Subsistence Management Regulations for Public Lands in Alaska-2012-13 and 2013-14 Subsistence Taking of Wildlife Regulations, 6730-6734 [2011-2679]

Download as PDF 6730 Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Proposed Rules Reform, to minimize litigation, eliminate ambiguity, and reduce burden. not consider the use of voluntary consensus standards. Protection of Children We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a safety zone which can be categorically excluded, under figure 2–1, paragraph (34)(g), of the Commandant Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. Environment We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. emcdonald on DSK2BSOYB1PROD with PROPOSALS Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did VerDate Mar<15>2010 17:16 Feb 07, 2011 Jkt 223001 this safety zone is prohibited unless authorized by the Captain of the Port New York or the designated on-scene representative. (3) The ‘‘designated on-scene representative’’ is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port New York. (4) Vessel operators desiring to enter or operate within the safety zone may contact the Captain of the Port New York or his designated representative at the Coast Guard Sector New York Command Center via VHF Channel 16 or by phone at (718) 354–4353 to request permission. (5) Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port New York or the on-scene representative. Dated: January 14, 2011. L.L. Fagan, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2011–2689 Filed 2–7–11; 8:45 am] BILLING CODE 9110–04–P List of Subjects in 33 CFR Part 165 Harbors, Marine Safety Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: DEPARTMENT OF AGRICULTURE PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Fish and Wildlife Service 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.171 to read as follows: § 165.171 Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn, NY. (a) Location. The following area is a safety zone: All navigable waters of Gravesend Bay within a 110-yard radius of a point in position 40°36′30″ N, 074°02′14″ W (NAD 83), approximately 70-yards southeast of the Verrazano Bridge Brooklyn tower. (b) Effective date. This safety zone is effective on July 01, 2011, twenty-four hours a day, seven days a week. (c) Regulations. (1) The general regulation contained in 33 CFR 165.23 apply. (2) Entry into, transiting, diving, dredging, dumping, fishing, trawling, conducting salvage operations, remaining within or anchoring within PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR 50 CFR Part 100 [Docket No. FWS–R7–SM–2010–0066; [70101–1261–0000L6] RIN 1018–AX33 Subsistence Management Regulations for Public Lands in Alaska—2012–13 and 2013–14 Subsistence Taking of Wildlife Regulations Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCIES: 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 2012–2013 and 2013–2014 regulatory years. The Federal Subsistence Board is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. SUMMARY: E:\FR\FM\08FEP1.SGM 08FEP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Proposed Rules The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This rule would also amend the general regulations on subsistence taking of fish and wildlife. DATES: Public meetings: The Federal Subsistence Regional Advisory Councils will hold public meetings to receive comments and make proposals to change this proposed rule on several dates between February 15 and March 24, 2011, 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 23 and October 13, 2011. The Board will discuss and evaluate proposed regulatory changes during a public meeting in Anchorage, AK, in January 2012. 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 March 24, 2011. 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 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 and search for FWS–R7–SM–2010–0066, which is the docket number for this rulemaking. • By hard copy: U.S. mail or handdelivery to: USFWS, Office of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo Matuskowitz, Anchorage, AK 99503– 6199, or hand delivery to the Designated Federal Official attending any of the Federal Subsistence Regional Advisory Council public meetings. See SUPPLEMENTARY INFORMATION for additional information on locations of the public meetings. We will post all comments on 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, VerDate Mar<15>2010 17:16 Feb 07, 2011 Jkt 223001 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 or skessler@fs.fed.us. SUPPLEMENTARY INFORMATION: Background Under Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), the Secretary of the Interior and the Secretary of Agriculture (Secretaries) jointly implement the Federal Subsistence Management Program. This program provides a preference for take of fish and wildlife resources for subsistence uses on Federal public lands and waters in Alaska. The Secretaries published temporary regulations to carry out this program in the Federal Register on June 29, 1990 (55 FR 27114), and final regulations were published in the Federal Register