Subsistence Management Regulations for Public Lands in Alaska-2017-18 and 2018-19 Subsistence Taking of Fish Regulations, 3079-3085 [2018-00461]
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Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations
Dated: January 18, 2018.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
of Subsistence Management website
(https://www.doi.gov/subsistence). The
comments received in response to the
proposed rule are available on
www.regulations.gov in Docket No.
FWS–R7–SM–2015–0003.
[FR Doc. 2018–01168 Filed 1–22–18; 8:45 am]
BILLING CODE 5001–06–P
FOR FURTHER INFORMATION CONTACT:
Fish and Wildlife Service
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Eugene R. Peltola, Jr., Office
of Subsistence Management; (907) 786–
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.
50 CFR Part 100
SUPPLEMENTARY INFORMATION:
[Docket No. FWS–R7–SM–2015–0003;
FXFR13350700640–167–FF07J00000;
FBMS#4500096963]
Background
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
RIN 1018–BA76
Subsistence Management Regulations
for Public Lands in Alaska—2017–18
and 2018–19 Subsistence Taking of
Fish Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:
This final rule establishes
regulations for seasons, harvest limits,
methods, and means related to taking of
fish for subsistence uses in Alaska
during the 2017–2018 and 2018–2019
regulatory years. The Federal
Subsistence Board (Board) completes
the biennial process of revising
subsistence hunting and trapping
regulations in even-numbered years and
subsistence fishing and shellfish
regulations in odd-numbered years;
public proposal and review processes
take place during the preceding year.
The Board also addresses customary and
traditional use determinations during
the applicable biennial cycle. This rule
also revises fish customary and
traditional use determinations.
DATES: This rule is effective January 23,
2018.
ADDRESSES: The Board meeting
transcripts are available for review at
the Office of Subsistence Management,
1011 East Tudor Road, Mail Stop 121,
Anchorage, AK 99503, or on the Office
SUMMARY:
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 published final
regulations in the Federal Register on
May 29, 1992 (57 FR 22940). The
Program managers have 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
242.1–242.28 and 50 CFR 100.1–100.28,
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:
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• 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
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 Federal
Subsistence Regional Advisory Council
(Council). The Councils provide a forum
for rural residents with personal
knowledge of local conditions and
resource requirements to have a
meaningful role in the subsistence
management of fish and wildlife on
Federal public lands in Alaska. The
Council members represent varied
geographical, cultural, and user interests
within each region.
The Board addresses customary and
traditional use determinations during
the applicable biennial cycle. Section
ll.24 (customary and traditional use
determinations) was originally
published in the Federal Register on
May 29, 1992 (57 FR 22940). The
regulations at 36 CFR 242.4 and 50 CFR
100.4 define ‘‘customary and traditional
use’’ as ‘‘a long-established, consistent
pattern of use, incorporating beliefs and
customs which have been transmitted
from generation to generation. . . .’’
Since 1992, the Board has made a
number of customary and traditional
use determinations at the request of
affected subsistence users. Those
modifications, along with some
administrative corrections, were
published in the Federal Register as
follows:
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MODIFICATIONS TO § ll.24
Rule made changes to the
following provisions
of ll.24
Federal Register citation
Date of publication
59 FR 27462 ....................................................................
59 FR 51855 ....................................................................
60 FR 10317 ....................................................................
May 27, 1994 ...................................................................
October 13, 1994 .............................................................
February 24, 1995 ...........................................................
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MODIFICATIONS TO § ll.24—Continued
Federal Register citation
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Current Rule
The Departments published a
proposed rule on February 22, 2016 (81
FR 8675), to amend the fish section of
subparts C and D of 36 CFR part 242 and
50 CFR part 100. The proposed rule
opened a comment period, which closed
on April 1, 2016. The Departments
advertised the proposed rule by mail,
email, web page, social media, radio,
and newspaper, and comments were
submitted via www.regulations.gov to
Docket No. FWS–R7–SM–2015–0003.
During that period, the Councils met
and, in addition to other Council
business, received suggestions for
proposals from the public. The Board
received a total of 15 proposals for
changes to subparts C and D; this
included 1 proposal that was deemed
invalid because it was beyond the scope
of the Board’s authority. After the
comment period closed, the Board
prepared a booklet describing the
proposals and distributed it to the
public. The proposals were also
available online. The public then had an
additional 45 days in which to comment
on the proposals for changes to the
regulations.
The 10 Councils met again, received
public comments, and formulated their
recommendations to the Board on
proposals for their respective regions.
The Councils had a substantial role in
reviewing the proposed rule and making
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Rule made changes to the
following provisions
of ll.24
Date of publication
July 30, 1996 ...................................................................
May 29, 1997 ...................................................................
June 29, 1998 ..................................................................
August 28, 1998 ..............................................................
January 8, 1999 ...............................................................
July 1, 1999 .....................................................................
June 30, 2000 ..................................................................
February 13, 2001 ...........................................................
June 25, 2001 ..................................................................
February 7, 2002 .............................................................
June 28, 2002 ..................................................................
February 12, 2003 ...........................................................
February 3, 2004 .............................................................
July 1, 2004 .....................................................................
March 21, 2005 ................................................................
June 22, 2005 ..................................................................
March 29, 2006 ................................................................
June 30, 2006 ..................................................................
March 16, 2007 ................................................................
December 27, 2007 .........................................................
June 26, 2008 ..................................................................
March 30, 2009 ................................................................
June 30, 2010 ..................................................................
March 8, 2011 ..................................................................
June 13, 2012 ..................................................................
June 19, 2014 ..................................................................
August 8, 2016 ................................................................
recommendations for the final rule.
Moreover, a Council Chair, or a
designated representative, presented
each Council’s recommendations at the
Board’s public meeting of January 10–
12, 2017. These final regulations reflect
Board review and consideration of
Council recommendations, Tribal and
Alaska Native corporation
consultations, and public comments.
The public received extensive
opportunity to review and comment on
all changes.
Of the 14 valid proposals, 10 were on
the Board’s regular agenda and 4 were
on the consensus agenda. The
consensus agenda is made up of
proposals for which there is agreement
among the affected Councils, a majority
of the Interagency Staff Committee
members, and the Alaska Department of
Fish and Game concerning a proposed
regulatory action. Anyone may request
that the Board remove a proposal from
the consensus agenda and place it on
the non-consensus (regular) agenda. The
Board votes en masse on the consensus
agenda after deliberation and action on
all other proposals.
