Subsistence Management Regulations for Public Lands in Alaska-2013-14 and 2014-15 Subsistence Taking of Fish and Shellfish Regulations, 5204-5207 [2012-2008]
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Proposed Rules
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.543(b) to read as
follows:
§ 117.543
Bear Creek
*
*
*
*
*
(b) The draw of the Baltimore County
highway bridge, mile 3.4 at Wise
Avenue between Dundalk and Sparrows
Point, shall open on signal if at least 48
hours of notice is given.
Dated: January 19, 2012.
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2012–2283 Filed 2–1–12; 8:45 am]
BILLING CODE 9110–04–P
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–2011–0015;
FXFR13350700640L6–123–FF07J00000]
RIN 1018–AX64
Subsistence Management Regulations
for Public Lands in Alaska—2013–14
and 2014–15 Subsistence Taking of
Fish and Shellfish Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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AGENCY:
This proposed rule would
establish regulations for fish and
shellfish seasons, harvest limits,
methods and means related to taking of
fish and shellfish for subsistence uses
during the 2013–2014 and 2014–2015
regulatory years. The Federal
SUMMARY:
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Subsistence Board (Board) is on a
schedule of completing the process of
revising subsistence taking of fish and
shellfish regulations in odd-numbered
years and subsistence taking of wildlife
regulations in even-numbered years;
public proposal and review processes
take place during the preceding year.
The Board also addresses customary and
traditional use determinations during
the applicable cycle. When final, the
resulting rulemaking will replace the
existing subsistence fish and shellfish
taking regulations. This proposed rule
would also amend the general
regulations on subsistence taking of fish
and wildlife.
DATES: Public meetings: The Subsistence
Regional Advisory Councils (Councils)
will hold public meetings to receive
comments and make proposals to
change this proposed rule on several
dates between February 7 and March 23,
2012, and then hold another round of
public meetings to discuss and receive
comments on the proposals, and make
recommendations on the proposals to
the Board, on several dates between
August 14 and October 17, 2012. The
Board will discuss and evaluate
proposed regulatory changes during a
public meeting in Anchorage, AK, in
January 2013. 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 30, 2012.
ADDRESSES: Public meetings: The
Federal Subsistence Board and the
Subsistence Regional Advisory
Councils’ public meetings will be held
at various locations in Alaska. See
SUPPLEMENTARY INFORMATION for specific
information on dates and locations of
the public meetings.
Public comments: You may submit
comments by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
FWS–R7–SM–2011–0015, 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.
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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;
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• The Alaska Regional Forester, U.S.
Forest Service; and
• Two public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture.
Through the Board, these agencies
and public members participate in the
development of regulations for subparts
C and D, which, among other things, set
forth program eligibility and specific
harvest seasons and limits.
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
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 April 2012, the written
proposals to change the subpart D, take
of fish and shellfish regulations, and
subpart C, customary and traditional use
determinations, will be compiled and
distributed for public review. During the
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Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
In administering the program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Subsistence
Regional Advisory Council (Council).
The Councils provide a forum for rural
residents with personal knowledge of
local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Federal public lands in
Alaska. The Council members represent
30-day public comment period, which is
presently scheduled to end on May 28,
2012, written public comments will be
accepted on the distributed proposals.
The Board, through the Councils, will
hold a second series of meetings in
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 Council’s agenda
determines the length of each 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 2013. 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.
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Proposals to the Board to modify the
general fish and wildlife regulations,
fish and shellfish harvest regulations,
and customary and traditional use
determinations must include the
following information:
a. Name, address, and telephone
number of the requestor;
b. Each section and/or paragraph
designation in this proposed rule for
which changes are suggested, if
applicable;
c. A description of the regulatory
change(s) desired;
d. A statement explaining why each
change is necessary;
e. Proposed wording changes; and
f. Any additional information that you
believe will help the Board in
evaluating the proposed change.
The Board immediately rejects
proposals that fail to include the above
information, or proposals that are
beyond the scope of authorities in
§ ___.24, subpart C (the regulations
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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
Councils, will hold meetings on this
proposed rule at the following locations
in Alaska, on the following dates:
Juneau ........................
Anchorage ...................
Kodiak .........................
Naknek ........................
Bethel ..........................
McGrath ......................
Nome ...........................
Kotzebue .....................
Fairbanks ....................
Barrow .........................
March 20, 2012.
March 13, 2012.
March 21, 2012.
