Subsistence Management Regulations for Public Lands in Alaska-2014-15 and 2015-16 Subsistence Taking of Wildlife Regulations, 2350-2354 [2013-00325]
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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules
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The FHWA requests input on each of
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MUTCD users? Should the important
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Authority: 23 U.S.C. 101(a), 104, 109(d),
114(a), 217, 315, and 402(a); 23 CFR 1.32;
and, 49 CFR 1.85.
Issued on: December 20, 2012.
Victor M. Mendez,
Administrator.
[FR Doc. 2013–00373 Filed 1–10–13; 8:45 am]
BILLING CODE 4910–22–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–2012–0104;
FXFR13350700640–134–FF07J00000]
RIN 1018–AY85
Subsistence Management Regulations
for Public Lands in Alaska—2014–15
and 2015–16 Subsistence Taking of
Wildlife Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:
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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
2014–15 and 2015–16 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.
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 12 and March
26, 2013, 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
19 and October 30, 2013. The Board will
discuss and evaluate proposed
regulatory changes during a public
meeting in Anchorage, AK, in January
2014. 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 29, 2013.
ADDRESSES: Public meetings: The
Federal Subsistence Board and the
Federal 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–2012–0104, 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
SUMMARY:
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Federal Register / Vol. 78, No. 8 / Friday, January 11, 2013 / Proposed Rules
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
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 ..........................................................
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During April 2013, 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
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
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 comprises:
• A Chair appointed by the Secretary
of the Interior with concurrence of the
Secretary of Agriculture;
• The Alaska Regional Director, U.S.
Fish and Wildlife Service;
• The Alaska Regional Director, 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.
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 ..........................................................
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• 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 Regional
Advisory Council. The Regional
Advisory Councils provide a forum for
rural residents with personal knowledge
of local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Federal public lands in
Alaska. The Regional Advisory Council
members represent varied geographical,
cultural, and user interests within each
region.
Public Review Process—Comments,
Proposals, and Public Meetings
The Federal Subsistence Regional
Advisory Councils have a substantial
role in reviewing this proposed rule and
making recommendations for the final
rule. The Federal Subsistence Board,
through the Federal Subsistence
Regional Advisory Councils, will hold
public meetings on this proposed rule at
the following locations in Alaska, on the
following dates:
Ketchikan ..............................................
Anchorage .............................................
Kodiak ...................................................
Naknek ..................................................
Hooper Bay ...........................................
Galena ..................................................
Nome ....................................................
Kotzebue ...............................................
Tok ........................................................
Barrow ...................................................
30-day public comment period, which is
presently scheduled to end on June 7,
2013, written public comments will be
accepted on the distributed proposals.
The Board, through the Regional
Advisory Councils, will hold a second
March 12, 2013.
February 20, 2013.
March 26, 2013.
February 12, 2013.
February 27, 2013.
March 5, 2013.
March 12, 2013.
March 5, 2013.
February 20, 2013.
February 26, 2013.
series of public meetings in August
through October 2013, to receive
comments on specific proposals and to
develop recommendations to the Board
at the following locations in Alaska, on
the following dates:
Petersburg ............................................
Copper Center ......................................
Cold Bay ...............................................
Dillingham .............................................
St. Marys ...............................................
Fairbanks ..............................................
Nome ....................................................
Kiana .....................................................
Fairbanks ..............................................
Barrow ...................................................
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September 24, 2013.
October 2, 2013.
September 24, 2013.
October 29, 2013.
September 25, 2013.
October 8, 2013.
October 8, 2013.
August 21, 2013.
October 16, 2013.
August 19, 2013.
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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, Alaska, in January 2014.
The Federal Subsistence Regional
Advisory Council Chairs, or their
designated representatives, will present
their respective Councils’
recommendations at the Board meeting.
Additional oral testimony may be
provided on specific proposals before
the Board at that time. At that public
meeting, the Board will deliberate and
take final action on proposals received
that request changes to this proposed
rule.
Proposals to the Board to modify the
general fish and wildlife regulations,
wildlife harvest regulations, and
customary and traditional use
determinations must include the
following information:
a. Name, address, and telephone
number of the 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
§ ll.24, subpart C (the regulations
governing customary and traditional use
determinations), and §§ ll.25 and
___.26, subpart D (the general and
specific regulations governing the
subsistence take of wildlife). If a
proposal needs clarification, prior to
being distributed for public review, the
proponent may be contacted, and the
proposal could be revised based on their
input. Once distributed for public
review no additional changes may be
made as part of the original submission.
During the January 2014 meeting, the
Board may defer review and action on
some proposals to allow time for
cooperative planning efforts, or to
acquire additional needed information.