Of the proposals on the consensus
agenda, the Board adopted one; adopted
two with modification; and rejected one.
Analysis and justification for the action
taken on each proposal on the
consensus agenda are available for
review at the Office of Subsistence
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Management, 1011 East Tudor Road,
Mail Stop 121, Anchorage, AK 99503, or
on the Office of Subsistence
Management website (https://
www.doi.gov/subsistence). Of the
proposals on the regular (nonconsensus) agenda, the Board adopted
one; adopted three with modification;
rejected one; deferred one; withdrew
three at the requests of the proponents;
and took no action on one.
Summary of Non-Consensus Proposals
Not Adopted by the Board
The Board rejected, deferred, or took
no action on three non-consensus
proposals. The rejected proposals were
recommended for rejection by one or
more of the Councils unless noted
below.
Yukon-Northern Area
The Board rejected a proposal to
allow for the harvest of early-run
Chinook Salmon in sub-district 5D of
the Yukon River based on conservation
concerns and treaty obligations. This
action was supported by three Councils
and contrary to the recommendation of
one Council.
Kuskokwim Area
The Board deferred action on one
proposal to restructure the management
plans, fishing schedules, and methods
and means and allow for independent
action to be taken by the in-season
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manager on the Kuskokwim River.
Action on this proposal was deferred
until the next fish cycle, until the
affected entities come to a conclusion,
or a request to readdress this proposal
is submitted.
Cook Inlet Area
The Board took no action on one
proposal for the Kenai River. This
decision was based on its earlier action
on a similar proposal addressing a
community gillnet.
Summary of Non-Consensus Proposals
Adopted by the Board
The Board adopted or adopted with
modification four non-consensus
proposals. Modifications were suggested
by the affected Council(s), developed
during the analysis process, or
developed during the Board’s public
deliberations. All of the adopted
proposals were recommended for
adoption by at least one of the Councils
unless noted below.
Yukon-Northern Area
The Board adopted a proposal to
revise harvest limits to allow harvest
once the mid-range of the interim
management escapement goal and the
total allowable catch goal are projected
to be achieved on the Yukon River.
The Board adopted a proposal with
modification to revise the methods and
means for the use of gillnets in
Racetrack Slough of the Koyukuk River
and the sloughs of the Huslia River
drainage.
Cook Inlet Area
The Board adopted a proposal with
modification to revise the season dates
for the experimental community gillnet
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fishery on the Kasilof River for the
residents of Ninilchik.
The Board adopted a proposal to
revise the season dates, reporting
requirements, and household harvest
limits, require the live release of
Rainbow Trout and Dolly Varden,
remove the requirement of an
operational plan, and revise permit
conditions for the community gillnet
fishery on the Kenai River for the
residents of Ninilchik.
These final regulations reflect Board
review and consideration of Council
recommendations, Tribal and Alaska
Native corporation consultations, and
public comments. Because this rule
concerns public lands managed by an
agency or agencies in both the
Departments of Agriculture and the
Interior, identical text will be
incorporated into 36 CFR part 242 and
50 CFR part 100.
proposal for regulatory change (36 CFR
242.20 and 50 CFR 100.20). Therefore,
the Board believes that sufficient public
notice and opportunity for involvement
have been given to affected persons
regarding Board decisions.
In the more than 25 years that the
Program has been operating, no benefit
to the public has been demonstrated by
delaying the effective date of the
subsistence regulations. A lapse in
regulatory control could affect the
continued viability of fish or wildlife
populations and future subsistence
opportunities for rural Alaskans, and
would generally fail to serve the overall
public interest. Therefore, the Board
finds good cause pursuant to 5 U.S.C.
553(d)(3) to make this rule effective
upon the date set forth in DATES to
ensure continued operation of the
subsistence program.
Conformance With Statutory and
Regulatory Authorities
National Environmental Policy Act
Compliance
Administrative Procedure Act
Compliance
The Board has provided extensive
opportunity for public input and
involvement in compliance with
Administrative Procedure Act
requirements, including publishing a
proposed rule in the Federal Register,
participation in multiple Council
meetings, additional public review and
comment on all proposals for regulatory
change, and opportunity for additional
public comment during the Board
meeting prior to deliberation.
Additionally, an administrative
mechanism exists (and has been used by
the public) to request reconsideration of
the Board’s decision on any particular
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.
The following Federal Register
documents pertain to this rulemaking:
SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: Federal Register
DOCUMENTS PERTAINING TO THE FINAL RULE
Date of publication
Category of document
Details
57 FR 22940 ..............
May 29, 1992 ............
Final Rule ..................
64 FR 1276 ................
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Federal Register
citation
January 8, 1999 ........
Final Rule ..................
66 FR 31533 ..............
June 12, 2001 ...........
Interim Rule ...............
‘‘Subsistence Management Regulations for Public Lands in Alaska;
Final Rule’’ was published in the Federal Register.
Amended the regulations to include subsistence activities occurring on
inland navigable waters in which the United States has a reserved
water right and to identify specific Federal land units where reserved
water rights exist. Extended the Federal Subsistence Board’s management to all Federal lands selected under the Alaska Native
Claims Settlement Act and the Alaska Statehood Act and situated
within the boundaries of a Conservation System Unit, National
Recreation Area, National Conservation Area, or any new national
forest or forest addition, until conveyed to the State of Alaska or to
an Alaska Native Corporation. Specified and clarified the Secretaries’ authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the
subsistence priority.
Expanded the authority that the Federal Subsistence Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings.
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SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: Federal Register
DOCUMENTS PERTAINING TO THE FINAL RULE—Continued
Federal Register
citation
Date of publication
Category of document
Details
67 FR 30559 ..............
May 7, 2002 ..............
Final Rule ..................
68 FR 7703 ................
February 18, 2003 .....
Direct Final Rule ........
68 FR 23035 ..............
April 30, 2003 ............
69 FR 60957 ..............
October 14, 2004 ......
Affirmation of Direct
Final Rule.
Final Rule ..................
70 FR 76400 ..............
December 27, 2005 ..
Final Rule ..................
71 FR 49997 ..............
August 24, 2006 ........
Final Rule ..................
