Subsistence Management Regulations for Public Lands in Alaska-2020-21 and 2021-22 Subsistence Taking of Wildlife Regulations, 623-627 [2019-00424]

Download as PDF Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting for 2 hours that will prohibit entry within 100-yards of swim participants. Normally such actions are categorically excluded from further review under paragraph L63(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. khammond on DSKBBV9HB2PROD with PROPOSALS G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or when a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 165 as follows: PART 165—SAFETY ZONE; TANAPAG HARBOR, SAIPAN, CNMI 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034 (previously codified in 33 U.S.C 1231); 46 U.S.C. 70051 (previously codified in 50 U.S.C. 191); 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T14–0020 to read as follows: ■ 165. T14–0020 Safety Zone; Tanapag Harbor, Saipan, CNMI. (a) Location. The following area, within the Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70–15), all navigable waters within a 100-yard radius of race participants in Tanapag Harbor, Saipan. Race participants, chase boats and organizers of the event will be exempt from the safety zone. (b) Effective Dates. This rule is effective from 6:30 a.m. to 8:30 a.m. on March 31, 2019. (c) Enforcement. Any Coast Guard commissioned, warrant, or petty officer, and any other COTP representative permitted by law, may enforce this temporary safety zone. (d) Waiver. The COTP may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime security. (e) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 46 U.S.C. 70036 (previously codified in 33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C. 192). Dated: January 23, 2019. Christopher M. Chase, Captain, U.S. Coast Guard, Captain of the Port, Guam. [FR Doc. 2019–00563 Filed 1–30–19; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 623 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–2018–0015; FXFR13350700640–190–FF07J00000; FBMS#4500129154] RIN 1018–BD11 Subsistence Management Regulations for Public Lands in Alaska—2020–21 and 2021–22 Subsistence Taking of Wildlife Regulations Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCIES: This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, and methods and means related to taking of wildlife for subsistence uses during the 2020–21 and 2021–22 regulatory years. The Federal Subsistence Board is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This rule would also amend the general regulations on subsistence taking of fish and wildlife. DATES: Public meetings: The Federal Subsistence Regional Advisory Councils will hold public meetings to receive comments and make proposals to change this proposed rule on several dates between February 5 and March 12, 2019, 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 September 19 and November 5, 2019. The Board will discuss and evaluate proposed regulatory changes during a public meeting in Anchorage, AK, in April 2020. See SUPPLEMENTARY INFORMATION for specific information on dates and locations of the public meetings. SUMMARY: E:\FR\FM\31JAP1.SGM 31JAP1 624 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules Public comments: Comments and proposals to change this proposed rule must be received or postmarked by March 27, 2019. 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: http:// www.regulations.gov and search for FWS–R7–SM–2018–0015, which is the docket number for this rulemaking. • By hard copy: U.S. mail or handdelivery to: USFWS, Office of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo Matuskowitz, Anchorage, AK 99503– 6199, or hand delivery to the Designated Federal Official attending any of the Federal Subsistence Regional Advisory Council public meetings. See SUPPLEMENTARY INFORMATION for additional information on locations of the public meetings. We will post all comments on http:// 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: Thomas C.J. Doolittle, 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, khammond on DSKBBV9HB2PROD with PROPOSALS Region Region Region Region Region Region Region Region Region Region 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 part 242.1–28 and 50 CFR part 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; 1—Southeast Regional Council ................................................................ 2—Southcentral Regional Council ........................................................... 3—Kodiak/Aleutians Regional Council ................................................... 4—Bristol Bay Regional Council .............................................................. 5—Yukon–Kuskokwim Delta Regional Council ...................................... 6—Western Interior Regional Council ..................................................... 7—Seward Peninsula Regional Council .................................................. 8—Northwest Arctic Regional Council .................................................... 9—Eastern Interior Regional Council ...................................................... 10—North Slope Regional Council .......................................................... During April 2019, 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 VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 Public Review Process—Comments, Proposals, and Public Meetings The Councils have a substantial role in reviewing this proposed rule and making recommendations for the final rule. The Federal Subsistence Board, through the Councils, will hold public meetings on this proposed rule at the following locations in Alaska, on the following dates: Wrangell ................ Anchorage ............. Kodiak ................... Naknek .................. Bethel .................... Anchorage ............. Nome ..................... Kotzebue ............... Fairbanks ............... Utqiagvik ............... subsequent public comment period, written public comments will be accepted on the distributed proposals. The Board, through the Councils, will hold a second series of public meetings in September through November 2019, Region 1—Southeast Regional Council ................................................................ Region 2—Southcentral Regional Council ........................................................... • 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 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. Members are appointed by the Secretary of the Interior with the concurrence of the Secretary of Agriculture. February 12, 2019. February 26, 2019. February 21, 2019. February 12, 2019. March 12, 2019. February 20, 2019. March 5, 2019. February 27, 2019. March 5, 2019. February 13, 2019. to receive comments on specific proposals and to develop recommendations to the Board at the following locations in Alaska, on the following dates: Petersburg ............. Seward .................. E:\FR\FM\31JAP1.SGM October 8, 2019. October 2, 2019. 31JAP1 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules khammond on DSKBBV9HB2PROD with PROPOSALS Region Region Region Region Region Region Region Region 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 .......................................................... Prior to both series of meetings, notices will be published of specific dates, times, and meeting locations in local and statewide newspapers, along with announcements on radio, television and social media sites. Locations and dates may change based on weather or local circumstances. The amount of work on each Council’s agenda determines the length of each Council meeting, but typically the meetings are scheduled to last 2 days. Occasionally a Council will lack information necessary during a scheduled meeting to make a recommendation to the Board or to provide comments on other matters affecting subsistence in the region. If this situation occurs, the Council may announce on the record a later teleconference to address the specific issue when the requested information or data is available. These teleconferences are open to the public, along with opportunities for public comment; the date and time will be announced during the scheduled meeting and that same information will be announced through news releases and local radio, television, and social media ads. 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 2020. The Council Chairs, or their designated representatives, will present their respective Councils’ recommendations at the Board meeting. Additional oral testimony may be provided on specific proposals before the Board at that time. At that public meeting, the Board will deliberate and take final action on proposals received that request changes to this proposed rule. Proposals to the Board to modify the general fish and wildlife regulations, 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; VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 Kodiak ................... Dillingham ............ Bethel .................... Aniak ..................... Nome ..................... Kotzebue ............... Fairbanks ............... Utqiagvik ............... d. A statement explaining why each change is necessary; e. Proposed wording changes; and f. Any additional information that you believe will help the Board in evaluating the proposed change. The Board immediately rejects proposals that fail to include the above information, or proposals that are beyond the scope of authorities in § ll .24, subpart C (the regulations governing customary and traditional use determinations), and §§ ll.25 and ll.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 2020 meeting, the Board may defer review and action on some proposals to allow time for cooperative planning efforts, or to acquire additional needed information. The Board may elect to defer taking action on any given proposal if the workload of staff, Councils, or the Board becomes excessive. These deferrals may be based on recommendations by the affected Council(s) or staff members, or on the basis of the Board’s intention to do least harm to the subsistence user and the resource involved. A proponent of a proposal may withdraw the proposal provided it has not been considered, and a recommendation has not been made, by a Council. After that, the Board must approve withdrawal of a proposal. 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 http://www.regulations.gov, your entire comment, including any personal identifying information, will be posted on the website. 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. PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 625 September 19, 2019. November 5, 2019. October 12, 2019. October 8, 2019. October 22, 2019. October 28, 2019. October 15, 2019. October 22, 2019. We will post all hardcopy comments on http://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 http://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), at least 7 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 E:\FR\FM\31JAP1.SGM 31JAP1 626 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules an opportunity to consult on this proposed rule. The Board will engage in outreach efforts for this proposed rule, including a notification letter, to ensure that Tribes and Alaska Native corporations are advised of the mechanisms by which they can participate. The Board provides a variety of opportunities for consultation: Proposing changes to the existing rule; commenting on proposed changes to the existing rule; engaging in dialogue at 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. khammond on DSKBBV9HB2PROD with PROPOSALS Developing the 2020–21 and 2021–22 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 § ll.24 pertain to customary and traditional use determinations; the regulations at § ll.25 pertain to general provisions governing the subsistence take of wildlife, fish, and shellfish; and the regulations at § ll .26 pertain to specific provisions governing the subsistence take of wildlife. The text of the proposed amendments to 36 CFR parts 242.24, 242.25, and 242.26 and 50 CFR parts 100.24, 100.25, and 100.26 is the final rule for the 2018– 2020 regulatory period for wildlife (83 FR 50758; October 9, 2018). 