on May 29, 1992 (57 FR 22940). The Program has subsequently amended these regulations a number of times. Because this program is a joint effort between Interior and Agriculture, these regulations are located in two titles of the Code of Federal Regulations (CFR): Title 36, ‘‘Parks, Forests, and Public Property,’’ and Title 50, ‘‘Wildlife and Fisheries,’’ at 36 CFR 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. Consistent with subpart B of these regulations, the Secretaries established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board is currently made up of: • 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, U.S. National Park Service; • The Alaska State Director, U.S. Bureau of Land Management; • The Alaska Regional Director, U.S. Bureau of Indian Affairs; and • The Alaska Regional Forester, U.S. Forest Service. Through the Board, these agencies participate in the development of regulations for subparts C and D, which, among other things, set forth program eligibility and specific harvest seasons and limits. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 6731 In administering the program, the Secretaries divided Alaska into 10 subsistence resource regions, each of which is represented by a Regional Advisory Council. The Regional Advisory Councils provide a forum for rural residents with personal knowledge of local conditions and resource requirements to have a meaningful role in the subsistence management of fish and wildlife on Federal public lands in Alaska. The Regional Advisory Council members represent varied geographical, cultural, and user interests within each region. Public Review Process—Comments, Proposals, and Public Meetings The Regional Advisory Councils have a substantial role in reviewing this proposed rule and making recommendations for the final rule. The Federal Subsistence Board, through the Regional Advisory Councils, will hold meetings on this proposed rule at the following locations in Alaska, on the following dates: Region 1—Southeast Regional Council, Sitka, March 22, 2011 Region 2—Southcentral Regional Council, Anchorage, March 16, 2011 Region 3—Kodiak/Aleutians Regional Council, Kodiak, February 16, 2011 Region 4—Bristol Bay Regional Council, Naknek, March 9, 2011 Region 5—Yukon–Kuskokwim Delta Regional Council, Mtn. Village, February 23, 2011 Region 6—Western Interior Regional Council, Galena, March 1, 2011 Region 7—Seward Peninsula Regional Council, Nome, February 15, 2011 Region 8—Northwest Arctic Regional Council, Kotzebue, March 18, 2011 Region 9—Eastern Interior Regional Council, Fairbanks, March 3, 2011 Region 10—North Slope Regional Council, Barrow, March 7, 2011 During April 2011, the written proposals to change the subpart D, take of wildlife regulations and subpart C, customary and traditional use determinations, will be compiled and distributed for public review. During the 30-day public comment period, which is presently scheduled to end on May 15, 2011, written public comments will be accepted on the distributed proposals. The Board, through the Regional Advisory Councils, will hold a second series of meetings in August through October 2011, 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, Wrangell, September 27, 2011 E:\FR\FM\08FEP1.SGM 08FEP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS 6732 Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Proposed Rules Region 2—Southcentral Regional Council, Cantwell, October 3, 2011 Region 3—Kodiak/Aleutians Regional Council, Cold Bay, September 7, 2011 Region 4—Bristol Bay Regional Council, Dillingham, October 12, 2011 Region 5—Yukon–Kuskokwim Delta Regional Council, TBA, September 29, 2011 Region 6—Western Interior Regional Council, Aniak, October 4, 2011 Region 7—Seward Peninsula Regional Council, Nome, September 21, 2011 Region 8—Northwest Arctic Regional Council, TBA, August 23, 2011 Region 9—Eastern Interior Regional Council, Tanana, October 11, 2011 Region 10—North Slope Regional Council, TBA, August 23, 2011 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 Advisory Council’s agenda determines the length of each Regional Advisory 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, in January 2012. The 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 requestor; b. Each section and/or paragraph designation in this proposed rule for which changes are suggested, if applicable; c. A description of the regulatory change(s) desired; d. A statement explaining why each change is necessary; e. Proposed wording changes; and f. Any additional information that you believe will help the Board in evaluating the proposed change. The Board immediately rejects proposals that fail to include the above information, or proposals that are VerDate Mar<15>2010 17:16 Feb 07, 2011 Jkt 223001 beyond the scope of authorities in § ___.24, subpart C (the regulations governing customary and traditional use determinations), and §§ ___.25 and ___.26, subpart D (the general and specific regulations governing the subsistence take of wildlife). During the January 2012 meeting, the Board may defer review and action on some proposals to allow time for cooperative planning efforts, or to acquire additional needed information. The Board may elect to defer taking action on any given proposal if the workload of staff, Regional Advisory Councils, or the Board becomes excessive. These deferrals may be based on recommendations by the affected Regional Advisory Council(s) or staff members, or on the basis of the Board’s intention to do least harm to the subsistence user and the resource involved. A proponent of a proposal may withdraw the proposal provided it has not been presented to a Regional Advisory Council for action. The Board may consider and act on alternatives that address the intent of a proposal while differing in approach. 