72 FR 25688 ..............
75 FR 63088 ..............
May 7, 2007 ..............
October 14, 2010 ......
Final Rule ..................
Final Rule ..................
76 FR 56109 ..............
September 12, 2011 ..
Final Rule ..................
77 FR 12477 ..............
March 1, 2012 ...........
Final Rule ..................
80 FR 68249 ..............
November 4, 2015 .....
Final Rule ..................
Amended the operating regulations in response to comments on the
June 12, 2001, interim rule. Also corrected some inadvertent errors
and oversights of previous rules.
Clarified how old a person must be to receive certain subsistence use
permits and removed the requirement that Regional Advisory Councils must have an odd number of members.
Because no adverse comments were received on the direct final rule
(67 FR 30559), the direct final rule was adopted.
Clarified the membership qualifications for Regional Advisory Council
membership and relocated the definition of ‘‘regulatory year’’ from
subpart A to subpart D of the regulations.
Revised jurisdiction in marine waters and clarified jurisdiction relative
to military lands.
Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near Sitka,
AK. This allowed subsistence users to harvest marine resources in
this area under seasons, harvest limits, and methods specified in
the regulations.
Revised nonrural determinations.
Amended the regulations for accepting and addressing special action
requests and the role of the Regional Advisory Councils in the process.
Revised the composition of the Federal Subsistence Board by expanding the Board by two public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska.
Extended the compliance date for the final rule (72 FR 25688, May 7,
2007) that revised nonrural determinations until the Secretarial program review is complete or in 5 years, whichever comes first.
Revised the nonrural determination process and allowed the Federal
Subsistence Board to define which communities and areas are
nonrural.
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
Paperwork Reduction Act of 1995 (PRA)
An ANILCA section 810 analysis was
completed as part of the FEIS process on
the Federal Subsistence Management
Program. The intent of all Federal
subsistence regulations is to accord
subsistence uses of fish and wildlife on
public lands a priority over the taking
of fish and wildlife on such lands for
other purposes, unless restriction is
necessary to conserve healthy fish and
wildlife populations. The final section
810 analysis determination appeared in
the April 6, 1992, ROD and concluded
that the Program, under Alternative IV
with an annual process for setting
subsistence regulations, may have some
local impacts on subsistence uses, but
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will not likely restrict subsistence uses
significantly.
During the subsequent environmental
assessment process for extending
fisheries jurisdiction, an evaluation of
the effects of this rule was conducted in
accordance with section 810. That
evaluation also supported the
Secretaries’ determination that the rule
will not reach the ‘‘may significantly
restrict’’ threshold that would require
notice and hearings under ANILCA
section 810(a).
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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 rule does
not contain any new collections of
information that require OMB approval.
OMB has reviewed and approved the
collections of information associated
with the subsistence regulations at 36
CFR part 242 and 50 CFR part 100, and
assigned OMB Control Number 1018–
0075, which expires June 30, 2019.
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Regulatory Planning and Review
(Executive Orders 12866 and 13563)
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 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
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.
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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.
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Executive Order 12988
The Secretaries have determined that
these regulations meet the applicable
standards provided in sections 3(a) and
3(b)(2) of Executive Order 12988,
regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order
13132, the rule does not have sufficient
Federalism implications to warrant the
preparation of a Federalism summary
impact statement. 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 provided
Federally recognized Tribes and Alaska
Native corporations opportunities 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,
provided a variety of opportunities for
consultation: Commenting on proposed
changes to the existing rule; engaging in
dialogue at the Council meetings;
engaging in dialogue at the Board’s
meetings; and providing input in
person, by mail, email, or phone at any
time during the rulemaking process.
On April 12, 2016, the Board
provided Federally recognized Tribes
and Alaska Native Corporations a
specific opportunity to consult on this
rule prior to the start of its public
regulatory meeting. Federally
recognized Tribes and Alaska Native
Corporations were notified by mail and
telephone and were given the
opportunity to attend in person or via
teleconference.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this rule is not a
significant regulatory action under E.O.
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3083
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;
• Carol Damberg, Alaska Regional
Office, U.S. Fish and Wildlife Service;
and
• Thomas Whitford, Alaska Regional
Office, USDA 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.
Regulation Promulgation
For the reasons set out in the
preamble, the Federal Subsistence
Board amends title 36, part 242, and
title 50, part 100, of the Code of Federal
Regulations, as set forth below.
PART ____—SUBSISTENCE
MANAGEMENT REGULATIONS FOR
PUBLIC LANDS IN ALASKA
1. The authority citation for both 36
CFR part 242 and 50 CFR part 100
continues to read as follows:
■
Authority: 16 U.S.C. 3, 472, 551, 668dd,
3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
1733.
Subpart C—Board Determinations
2. Amend § ____.24(a)(2) in the table
by revising the seventh entry under
‘‘PRINCE WILLIAM SOUND AREA:’’ to
read as follows:
■
§ ____.24 Customary and traditional use
determinations.
(a) * * *
(2) * * *
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Area
Species
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Determination
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Prince William Sound Area
*
*
Glennallen Subdistrict of the Upper Copper River District.
*
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*
Salmon .............
*
*
*
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*
Subpart D—Subsistence Taking of
Fish and Wildlife
3. Amend § ____.27 by:
a. Adding paragraph (e)(3)(xiii)(B);
b. Revising paragraphs (e)(3)(xv)(A)
and (B);
■ c. Adding paragraph (e)(3)(xvi)(F);
■ d. Revising paragraph (e)(10)(iv)(I)
introductory text, and paragraph
(e)(10)(iv)(J); and
■ f. Revising paragraph (e)(13)(ix).
The additions and revisions read as
follows:
■
■
■
§ ____.27
Subsistence taking of fish.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
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*
(e) * * *
(3) * * *
(xiii) * * *
(B) In Subdistrict 5D you may take
salmon once the mid-range of the
Canadian interim management
escapement goal and the total allowable
catch goal are projected to be achieved.
*
*
*
*
*
(xv) * * *
(A) In Subdistrict 4A upstream from
the mouth of Stink Creek, you may take
Chinook salmon by drift gillnets less
than 150 feet in length from June 10
through July 14, and chum salmon by
drift gillnets after August 2; unless
closed by the Federal In-season
Manager; from June 10 through August
2, the Federal In-season Manager may
open fishing periods during which
chum salmon may be taken by drift
gillnets.
