Subsistence Management Regulations for Public Lands in Alaska-2021-22 and 2022-23 Subsistence Taking of Fish and Shellfish Regulations, 9430-9435 [2020-03306]
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Proposed Rules
conditions appear in the error trade rules
proposed today, and under the proposal SEFs
will no longer have any obligation to
determine whether a trade is an error trade—
the determination can instead be left entirely
to the parties to the trade. I look forward to
comments regarding whether this
‘‘principles-based’’ approach goes too far and
fails to give market participants sufficient
clarity regarding error trades.
I support targeted, thoughtful reform of our
SEF regulations, and I particularly applaud
staff’s efforts to provide market participants
with greater legal certainty through the
codification of our existing no-action relief.
I look forward to the comments.
Appendix 4—Statement of
Commissioner Dan M. Berkovitz
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I am voting in favor of today’s proposed
rule that would amend certain Commission
rules in parts 36, 37, and 43 relating to
package transactions, block trades, and error
transactions on swap execution facilities
(‘‘SEFs’’) (‘‘Proposal’’). Today’s amendments
largely codify longstanding no-action letters
for limited categories of swaps transactions
regarding the required methods of execution.
Generally, I support the codification of noaction letters where, based on experience,
doing so is consistent with our statutory
mandate, protects customers, provides
market participants with a greater level of
certainty, and promotes market integrity.
Package Transactions
This Proposal would amend part 37 to
allow the swap components of certain
package transactions—including those that
are illiquid and bespoke and therefore not
suitable for trading on-SEF—to be executed
on-SEF but through flexible methods of
execution. In addition, the Proposal amends
part 36 to exempt from the trade execution
requirement a swap in a package transaction
involving a bond sold in the primary market
(‘‘new issuance bond transaction’’), which
also is not conducive to trading on-SEF.
Beginning in 2014, the Commission issued
a series of no-action letters specifying
permissible methods of execution for certain
package transactions, which have enabled
market participants and the agency to apply
the trading mandate to these transactions in
a phased manner. As the market
infrastructure for the trading and clearing of
swaps has improved, the trading mandate has
been applied to the packages involving more
liquid and standardized swap components.1
The remaining package transactions that
would be covered by today’s Proposal
represent a small percentage of swaps trading
on the most active SEFs.
I encourage the industry to continue to
develop systems that allow for increased
execution of package trade swap components
on-SEF. I also appreciate the Staff’s
commitment, if this rule is finalized, to
continue to evaluate the categories of package
transactions subject to the rule and revise the
rule as necessary in the future to reflect
developments in trading methodologies.
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The Proposal also would amend part 37 to
enable SEFs to permit market participants to
use flexible methods of execution to correct
error trades, and would require a SEF to
establish error trade policies that largely
track the conditions set forth in prior noaction letters. Notably, the Proposal would
require market participants to provide
prompt notice of an error trade to the SEF,
enabling the SEF to fulfill its self-regulatory
obligations. It would not alter the
requirement that SEFs must adopt rules
declaring that trades rejected from clearing
are deemed void ab initio. The Proposal also
includes the requirement under CFTC NoAction Letter No. 17–27 that after submitting
one error trade, market participants will not
be able to submit a second new trade with
the original terms. These conditions facilitate
a SEF’s direct supervision of its markets,
protect against abuse, and promote fair
competition.
Block Trades
The Proposal would revise the definition of
‘‘block trade’’ in Commission Regulation 43.2
to permit SEFs to offer non-Order Book
methods of execution for market participants
to execute swap block trades on-SEF. Like
package transactions, block trades
encompassed within the Proposal are a small
percentage of the number of swaps traded. A
significant benefit of this Proposal is that it
would facilitate pre-trade credit checks by
SEFs for block trades, in accordance with the
SEF core principles.
It is my preliminary view that this Proposal
would provide certainty to market
participants and increase trading efficiencies,
while not compromising the Congressional
goal of moving standardized OTC derivative
contracts to exchanges or electronic trading
platforms. I look forward to public comments
on the anticipated effects of these
amendments, and I thank the staff of the
Division of Market Oversight for their work
on this Proposal.
[FR Doc. 2020–02721 Filed 2–18–20; 8:45 am]
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Forest Service
36 CFR Part 242
Error Trades
1 For example, U.S. Dollar Spreadover package
transactions account for nearly seventy percent of
interest rate swaps trading in the inter-dealer swap
market. No-action letters for these package
transactions have expired and market participants
now actively trade the swap component of these
packages through required methods of trading. See
Proposed Rule, Sect. II.A.1 and n.33.