March 6, 2012.
February 23, 2012.
February 28, 2012.
February 7, 2012.
March 7, 2012.
February 29, 2012.
February 15, 2012.
August through October 2012, to receive
comments on specific proposals and to
develop recommendations to the Board
at the following locations in Alaska, on
the following dates:
Sitka ............................
TBA .............................
Sand Point ..................
TBA .............................
Quinhagak ...................
Aniak ...........................
Nome ...........................
TBA .............................
Tanana ........................
TBA .............................
September 26, 2012.
October 2, 2012.
September 5, 2012.
TBA XX, 2012.
October 10, 2012.
October 10, 2012.
October 3, 2012.
August 21, 2012.
October 16, 2012.
August 14, 2012.
governing customary and traditional use
determinations), and §§ ___.25, ___.27,
and ___.28, subpart D (the general and
specific regulations governing the
subsistence take of fish and shellfish).
During the January 2013 meeting, the
Board may defer review and action on
some proposals to allow time for
cooperative planning efforts, or to
acquire additional needed information.
The Board may elect to defer taking
action on any given proposal if the
workload of staff, Councils, or the Board
becomes excessive. These deferrals may
be based on recommendations by the
affected Council(s) or staff members, or
on the basis of the Board’s intention to
do least harm to the subsistence user
and the resource involved. A proponent
of a proposal may withdraw the
proposal provided it has not been
presented to a Council for action. The
Board may consider and act on
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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 proposed
rule.
The Board will engage in outreach
efforts for this proposed rule, including
a notification letter, to ensure that
Tribes and Alaska Native corporations
are advised of the mechanisms by which
they can participate. The Board
provides a variety of opportunities for
consultation: Proposing changes to the
existing rule; commenting on proposed
changes to the existing rule; engaging in
dialogue at the Regional Council
meetings; engaging in dialogue at the
Board’s meetings; and providing input
in person, by mail, email, or phone at
any time during the rulemaking process.
The Board will commit to efficiently
and adequately providing an
opportunity to Tribes and Alaska Native
corporations for consultation in regard
to subsistence rulemaking.
The Board will consider Tribes’ and
Alaska Native corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
Prior to the start of the public
regulatory meeting in January, 2013, the
Board will provide Federally recognized
Tribes and Alaska Native corporations a
specific opportunity to consult on this
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proposed rule. Federally recognized
Tribes and Alaska Native corporations
will be notified by mail and telephone
and will be given the opportunity to
attend the consultation in person or via
teleconference.
Developing the 2013–14 and 2014–15
Fish/Shellfish Seasons and Harvest
Limit Regulations
Subpart C and D regulations are
subject to periodic review and revision.
The Board currently completes the
process of revising subsistence take of
fish and shellfish regulations in oddnumbered years and wildlife regulations
in even-numbered years; public
proposal and review processes take
place during the preceding year. The
Board also addresses customary and
traditional use determinations during
the applicable cycle.
The text of the final rule published
March 8, 2011 (76 FR 12564) for the
2011–13 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
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
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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 the periodic
subparts C and D rules was conducted
in accordance with § 810; that
evaluation also supported the
Secretaries’ determination that these
rules will not reach the ‘‘may
significantly restrict’’ threshold that
would require notice and hearings
under ANILCA § 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, reports, and 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
has determined that this proposed rule
is not significant and has not reviewed
this proposed 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.
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(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
proposed rule are already being
harvested and consumed by the local
harvester and do not result in an
additional dollar benefit to the
economy. Therefore, the Departments
certify that this rulemaking will not
have a significant economic effect on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement
Fairness Act
Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.), this proposed rule is not a major
rule. It 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.
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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 proposed 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
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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 proposed 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 Council
meetings; engaging in dialogue at the
Board’s meetings; and providing input
in person, by mail, email, or phone at
any time during the rulemaking process.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed rule is
not a significant regulatory action under
E.O. 13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
Drafting Information
Theo Matuskowitz drafted 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;
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• 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 setout in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
242 and 50 CFR part 100 for the 2013–
14 and 2014–15 regulatory years. The
text of the proposed amendments to 36
CFR 242.24, 242.27, and 242.28 and 50
CFR 100.24, 100.27, and 100.28 is the
finalrule for the 2011–13 regulatory
period (76 FR 12564; March 8, 2011),
and the text of the proposed
amendments to 36 CFR242.25 and 50
CFR 100.25 is the final rule for the
2010–11 and 2011–12wildlife regulatory
period (75 FR 37918; June 30, 2010), as
modified by anysubsequent Federal
Subsistence Board action during
meetings held February 7 through
March 23, 2012.
