Subsistence Management Regulations for Public Lands in Alaska-2018-19 and 2019-20 Subsistence Taking of Wildlife Regulations, 22621-22625 [2017-09967]
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Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Proposed Rules
(h) Group 1 Airplanes: Inspection and
Corrective Action
For airplanes identified as Group 1 in
Boeing Alert Service Bulletin 737–57A1332,
dated January 3, 2017: Within 120 days after
the effective date of this AD, inspect for
cracking of the upper aft skin of the wings,
and do all applicable corrective actions,
using a method approved in accordance with
the procedures specified in paragraph (j) of
this AD.
(i) Exception to the Service Information
Where Boeing Alert Service Bulletin 737–
57A1332, dated January 3, 2017, specifies a
compliance time ‘‘after the original issue date
of this Service Bulletin,’’ this AD requires
compliance within the specified compliance
time after the effective date of this AD.
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(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (k)(1) of this AD. Information may
be emailed to: 9–ANM–LAACO–AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO, to make those findings. To be
approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (g) of
this AD: For service information that
contains steps that are labeled as Required
for Compliance (RC), the provisions of
paragraphs (j)(4)(i) and (j)(4)(ii) of this AD
apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
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(k) Related Information
(1) For more information about this AD,
contact Payman Soltani, Aerospace Engineer,
Airframe Branch, ANM–120L, FAA, Los
Angeles Aircraft Certification Office (ACO),
3960 Paramount Boulevard, Lakewood, CA
90712–4137; phone: 562–627–5313; fax: 562–
627–5210; email: payman.soltani@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740;
telephone 562–797–1717; Internet https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
Issued in Renton, Washington, on May 8,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–09848 Filed 5–16–17; 8:45 am]
BILLING CODE 4910–13–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–2016–0049;
FXFR13350700640–167–FF07J00000;
FBMS#4500096691]
RIN 1018–BB38
Subsistence Management Regulations
for Public Lands in Alaska—2018–19
and 2019–20 Subsistence Taking of
Wildlife Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
establish regulations for hunting and
trapping seasons, harvest limits, and
methods and means related to taking of
wildlife for subsistence uses during the
2018–19 and 2019–20 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
SUMMARY:
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22621
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 comments: Comments and
proposals to change this proposed rule
must be received or postmarked June 16,
2017.
Public meetings: The Federal
Subsistence Regional Advisory Councils
held public meetings to receive
comments and make proposals to
change this proposed rule on several
dates between February 8 and March 15,
2017, and then will hold another round
of public meetings to discuss and
receive comments on the proposals, and
make recommendations on the
proposals to the Federal Subsistence
Board, on several dates between August
24 and November 9, 2017. The Board
will discuss and evaluate proposed
regulatory changes during a public
meeting in Anchorage, AK, in April
2018. See SUPPLEMENTARY INFORMATION
for specific information on dates and
locations of the public meetings.
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–2016–0049, which is the
docket number for this rulemaking.
• By hard copy: U.S. mail or handdelivery to: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503–
6199, or hand delivery to the Designated
Federal Official attending any of the
Federal Subsistence Regional Advisory
Council public meetings. See
SUPPLEMENTARY INFORMATION for
additional information on locations of
the public meetings.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Review Process section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Eugene R. Peltola, Jr., Office
of Subsistence Management; (907) 786–
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Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Proposed Rules
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Thomas Whitford,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461 or twhitford@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 rural 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):
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 June 2017, 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 a
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
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,
National Park Service;
• The Alaska State Director, Bureau
of Land Management;
• The Alaska Regional Director,
Bureau of Indian Affairs;
• The Alaska Regional Forester,
USDA Forest Service; and
• Two public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture.
Through the Board, these agencies
and public members participate in the
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
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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, has held
public meetings on this proposed rule at
the following locations in Alaska, on the
following dates:
March 14, 2017
February 13, 2017
February 22, 2017
February 28, 2017
February 15, 2017
February 21, 2017
March 6, 2017
March 1, 2017
February 7, 2017
February 8, 2017
through November 2017, to receive
comments on specific proposals and to
develop recommendations to the Board
at the following locations in Alaska, on
the following dates:
Juneau ................................
Seldovia .............................
Cold Bay ............................
Dillingham .........................
Bethel .................................
Galena ................................
Nome ..................................
Shungnak ...........................
Tanana ...............................
Wainwright ........................
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
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Public Review Process—Comments,
Proposals, and Public Meetings
Saxman ..............................
Anchorage ..........................
Old Harbor .........................
Naknek ...............................
Bethel .................................
Fairbanks ...........................
Nome ..................................