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 75 FR 60810 (October 1, 2010). Consultation with Alaska Native corporations is based on Public Law 108–199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Public Law 108–447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides that: ‘‘The Director of the Office of Management and Budget and all Federal agencies shall hereafter consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175.’’ The Alaska National Interest Lands Conservation Act does not provide 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 rule. The Board will engage in outreach efforts for this rule, including a notification letter, to ensure that Tribes and Alaska Native corporations are PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 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, e-mail, 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. The Board will inform the Tribes and Alaska Native corporations how their recommendations were considered. Developing the 2012–13 and 2013–14 Wildlife Seasons and Harvest Limit Regulations Subpart C and D regulations are subject to periodic review and revision. The Federal Subsistence Board currently completes the process of revising subsistence take of wildlife regulations in even-numbered years and fish and shellfish regulations in oddnumbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. The text of the final rule published June 30, 2010 (75 FR 37918) for the 2010–12 subparts C and D regulations is the text of this proposed rule. These regulations will remain in effect until subsequent Board action changes elements as a result of the public review process outlined above in this document. Compliance With Statutory and Regulatory Authorities National Environmental Policy Act A Draft Environmental Impact Statement that described four alternatives for developing a Federal Subsistence Management Program was distributed for public comment on October 7, 1991. The Final Environmental Impact Statement (FEIS) was published on February 28, 1992. The Record of Decision (ROD) on Subsistence Management for Federal Public Lands in Alaska was signed April 6, 1992. The selected alternative in the FEIS (Alternative IV) defined the administrative framework of an annual E:\FR\FM\08FEP1.SGM 08FEP1 Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Proposed Rules 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 § 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 § 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 § 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 § 810(a). emcdonald on DSK2BSOYB1PROD with PROPOSALS Paperwork Reduction Act An agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. This proposed rule does not contain any new collections of information that require OMB approval. OMB has reviewed and approved the following collections of information associated with the subsistence regulations at 36 CFR part 242 and 50 CFR part 100: Subsistence hunting and fishing applications, permits, and reports, Federal Subsistence Regional Advisory Council Membership Application/Nomination and Interview Forms (OMB Control No. 1018–0075 expires January 31, 2013). VerDate Mar<15>2010 17:16 Feb 07, 2011 Jkt 223001 Regulatory Planning and Review (Executive Order 12866) The Office of Management and Budget (OMB) has determined that this proposed 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 two million pounds of meat are harvested by subsistence users annually and, if given an estimated dollar value of $3.00 per pound, this amount would equate to about $6 million in food value statewide. Based upon the amounts and values cited above, the Departments certify that this rulemaking will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Small Business Regulatory Enforcement Fairness Act Under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.), this 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. PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 6733 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 §§ 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. Executive Order 13132 In accordance with Executive Order 13132, the proposed rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands unless it meets certain requirements. Executive Order 13175 The Alaska National Interest Lands Conservation Act does not provide rights to tribes for the subsistence taking of wildlife, fish, and shellfish. However, the Board will provide Federally recognized Tribes and Alaska Native corporations an opportunity to consult on this rule. Consultation with Alaska Native corporations are based on Public Law 108–199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Public Law 108–447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides that: ‘‘The Director of the Office of Management and Budget and all Federal agencies shall hereafter consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175.’’ The Secretaries, through the Board, will provide 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 E:\FR\FM\08FEP1.SGM 08FEP1 6734 Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Proposed Rules input in person, by mail, e-mail, 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. January 13, 2011. Peter J. Probasco, Acting Chair, Federal Subsistence Board. January 13, 2011. Steve Kessler, Subsistence Program Leader, USDA–Forest Service. [FR Doc. 2011–2679 Filed 2–7–11; 8:45 am] BILLING CODE 3410–11–P; 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 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; • Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; • Jerry Berg, 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. emcdonald on DSK2BSOYB1PROD with PROPOSALS Proposed Regulation Promulgation For the reasons set out in the preamble, the Federal Subsistence Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the 2012– 13 and 2013–14 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 2010–12 regulatory period (75 FR 37918; June 30, 2010), as modified by any subsequent Federal Subsistence Board action. VerDate Mar<15>2010 17:16 Feb 07, 2011 Jkt 223001 50 CFR Part 17 [Docket No. FWS–R9–IA–2008–0123; MO 92210–1113FWDB B6] RIN 1018–AI83 Endangered and Threatened Wildlife and Plants; Reclassifying the Wood Bison (Bison bison athabascae) Under the Endangered Species Act as Threatened Throughout Its Range Fish and Wildlife Service, Interior. ACTION: Proposed rule and notice of 12month petition finding. AGENCY: We, the U.S. Fish and Wildlife Service (Service), propose to reclassify the wood bison (Bison bison athabascae) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). This proposed action is amended based on a review of the best available scientific and commercial data, which indicate that the endangered designation no longer correctly reflects the status of the wood bison. This proposal also constitutes our 12-month finding on the petition to reclassify this subspecies. We are seeking data and comments from the public on this proposed rule. DATES: We must receive your written comments on this proposed rule by April 11, 2011 in order to consider them. We must receive your written request for a public hearing by March 25, 2011. ADDRESSES: You may submit written comments and other information by either of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R9– IA–2008–0123; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. We will post all comments on https://www.regulations.gov. This SUMMARY: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 generally means that we will post any personal information you provide us (see the Public Comments section below for more information). FOR FURTHER INFORMATION CONTACT: Marilyn Myers at U.S. Fish and Wildlife Service, Fisheries and Ecological Services, 1011 E. Tudor Road, Anchorage, Alaska 99503, or telephone 907–786–3559 or by facsimile at (907) 786–3848. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: Public Comments We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule to reclassify the wood bison as threatened. The comments that will be most useful and likely to influence our decisions are those that are supported by data or peer-reviewed studies and those that include citations to, and analyses of, applicable laws and regulations. Please make your comments as specific as possible and explain the basis for them. In addition, please include sufficient information with your comments (such as scientific journal articles or other publications) to allow us to authenticate any scientific or commercial information you include. We particularly seek comments concerning: (1) Information on taxonomy, distribution, habitat selection and use, food habits, population density and trends, habitat trends, disease, and effects of management on wood bison; (2) Information on captive herds, including efficacy of breeding and reintroduction programs, origin of parental stock, stock supplementation for genetic purposes, growth rates, birth and mortality rates in captivity, location of captive herds in comparison to wild populations, effects of captive breeding on the species, and any other factors from captive breeding that might affect wild populations or natural habitat; (3) Information on the adequacy of existing regulatory mechanisms; trends in domestic and international trade of live specimens, sport-hunted trophies, or other parts and products; poaching of wild wood bison; illegal trade and enforcement efforts and solutions; and E:\FR\FM\08FEP1.SGM 08FEP1