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DEPARTMENT OF AGRICULTURE
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS–R7–SM–2019–0092;
FXFR13350700640–201–FF07J00000]
RIN 1018–BE36
Subsistence Management Regulations
for Public Lands in Alaska—2021–22
and 2022–23 Subsistence Taking of
Fish and Shellfish Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
establish regulations for fish and
shellfish seasons, harvest limits,
methods, and means related to taking of
fish and shellfish for subsistence uses
during the 2021–2022 and 2022–2023
regulatory years. The Federal
Subsistence Board (Board) is on a
schedule of completing the process of
revising subsistence taking of fish and
shellfish regulations in odd-numbered
years and subsistence taking of wildlife
regulations in even-numbered years;
public proposal and review processes
take place during the preceding year.
The Board also addresses customary and
traditional use determinations during
the applicable cycle. When final, the
resulting rulemaking will replace the
existing subsistence fish and shellfish
taking regulations. This proposed rule
could 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 March 2
through March 26, 2020, and will hold
another round of public meetings to
discuss and receive comments on the
proposals, and make recommendations
on the proposals to the Federal
Subsistence Board, on several dates
between August 18 and November 3,
2020. The Board will discuss and
evaluate proposed regulatory changes
during a public meeting in Anchorage,
AK, in January 2021. See
SUPPLEMENTARY INFORMATION for specific
information on dates and locations of
the public meetings.
SUMMARY:
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Public comments: Comments and
proposals to change this proposed rule
must be received or postmarked by
April 20, 2020.
ADDRESSES:
Public meetings: The Federal
Subsistence Board and the Federal
Subsistence Regional Advisory
Councils’ public meetings are held at
various locations in Alaska. See
SUPPLEMENTARY INFORMATION for specific
information on dates and locations of
the public meetings.
Public comments: You may submit
comments by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
FWS–R7–SM–2019–0092, which is the
docket number for this rulemaking.
• By hard copy: U.S. mail or handdelivery to: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503–
6199, or hand delivery to the Designated
Federal Official attending any of the
Federal Subsistence Regional Advisory
Council public meetings. See
SUPPLEMENTARY INFORMATION for
additional information on locations of
the public meetings.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Review Process section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: 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.
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SUPPLEMENTARY INFORMATION:
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
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 (hereafter
referred to as ‘‘the Secretaries’’) jointly
implement the Federal Subsistence
Management Program (hereafter referred
to as ‘‘the Program’’). The Program
provides a preference for take of fish
and wildlife resources for subsistence
uses on Federal public lands and waters
in Alaska. Only Alaska residents of
areas identified as rural are eligible to
participate in the Program. The
Secretaries published temporary
regulations to carry out the Program in
the Federal Register on June 29, 1990
(55 FR 27114), and final regulations on
May 29, 1992 (57 FR 22940). Program
officials have subsequently amended
these regulations a number of times.
Because the Program is a joint effort
between the Departments of the Interior
and Agriculture, these regulations are
located in two titles of the Code of
Federal Regulations (CFR): The
Agriculture regulations are at title 36,
‘‘Parks, Forests, and Public Property,’’
and the Interior regulations are at title
50, ‘‘Wildlife and Fisheries,’’ at 36 CFR
242.1–28 and 50 CFR 100.1–28,
respectively. Consequently, to indicate
that identical changes are proposed for
regulations in both titles 36 and 50, in
this document we will present
references to specific sections of the
CFR as shown in the following example:
§ __.24.
The Program 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 Program. The Board comprises:
• A Chair appointed by the Secretary
of the Interior with concurrence of the
Secretary of Agriculture;
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 2020, the written
proposals to change the regulations at
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• 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, U.S.
Forest Service; and
• Two public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture.
Through the Board, these agencies and
public members participate in the
development of regulations for subparts
C and D. Subpart C sets forth important
Board determinations regarding program
eligibility, i.e., which areas of Alaska are
considered rural and which species are
harvested in those areas as part of a
‘‘customary and traditional use’’ for
subsistence purposes. Subpart D sets
forth specific harvest seasons and limits.
In administering the Program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Regional
Advisory Council. The Regional
Advisory Councils provide a forum for
rural residents with personal knowledge
of local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Federal public lands in
Alaska. The Regional Advisory Council
members represent varied geographical,
cultural, and user interests within each
region.
Public Review Process—Comments,
Proposals, and Public Meetings
The Federal Subsistence Regional
Advisory Councils will have a
substantial role in reviewing this
proposed rule and making
recommendations for the final rule. The
Federal Subsistence Board, through the
Federal Subsistence Regional Advisory
Councils, will hold public meetings on
this proposed rule at the following
locations in Alaska, on the following
dates:
Juneau ................................
Anchorage ..........................
Kodiak .................................
Naknek ................................
Bethel ..................................
Fairbanks ............................
Nome ..................................
Anchorage ..........................
Fairbanks ............................