Kotzebue ............................
Fairbanks ...........................
Barrow ...............................
subsequent public comment period,
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
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 .................................................................
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.
October 31, 2017
November 6, 2017
September 26, 2017
November 1, 2017
October 12, 2017
October 10, 2017
October 24, 2017
October 25, 2017
November 8, 2017
August 24, 2017
management regulations during a public
meeting scheduled to be held in
Anchorage, Alaska, in April 2018. The
Federal Subsistence Regional Advisory
Council Chairs, or their designated
representatives, will present their
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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 § __
_.24, subpart C (the regulations
governing customary and traditional use
determinations), and §§ ___.25 and ___
.26, subpart D (the general and specific
regulations governing the subsistence
take of wildlife). 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
April 2018 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.
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You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. If you submit a comment via
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the Web site. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is
committed to providing access to these
meetings for all participants. Please
direct all requests for sign language
interpreting services, closed captioning,
or other accommodation needs to the
Office of Subsistence Management, 907–
786–3888, subsistence@fws.gov, or 800–
877–8339 (TTY), seven business days
prior to the meeting you would like to
attend.
Tribal Consultation and Comment
As expressed in Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’ the
Federal officials that have been
delegated authority by the Secretaries
are committed to honoring the unique
government-to-government political
relationship that exists between the
Federal Government and Federally
Recognized Indian Tribes (Tribes) as
listed in 79 FR 4748 (January 29, 2014).
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
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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 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 commits 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 2018–19 and 2019–20
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 current subsistence program
regulations form the starting point for
consideration during each new
rulemaking cycle. The regulations at § _
__.24 pertain to customary and
traditional use determinations; the
regulations at § ___.25 pertain to general
provisions governing the subsistence
take of wildlife, fish, and shellfish; and
the regulations at § ___.26 pertain to
specific provisions governing the
subsistence take of wildlife.
The text of two final rules form the
text of this proposed rule for the 2018–
20 subparts C and D regulations:
The text of the proposed amendments
to 36 CFR 242.24 and 242.26 and 50
CFR 100.24 and 100.26 is the final rule
for the 2016–2018 regulations for
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subsistence take of wildlife (81 FR
52528; August 8, 2016).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2015–17
regulations for the subsistence take of
fish (80 FR 28187; May 18, 2015).
(Because the most recent final rule
pertaining to wildlife noted above (i.e.,
81 FR 52528; August 8, 2016) did not
include any revisions to the general
regulations pertaining to the subsistence
take of wildlife, fish, and shellfish at § _
__.25, the 2015 final rule pertaining to
the subsistence take of fish includes the
most recent revisions to 36 CFR 242.25
and 50 CFR 100.25).
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.
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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
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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).
Paperwork Reduction Act (PRA)
This proposed rule does not contain
any new collections of information that
require OMB approval under the PRA
(44 U.S.C. 3501 et seq.) OMB has
reviewed and approved the collections
of information associated with the
subsistence regulations at 36 CFR 242
and 50 CFR 100, and assigned OMB
Control Number 1018–0075, with an
expiration date of June 30, 2019. We
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.
Regulatory Planning and Review
(Executive Order 12866)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
significant rules. OIRA has determined
that this proposed rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
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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. 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 proposed rule is not a major
rule. It will not have an effect on the
economy of $100 million or more, will
not cause a major increase in costs or
prices for consumers, and will not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, these
proposed regulations have no potential
takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this 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
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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, Title VIII, does not
provide specific rights to tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, the Secretaries,
through 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 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.
nlaroche on DSK30NT082PROD with PROPOSALS
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
Eugene R. Peltola, Jr. 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;
VerDate Sep<11>2014
13:26 May 16, 2017
Jkt 241001
• Mary McBurney, Alaska Regional
Office, National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Trevor T. Fox, Alaska Regional
Office, U.S. Fish and Wildlife Service;
and
• Thomas Whitford, Alaska Regional
Office, U.S. Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
Proposed Regulation Promulgation
For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
242 and 50 CFR part 100 for the 2018–
19 and 2019–20 regulatory years.
The text of the proposed amendments
to 36 CFR 242.24 and 242.26 and 50
CFR 100.24 and 100.26 is the final rule
for the 2016–2018 regulatory period for
wildlife (81 FR 52528; August 8, 2016).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2015–17 regulatory
period for fish (80 FR 28187; May 18,
2015).
Dated: March 22, 2017.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and
Wildlife Service, Acting Chair, Federal
Subsistence Board.
Dated: March 27, 2017.
