM-2009-0001; 70101-1261-0000L6]
RIN 1018-AW30
Subsistence Management Regulations for Public Lands in Alaska--
2010-11 and 2011-12 Subsistence Taking of Wildlife Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, methods, and means related to taking
of wildlife for subsistence uses during the 2010-11 and 2011-12
regulatory years. The Federal Subsistence Board completes the biennial
process of revising subsistence hunting and trapping regulations in
even-numbered years and subsistence fishing 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 biennial cycle.
When final, the resulting rulemaking will replace the existing
subsistence wildlife taking regulations, which expire on June 30, 2010.
This rule would also amend the customary and traditional use
determinations of the Federal Subsistence Board and the general
regulations on subsistence taking of fish and wildlife.
DATES: Public meetings: The Federal Subsistence Regional Advisory
Councils will hold public meetings to receive comments and make
proposals to change this proposed rule on several dates between
February 10 and April 1, 2009, and then hold another round of public
meetings to discuss and receive comments on the proposals, and make
recommendations on the proposals to the Federal Subsistence Board, on
several dates between August 25 and October 28, 2009. The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in Anchorage, AK, on January 12, 2010. See SUPPLEMENTARY
INFORMATION for additional information on the public meetings.
Public Comments: Comments and proposals to change this proposed
rule must be received or postmarked by April 30, 2009.
ADDRESSES: Public Meetings: The Federal Subsistence Board and the
Regional Advisory Councils' public meetings will be held at various
locations in Alaska. See SUPPLEMENTARY INFORMATION for additional
information on locations of the public meetings.
Public Comments: You may submit comments by one of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery to: USFWS, Office of
Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199.
Hand delivery to the Designated Federal Official attending
any of the Federal Subsistence Regional Advisory Council public
meetings. See SUPPLEMENTARY INFORMATION for additional information on
locations of the public meetings.
We will post all comments on 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: Peter J. Probasco, Office of
Subsistence Management; (907) 786-3888 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Regional Subsistence Program Leader, USDA, Forest Service,
Alaska Region; (907) 743-9461.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. This program grants a
preference for subsistence uses of fish and wildlife resources on
Federal public lands and waters in Alaska. The Secretaries first
published regulations to carry out this program in the Federal Register
on May 29, 1992 (57 FR 22940). The Program has subsequently amended
these regulations several times. Because this program is a joint effort
between Interior and Agriculture, these regulations are located in two
titles of the Code of Federal Regulations (CFR): Title 36, ``Parks,
Forests, and Public Property,'' and Title 50, ``Wildlife and
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively. The
regulations contain subparts as follows: Subpart A, General Provisions;
Subpart B, Program Structure; Subpart C, Board Determinations; and
Subpart D, Subsistence Taking of Fish and Wildlife.
Federal Subsistence Board
Consistent with subpart B of these regulations, the Departments
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board is made up of:
Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
Alaska Regional Director, U.S. Fish and Wildlife Service;
Alaska Regional Director, U.S. National Park Service;
Alaska State Director, U.S. Bureau of Land Management;
Alaska Regional Director, U.S. Bureau of Indian Affairs;
and
Alaska Regional Forester, U.S. Forest Service.
Through the Board, these agencies participate in the development of
regulations for subparts A, B, and C, which set forth the basic
program, and they continue to work together on regularly revising the
subpart D regulations, which, among other things, set forth specific
harvest seasons and limits.
[[Page 5128]]
Federal Subsistence Regional Advisory Councils
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Council. The Regional 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
Council members represent varied geographical, cultural, and user
diversity within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Regional Councils have a substantial role in reviewing this
proposed rule and making recommendations for the final rule. The
Federal Subsistence Board (Board), through the Regional Councils, will
hold meetings on this proposed rule at the following locations in
Alaska, on the following dates:
Region 1--Southeast Regional Council....... Petersburg.................. February 24, 2009.
Region 2--Southcentral Regional Council.... Anchorage................... March 10, 2009.
Region 3--Kodiak/Aleutians Regional Council Kodiak...................... March 31, 2009.
Region 4--Bristol Bay Regional Council..... Naknek...................... March 24, 2009.
Region 5--Yukon-Kuskokwim Delta Regional St. Marys................... February 24, 2009.
Council.
Region 6--Western Interior Regional Council Galena...................... February 18, 2009.
Region 7--Seward Peninsula Regional Council Nome........................ February 10, 2009.
Region 8--Northwest Arctic Regional Council Kotzebue.................... March 5, 2009.
Region 9--Eastern Interior Regional Council Central..................... March 10, 2009.
Region 10--North Slope Regional Council.... Barrow...................... February 17, 2009.
During May 2009, the written proposals to change subpart D hunting
and trapping regulations and subpart C customary and traditional use
determinations will be compiled and distributed for public review.