Utqiagvik .............................
subpart D, take of fish and shellfish, and
subpart C, customary and traditional use
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March
March
March
March
March
March
March
March
March
March
24, 2020.
4, 2020.
19, 2020.
10, 2020.
16, 2020.
2, 2020.
11, 2020.
16, 2020.
3, 2020.
23, 2020.
determinations, will be compiled and
distributed for public review. Written
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public comments will be accepted on
the distributed proposals during a
second 30-day public comment period.
The Board, through the Regional
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Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
Advisory Councils, will hold a second
series of public meetings in August
through November 2020, to receive
comments on specific proposals and to
1—Southeast Regional Council ........................................................................
2—Southcentral Regional Council ....................................................................
3—Kodiak/Aleutians Regional Council .............................................................
4—Bristol Bay Regional Council .......................................................................
5—Yukon–Kuskokwim Delta Regional Council ................................................
6—Western Interior Regional Council ..............................................................
7—Seward Peninsula Regional Council ...........................................................
8—Northwest Arctic Regional Council ..............................................................
9—Eastern Interior Regional Council ...............................................................
10—North Slope Regional Council ...................................................................
A notice will be published of specific
dates, times, and meeting locations in
local and statewide newspapers prior to
both series of meetings. Locations and
dates may change based on weather or
local circumstances. The amount of
work on each Regional Advisory
Council’s agenda determines the length
of each Regional Advisory 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; it is noted that any
follow-up teleconference would be an
exception and must be approved, in
advance, by the Assistant Regional
Director for the Office of Subsistence
Management. 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 January 2021.
The Federal Subsistence Regional
Advisory Council Chairs, or their
designated representatives, will present
their respective Councils’
recommendations at the Board meeting.
Additional oral testimony may be
provided on specific proposals before
the Board at that time. At that public
meeting, the Board will deliberate and
take final action on proposals received
that request changes to this proposed
rule.
Proposals to the Board to modify the
general fish and wildlife regulations,
fish and shellfish harvest regulations,
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Sitka ....................................
Anchorage ..........................
Cold Bay .............................
Dillingham ...........................
St. Mary’s ............................
Aniak ...................................
Nome ..................................
Kotzebue .............................
Fairbanks ............................
Point Hope ..........................
and customary and traditional use
determinations must include the
following information:
a. Name, address, and telephone
number of the requestor;
b. Each section and/or paragraph
designation in this proposed rule for
which changes are suggested, if
applicable;
c. A description of the regulatory
change(s) desired;
d. A statement explaining why each
change is necessary;
e. Proposed wording changes; and
f. Any additional information that you
believe will help the Board in
evaluating the proposed change.
The Board immediately rejects
proposals that fail to include the above
information, or proposals that are
beyond the scope of authorities in § __
.24, subpart C (the regulations governing
customary and traditional use
determinations), and §§ __.25, __.27,
and __.28 of subpart D (the general and
specific regulations governing the
subsistence take of fish and shellfish). 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 a proposal is distributed for
public review, no additional changes
may be made as part of the original
submission. During the January 2021
meeting, the Board may defer review
and action on some proposals to allow
time for cooperative planning efforts, or
to acquire additional needed
information. The Board may elect to
defer taking action on any given
proposal if the workload of staff,
Regional Advisory Councils, or the
Board becomes excessive. These
deferrals may be based on
recommendations by the affected
Regional Advisory Council(s) or staff
members, or on the basis of the Board’s
intention to do least harm to the
subsistence user and the resource
involved. A proponent of a proposal
may withdraw the proposal provided it
has not been considered, and a
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develop recommendations to the Board
at the following locations in Alaska, on
the following dates:
October 20, 2020.
October 7, 2020.
September 10, 2020.
October 28, 2020.
September 22, 2020.
October 14, 2020.
October 28, 2020.
November 3, 2020.
October 14, 2020.
August 18, 2020.
recommendation has not been made, by
a Regional Advisory Council. The Board
may consider and act on alternatives
that address the intent of a proposal
while differing in approach.
You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. If you submit a comment via
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the 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
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov at Docket
No. FWS–R7–SM–2019–0092, 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 Caron
McKee, 907–786–3880, subsistence@
fws.gov, or 800–877–8339 (TTY), seven
business days prior to the meeting you
would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’ the
Federal officials that have been
delegated authority by the Secretaries
are committed to honoring the unique
government-to-government political
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relationship that exists between the
Federal Government and Federally
Recognized Indian Tribes (Tribes) as
listed in 82 FR 4915 (January 17, 2017).
Consultation with Alaska Native
corporations is based on Public Law
108–199, div. H, Sec. 161, Jan. 23, 2004,
118 Stat. 452, as amended by Public
Law 108–447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Alaska National Interest Lands
Conservation Act does not provide
specific rights to Tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, because tribal
members are affected by subsistence
fishing, hunting, and trapping
regulations, the Secretaries, through the
Board, will provide Federally
recognized Tribes and Alaska Native
corporations an opportunity to consult
on this proposed rule.