Dated: January 12, 2012.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: January 12, 2012.
Steve Kessler,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2012–2008 Filed 2–1–12; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0998; FRL–9625–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Amendments to the
Handling, Storage, and Disposal of
Volatile Organic Compounds
Emissions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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]]>Agencies
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Proposed Rules]
[Pages 5204-5207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2008]
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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-2011-0015; FXFR13350700640L6-123-FF07J00000]
RIN 1018-AX64
Subsistence Management Regulations for Public Lands in Alaska--
2013-14 and 2014-15 Subsistence Taking of Fish and Shellfish
Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for fish and
shellfish seasons, harvest limits, methods and means related to taking
of fish and shellfish for subsistence uses during the 2013-2014 and
2014-2015 regulatory years. The Federal Subsistence Board (Board) is on
a schedule of completing the process of revising subsistence taking of
fish and shellfish regulations in odd-numbered years and subsistence
taking of wildlife regulations in even-numbered years; public proposal
and review processes take place during the preceding year. The Board
also addresses customary and traditional use determinations during the
applicable cycle. When final, the resulting rulemaking will replace the
existing subsistence fish and shellfish taking regulations. This
proposed rule would also amend the general regulations on subsistence
taking of fish and wildlife.
DATES: Public meetings: The Subsistence Regional Advisory Councils
(Councils) will hold public meetings to receive comments and make
proposals to change this proposed rule on several dates between
February 7 and March 23, 2012, and then hold another round of public
meetings to discuss and receive comments on the proposals, and make
recommendations on the proposals to the Board, on several dates between
August 14 and October 17, 2012. The Board will discuss and evaluate
proposed regulatory changes during a public meeting in Anchorage, AK,
in January 2013. 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 30, 2012.
ADDRESSES: Public meetings: The Federal Subsistence Board and the
Subsistence Regional Advisory Councils' public meetings will be held at
various locations in Alaska. See SUPPLEMENTARY INFORMATION for specific
information on dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov and search for FWS-R7-SM-2011-0015, which is
the docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the
Designated Federal Official attending any of the Federal Subsistence
Regional Advisory Council public meetings. See SUPPLEMENTARY
INFORMATION for additional information on locations of the public
meetings.
We will post all comments on 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;
[[Page 5205]]
The Alaska Regional Forester, U.S. Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D, 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
Subsistence Regional Advisory Council (Council). The Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Council members represent varied geographical, cultural, and user
interests within each region.
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 Councils, will hold meetings on
this proposed rule at the following locations in Alaska, on the
following dates:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Region 1--Southeast Regional Council............. Juneau.................. March 20, 2012.
Region 2--Southcentral Regional Council.......... Anchorage............... March 13, 2012.
Region 3--Kodiak/Aleutians Regional Council...... Kodiak.................. March 21, 2012.
Region 4--Bristol Bay Regional Council........... Naknek.................. March 6, 2012.
Region 5--Yukon-Kuskokwim Delta Regional Council. Bethel.................. February 23, 2012.
Region 6--Western Interior Regional Council...... McGrath................. February 28, 2012.
Region 7--Seward Peninsula Regional Council...... Nome.................... February 7, 2012.
Region 8--Northwest Arctic Regional Council...... Kotzebue................ March 7, 2012.
Region 9--Eastern Interior Regional Council...... Fairbanks............... February 29, 2012.
Region 10--North Slope Regional Council.......... Barrow.................. February 15, 2012.
----------------------------------------------------------------------------------------------------------------
During April 2012, the written proposals to change the subpart D,
take of fish and shellfish 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 28, 2012, written public comments
will be accepted on the distributed proposals.
The Board, through the Councils, will hold a second series of
meetings in August through October 2012, 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............. Sitka................... September 26, 2012.
Region 2--Southcentral Regional Council.......... TBA..................... October 2, 2012.
Region 3--Kodiak/Aleutians Regional Council...... Sand Point.............. September 5, 2012.
Region 4--Bristol Bay Regional Council........... TBA..................... TBA XX, 2012.
Region 5--Yukon-Kuskokwim Delta Regional Council. Quinhagak............... October 10, 2012.
Region 6--Western Interior Regional Council...... Aniak................... October 10, 2012.