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. VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 Compliance With Statutory and Regulatory Authorities National Environmental Policy Act A Draft Environmental Impact Statement that described four alternatives for developing a Federal Subsistence Management Program was distributed for public comment on October 7, 1991. The Final Environmental Impact Statement (FEIS) was published on February 28, 1992. The Record of Decision (ROD) on Subsistence Management for Federal Public Lands in Alaska was signed April 6, 1992. The selected alternative in the FEIS (Alternative IV) defined the administrative framework of an annual regulatory cycle for subsistence regulations. A 1997 environmental assessment dealt with the expansion of Federal jurisdiction over fisheries and is available at the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with concurrence of the Secretary of Agriculture, determined that expansion of Federal jurisdiction does not constitute a major Federal action significantly affecting the human environment and, therefore, signed a Finding of No Significant Impact. Section 810 of ANILCA An ANILCA § 810 analysis was completed as part of the FEIS process on the Federal Subsistence Management Program. The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. The final § 810 analysis determination appeared in the April 6, 1992, ROD and concluded that the Federal Subsistence Management Program, under Alternative IV with an annual process for setting subsistence regulations, may have some local impacts on subsistence uses, but will not likely restrict subsistence uses significantly. During the subsequent environmental assessment process for extending fisheries jurisdiction, an evaluation of the effects of this rulemaking process was conducted in accordance with § 810. That evaluation also supported the Secretaries’ determination that these rules will not reach the ‘‘may significantly restrict’’ threshold that would require notice and hearings under ANILCA § 810(a). PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 Paperwork Reduction Act (PRA) This proposed rule does not contain any new collections of information that require Office of Management and Budget (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. 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 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 value of $3.00 per pound, this amount would equate to about $6 million in food value statewide. Based upon the amounts and E:\FR\FM\31JAP1.SGM 31JAP1 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 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 for rural Alaskan residents 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 standards provided in §§ 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. khammond on DSKBBV9HB2PROD with PROPOSALS 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 Title VIII of ANILCA does not provide specific rights to tribes for the subsistence taking of wildlife, fish, and VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 shellfish. However, as described above under Tribal Consultation and Comment, the Secretaries, through the Board, will provide federally recognized Tribes and Alaska Native corporations an opportunity to consult on this proposed rule. Executive Order 13211 Drafting Information 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 2020– 21 and 2021–22 regulatory years. The text of the proposed amendments to 36 CFR 242.24, 242.25, and 242.26 and 50 CFR 100.24, 100.25, and 100.26 is the final rule for the 2018–2020 regulatory periods for wildlife (83 FR 50759; October 9, 2018). ■ Fmt 4702 BILLING CODE 3411–15–4333–15–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AQ47 Urgent Care Theo Matuskowitz drafted this proposed rule under the guidance of Thomas C.J. Doolittle, 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; • Clarence Summers, 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. Frm 00056 Dated: December 21, 2018. Thomas C.J. Doolittle, Acting Assistant Regional Director, U.S. Fish and Wildlife Service. Dated: December 21, 2018. Thomas Whitford, Subsistence Program Leader, USDA—Forest Service. [FR Doc. 2019–00424 Filed 1–30–19; 8:45 am] Executive Order 13211 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. PO 00000 627 Sfmt 4702 Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) is proposing to amend its regulations that govern VA health care. This rule would grant eligible veterans access to urgent care from qualifying non-VA entities or providers without prior approval from VA. This rulemaking would implement the mandates of the VA MISSION Act of 2018 and increase veterans’ access to health care in the community. DATES: Comments must be received on or before March 4, 2019. ADDRESSES: Written comments may be submitted through http:// www.Regulations.gov; by mail or handdelivery to: Director, Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue, North West, Room 1063B, Washington, DC 20420; or by fax to (202) 273–9026. (This is not a toll-free telephone number.) Comments should indicate that they are submitted in response to ‘‘RIN 2900–AQ47 Urgent Care.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. (This is not a toll-free telephone number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at http://www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Joseph Duran, Director of Policy and Planning. 3773 Cherry Creek North Drive, Denver, CO 80209. Joseph.Duran2@va.gov. (303) 370–1637. (This is not a toll-free number.) SUMMARY: E:\FR\FM\31JAP1.SGM 31JAP1