Agencies

[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Proposed Rules]
[Pages 6730-6734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2679]


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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-2010-0066; [70101-1261-0000L6]
RIN 1018-AX33


Subsistence Management Regulations for Public Lands in Alaska--
2012-13 and 2013-14 Subsistence Taking of Wildlife Regulations

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would establish regulations for hunting and 
trapping seasons, harvest limits, methods and means related to taking 
of wildlife for subsistence uses during the 2012-2013 and 2013-2014 
regulatory years. The Federal Subsistence Board is on a schedule of 
completing the process of revising subsistence taking of wildlife 
regulations in even-numbered years and subsistence taking of fish and 
shellfish regulations in odd-numbered years; public proposal and review 
processes take place during the preceding year.

[[Page 6731]]

The Board also addresses customary and traditional use determinations 
during the applicable cycle. When final, the resulting rulemaking will 
replace the existing subsistence wildlife taking regulations. This rule 
would also amend the general regulations on subsistence taking of fish 
and wildlife.

DATES: Public meetings: The Federal Subsistence Regional Advisory 
Councils will hold public meetings to receive comments and make 
proposals to change this proposed rule on several dates between 
February 15 and March 24, 2011, 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 23 and October 13, 2011. The Board will 
discuss and evaluate proposed regulatory changes during a public 
meeting in Anchorage, AK, in January 2012. 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 March 24, 2011.

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 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 and search for FWS-R7-SM-2010-0066, which is 
the docket number for this rulemaking.
     By hard copy: U.S. mail or hand-delivery to: USFWS, Office 
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo 
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the 
Designated Federal Official attending any of the Federal Subsistence 
Regional Advisory Council public meetings. See SUPPLEMENTARY 
INFORMATION for additional information on locations of the public 
meetings.

We will post all comments on 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 or skessler@fs.fed.us.

SUPPLEMENTARY INFORMATION:

Background

    Under Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and 
the Secretary of Agriculture (Secretaries) jointly implement the 
Federal Subsistence Management Program. This program provides a 
preference for take of fish and wildlife resources for subsistence uses 
on Federal public lands and waters in Alaska. The Secretaries published 
temporary regulations to carry out this program in the Federal Register 
on June 29, 1990 (55 FR 27114), and final regulations were published in 
the Federal Register on May 29, 1992 (57 FR 22940). The Program has 
subsequently amended these regulations a number of times. Because this 
program is a joint effort between Interior and Agriculture, these 
regulations are located in two titles of the Code of Federal 
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' 
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 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.
    Consistent with subpart B of these regulations, the Secretaries 
established a Federal Subsistence Board to administer the Federal 
Subsistence Management Program. The Board is currently made up of:
     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, U.S. National Park Service;
     The Alaska State Director, U.S. Bureau of Land Management;
     The Alaska Regional Director, U.S. Bureau of Indian 
Affairs; and
     The Alaska Regional Forester, U.S. Forest Service.
    Through the Board, these agencies participate in the development of 
regulations for subparts C and D, which, among other things, set forth 
program eligibility and specific harvest seasons and limits.
    In administering the program, the Secretaries divided Alaska into 
10 subsistence resource regions, each of which is represented by a 
Regional Advisory Council. The Regional Advisory Councils provide a 
forum for rural residents with personal knowledge of local conditions 
and resource requirements to have a meaningful role in the subsistence 
management of fish and wildlife on Federal public lands in Alaska. The 
Regional Advisory Council members represent varied geographical, 
cultural, and user interests within each region.