Thomas Whitford,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2017–09967 Filed 5–16–17; 8:45 am]
BILLING CODE 3410–11; 4333–15–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 17–59; FCC 17–24]
Advanced Methods To Target and
Eliminate Unlawful Robocalls
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission invites comment on
proposed changes to its rules
SUMMARY:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
22625
implementing the Telephone Consumer
Protection Act and to its call completion
rules. The Commission proposes rules
to codify the clarification contained in
the 2016 Guidance PN that providers
may block calls when the subscriber to
a particular telephone number requests
that calls originating from that number
be blocked; permit providers to block
calls originating from invalid numbers;
permit providers to block calls
originating from valid numbers that are
not allocated to a voice service provider;
and permit providers to block calls
originating from valid numbers that are
allocated but not assigned to a
subscriber. In addition, the Commission
seeks comment on the possibility of
permitting providers to block calls in
other situations where the calls to be
blocked are reasonably likely to be
illegal based upon objective criteria.
DATES: Comments are due on or before
July 3, 2017, and reply comments are
due on or before July 31, 2017.
ADDRESSES: You may submit comments,
identified by CG Docket 17–59 by any
of the following methods:
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the Commission’s Electronic
Comment Filing System (ECFS), through
the Commission’s Web site: https://
apps.fcc.gov/ecfs/. Filers should follow
the instructions provided on the Web
site for submitting comments. For ECFS
filers, in completing the transmittal
screen, filers should include their full
name, U.S. Postal service mailing
address, and CG Docket No. 17–59.
• Mail: Parties who choose to file by
paper must file an original and one copy
of each filing. Filers must submit two
additional copies for each additional
docket or rulemaking number. Filings
can be sent by hand or messenger
delivery, by commercial overnight
courier, or by first-class or overnight
U.S. Postal Service mail. All filings
must be addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Jerusha Burnett, Consumer Policy
Division, Consumer and Governmental
Affairs Bureau, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554 by
email at jerusha.burnett@fcc.gov or by
phone at (202) 418–0526.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking and Notice of
E:\FR\FM\17MYP1.SGM
17MYP1
Agencies
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Proposed Rules]
[Pages 22621-22625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09967]
=======================================================================
-----------------------------------------------------------------------
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-2016-0049; FXFR13350700640-167-FF07J00000;
FBMS#4500096691]
RIN 1018-BB38
Subsistence Management Regulations for Public Lands in Alaska--
2018-19 and 2019-20 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, and methods and means related to
taking of wildlife for subsistence uses during the 2018-19 and 2019-20
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 comments: Comments and proposals to change this proposed
rule must be received or postmarked June 16, 2017.
Public meetings: The Federal Subsistence Regional Advisory Councils
held public meetings to receive comments and make proposals to change
this proposed rule on several dates between February 8 and March 15,
2017, and then will hold another round of public meetings to discuss
and receive comments on the proposals, and make recommendations on the
proposals to the Federal Subsistence Board, on several dates between
August 24 and November 9, 2017. The Board will discuss and evaluate
proposed regulatory changes during a public meeting in Anchorage, AK,
in April 2018. See SUPPLEMENTARY INFORMATION for specific information
on dates and locations of the public meetings.
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-2016-0049, 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: Eugene R. Peltola, Jr.,
Office of Subsistence Management; (907) 786-
[[Page 22622]]
3888 or subsistence@fws.gov. For questions specific to National Forest
System lands, contact Thomas Whitford, Regional Subsistence Program
Leader, USDA, Forest Service, Alaska Region; (907) 743-9461 or
twhitford@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 rural
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, National Park Service;
The Alaska State Director, Bureau of Land Management;
The Alaska Regional Director, Bureau of Indian Affairs;
The Alaska Regional Forester, USDA Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D, 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, has held
public meetings on this proposed rule at the following locations in
Alaska, on the following dates:
Region 1--Southeast Regional Saxman................................ March 14, 2017
Council.
Region 2--Southcentral Regional Anchorage............................. February 13, 2017
Council.
Region 3--Kodiak/Aleutians Old Harbor............................ February 22, 2017
Regional Council.
Region 4--Bristol Bay Regional Naknek................................ February 28, 2017
Council.
Region 5--Yukon-Kuskokwim Delta Bethel................................ February 15, 2017
Regional Council.
Region 6--Western Interior Fairbanks............................. February 21, 2017
Regional Council.
Region 7--Seward Peninsula Nome.................................. March 6, 2017
Regional Council.
Region 8--Northwest Arctic Kotzebue.............................. March 1, 2017
Regional Council.
Region 9--Eastern Interior Fairbanks............................. February 7, 2017
Regional Council.