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The Board may elect to defer taking
action on any given proposal if the
workload of staff, Regional Advisory
Councils, or the Board becomes
excessive. These deferrals may be based
on recommendations by the affected
Regional Advisory Council(s) or staff
members, or on the basis of the Board’s
intention to do least harm to the
subsistence user and the resource
involved. A proponent of a proposal
may withdraw the proposal provided it
has not been considered, and a
recommendation has not been made, by
a Regional Advisory Council. The Board
may consider and act on alternatives
that address the intent of a proposal
while differing in approach.
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
specific rights to Tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, because tribal
members are affected by subsistence
fishing, hunting, and trapping
regulations, the Secretaries, through the
Board, will provide Federally
recognized Tribes and Alaska Native
corporations an opportunity to consult
on this 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, email, or phone at
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any time during the rulemaking process.
The Board will commit to efficiently
and adequately providing an
opportunity to Tribes and Alaska Native
corporations for consultation in regard
to subsistence rulemaking.
The Board will consider Tribes’ and
Alaska Native corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
Developing the 2014–15 and 2015–16
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 13, 2012 (77 FR 35482) for the
2012–14 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
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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).
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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 242
and 50 CFR 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
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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
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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, Title VIII, does not
provide specific 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
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.
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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 and Jack Lorrigan, 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 242
and 50 CFR 100 for the 2014–15 and
2015–16 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 2012–14 regulatory period
(77 FR 35482; June 13, 2012).
Dated: December 11, 2012.
Peter J. Probasco,
Assistant Regional Director, U.S. Fish and
Wildlife Service, Acting Chair, Federal
Subsistence Board.
Steve Kessler,
Subsistence Program Leader, USDA-Forest
Service.
[FR Doc. 2013–00325 Filed 1–10–13; 8:45 am]
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Jkt 229001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2012–0639; FRL–9769–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Arkansas; Prevention of Significant
Deterioration; Greenhouse Gas
Tailoring Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to
approve two revisions to the Arkansas
State Implementation Plan (SIP)
submitted by the Arkansas Department
of Environmental Quality (ADEQ) to
EPA on February 17, 2010 and
November 6, 2012. The February 17,
2010 proposed SIP revision to the
Arkansas New Source Review (NSR)
Prevention of Significant Deterioration
(PSD) program updates the Arkansas SIP
to incorporate by reference (IBR)
requirements for the Federal PSD
permitting program under EPA’s
November 29, 2005 Phase 2 8-hour
Ozone Implementation rule. The
November 6, 2012 proposed SIP
revision to the Arkansas NSR PSD
program provides the state of Arkansas
with the authority to issue PSD permits
governing greenhouse gas (GHG)
emissions and establishes appropriate
emission thresholds for determining
which new stationary sources and
modifications to existing stationary
sources become subject to Arkansas’s
PSD permitting requirements for their
GHG emissions. The November 6, 2012
proposed SIP revision also defers until
July 21, 2014 application of the PSD
permitting requirements to biogenic
carbon dioxide emissions from
bioenergy and other biogenic stationary
sources. EPA is proposing to approve
the February 17, 2010, and November 6,
2012 SIP revisions to the Arkansas NSR
PSD permitting program as consistent
with Federal requirements for PSD
permitting. EPA is also proposing to
rescind the GHG PSD Federal
Implementation Plan (FIP) for Arkansas
that was put in place to ensure the
availability of a permitting authority for
GHG permitting in Arkansas, upon final
approval of the November 6, 2012 PSD
SIP revisions. EPA is proposing this
action under the Clean Air Act (the Act).
DATES: Comments must be received on
or before February 11, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2012–0639, by one of the
following methods:
SUMMARY:
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Email: Mr. Mike Miller at
miller.michael@epa.gov.
• Fax: Mr. Mike Miller, Air Permits
Section (6PD–R), at fax number 214–
665–6762.
• Mail: Mr. Mike Miller, Air Permits
Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
• Hand or Courier Delivery: Mr. Mike
Miller, Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733. Such deliveries are
accepted only between the hours of 8:30
a.m. and 4:30 p.m. weekdays, and not
on legal holidays. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2012–
0639. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
email, if you believe that it is CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to EPA without going
through https://www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment along with any disk or CD–
ROM submitted. If EPA cannot read
your comment due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comment. Electronic files
should avoid the use of special
characters and any form of encryption
and should be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
E:\FR\FM\11JAP1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 8 (Friday, January 11, 2013)]
[Proposed Rules]
[Pages 2350-2354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00325]
=======================================================================
-----------------------------------------------------------------------
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-2012-0104; FXFR13350700640-134-FF07J00000]
RIN 1018-AY85
Subsistence Management Regulations for Public Lands in Alaska--
2014-15 and 2015-16 Subsistence Taking of Wildlife Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, methods and means related to taking
of wildlife for subsistence uses during the 2014-15 and 2015-16
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. 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 12 and March 26, 2013, 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 19 and October 30, 2013. The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in Anchorage, AK, in January 2014. 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 29, 2013.