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

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

Region 1--Southeast Regional Council, Sitka, March 22, 2011
Region 2--Southcentral Regional Council, Anchorage, March 16, 2011
Region 3--Kodiak/Aleutians Regional Council, Kodiak, February 16, 2011
Region 4--Bristol Bay Regional Council, Naknek, March 9, 2011
Region 5--Yukon-Kuskokwim Delta Regional Council, Mtn. Village, 
February 23, 2011
Region 6--Western Interior Regional Council, Galena, March 1, 2011
Region 7--Seward Peninsula Regional Council, Nome, February 15, 2011
Region 8--Northwest Arctic Regional Council, Kotzebue, March 18, 2011
Region 9--Eastern Interior Regional Council, Fairbanks, March 3, 2011
Region 10--North Slope Regional Council, Barrow, March 7, 2011

    During April 2011, the written proposals to change the subpart D, 
take of wildlife regulations and subpart C, customary and traditional 
use determinations, will be compiled and distributed for public review. 
During the 30-day public comment period, which is presently scheduled 
to end on May 15, 2011, written public comments will be accepted on the 
distributed proposals.
    The Board, through the Regional Advisory Councils, will hold a 
second series of meetings in August through October 2011, 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, Wrangell, September 27, 2011

[[Page 6732]]

Region 2--Southcentral Regional Council, Cantwell, October 3, 2011
Region 3--Kodiak/Aleutians Regional Council, Cold Bay, September 7, 
2011
Region 4--Bristol Bay Regional Council, Dillingham, October 12, 2011
Region 5--Yukon-Kuskokwim Delta Regional Council, TBA, September 29, 
2011
Region 6--Western Interior Regional Council, Aniak, October 4, 2011
Region 7--Seward Peninsula Regional Council, Nome, September 21, 2011
Region 8--Northwest Arctic Regional Council, TBA, August 23, 2011
Region 9--Eastern Interior Regional Council, Tanana, October 11, 2011
Region 10--North Slope Regional Council, TBA, August 23, 2011

    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 Advisory Council's 
agenda determines the length of each Regional Advisory 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, in January 2012. The 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 requestor;
    b. Each section and/or paragraph designation in this proposed rule 
for which changes are suggested, if applicable;
    c. A description of the regulatory change(s) desired;
    d. A statement explaining why each change is necessary;
    e. Proposed wording changes; and
    f. Any additional information that you believe will help the Board 
in evaluating the proposed change.
    The Board immediately rejects proposals that fail to include the 
above information, or proposals that are beyond the scope of 
authorities in Sec.  ------.24, subpart C (the regulations governing 
customary and traditional use determinations), and Sec. Sec.  ------.25 
and ------.26, subpart D (the general and specific regulations 
governing the subsistence take of wildlife). During the January 2012 
meeting, the Board may defer review and action on some proposals to 
allow time for cooperative planning efforts, or to acquire additional 
needed information. The Board may elect to defer taking action on any 
given proposal if the workload of staff, Regional Advisory Councils, or 
the Board becomes excessive. These deferrals may be based on 
recommendations by the affected Regional Advisory Council(s) or staff 
members, or on the basis of the Board's intention to do least harm to 
the subsistence user and the resource involved. A proponent of a 
proposal may withdraw the proposal provided it has not been presented 
to a Regional Advisory Council for action. The Board may consider and 
act on alternatives that address the intent of a proposal while 
differing in approach.

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 75 FR 60810 (October 1, 2010). 
Consultation with Alaska Native corporations is based on Public Law 
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by 
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 
3267, which provides that: ``The Director of the Office of Management 
and Budget and all Federal agencies shall hereafter consult with Alaska 
Native corporations on the same basis as Indian tribes under Executive 
Order No. 13175.''
    The Alaska National Interest Lands Conservation Act does not 
provide 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 
rule.
    The Board will engage in outreach efforts for this 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, e-mail, 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. The Board will inform the Tribes and Alaska Native 
corporations how their recommendations were considered.

Developing the 2012-13 and 2013-14 Wildlife Seasons and Harvest Limit 
Regulations

    Subpart C and D regulations are subject to periodic review and 
revision. The Federal Subsistence Board currently completes the process 
of revising subsistence take of wildlife regulations in even-numbered 
years and fish and shellfish regulations in odd-numbered years; public 
proposal and review processes take place during the preceding year. The 
Board also addresses customary and traditional use determinations 
during the applicable cycle.
    The text of the final rule published June 30, 2010 (75 FR 37918) 
for the 2010-12 subparts C and D regulations is the text of this 
proposed rule. These regulations will remain in effect until subsequent 
Board action changes elements as a result of the public review process 
outlined above in this document.