(B) In Subdistrict 4A downstream
from the mouth of Stink Creek, you may
take Chinook salmon by drift gillnets
less than 150 feet in length from June 10
through July 14; unless closed by the
Federal In-season Manager; from June
10 through August 2, the Federal Inseason Manager may open fishing
periods during which chum salmon may
be taken by drift gillnets.
*
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VerDate Sep<11>2014
15:56 Jan 22, 2018
*
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Residents of the Prince William Sound Area and residents of Cantwell,
Chickaloon, Chisana, Dot Lake, Dry Creek, Healy Lake, Northway, Tanacross,
Tetlin, Tok, and those individuals living along the Alaska Highway from the
Alaskan/Canadian border to Dot Lake, along the Tok Cutoff from Tok to
Mentasta Pass, and along the Nabesna Road.
Jkt 244001
*
*
(xvi) * * *
(F) In Racetrack Slough on the
Koyukuk River and in the sloughs of the
Huslia River drainage, from when each
river is free of ice through June 15, the
offshore end of the set gillnet may not
be closer than 20 feet from the opposite
bank except that sloughs 40 feet or less
in width may have 3⁄4 width coverage
with set gillnet, unless closed by
Federal special action.
*
*
*
*
*
(10) * * *
(iv) * * *
(I) Residents of Ninilchik may harvest
sockeye, Chinook, coho, and pink
salmon through an experimental
community gillnet fishery in the Federal
public waters of the upper mainstem of
the Kasilof River from a Federal
regulatory marker on the river below the
outlet of Tustumena Lake downstream
to the Tustumena Lake boat launch June
16–August 15. The experimental
community gillnet fishery will expire 5
years after approval of the first
operational plan.
*
*
*
*
*
(J) Residents of Ninilchik may harvest
sockeye, Chinook, coho, and pink
salmon in the Federal public waters of
the Kenai River with a single gillnet to
be managed and operated by the
Ninilchik Traditional Council. Ninilchik
residents may retain other species
incidentally caught in the Kenai River
except for rainbow trout and Dolly
Varden; all rainbow trout and Dolly
Varden must be released.
(1) Only one community gillnet can
be operated on the Kenai River. The
gillnet cannot be over 10 fathoms in
length, must be no larger than 5.25-inch
mesh, and may not obstruct more than
half of the river width with stationary
fishing gear. Subsistence stationary
gillnet gear may not be set within 200
feet of other subsistence stationary gear.
(2) One registration permit will be
available and will be awarded by the
Federal in-season fishery manager, in
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Fmt 4700
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*
*
consultation with the Kenai National
Wildlife Refuge manager. The
registration permit will be issued to the
Ninilchik Traditional Council.
(i) As the community gillnet owner,
the Ninilchik Traditional Council will
be responsible for its use and removal
in consultation with the Federal fishery
manager.
(ii) As part of the permit, after the
season, the Ninilchik Traditional
Council must provide written
documentation of required evaluation
information to the Federal fishery
manager including, but not limited to,
persons or households operating the
gear, hours of operation, and number of
each species caught and retained or
released.
(3) The Ninilchik Traditional Council
may operate the net for subsistence
purposes on behalf of residents of
Ninilchik by requesting a subsistence
fishing permit that:
(i) Identifies a person who will be
responsible for fishing the gillnet;
(ii) Includes provisions for recording
daily catches within 72 hours, the
household to whom the catch was
given, and other information
determined to be necessary for effective
resource management by the Federal
fishery manager.
(4) Fishing will be allowed from July
1 through August 15 and September 10–
30 on the Kenai River unless closed or
otherwise restricted by Federal special
action.
(5) Salmon taken in the gillnet fishery
will be included as part of the dip net/
rod and reel household annual limits for
the Kenai River of participating
households.
(6) Fishing for each salmon species
will end and the fishery will be closed
by Federal special action prior to
regulatory end dates if the annual total
harvest limit for that species is reached
or superseded by Federal special action.
*
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(13) * * *
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(ix) Nets are prohibited in streams
flowing across or adjacent to the roads
on Wrangell and Mitkof islands, and in
streams flowing across or adjacent to the
road systems connected to the
community of Sitka.
*
*
*
*
*
Dated: December 5, 2017.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and
Wildlife Service Acting Chair, Federal
Subsistence Board.
Dated: December 6, 2017.
Thomas Whitford,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. 2018–00461 Filed 1–22–18; 8:45 am]
BILLING CODE 3410–11–P; 4333–15–P
POSTAL SERVICE
39 CFR Part 266
Privacy of Information; Adding
Clarifying Language Concerning the
Purpose of a Contract or Interagency
Agreement
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is adding
language for clarification purposes to
ensure that the purpose of a contract or
interagency agreement complies with
the Postal Reorganization Act and the
Privacy Act of 1974.
DATES: Effective date: January 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Natalie A. Bonanno, Chief Counsel,
Federal Compliance,
natalie.a.bonanno@usps.gov, 202–268–
2944.
SUMMARY:
On
October 11, 2017 (82 FR 47115), the
Postal Service published its revised
privacy regulations to implement
numerous non-substantive editorial
changes effective on the same date.
These changes included renaming
certain offices with privacy-related
duties, modification of the roles of
employees tasked with implementing
aspects of the privacy regulations, and
minor editorial changes to postal
privacy policy to improve its
consistency and clarity. The Postal
Service is now adding clarifying
language to ensure the purpose of a
contract or interagency agreement
complies with the Postal Reorganization
Act and the Privacy Act of 1974.
sradovich on DSK3GMQ082PROD with RULES
SUPPLEMENTARY INFORMATION:
List of Subjects in 39 CFR Part 266
Privacy.
VerDate Sep<11>2014
For the reasons stated in the
preamble, the Postal Service amends 39
CFR chapter I as follows:
LEGAL SERVICES CORPORATION
PART 266—[AMENDED]
Income Level for Individuals Eligible
for Assistance
1. The authority citation for 39 CFR
part 266 continues to read as follows:
■
Authority: 5 U.S.C. 552a; 39 U.S.C. 401.
2. Revise § 266.3(b)(3) to read as
follows:
■
§ 266.3 Collection and disclosure of
information about individuals.