The Board will engage in outreach
efforts for this proposed rule, including
a notification letter, to ensure that
Tribes and Alaska Native corporations
are advised of the mechanisms by which
they can participate. The Board
provides a variety of opportunities for
consultation: Proposing changes to the
existing rule; commenting on proposed
changes to the existing rule; engaging in
dialogue at the Regional Council
meetings; engaging in dialogue at the
Board’s meetings; and providing input
in person, by mail, email, or phone at
any time during the rulemaking process.
The Board will commit to efficiently
and adequately providing an
opportunity to Tribes and Alaska Native
corporations for consultation in regard
to subsistence rulemaking.
The Board will consider Tribes’ and
Alaska Native corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
determinations during the applicable
cycle.
The current subsistence program
regulations form the starting point for
consideration during each new
rulemaking cycle. Consequently, in this
rulemaking action pertaining to fish and
shellfish, the Board will consider
proposals to revise the regulations in
any of the following sections of titles 36
and 50 of the CFR:
• § __.24: customary and traditional
use determinations;
• § __.25: general provisions
governing the subsistence take of
wildlife, fish, and shellfish;
• § __.27: specific provisions
governing the subsistence take of fish;
and
• § __.28: specific provisions
governing the subsistence take of
shellfish.
As such, the text of the proposed 2021–
23 subparts C and D subsistence
regulations in titles 36 and 50 is the
combined text of previously issued rules
that revised these sections of the
regulations. The following Federal
Register citations show when these CFR
sections were last revised. Therefore,
the regulations established by these
three final rules constitute the text of
this proposed rule:
The text of the proposed amendments
to 36 CFR 242.24 and 242.27 and 50
CFR 100.24 and 100.27 is the final rule
for the 2019–2021 regulatory period for
fish (84 FR 39744; August 12, 2019).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2018–20 regulatory
period for wildlife (83 FR 50758;
October 9, 2018).
The text of the proposed amendments
to 36 CFR 242.28 and 50 CFR 100.28 is
the final rule for the 2011–13 regulatory
period for fish and shellfish (76 FR
12564; March 8, 2011).
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 and a final rule is
published.
Developing the 2021–22 and 2022–23
Fish and Shellfish Seasons and Harvest
Limit Proposed Regulations
Compliance With Statutory and
Regulatory Authorities
In titles 36 and 50 of the CFR, the
subparts C and D regulations are subject
to periodic review and revision. The
Board currently completes the process
of revising subsistence take of fish and
shellfish regulations in odd-numbered
years and wildlife regulations in evennumbered years; public proposal and
review processes take place during the
preceding year. The Board also
addresses customary and traditional use
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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
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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 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 Federal Subsistence
Management Program, under
Alternative IV with an annual process
for setting subsistence regulations, may
have some local impacts on subsistence
uses, but will not likely restrict
subsistence uses significantly.
During the subsequent environmental
assessment process for extending
fisheries jurisdiction, an evaluation of
the effects of the subsistence program
regulations was conducted in
accordance with section 810. That
evaluation also supported the
Secretaries’ determination that the
regulations will not reach the ‘‘may
significantly restrict’’ threshold that
would require notice and hearings
under ANILCA section 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 under the PRA
(44 U.S.C. 3501 et seq.). OMB has
reviewed and approved the collections
of information associated with the
subsistence regulations at 36 CFR part
242 and 50 CFR part 100, and assigned
OMB Control Number 1018–0075
(expires January 31, 2020, and, in
accordance with 5 CFR 1320.10, the
Service may continue to sponsor the
collection while the renewal is pending
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at OMB). We 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.
9339, February 3, 2017) regulatory
action because this rule is not
significant under E.O. 12866.
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 proposed rule in a manner
consistent with these requirements.
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.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
preparation of flexibility analyses for
rules that will have a significant effect
on a substantial number of small
entities, which include small
businesses, organizations, or
governmental jurisdictions. In general,
the resources to be harvested under this
proposed rule are already being
harvested and consumed by the local
harvester and do not result in an
additional dollar benefit to the
economy. However, we estimate that
two million pounds of meat are
harvested by subsistence users annually
and, if given an estimated dollar value
of $3.00 per pound, this amount would
equate to about $6 million in food value
statewide. Based upon the amounts and
values cited above, the Departments
certify that this rulemaking will not
have a significant economic effect on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Executive Order 13771
This rule is not an Executive Order
(E.O.) 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’) (82 FR
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Small Business Regulatory Enforcement
Fairness Act
Executive Order 12630
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, these
proposed regulations have no potential
takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this rulemaking will not
impose a cost of $100 million or more
in any given year on local or State
governments or private entities. The
implementation of this rule is by
Federal agencies and there is no cost
imposed on any State or local entities or
tribal governments.