ADDRESSES: Public meetings: The Federal Subsistence Board and the
Federal 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-2012-0104, 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
[[Page 2351]]
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 comprises:
A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
The Alaska Regional Director, U.S. Fish and Wildlife
Service;
The Alaska Regional Director, 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.
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
Regional Advisory Council. The Regional Advisory Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Regional Advisory Council members represent varied geographical,
cultural, and user interests within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Federal Subsistence Regional Advisory Councils have a
substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Federal Subsistence Regional Advisory Councils, will hold
public meetings on this proposed rule at the following locations in
Alaska, on the following dates:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Region 1--Southeast Regional Council..... Ketchikan................... March 12, 2013.
Region 2--Southcentral Regional Council.. Anchorage................... February 20, 2013.
Region 3--Kodiak/Aleutians Regional Kodiak...................... March 26, 2013.
Council.
Region 4--Bristol Bay Regional Council... Naknek...................... February 12, 2013.
Region 5--Yukon-Kuskokwim Delta Regional Hooper Bay.................. February 27, 2013.
Council.
Region 6--Western Interior Regional Galena...................... March 5, 2013.
Council.
Region 7--Seward Peninsula Regional Nome........................ March 12, 2013.
Council.
Region 8--Northwest Arctic Regional Kotzebue.................... March 5, 2013.
Council.
Region 9--Eastern Interior Regional Tok......................... February 20, 2013.
Council.
Region 10--North Slope Regional Council.. Barrow...................... February 26, 2013.
----------------------------------------------------------------------------------------------------------------
During April 2013, 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 June 7, 2013, written public comments will be accepted on the
distributed proposals.
The Board, through the Regional Advisory Councils, will hold a
second series of public meetings in August through October 2013, 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..... Petersburg.................. September 24, 2013.
Region 2--Southcentral Regional Council.. Copper Center............... October 2, 2013.
Region 3--Kodiak/Aleutians Regional Cold Bay.................... September 24, 2013.
Council.
Region 4--Bristol Bay Regional Council... Dillingham.................. October 29, 2013.
Region 5--Yukon-Kuskokwim Delta Regional St. Marys................... September 25, 2013.
Council.
Region 6--Western Interior Regional Fairbanks................... October 8, 2013.
Council.
Region 7--Seward Peninsula Regional Nome........................ October 8, 2013.
Council.
Region 8--Northwest Arctic Regional Kiana....................... August 21, 2013.
Council.
Region 9--Eastern Interior Regional Fairbanks................... October 16, 2013.
Council.
Region 10--North Slope Regional Council.. Barrow...................... August 19, 2013.
----------------------------------------------------------------------------------------------------------------
[[Page 2352]]
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, Alaska, in January 2014. The Federal Subsistence
Regional Advisory Council Chairs, or their designated representatives,
will present their respective Councils' recommendations at the Board
meeting. Additional oral testimony may be provided on specific
proposals before the Board at that time. At that public meeting, the
Board will deliberate and take final action on proposals received that
request changes to this proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, wildlife harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the 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). If a proposal needs
clarification, prior to being distributed for public review, the
proponent may be contacted, and the proposal could be revised based on
their input. Once distributed for public review no additional changes
may be made as part of the original submission. During the January 2014
meeting, the Board may defer review and action on some proposals to
allow time for cooperative planning efforts, or to acquire additional
needed information. The Board may elect to defer taking action on any
given proposal if the workload of staff, Regional Advisory Councils, or
the Board becomes excessive. These deferrals may be based on
recommendations by the affected Regional Advisory Council(s) or staff
members, or on the basis of the Board's intention to do least harm to
the subsistence user and the resource involved. A proponent of a
proposal may withdraw the proposal provided it has not been considered,
and a recommendation has not been made, by a Regional Advisory Council.
The Board may consider and act on alternatives that address the intent
of a proposal while differing in approach.
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 specific rights to Tribes for the subsistence taking of
wildlife, fish, and shellfish. However, because tribal members are
affected by subsistence fishing, hunting, and trapping regulations, the
Secretaries, through the Board, will provide Federally recognized
Tribes and Alaska Native corporations an opportunity to consult on this
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, email, or phone at
any time during the rulemaking process. The Board will commit to
efficiently and adequately providing an opportunity to Tribes and
Alaska Native corporations for consultation in regard to subsistence
rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the 2014-15 and 2015-16 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 13, 2012 (77 FR 35482)
for the 2012-14 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
[[Page 2353]]
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 242 and 50 CFR 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, Title VIII,
does not provide specific 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 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.
[[Page 2354]]
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 and Jack Lorrigan, 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 242 and 50 CFR 100 for the 2014-15 and
2015-16 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 2012-14 regulatory period (77 FR 35482; June 13,
2012).
Dated: December 11, 2012.
Peter J. Probasco,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting
Chair, Federal Subsistence Board.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2013-00325 Filed 1-10-13; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