Agencies

[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Proposed Rules]
[Pages 623-627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00424]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2018-0015; FXFR13350700640-190-FF07J00000; 
FBMS#4500129154]
RIN 1018-BD11


Subsistence Management Regulations for Public Lands in Alaska--
2020-21 and 2021-22 Subsistence Taking of Wildlife Regulations

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would establish regulations for hunting and 
trapping seasons, harvest limits, and methods and means related to 
taking of wildlife for subsistence uses during the 2020-21 and 2021-22 
regulatory years. The Federal Subsistence Board is on a schedule of 
completing the process of revising subsistence taking of wildlife 
regulations in even-numbered years and subsistence taking of fish and 
shellfish regulations in odd-numbered years; public proposal and review 
processes take place during the preceding year. The Board also 
addresses customary and traditional use determinations during the 
applicable cycle. When final, the resulting rulemaking will replace the 
existing subsistence wildlife taking regulations. This rule would also 
amend the general regulations on subsistence taking of fish and 
wildlife.

DATES: 
    Public meetings: The Federal Subsistence Regional Advisory Councils 
will hold public meetings to receive comments and make proposals to 
change this proposed rule on several dates between February 5 and March 
12, 2019, 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 September 19 and November 5, 2019. The Board will discuss and 
evaluate proposed regulatory changes during a public meeting in 
Anchorage, AK, in April 2020. See SUPPLEMENTARY INFORMATION for 
specific information on dates and locations of the public meetings.

[[Page 624]]

    Public comments: Comments and proposals to change this proposed 
rule must be received or postmarked by March 27, 2019.

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: 
http://www.regulations.gov and search for FWS-R7-SM-2018-0015, which is 
the docket number for this rulemaking.
     By hard copy: U.S. mail or hand-delivery to: USFWS, Office 
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo 
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the 
Designated Federal Official attending any of the Federal Subsistence 
Regional Advisory Council public meetings. See SUPPLEMENTARY 
INFORMATION for additional information on locations of the public 
meetings.
    We will post all comments on http://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: Thomas C.J. Doolittle, 
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.

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 part 242.1-28 and 
50 CFR part 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 
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. Members are appointed by the 
Secretary of the Interior with the concurrence of the Secretary of 
Agriculture.

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

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

 
 
 
Region 1--Southeast Regional      Wrangell..........  February 12, 2019.
 Council.
Region 2--Southcentral Regional   Anchorage.........  February 26, 2019.
 Council.
Region 3--Kodiak/Aleutians        Kodiak............  February 21, 2019.
 Regional Council.
Region 4--Bristol Bay Regional    Naknek............  February 12, 2019.
 Council.
Region 5--Yukon-Kuskokwim Delta   Bethel............  March 12, 2019.
 Regional Council.
Region 6--Western Interior        Anchorage.........  February 20, 2019.
 Regional Council.
Region 7--Seward Peninsula        Nome..............  March 5, 2019.
 Regional Council.
Region 8--Northwest Arctic        Kotzebue..........  February 27, 2019.
 Regional Council.
Region 9--Eastern Interior        Fairbanks.........  March 5, 2019.
 Regional Council.
Region 10--North Slope Regional   Utqiagvik.........  February 13, 2019.
 Council.
 

    During April 2019, 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 Councils, will hold a second series of 
public meetings in September through November 2019, 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      Petersburg........  October 8, 2019.
 Council.
Region 2--Southcentral Regional   Seward............  October 2, 2019.
 Council.

[[Page 625]]

 
Region 3--Kodiak/Aleutians        Kodiak............  September 19,
 Regional Council.                                     2019.
Region 4--Bristol Bay Regional    Dillingham........  November 5, 2019.
 Council.
Region 5--Yukon-Kuskokwim Delta   Bethel............  October 12, 2019.
 Regional Council.
Region 6--Western Interior        Aniak.............  October 8, 2019.
 Regional Council.
Region 7--Seward Peninsula        Nome..............  October 22, 2019.
 Regional Council.
Region 8--Northwest Arctic        Kotzebue..........  October 28, 2019.
 Regional Council.
Region 9--Eastern Interior        Fairbanks.........  October 15, 2019.
 Regional Council.
Region 10--North Slope Regional   Utqiagvik.........  October 22, 2019.
 Council.
 