Executive Order 12988
The Secretaries have determined that
these regulations meet the applicable
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 proposed rule does not have
sufficient Federalism implications to
warrant the preparation of a Federalism
Assessment. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on Federal
lands unless it meets certain
requirements.
Executive Order 13175
The Alaska National Interest Lands
Conservation Act, Title VIII, does not
provide specific rights to tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, the Secretaries,
through the Board, will provide
Federally recognized Tribes and Alaska
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
Native corporations an opportunity to
consult on this proposed rule.
Consultations with Alaska Native
corporations are based on Public Law
108–199, div. H, Sec. 161, Jan. 23, 2004,
118 Stat. 452, as amended by Public
Law 108–447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Secretaries, through the Board,
will provide a variety of opportunities
for consultation: Commenting on
proposed changes to the existing rule;
engaging in dialogue at the Regional
Council meetings; engaging in dialogue
at the Board’s meetings; and providing
input in person, by mail, email, or
phone at any time during the
rulemaking process.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed rule is
not a significant regulatory action under
E.O. 13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
Drafting Information
Theo Matuskowitz drafted this
proposed rule under the guidance of
Thomas C.J. Doolittle of the Office of
Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional
assistance was provided by:
• Bruce Seppi, Alaska State Office,
Bureau of Land Management;
• Joshua Ream, 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.
E:\FR\FM\19FEP1.SGM
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Federal Register / Vol. 85, No. 33 / Wednesday, February 19, 2020 / Proposed Rules
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 2021–
22 and 2022–23 regulatory years.
The text of the proposed amendments
to 36 CFR 242.24 and 242.27 and 50
CFR 100.24 and 100.27 is the final rule
for the 2019–2021 regulatory period for
fish (84 FR 39744; August 12, 2019).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2018–20 regulatory
period for wildlife (83 FR 50758;
October 9, 2018).
The text of the proposed amendments
to 36 CFR 242.28 and 50 CFR 100.28 is
the final rule for the 2011–13 regulatory
period for fish and shellfish (76 FR
12564; March 8, 2011).
■
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish
and Wildlife Service.
Thomas Whitford,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. 2020–03306 Filed 2–14–20; 4:15 pm]
BILLING CODE 4333–15–P 3411–15–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 1 and 14
RIN 2900–Q81
Individuals Accredited by the
Department of Veterans Affairs Using
Veterans Benefits Administration
Information Technology Systems To
Access VBA Records Relevant to a
Claim While Representing a Claimant
Before the Agency
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its
regulations addressing when VA will
allow individuals and organizations
who are assisting claimants in the
preparation, presentation, and
prosecution of their claims before VA to
use Veterans Benefits Administration’s
(VBA) information technology (IT)
systems to access VA records relevant to
a claim. This rulemaking addresses who
is permitted, and under what
circumstances, to directly access VA’s
claim records through those IT systems
during representation of a VA claimant
in a claim for VA benefits, but is not
intended to address the larger issues
involving who may access VA records
more generally.
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
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Further, the proposed amendments
would outline appropriate behavior
while using VBA’s IT systems to access
VA records and the consequences of
mishandling such access for attorneys,
agents, or representatives of a VArecognized service organization.
DATES: VA must receive comments on or
before April 20, 2020.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to: Director, Office of
Regulation Policy and Management
(00REG), Department of Veterans
Affairs, 810 Vermont Ave. NW, Room
1064, 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–AQ81—
Individuals Accredited by the
Department of Veterans Affairs Using
Veterans Benefits Administration
Information Technology Systems to
Access VBA Records Relevant to a
Claim While Representing a Claimant
Before the Agency.’’
All comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1064, between the
hours of 8:00 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,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Glen
Wallick, Senior Management and
Program Analyst, Appeals Management
Office, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington,
DC 20420, 202–530–9408 (this is not a
toll-free number).