*
*
*
*
*
(b) * * *
(3) Under 39 U.S.C. 412(a), the Postal
Service shall not make a mailing or
other list of names or addresses (past or
present) of postal patrons or other
persons available to the public, unless
such action is authorized by law.
Consistent with this provision, the
Postal Service may make such a list
available as follows:
(i) In accordance with 39 U.S.C.
412(b), to the Secretary of Commerce for
use by the Bureau of the Census;
(ii) As required by the terms of a
legally enforceable contract entered into
by the Postal Service under its authority
contained in 39 U.S.C. 401(3) and when
subject to a valid non-disclosure
agreement. The purpose of the contract
must comply with 5 U.S.C. 552a(n),
which prohibits the sale or rental of an
individual’s name and address;
(iii) As required by the terms of a
legally enforceable interagency
agreement entered into by the Postal
Service under its authority contained in
39 U.S.C. 411 and when subject to a
valid non-disclosure agreement. The
purpose of the interagency agreement
must comply with 5 U.S.C. 552a(n),
which prohibits the sale or rental of an
individual’s name and address;
(iv) In accordance with 5 U.S.C.
552a(b), the Postal Service may disclose
a list of names and addresses of
individuals pursuant to a written
request by, or with the prior written
consent of, each individual whose name
and address is contained in such list,
provided that such names and addresses
are derived from records maintained by
the Postal Service in a system of records
as defined by 5 U.S.C. 552a(a); or
(v) As otherwise expressly authorized
by federal law.
*
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Tracy A. Quinlan,
Attorney, Federal Compliance.
[FR Doc. 2018–01084 Filed 1–22–18; 8:45 am]
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45 CFR Part 1611
Legal Services Corporation.
ACTION: Final rule.
AGENCY:
The Legal Services
Corporation (LSC) is required by law to
establish maximum income levels for
individuals eligible for legal assistance.
This document updates the specified
income levels to reflect the annual
amendments to the Federal Poverty
Guidelines issued by the U.S.
Department of Health and Human
Services (HHS).
SUMMARY:
DATES:
Effective January 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Stefanie K. Davis, Assistant General
Counsel, Legal Services Corporation,
3333 K St. NW, Washington, DC 20007;
(202) 295–1563; sdavis@lsc.gov.
Section
1007(a)(2) of the Legal Services
Corporation Act (Act), 42 U.S.C.
2996f(a)(2), requires LSC to establish
maximum income levels for individuals
eligible for legal assistance. Section
1611.3(c) of LSC’s regulations
establishes a maximum income level
equivalent to 125% of the Federal
Poverty Guidelines (Guidelines), which
HHS is responsible for updating and
issuing. 45 CFR 1611.3(c).
Each year, LSC updates Appendix A
to 45 CFR part 1611 to provide client
income eligibility standards based on
the most recent Guidelines. The figures
for 2018, set out below, are equivalent
to 125% of the Guidelines published by
HHS on January 18, 2018, 83 FR 2642.
In addition, LSC is publishing a chart
listing income levels that are 200% of
the Guidelines. This chart is for
reference purposes only as an aid to
recipients in assessing the financial
eligibility of an applicant whose income
is greater than 125% of the applicable
Guidelines amount, but less than 200%
of the applicable Guidelines amount
(and who may be found to be financially
eligible under duly adopted exceptions
to the annual income ceiling in
accordance with 45 CFR 1611.3, 1611.4,
and 1611.5).
Except where there are minor
variances due to rounding, the amount
by which the guideline increases for
each additional member of the
household is a consistent amount.
SUPPLEMENTARY INFORMATION:
List of Subjects in 45 CFR Part 1611
Grant Programs—Law, Legal services.
BILLING CODE 7710–12–P
15:56 Jan 22, 2018
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]]>Agencies
[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Rules and Regulations]
[Pages 3079-3085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00461]
=======================================================================
-----------------------------------------------------------------------
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-2015-0003; FXFR13350700640-167-FF07J00000;
FBMS#4500096963]
RIN 1018-BA76
Subsistence Management Regulations for Public Lands in Alaska--
2017-18 and 2018-19 Subsistence Taking of Fish Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes regulations for seasons, harvest
limits, methods, and means related to taking of fish for subsistence
uses in Alaska during the 2017-2018 and 2018-2019 regulatory years. The
Federal Subsistence Board (Board) completes the biennial process of
revising subsistence hunting and trapping regulations in even-numbered
years and subsistence fishing and shellfish regulations in odd-numbered
years; public proposal and review processes take place during the
preceding year. The Board also addresses customary and traditional use
determinations during the applicable biennial cycle. This rule also
revises fish customary and traditional use determinations.
DATES: This rule is effective January 23, 2018.
ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop
121, Anchorage, AK 99503, or on the Office of Subsistence Management
website (https://www.doi.gov/subsistence). The comments received in
response to the proposed rule are available on www.regulations.gov in
Docket No. FWS-R7-SM-2015-0003.
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) 786-3888 or
[email protected]. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
[email protected].
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 published final regulations in the
Federal Register on May 29, 1992 (57 FR 22940). The Program managers
have 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 242.1-242.28 and 50
CFR 100.1-100.28, 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 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
Federal Subsistence Regional Advisory Council (Council). The Councils
provide a forum for rural residents with personal knowledge of local
conditions and resource requirements to have a meaningful role in the
subsistence management of fish and wildlife on Federal public lands in
Alaska. The Council members represent varied geographical, cultural,
and user interests within each region.
The Board addresses customary and traditional use determinations
during the applicable biennial cycle. Section __.24 (customary and
traditional use determinations) was originally published in the Federal
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-
established, consistent pattern of use, incorporating beliefs and
customs which have been transmitted from generation to generation. . .