    Prior to both series of meetings, notices will be published of 
specific dates, times, and meeting locations in local and statewide 
newspapers, along with announcements on radio, television and social 
media sites. Locations and dates may change based on weather or local 
circumstances. The amount of work on each Council's agenda determines 
the length of each Council meeting, but typically the meetings are 
scheduled to last 2 days. Occasionally a Council will lack information 
necessary during a scheduled meeting to make a recommendation to the 
Board or to provide comments on other matters affecting subsistence in 
the region. If this situation occurs, the Council may announce on the 
record a later teleconference to address the specific issue when the 
requested information or data is available. These teleconferences are 
open to the public, along with opportunities for public comment; the 
date and time will be announced during the scheduled meeting and that 
same information will be announced through news releases and local 
radio, television, and social media ads.
    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 2020. The Council Chairs, or 
their designated representatives, will present their respective 
Councils' recommendations at the Board meeting. Additional oral 
testimony may be provided on specific proposals before the Board at 
that time. At that public meeting, the Board will deliberate and take 
final action on proposals received that request changes to this 
proposed rule.
    Proposals to the Board to modify the general fish and wildlife 
regulations, 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 2020 meeting, the 
Board may defer review and action on some proposals to allow time for 
cooperative planning efforts, or to acquire additional needed 
information. The Board may elect to defer taking action on any given 
proposal if the workload of staff, Councils, or the Board becomes 
excessive. These deferrals may be based on recommendations by the 
affected Council(s) or staff members, or on the basis of the Board's 
intention to do least harm to the subsistence user and the resource 
involved. A proponent of a proposal may withdraw the proposal provided 
it has not been considered, and a recommendation has not been made, by 
a Council. After that, the Board must approve withdrawal of a proposal. 
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 http://www.regulations.gov, your entire comment, 
including any personal identifying information, will be posted on the 
website. 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 http://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 http://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), at least 7 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

[[Page 626]]

an opportunity to consult on this proposed rule.
    The Board will engage in outreach efforts for this proposed rule, 
including a notification letter, to ensure that Tribes and Alaska 
Native corporations are advised of the mechanisms by which they can 
participate. The Board provides a variety of opportunities for 
consultation: Proposing changes to the existing rule; commenting on 
proposed changes to the existing rule; engaging in dialogue at 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 2020-21 and 2021-22 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 the proposed amendments to 36 CFR parts 242.24, 242.25, 
and 242.26 and 50 CFR parts 100.24, 100.25, and 100.26 is the final 
rule for the 2018-2020 regulatory period for wildlife (83 FR 50758; 
October 9, 2018).
    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 
rulemaking process was conducted in accordance with Sec.  810. That 
evaluation also supported the Secretaries' determination that these 
rules will not reach the ``may significantly restrict'' threshold that 
would require notice and hearings under ANILCA Sec.  810(a).

Paperwork Reduction Act (PRA)

    This proposed rule does not contain any new collections of 
information that require Office of Management and Budget (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. 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 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 value of $3.00 per pound, 
this amount would equate to about $6 million in food value statewide. 
Based upon the amounts and

[[Page 627]]

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 for rural Alaskan residents 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 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

    Title VIII of ANILCA does not provide specific rights to tribes for 
the subsistence taking of wildlife, fish, and shellfish. However, as 
described above under Tribal Consultation and Comment, the Secretaries, 
through the Board, will provide federally recognized Tribes and Alaska 
Native corporations an opportunity to consult on this proposed rule.

Executive Order 13211

    Executive Order 13211 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 this proposed rule under the guidance of 
Thomas C.J. Doolittle, 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;
     Clarence Summers, 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.

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 
2020-21 and 2021-22 regulatory years.

0
The text of the proposed amendments to 36 CFR 242.24, 242.25, and 
242.26 and 50 CFR 100.24, 100.25, and 100.26 is the final rule for the 
2018-2020 regulatory periods for wildlife (83 FR 50759; October 9, 
2018).

    Dated: December 21, 2018.
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
    Dated: December 21, 2018.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2019-00424 Filed 1-30-19; 8:45 am]
 BILLING CODE 3411-15-4333-15-P