Region 10--North Slope Regional Barrow................................ February 8, 2017
Council.
During June 2017, 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 a subsequent public comment period, 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 November 2017, 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 Juneau................................ October 31, 2017
Council.
Region 2--Southcentral Regional Seldovia.............................. November 6, 2017
Council.
Region 3--Kodiak/Aleutians Cold Bay.............................. September 26, 2017
Regional Council.
Region 4--Bristol Bay Regional Dillingham............................ November 1, 2017
Council.
Region 5--Yukon-Kuskokwim Delta Bethel................................ October 12, 2017
Regional Council.
Region 6--Western Interior Galena................................ October 10, 2017
Regional Council.
Region 7--Seward Peninsula Nome.................................. October 24, 2017
Regional Council.
Region 8--Northwest Arctic Shungnak.............................. October 25, 2017
Regional Council.
Region 9--Eastern Interior Tanana................................ November 8, 2017
Regional Council.
Region 10--North Slope Regional Wainwright............................ August 24, 2017
Council.
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to both series of
meetings. Locations and dates may change based on weather or local
circumstances. The amount of work on each Regional 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 April 2018. The Federal Subsistence
Regional Advisory Council Chairs, or their designated representatives,
will present their
[[Page 22623]]
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 April 2018 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.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via https://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
Web site. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of Subsistence Management, 1011
East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is committed to providing access to
these meetings for all participants. Please direct all requests for
sign language interpreting services, closed captioning, or other
accommodation needs to the Office of Subsistence Management, 907-786-
3888, subsistence@fws.gov, or 800-877-8339 (TTY), seven business days
prior to the meeting you would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the Federal Government and Federally Recognized
Indian Tribes (Tribes) as listed in 79 FR 4748 (January 29, 2014).
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 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 commits 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 2018-19 and 2019-20 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 current subsistence program regulations form the starting point
for consideration during each new rulemaking cycle. The regulations at
Sec. ___.24 pertain to customary and traditional use determinations;
the regulations at Sec. ___.25 pertain to general provisions governing
the subsistence take of wildlife, fish, and shellfish; and the
regulations at Sec. ___.26 pertain to specific provisions governing
the subsistence take of wildlife.
The text of two final rules form the text of this proposed rule for
the 2018-20 subparts C and D regulations:
The text of the proposed amendments to 36 CFR 242.24 and 242.26 and
50 CFR 100.24 and 100.26 is the final rule for the 2016-2018
regulations for
[[Page 22624]]
subsistence take of wildlife (81 FR 52528; August 8, 2016).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2015-17 regulations for the
subsistence take of fish (80 FR 28187; May 18, 2015). (Because the most
recent final rule pertaining to wildlife noted above (i.e., 81 FR
52528; August 8, 2016) did not include any revisions to the general
regulations pertaining to the subsistence take of wildlife, fish, and
shellfish at Sec. ___.25, the 2015 final rule pertaining to the
subsistence take of fish includes the most recent revisions to 36 CFR
242.25 and 50 CFR 100.25).
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 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 (PRA)
This proposed rule does not contain any new collections of
information that require OMB approval under the PRA (44 U.S.C. 3501 et
seq.) OMB has reviewed and approved the collections of information
associated with the subsistence regulations at 36 CFR 242 and 50 CFR
100, and assigned OMB Control Number 1018-0075, with an expiration date
of June 30, 2019. We 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.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this proposed
rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant 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. 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 proposed rule is not a major rule. It will
not have an effect on the economy of $100 million or more, will not
cause a major increase in costs or prices for consumers, and will not
have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these proposed
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
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
[[Page 22625]]
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 Secretaries, through 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 Regional Council meetings;
engaging in dialogue at the Board's meetings; and providing input in
person, by mail, email, or phone at any time during the rulemaking
process.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Eugene R. Peltola, Jr. 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;
Mary McBurney, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Trevor T. Fox, Alaska Regional Office, U.S. Fish and
Wildlife Service; and
Thomas Whitford, Alaska Regional Office, U.S. Forest
Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
Proposed Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the
2018-19 and 2019-20 regulatory years.
The text of the proposed amendments to 36 CFR 242.24 and 242.26 and
50 CFR 100.24 and 100.26 is the final rule for the 2016-2018 regulatory
period for wildlife (81 FR 52528; August 8, 2016).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2015-17 regulatory period for fish (80
FR 28187; May 18, 2015).
Dated: March 22, 2017.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting
Chair, Federal Subsistence Board.
Dated: March 27, 2017.
Thomas Whitford,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2017-09967 Filed 5-16-17; 8:45 am]
BILLING CODE 3410-11; 4333-15-P