Compliance With Statutory and Regulatory Authorities

National Environmental Policy Act

    A Draft Environmental Impact Statement that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992. The Record of Decision (ROD) on Subsistence Management for 
Federal Public Lands in Alaska was signed April 6, 1992. The selected 
alternative in the FEIS (Alternative IV) defined the administrative 
framework of an annual

[[Page 6733]]

regulatory cycle for subsistence regulations.
    A 1997 environmental assessment dealt with the expansion of Federal 
jurisdiction over fisheries and is available at the office listed under 
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with 
concurrence of the Secretary of Agriculture, determined that expansion 
of Federal jurisdiction does not constitute a major Federal action 
significantly affecting the human environment and, therefore, signed a 
Finding of No Significant Impact.

Section 810 of ANILCA

    An ANILCA Sec.  810 analysis was completed as part of the FEIS 
process on the Federal Subsistence Management Program. The intent of 
all Federal subsistence regulations is to accord subsistence uses of 
fish and wildlife on public lands a priority over the taking of fish 
and wildlife on such lands for other purposes, unless restriction is 
necessary to conserve healthy fish and wildlife populations. The final 
Sec.  810 analysis determination appeared in the April 6, 1992, ROD and 
concluded that the Federal Subsistence Management Program, under 
Alternative IV with an annual process for setting subsistence 
regulations, may have some local impacts on subsistence uses, but will 
not likely restrict subsistence uses significantly.
    During the subsequent environmental assessment process for 
extending fisheries jurisdiction, an evaluation of the effects of this 
rule was conducted in accordance with Sec.  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 Sec.  810(a).

Paperwork Reduction Act

    An agency may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid Office of Management and Budget (OMB) control number. This 
proposed rule does not contain any new collections of information that 
require OMB approval. OMB has reviewed and approved the following 
collections of information associated with the subsistence regulations 
at 36 CFR part 242 and 50 CFR part 100: Subsistence hunting and fishing 
applications, permits, and reports, Federal Subsistence Regional 
Advisory Council Membership Application/Nomination and Interview Forms 
(OMB Control No. 1018-0075 expires January 31, 2013).

Regulatory Planning and Review (Executive Order 12866)

    The Office of Management and Budget (OMB) has determined that this 
proposed 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 two million pounds of meat are harvested by subsistence users 
annually and, if given an estimated dollar value of $3.00 per pound, 
this amount would equate to about $6 million in food value statewide. 
Based upon the amounts and values cited above, the Departments certify 
that this rulemaking will not have a significant economic effect on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this 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 Sec. Sec.  3(a) and 3(b)(2) of 
Executive Order 12988, regarding civil justice reform.

Executive Order 13132

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

Executive Order 13175

    The Alaska National Interest Lands Conservation Act does not 
provide rights to tribes for the subsistence taking of wildlife, fish, 
and shellfish. However, the Board will provide Federally recognized 
Tribes and Alaska Native corporations an opportunity to consult on this 
rule. Consultation with Alaska Native corporations are based on Public 
Law 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended 
by Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 
Stat. 3267, which provides that: ``The Director of the Office of 
Management and Budget and all Federal agencies shall hereafter consult 
with Alaska Native corporations on the same basis as Indian tribes 
under Executive Order No. 13175.''
    The Secretaries, through the Board, will provide 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

[[Page 6734]]

input in person, by mail, e-mail, 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 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;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Jerry Berg, 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.

Proposed Regulation Promulgation

    For the reasons set out in the preamble, the Federal Subsistence 
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the 
2012-13 and 2013-14 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 2010-12 regulatory period 
(75 FR 37918; June 30, 2010), as modified by any subsequent Federal 
Subsistence Board action.

    January 13, 2011.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
    January 13, 2011.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2011-2679 Filed 2-7-11; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
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