.'' Since 1992, the Board has made a number of customary and
traditional use determinations at the request of affected subsistence
users. Those modifications, along with some administrative corrections,
were published in the Federal Register as follows:
Modifications to Sec. __.24
----------------------------------------------------------------------------------------------------------------
Rule made changes to the following
Federal Register citation Date of publication provisions of __.24
----------------------------------------------------------------------------------------------------------------
59 FR 27462............................ May 27, 1994.............. Wildlife and Fish/Shellfish.
59 FR 51855............................ October 13, 1994.......... Wildlife and Fish/Shellfish.
60 FR 10317............................ February 24, 1995......... Wildlife and Fish/Shellfish.
[[Page 3080]]
61 FR 39698............................ July 30, 1996............. Wildlife and Fish/Shellfish.
62 FR 29016............................ May 29, 1997.............. Wildlife and Fish/Shellfish.
63 FR 35332............................ June 29, 1998............. Wildlife and Fish/Shellfish.
63 FR 46148............................ August 28, 1998........... Wildlife and Fish/Shellfish.
64 FR 1276............................. January 8, 1999........... Fish/Shellfish.
64 FR 35776............................ July 1, 1999.............. Wildlife.
65 FR 40730............................ June 30, 2000............. Wildlife.
66 FR 10142............................ February 13, 2001......... Fish/Shellfish.
66 FR 33744............................ June 25, 2001............. Wildlife.
67 FR 5890............................. February 7, 2002.......... Fish/Shellfish.
67 FR 43710............................ June 28, 2002............. Wildlife.
68 FR 7276............................. February 12, 2003......... Fish/Shellfish.
69 FR 5018............................. February 3, 2004.......... Fish/Shellfish.
69 FR 40174............................ July 1, 2004.............. Wildlife.
70 FR 13377............................ March 21, 2005............ Fish/Shellfish.
70 FR 36268............................ June 22, 2005............. Wildlife.
71 FR 15569............................ March 29, 2006............ Fish/Shellfish.
71 FR 37642............................ June 30, 2006............. Wildlife.
72 FR 12676............................ March 16, 2007............ Fish/Shellfish.
72 FR 73426............................ December 27, 2007......... Wildlife/Fish.
73 FR 35726............................ June 26, 2008............. Wildlife.
74 FR 14049............................ March 30, 2009............ Fish/Shellfish.
75 FR 37918............................ June 30, 2010............. Wildlife.
76 FR 12564............................ March 8, 2011............. Fish/Shellfish.
77 FR 35482............................ June 13, 2012............. Wildlife.
79 FR 35232............................ June 19, 2014............. Wildlife.
81 FR 52528............................ August 8, 2016............ Wildlife.
----------------------------------------------------------------------------------------------------------------
Current Rule
The Departments published a proposed rule on February 22, 2016 (81
FR 8675), to amend the fish section of subparts C and D of 36 CFR part
242 and 50 CFR part 100. The proposed rule opened a comment period,
which closed on April 1, 2016. The Departments advertised the proposed
rule by mail, email, web page, social media, radio, and newspaper, and
comments were submitted via www.regulations.gov to Docket No. FWS-R7-
SM-2015-0003. During that period, the Councils met and, in addition to
other Council business, received suggestions for proposals from the
public. The Board received a total of 15 proposals for changes to
subparts C and D; this included 1 proposal that was deemed invalid
because it was beyond the scope of the Board's authority. After the
comment period closed, the Board prepared a booklet describing the
proposals and distributed it to the public. The proposals were also
available online. The public then had an additional 45 days in which to
comment on the proposals for changes to the regulations.
The 10 Councils met again, received public comments, and formulated
their recommendations to the Board on proposals for their respective
regions. The Councils had a substantial role in reviewing the proposed
rule and making recommendations for the final rule. Moreover, a Council
Chair, or a designated representative, presented each Council's
recommendations at the Board's public meeting of January 10-12, 2017.
These final regulations reflect Board review and consideration of
Council recommendations, Tribal and Alaska Native corporation
consultations, and public comments. The public received extensive
opportunity to review and comment on all changes.
Of the 14 valid proposals, 10 were on the Board's regular agenda
and 4 were on the consensus agenda. The consensus agenda is made up of
proposals for which there is agreement among the affected Councils, a
majority of the Interagency Staff Committee members, and the Alaska
Department of Fish and Game concerning a proposed regulatory action.
Anyone may request that the Board remove a proposal from the consensus
agenda and place it on the non-consensus (regular) agenda. The Board
votes en masse on the consensus agenda after deliberation and action on
all other proposals.
Of the proposals on the consensus agenda, the Board adopted one;
adopted two with modification; and rejected one. Analysis and
justification for the action taken on each proposal on the consensus
agenda are available for review at the Office of Subsistence
Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503,
or on the Office of Subsistence Management website (https://www.doi.gov/subsistence). Of the proposals on the regular (non-
consensus) agenda, the Board adopted one; adopted three with
modification; rejected one; deferred one; withdrew three at the
requests of the proponents; and took no action on one.
Summary of Non-Consensus Proposals Not Adopted by the Board
The Board rejected, deferred, or took no action on three non-
consensus proposals. The rejected proposals were recommended for
rejection by one or more of the Councils unless noted below.
Yukon-Northern Area
The Board rejected a proposal to allow for the harvest of early-run
Chinook Salmon in sub-district 5D of the Yukon River based on
conservation concerns and treaty obligations. This action was supported
by three Councils and contrary to the recommendation of one Council.
Kuskokwim Area
The Board deferred action on one proposal to restructure the
management plans, fishing schedules, and methods and means and allow
for independent action to be taken by the in-season
[[Page 3081]]
manager on the Kuskokwim River. Action on this proposal was deferred
until the next fish cycle, until the affected entities come to a
conclusion, or a request to readdress this proposal is submitted.
Cook Inlet Area
The Board took no action on one proposal for the Kenai River. This
decision was based on its earlier action on a similar proposal
addressing a community gillnet.
Summary of Non-Consensus Proposals Adopted by the Board
The Board adopted or adopted with modification four non-consensus
proposals. Modifications were suggested by the affected Council(s),
developed during the analysis process, or developed during the Board's
public deliberations. All of the adopted proposals were recommended for
adoption by at least one of the Councils unless noted below.
Yukon-Northern Area
The Board adopted a proposal to revise harvest limits to allow
harvest once the mid-range of the interim management escapement goal
and the total allowable catch goal are projected to be achieved on the
Yukon River.
The Board adopted a proposal with modification to revise the
methods and means for the use of gillnets in Racetrack Slough of the
Koyukuk River and the sloughs of the Huslia River drainage.
Cook Inlet Area
The Board adopted a proposal with modification to revise the season
dates for the experimental community gillnet fishery on the Kasilof
River for the residents of Ninilchik.