SUPPLEMENTARY INFORMATION: This
proposed rule would amend 38 CFR
parts 1 and 14 to clarify one of the
methods that an individual providing
representation on a claim may use to
access a claimant’s records now that VA
has transitioned to primarily using
electronic records relevant to a claim for
VA benefits. Specifically, this proposed
rule clarifies how attorneys, agents, or
representatives of a VA-recognized
service organization who are accredited
pursuant to 38 CFR 14.629, as well as
designated to provide representation in
a claim pursuant to 38 CFR 14.631, may
access records relevant to their client’s
claim through VBA’s IT systems. The
purpose of this rulemaking is to ensure
that claimants for VA benefits receive
responsible, qualified services from VA-
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Fmt 4702
Sfmt 4702
9435
accredited attorneys, agents, or
representatives of a VA-recognized
service organization when seeking VA
benefits, including ensuring that those
individuals providing representation
have appropriate access to VA records
relating to their client’s claim; that VA
claimants understand who may access
their claim records when they designate
an attorney, agent or service
organization to provide representation;
that attorneys, agents, or representatives
of a VA-recognized service organization
before VA take care to adequately
protect their client’s privacy; and that
VA meets its IT security obligations
while providing access to its
information systems to individuals who
are not VA employees or contractors
(non-VA users). The statutory authority
for proposed §§ 1.600 through 1.603 is
38 U.S.C. 5721 through 5728. Because
the ‘‘security of Department information
and information systems is vital to the
success of the mission of the
Department,’’ it is statutorily mandated
that VA ‘‘establish and maintain a
comprehensive Department-wide
information security program to provide
for the development and maintenance of
cost-effective security controls needed
to protect Department information, in
any media or format, and Department
information systems.’’ 38 U.S.C. 5722(a).
In establishing its Department-wide
information security program, Congress
has entrusted to the VA information
owners that oversee the system or
systems to ‘‘determin[e] who has access
to the system or systems containing
sensitive personal information,
including types of privileges and access
rights.’’ 38 U.S.C. 5723(d)(2).
Veteran and claimant information
may be closely associated, such as when
the Veteran is also the claimant, but not
all claimants before VA are Veterans,
such as a Veteran’s surviving spouse or
child who may be entitled to VA
benefits in some circumstances. These
non-Veteran dependent claimants may
file benefit claims under the claim
number VA assigned to the Veteran
whose military service renders them
potentially eligible for benefits.
Accordingly, this proposed rule
addresses the requirements for IT
systems access regardless of whether the
representation is in a claim for VA
benefits submitted by a Veteran,
survivor, or family member, provided
that the claim record is maintained
electronically in a system that is
configured for external access.
Under 38 U.S.C. 5701(a) and (b),
‘‘files, records, reports, and other papers
and documents pertaining to any claim’’
before VA are generally ‘‘confidential
and privileged,’’ but VA ‘‘shall make
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]]>Agencies
[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Proposed Rules]
[Pages 9430-9435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03306]
=======================================================================
-----------------------------------------------------------------------
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-2019-0092; FXFR13350700640-201-FF07J00000]
RIN 1018-BE36
Subsistence Management Regulations for Public Lands in Alaska--
2021-22 and 2022-23 Subsistence Taking of Fish and Shellfish
Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for fish and
shellfish seasons, harvest limits, methods, and means related to taking
of fish and shellfish for subsistence uses during the 2021-2022 and
2022-2023 regulatory years. The Federal Subsistence Board (Board) is on
a schedule of completing the process of revising subsistence taking of
fish and shellfish regulations in odd-numbered years and subsistence
taking of wildlife regulations in even-numbered years; public proposal
and review processes take place during the preceding year. The Board
also addresses customary and traditional use determinations during the
applicable cycle. When final, the resulting rulemaking will replace the
existing subsistence fish and shellfish taking regulations. This
proposed rule could 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 March 2 through March 26, 2020, and will hold
another round of public meetings to discuss and receive comments on the
proposals, and make recommendations on the proposals to the Federal
Subsistence Board, on several dates between August 18 and November 3,
2020. The Board will discuss and evaluate proposed regulatory changes
during a public meeting in Anchorage, AK, in January 2021. See
SUPPLEMENTARY INFORMATION for specific information on dates and
locations of the public meetings.
[[Page 9431]]
Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by April 20, 2020.
ADDRESSES:
Public meetings: The Federal Subsistence Board and the Federal
Subsistence Regional Advisory Councils' public meetings are held at
various locations in Alaska. See SUPPLEMENTARY INFORMATION for specific
information on dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov and search for FWS-R7-SM-2019-0092, which is
the docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the
Designated Federal Official attending any of the Federal Subsistence
Regional Advisory Council public meetings. See SUPPLEMENTARY
INFORMATION for additional information on locations of the public
meetings.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Review Process section below for more information).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas C. J. Doolittle,
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 (hereafter referred to as ``the
Secretaries'') jointly implement the Federal Subsistence Management
Program (hereafter referred to as ``the Program''). The Program
provides a preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. Only
Alaska residents of areas identified as rural are eligible to
participate in the Program. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
22940). Program officials have subsequently amended these regulations a
number of times.
Because the Program is a joint effort between the Departments of
the Interior and Agriculture, these regulations are located in two
titles of the Code of Federal Regulations (CFR): The Agriculture
regulations are at title 36, ``Parks, Forests, and Public Property,''
and the Interior regulations are at title 50, ``Wildlife and
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively.