During the 30-day public comment period, which is presently scheduled
to end on June 18, 2009, written public comments will be accepted on
the distributed proposals.
The Board, through the Regional Councils, will hold a second series
of meetings in August through October 2009, to receive comments on
specific proposals and to develop recommendations to the Board at the
following locations in Alaska, on the following dates:
Region 1--Southeast Regional Council....... Yakutat.................... October 6, 2009.
Region 2--Southcentral Regional Council.... Cooper Landing............. October 13, 2009.
Region 3--Kodiak/Aleutians Regional Council Kodiak..................... September 10, 2009.
Region 4--Bristol Bay Regional Council..... Dillingham................. October 27, 2009.
Region 5--Yukon-Kuskokwim Delta Regional Bethel..................... October 1, 2009.
Council.
Region 6--Western Interior Regional Council Aniak...................... October 6, 2009.
Region 7--Seward Peninsula Regional Council Nome....................... October 1, 2009.
Region 8--Northwest Arctic Regional Council Kotzebue................... October 27, 2009.
Region 9--Eastern Interior Regional Council TBA........................ October 13, 2009.
Region 10--North Slope Regional Council.... Barrow..................... August 25, 2009.
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to both series of
meetings. Locations and dates may change based on weather or local
circumstances. The amount of work on each Regional Council's agenda
determines the length of each Regional Council meeting.
The Board will discuss and evaluate proposed changes to the
subsistence management regulations during a public meeting scheduled to
be held in Anchorage, AK, on January 12, 2010. The Council Chairs, or
their designated representatives, will present their respective
Councils' recommendations at the Board meeting. Additional oral
testimony may be provided on specific proposals before the Board at
that time. At that public meeting, the Board will deliberate and take
final action on proposals received that request changes to this
proposed rule.
Proposals to the Board to modify wildlife harvest regulations and
customary and traditional use determinations must include the following
information:
(a) Name, address, and telephone number of the requestor;
(b) Each section and/or paragraph designation in this proposed rule
for which changes are suggested;
(c) A statement explaining why each change is necessary;
(d) Proposed wording changes; and
(e) Any additional information that you believe will help the Board
in evaluating the proposed change.
The Board rejects proposals that fail to include the above
information, or proposals that are beyond the scope of authorities in
Sec. --.24, subpart C (the regulations governing customary and
traditional use determinations), and Sec. Sec. --.25, and--.26,
subpart D (the general and specific regulations governing the
subsistence take of wildlife). During the January 12, 2010, meeting,
the Board may defer review and action on some proposals to allow time
for local 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 Councils, or the Board
becomes excessive. These deferrals may be based on recommendations by
the affected Regional 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. The Board may consider and act on alternatives that
address the intent of a proposal while differing in approach.
Proposed Changes From the 2008-10 Wildlife Seasons and Harvest Limit
Regulations
Subpart D regulations are subject to periodic review and revision.
The Federal Subsistence Board completes the biennial process of
revising subsistence hunting and trapping regulations in even-numbered
years and subsistence fishing 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 biennial cycle.
The text of the 2008-10 subparts C and D final rule published June
24, 2008
[[Page 5129]]
(73 FR 35726), serves as the foundation for this 2010-12 subparts C and
D proposed rule. The regulations relating to wildlife contained in this
proposed rule will take effect on July 1, 2010, unless elements are
changed by subsequent Board action following the public review process
outlined above in this document.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement (DEIS) 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 this
rule was conducted in accordance with section 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA section 810(a).
Paperwork Reduction Act
The information collection requirements contained in this rule have
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and assigned
OMB control number 1018-0075, which expires October 31, 2009. We may
not conduct or sponsor, and you are not required to respond to, a
collection of information unless it displays a current valid OMB
control number.
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four
criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
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 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 2 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 rule is not a major rule. It does 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 does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
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
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule is by Federal agencies and there is no cost
imposed on any State or local entities or tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the 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
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have
[[Page 5130]]
determined that there are no substantial direct effects. The Bureau of
Indian Affairs is a participating agency in this rulemaking.
Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This rule is not a
significant regulatory action under Executive Order 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Peter J. Probasco of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by:
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Sandy Rabinowitch and Nancy Swanton, Alaska Regional
Office, National Park Service;
Drs. Warren Eastland and Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
Jerry Berg and Carl Jack, Alaska Regional Office, U.S.
Fish and Wildlife Service; and
Steve Kessler, Alaska Regional Office, U.S. 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.
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
2010-11 and 2011-12 regulatory years. The text of the proposed rule is
the same as the final rule for the 2008-09 and 2009-10 wildlife
regulatory years published in the Federal Register June 24, 2008 (73 FR
35726).
Dated: January 6, 2009.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: January 6, 2009.
Steve Kessler,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. E9-1593 Filed 1-28-09; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