The Board adopted a proposal to revise the season dates, reporting
requirements, and household harvest limits, require the live release of
Rainbow Trout and Dolly Varden, remove the requirement of an
operational plan, and revise permit conditions for the community
gillnet fishery on the Kenai River for the residents of Ninilchik.
These final regulations reflect Board review and consideration of
Council recommendations, Tribal and Alaska Native corporation
consultations, and public comments. Because this rule concerns public
lands managed by an agency or agencies in both the Departments of
Agriculture and the Interior, identical text will be incorporated into
36 CFR part 242 and 50 CFR part 100.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements, including publishing a proposed rule in the Federal
Register, participation in multiple Council meetings, additional public
review and comment on all proposals for regulatory change, and
opportunity for additional public comment during the Board meeting
prior to deliberation. Additionally, an administrative mechanism exists
(and has been used by the public) to request reconsideration of the
Board's decision on any particular proposal for regulatory change (36
CFR 242.20 and 50 CFR 100.20). Therefore, the Board believes that
sufficient public notice and opportunity for involvement have been
given to affected persons regarding Board decisions.
In the more than 25 years that the Program has been operating, no
benefit to the public has been demonstrated by delaying the effective
date of the subsistence regulations. A lapse in regulatory control
could affect the continued viability of fish or wildlife populations
and future subsistence opportunities for rural Alaskans, and would
generally fail to serve the overall public interest. Therefore, the
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule
effective upon the date set forth in DATES to ensure continued
operation of the subsistence program.
National Environmental Policy Act Compliance
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.
The following Federal Register documents pertain to this
rulemaking:
Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
Federal Register citation Date of publication Category of document Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940................... May 29, 1992................. Final Rule................... ``Subsistence
Management
Regulations for
Public Lands in
Alaska; Final
Rule'' was
published in the
Federal Register.
64 FR 1276.................... January 8, 1999.............. Final Rule................... Amended the
regulations to
include
subsistence
activities
occurring on
inland navigable
waters in which
the United States
has a reserved
water right and
to identify
specific Federal
land units where
reserved water
rights exist.
Extended the
Federal
Subsistence
Board's
management to all
Federal lands
selected under
the Alaska Native
Claims Settlement
Act and the
Alaska Statehood
Act and situated
within the
boundaries of a
Conservation
System Unit,
National
Recreation Area,
National
Conservation
Area, or any new
national forest
or forest
addition, until
conveyed to the
State of Alaska
or to an Alaska
Native
Corporation.
Specified and
clarified the
Secretaries'
authority to
determine when
hunting, fishing,
or trapping
activities taking
place in Alaska
off the public
lands interfere
with the
subsistence
priority.
66 FR 31533................... June 12, 2001................ Interim Rule................. Expanded the
authority that
the Federal
Subsistence Board
may delegate to
agency field
officials and
clarified the
procedures for
enacting
emergency or
temporary
restrictions,
closures, or
openings.
[[Page 3082]]
67 FR 30559................... May 7, 2002.................. Final Rule................... Amended the
operating
regulations in
response to
comments on the
June 12, 2001,
interim rule.
Also corrected
some inadvertent
errors and
oversights of
previous rules.
68 FR 7703.................... February 18, 2003............ Direct Final Rule............ Clarified how old
a person must be
to receive
certain
subsistence use
permits and
removed the
requirement that
Regional Advisory
Councils must
have an odd
number of
members.
68 FR 23035................... April 30, 2003............... Affirmation of Direct Final Because no adverse
Rule. comments were
received on the
direct final rule
(67 FR 30559),
the direct final
rule was adopted.
69 FR 60957................... October 14, 2004............. Final Rule................... Clarified the
membership
qualifications
for Regional
Advisory Council
membership and
relocated the
definition of
``regulatory
year'' from
subpart A to
subpart D of the
regulations.
70 FR 76400................... December 27, 2005............ Final Rule................... Revised
jurisdiction in
marine waters and
clarified
jurisdiction
relative to
military lands.
71 FR 49997................... August 24, 2006.............. Final Rule................... Revised the
jurisdiction of
the subsistence
program by adding
submerged lands
and waters in the
area of Makhnati
Island, near
Sitka, AK. This
allowed
subsistence users
to harvest marine
resources in this
area under
seasons, harvest
limits, and
methods specified
in the
regulations.
72 FR 25688................... May 7, 2007.................. Final Rule................... Revised nonrural
determinations.
75 FR 63088................... October 14, 2010............. Final Rule................... Amended the
regulations for
accepting and
addressing
special action
requests and the
role of the
Regional Advisory
Councils in the
process.
76 FR 56109................... September 12, 2011........... Final Rule................... Revised the
composition of
the Federal
Subsistence Board
by expanding the
Board by two
public members
who possess
personal
knowledge of and
direct experience
with subsistence
uses in rural
Alaska.
77 FR 12477................... March 1, 2012................ Final Rule................... Extended the
compliance date
for the final
rule (72 FR
25688, May 7,
2007) that
revised nonrural
determinations
until the
Secretarial
program review is
complete or in 5
years, whichever
comes first.
80 FR 68249................... November 4, 2015............. Final Rule................... Revised the
nonrural
determination
process and
allowed the
Federal
Subsistence Board
to define which
communities and
areas are
nonrural.
----------------------------------------------------------------------------------------------------------------
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Program, under Alternative IV with an annual
process for setting subsistence regulations, may have some local
impacts on subsistence uses, but will not likely restrict subsistence
uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of this
rule was conducted in accordance with section 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA section 810(a).
Paperwork Reduction Act of 1995 (PRA)
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 rule
does not contain any new collections of information that require OMB
approval. OMB has reviewed and approved the collections of information
associated with the subsistence regulations at 36 CFR part 242 and 50
CFR part 100, and assigned OMB Control Number 1018-0075, which expires
June 30, 2019.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
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 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.
[[Page 3083]]
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 sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism summary impact statement. 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 provided Federally
recognized Tribes and Alaska Native corporations opportunities 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, provided a variety of
opportunities for consultation: Commenting on proposed changes to the
existing rule; engaging in dialogue at the Council meetings; engaging
in dialogue at the Board's meetings; and providing input in person, by
mail, email, or phone at any time during the rulemaking process.
On April 12, 2016, the Board provided Federally recognized Tribes
and Alaska Native Corporations a specific opportunity to consult on
this rule prior to the start of its public regulatory meeting.