Region 7--Seward Peninsula Regional Council...... Nome.................... October 3, 2012.
Region 8--Northwest Arctic Regional Council...... TBA..................... August 21, 2012.
Region 9--Eastern Interior Regional Council...... Tanana.................. October 16, 2012.
Region 10--North Slope Regional Council.......... TBA..................... August 14, 2012.
----------------------------------------------------------------------------------------------------------------
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 Council's agenda determines
the length of each 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 2013. The Council Chairs, or their
designated representatives, will present their respective Councils'
recommendations at the Board meeting. Additional oral testimony may be
provided on specific proposals before the Board at that time. At that
public meeting, the Board will deliberate and take final action on
proposals received that request changes to this proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, fish and shellfish harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in this proposed rule
for which changes are suggested, if applicable;
c. A description of the regulatory change(s) desired;
d. A statement explaining why each change is necessary;
e. Proposed wording changes; and
f. Any additional information that you believe will help the Board
in evaluating the proposed change.
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, ------.27, and ------.28, subpart D (the general and specific
regulations governing the subsistence take of fish and shellfish).
During the January 2013 meeting, the Board may defer review and action
on some proposals to allow time for cooperative planning efforts, or to
acquire additional needed information. The Board may elect to defer
taking action on any given proposal if the workload of staff, Councils,
or the Board becomes excessive. These deferrals may be based on
recommendations by the affected Council(s) or staff members, or on the
basis of the Board's intention to do least harm to the subsistence user
and the resource involved. A proponent of a proposal may withdraw the
proposal provided it has not been presented to a Council for action.
The Board may consider and act on
[[Page 5206]]
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
proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board provides a variety of opportunities for
consultation: Proposing changes to the existing rule; commenting on
proposed changes to the existing rule; engaging in dialogue at the
Regional Council meetings; engaging in dialogue at the Board's
meetings; and providing input in person, by mail, email, or phone at
any time during the rulemaking process. The Board will commit to
efficiently and adequately providing an opportunity to Tribes and
Alaska Native corporations for consultation in regard to subsistence
rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Prior to the start of the public regulatory meeting in January,
2013, the Board will provide Federally recognized Tribes and Alaska
Native corporations a specific opportunity to consult on this proposed
rule. Federally recognized Tribes and Alaska Native corporations will
be notified by mail and telephone and will be given the opportunity to
attend the consultation in person or via teleconference.
Developing the 2013-14 and 2014-15 Fish/Shellfish Seasons and Harvest
Limit Regulations
Subpart C and D regulations are subject to periodic review and
revision. The Board currently completes the process of revising
subsistence take of fish and shellfish regulations in odd-numbered
years and wildlife regulations in even-numbered years; public proposal
and review processes take place during the preceding year. The Board
also addresses customary and traditional use determinations during the
applicable cycle.
The text of the final rule published March 8, 2011 (76 FR 12564)
for the 2011-13 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 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 the periodic subparts C
and D rules was conducted in accordance with Sec. 810; that evaluation
also supported the Secretaries' determination that these rules will not
reach the ``may significantly restrict'' threshold that would require
notice and hearings under ANILCA Sec. 810(a).
Paperwork Reduction Act
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, reports, and 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 has determined that this
proposed rule is not significant and has not reviewed this proposed
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.
[[Page 5207]]
(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 proposed rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. Therefore, the
Departments certify that this rulemaking will not have a significant
economic effect on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this proposed rule is not a major rule. It 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 proposed 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
proposed 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 Council meetings; engaging
in dialogue at the Board's meetings; and providing input in person, by
mail, email, or phone at any time during the rulemaking process.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Theo Matuskowitz drafted 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 setout in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the
2013-14 and 2014-15 regulatory years. The text of the proposed
amendments to 36 CFR 242.24, 242.27, and 242.28 and 50 CFR 100.24,
100.27, and 100.28 is the finalrule for the 2011-13 regulatory period
(76 FR 12564; March 8, 2011), and the text of the proposed amendments
to 36 CFR242.25 and 50 CFR 100.25 is the final rule for the 2010-11 and
2011-12wildlife regulatory period (75 FR 37918; June 30, 2010), as
modified by anysubsequent Federal Subsistence Board action during
meetings held February 7 through March 23, 2012.
Dated: January 12, 2012.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: January 12, 2012.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2012-2008 Filed 2-1-12; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