Consequently, to indicate that identical changes are proposed for
regulations in both titles 36 and 50, in this document we will present
references to specific sections of the CFR as shown in the following
example: Sec. __.24.
The Program 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 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, U.S. Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in the
development of regulations for subparts C and D. Subpart C sets forth
important Board determinations regarding program eligibility, i.e.,
which areas of Alaska are considered rural and which species are
harvested in those areas as part of a ``customary and traditional use''
for subsistence purposes. Subpart D sets forth specific harvest seasons
and limits.
In administering the Program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Advisory Council. The Regional Advisory Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Regional Advisory Council members represent varied geographical,
cultural, and user interests within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Federal Subsistence Regional Advisory Councils will have a
substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Federal Subsistence Regional Advisory Councils, will hold
public meetings on this proposed rule at the following locations in
Alaska, on the following dates:
Region 1--Southeast Regional Council.... Juneau................... March 24, 2020.
Region 2--Southcentral Regional Council. Anchorage................ March 4, 2020.
Region 3--Kodiak/Aleutians Regional Kodiak................... March 19, 2020.
Council.
Region 4--Bristol Bay Regional Council.. Naknek................... March 10, 2020.
Region 5--Yukon-Kuskokwim Delta Regional Bethel................... March 16, 2020.
Council.
Region 6--Western Interior Regional Fairbanks................ March 2, 2020.
Council.
Region 7--Seward Peninsula Regional Nome..................... March 11, 2020.
Council.
Region 8--Northwest Arctic Regional Anchorage................ March 16, 2020.
Council.
Region 9--Eastern Interior Regional Fairbanks................ March 3, 2020.
Council.
Region 10--North Slope Regional Council. Utqiagvik................ March 23, 2020.
During April 2020, the written proposals to change the regulations
at subpart D, take of fish and shellfish, and subpart C, customary and
traditional use determinations, will be compiled and distributed for
public review. Written
[[Page 9432]]
public comments will be accepted on the distributed proposals during a
second 30-day public comment period. The Board, through the Regional
Advisory Councils, will hold a second series of public meetings in
August through November 2020, to receive comments on specific proposals
and to develop recommendations to the Board at the following locations
in Alaska, on the following dates:
Region 1--Southeast Regional Council.... Sitka.................... October 20, 2020.
Region 2--Southcentral Regional Council. Anchorage................ October 7, 2020.
Region 3--Kodiak/Aleutians Regional Cold Bay................. September 10, 2020.
Council.
Region 4--Bristol Bay Regional Council.. Dillingham............... October 28, 2020.
Region 5--Yukon-Kuskokwim Delta Regional St. Mary's............... September 22, 2020.
Council.
Region 6--Western Interior Regional Aniak.................... October 14, 2020.
Council.
Region 7--Seward Peninsula Regional Nome..................... October 28, 2020.
Council.
Region 8--Northwest Arctic Regional Kotzebue................. November 3, 2020.
Council.
Region 9--Eastern Interior Regional Fairbanks................ October 14, 2020.
Council.
Region 10--North Slope Regional Council. Point Hope............... August 18, 2020.
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to both series of
meetings. Locations and dates may change based on weather or local
circumstances. The amount of work on each Regional Advisory Council's
agenda determines the length of each Regional Advisory Council meeting,
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; it is noted that any follow-up teleconference would be an
exception and must be approved, in advance, by the Assistant Regional
Director for the Office of Subsistence Management. 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 January 2021. The Federal Subsistence
Regional Advisory Council Chairs, or their designated representatives,
will present their respective Councils' recommendations at the Board
meeting. Additional oral testimony may be provided on specific
proposals before the Board at that time. At that public meeting, the
Board will deliberate and take final action on proposals received that
request changes to this proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, fish and shellfish harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in this proposed rule
for which changes are suggested, if applicable;
c. A description of the regulatory change(s) desired;
d. A statement explaining why each change is necessary;
e. Proposed wording changes; and
f. Any additional information that you believe will help the Board
in evaluating the proposed change.
The Board immediately rejects proposals that fail to include the
above information, or proposals that are beyond the scope of
authorities in Sec. __.24, subpart C (the regulations governing
customary and traditional use determinations), and Sec. Sec. __.25,
__.27, and __.28 of subpart D (the general and specific regulations
governing the subsistence take of fish and shellfish). 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 a proposal is distributed for public review, no
additional changes may be made as part of the original submission.