Federally recognized Tribes and Alaska Native Corporations were
notified by mail and telephone and were given the opportunity to attend
in person or via teleconference.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this 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;
Carol Damberg, Alaska Regional Office, U.S. Fish and
Wildlife Service; and
Thomas Whitford, Alaska Regional Office, USDA 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.
Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board amends title 36, part 242, and title 50, part 100, of the Code of
Federal Regulations, as set forth below.
PART ____--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart C--Board Determinations
0
2. Amend Sec. ____.24(a)(2) in the table by revising the seventh entry
under ``PRINCE WILLIAM SOUND AREA:'' to read as follows:
Sec. ____.24 Customary and traditional use determinations.
(a) * * *
(2) * * *
[[Page 3084]]
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
Prince William Sound Area
------------------------------------------------------------------------
* * * * * * *
Glennallen Subdistrict of Salmon.............. Residents of the
the Upper Copper River Prince William
District. Sound Area and
residents of
Cantwell,
Chickaloon,
Chisana, Dot Lake,
Dry Creek, Healy
Lake, Northway,
Tanacross, Tetlin,
Tok, and those
individuals living
along the Alaska
Highway from the
Alaskan/Canadian
border to Dot Lake,
along the Tok
Cutoff from Tok to
Mentasta Pass, and
along the Nabesna
Road.
* * * * * * *
------------------------------------------------------------------------
* * * * *
Subpart D--Subsistence Taking of Fish and Wildlife
0
3. Amend Sec. ____.27 by:
0
a. Adding paragraph (e)(3)(xiii)(B);
0
b. Revising paragraphs (e)(3)(xv)(A) and (B);
0
c. Adding paragraph (e)(3)(xvi)(F);
0
d. Revising paragraph (e)(10)(iv)(I) introductory text, and paragraph
(e)(10)(iv)(J); and
0
f. Revising paragraph (e)(13)(ix).
The additions and revisions read as follows:
Sec. ____.27 Subsistence taking of fish.
* * * * *
(e) * * *
(3) * * *
(xiii) * * *
(B) In Subdistrict 5D you may take salmon once the mid-range of the
Canadian interim management escapement goal and the total allowable
catch goal are projected to be achieved.
* * * * *
(xv) * * *
(A) In Subdistrict 4A upstream from the mouth of Stink Creek, you
may take Chinook salmon by drift gillnets less than 150 feet in length
from June 10 through July 14, and chum salmon by drift gillnets after
August 2; unless closed by the Federal In-season Manager; from June 10
through August 2, the Federal In-season Manager may open fishing
periods during which chum salmon may be taken by drift gillnets.
(B) In Subdistrict 4A downstream from the mouth of Stink Creek, you
may take Chinook salmon by drift gillnets less than 150 feet in length
from June 10 through July 14; unless closed by the Federal In-season
Manager; from June 10 through August 2, the Federal In-season Manager
may open fishing periods during which chum salmon may be taken by drift
gillnets.
* * * * *
(xvi) * * *
(F) In Racetrack Slough on the Koyukuk River and in the sloughs of
the Huslia River drainage, from when each river is free of ice through
June 15, the offshore end of the set gillnet may not be closer than 20
feet from the opposite bank except that sloughs 40 feet or less in
width may have \3/4\ width coverage with set gillnet, unless closed by
Federal special action.
* * * * *
(10) * * *
(iv) * * *
(I) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon through an experimental community gillnet fishery in the
Federal public waters of the upper mainstem of the Kasilof River from a
Federal regulatory marker on the river below the outlet of Tustumena
Lake downstream to the Tustumena Lake boat launch June 16-August 15.
The experimental community gillnet fishery will expire 5 years after
approval of the first operational plan.
* * * * *
(J) Residents of Ninilchik may harvest sockeye, Chinook, coho, and
pink salmon in the Federal public waters of the Kenai River with a
single gillnet to be managed and operated by the Ninilchik Traditional
Council. Ninilchik residents may retain other species incidentally
caught in the Kenai River except for rainbow trout and Dolly Varden;
all rainbow trout and Dolly Varden must be released.
(1) Only one community gillnet can be operated on the Kenai River.
The gillnet cannot be over 10 fathoms in length, must be no larger than
5.25-inch mesh, and may not obstruct more than half of the river width
with stationary fishing gear. Subsistence stationary gillnet gear may
not be set within 200 feet of other subsistence stationary gear.
(2) One registration permit will be available and will be awarded
by the Federal in-season fishery manager, in consultation with the
Kenai National Wildlife Refuge manager. The registration permit will be
issued to the Ninilchik Traditional Council.
(i) As the community gillnet owner, the Ninilchik Traditional
Council will be responsible for its use and removal in consultation
with the Federal fishery manager.
(ii) As part of the permit, after the season, the Ninilchik
Traditional Council must provide written documentation of required
evaluation information to the Federal fishery manager including, but
not limited to, persons or households operating the gear, hours of
operation, and number of each species caught and retained or released.
(3) The Ninilchik Traditional Council may operate the net for
subsistence purposes on behalf of residents of Ninilchik by requesting
a subsistence fishing permit that:
(i) Identifies a person who will be responsible for fishing the
gillnet;
(ii) Includes provisions for recording daily catches within 72
hours, the household to whom the catch was given, and other information
determined to be necessary for effective resource management by the
Federal fishery manager.
(4) Fishing will be allowed from July 1 through August 15 and
September 10-30 on the Kenai River unless closed or otherwise
restricted by Federal special action.
(5) Salmon taken in the gillnet fishery will be included as part of
the dip net/rod and reel household annual limits for the Kenai River of
participating households.
(6) Fishing for each salmon species will end and the fishery will
be closed by Federal special action prior to regulatory end dates if
the annual total harvest limit for that species is reached or
superseded by Federal special action.
* * * * *
(13) * * *
[[Page 3085]]
(ix) Nets are prohibited in streams flowing across or adjacent to
the roads on Wrangell and Mitkof islands, and in streams flowing across
or adjacent to the road systems connected to the community of Sitka.
* * * * *
Dated: December 5, 2017.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and Wildlife Service Acting
Chair, Federal Subsistence Board.
Dated: December 6, 2017.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2018-00461 Filed 1-22-18; 8:45 am]
BILLING CODE 3410-11-P; 4333-15-P