During the January 2021 meeting, the Board may defer review and action
on some proposals to allow time for cooperative planning efforts, or to
acquire additional needed information. The Board may elect to defer
taking action on any given proposal if the workload of staff, Regional
Advisory Councils, or the Board becomes excessive. These deferrals may
be based on recommendations by the affected Regional Advisory
Council(s) or staff members, or on the basis of the Board's intention
to do least harm to the subsistence user and the resource involved. A
proponent of a proposal may withdraw the proposal provided it has not
been considered, and a recommendation has not been made, by a Regional
Advisory Council. The Board may consider and act on alternatives that
address the intent of a proposal while differing in approach.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via https://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
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 https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov at Docket
No. FWS-R7-SM-2019-0092, 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 Caron McKee, 907-786-3880, [email protected],
or 800-877-8339 (TTY), seven business days prior to the meeting you
would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political
[[Page 9433]]
relationship that exists between the Federal Government and Federally
Recognized Indian Tribes (Tribes) as listed in 82 FR 4915 (January 17,
2017). Consultation with Alaska Native corporations is based on Public
Law 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended
by Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118
Stat. 3267, which provides that: ``The Director of the Office of
Management and Budget and all Federal agencies shall hereafter consult
with Alaska Native corporations on the same basis as Indian tribes
under Executive Order No. 13175.''
The Alaska National Interest Lands Conservation Act does not
provide specific rights to Tribes for the subsistence taking of
wildlife, fish, and shellfish. However, because tribal members are
affected by subsistence fishing, hunting, and trapping regulations, the
Secretaries, through the Board, will provide Federally recognized
Tribes and Alaska Native corporations an opportunity to consult on this
proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board provides a variety of opportunities for
consultation: Proposing changes to the existing rule; commenting on
proposed changes to the existing rule; engaging in dialogue at the
Regional Council meetings; engaging in dialogue at the Board's
meetings; and providing input in person, by mail, email, or phone at
any time during the rulemaking process. The Board will commit to
efficiently and adequately providing an opportunity to Tribes and
Alaska Native corporations for consultation in regard to subsistence
rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the 2021-22 and 2022-23 Fish and Shellfish Seasons and
Harvest Limit Proposed Regulations
In titles 36 and 50 of the CFR, the subparts C and D regulations
are subject to periodic review and revision. The Board currently
completes the process of revising subsistence take of fish and
shellfish regulations in odd-numbered years and wildlife regulations in
even-numbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable cycle.
The current subsistence program regulations form the starting point
for consideration during each new rulemaking cycle. Consequently, in
this rulemaking action pertaining to fish and shellfish, the Board will
consider proposals to revise the regulations in any of the following
sections of titles 36 and 50 of the CFR:
Sec. __.24: customary and traditional use determinations;
Sec. __.25: general provisions governing the subsistence
take of wildlife, fish, and shellfish;
Sec. __.27: specific provisions governing the subsistence
take of fish; and
Sec. __.28: specific provisions governing the subsistence
take of shellfish.
As such, the text of the proposed 2021-23 subparts C and D subsistence
regulations in titles 36 and 50 is the combined text of previously
issued rules that revised these sections of the regulations. The
following Federal Register citations show when these CFR sections were
last revised. Therefore, the regulations established by these three
final rules constitute the text of this proposed rule:
The text of the proposed amendments to 36 CFR 242.24 and 242.27 and
50 CFR 100.24 and 100.27 is the final rule for the 2019-2021 regulatory
period for fish (84 FR 39744; August 12, 2019).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2018-20 regulatory period for wildlife
(83 FR 50758; October 9, 2018).
The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
100.28 is the final rule for the 2011-13 regulatory period for fish and
shellfish (76 FR 12564; March 8, 2011).
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 and a final rule is published.
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 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 Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence uses, but will
not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of the
subsistence program regulations was conducted in accordance with
section 810. That evaluation also supported the Secretaries'
determination that the regulations will not reach the ``may
significantly restrict'' threshold that would require notice and
hearings under ANILCA section 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
under the PRA (44 U.S.C. 3501 et seq.). OMB has reviewed and approved
the collections of information associated with the subsistence
regulations at 36 CFR part 242 and 50 CFR part 100, and assigned OMB
Control Number 1018-0075 (expires January 31, 2020, and, in accordance
with 5 CFR 1320.10, the Service may continue to sponsor the collection
while the renewal is pending
[[Page 9434]]
at OMB). We 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 proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this proposed rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. However, we
estimate that two million pounds of meat are harvested by subsistence
users annually and, if given an estimated dollar value of $3.00 per
pound, this amount would equate to about $6 million in food value
statewide. Based upon the amounts and values cited above, the
Departments certify that this rulemaking will not have a significant
economic effect on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act.
Executive Order 13771
This rule is not an Executive Order (E.O.) 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') (82 FR 9339, February 3,
2017) regulatory action because this rule is not significant under E.O.
12866.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this proposed rule is not a major rule. It will
not have an effect on the economy of $100 million or more, will not
cause a major increase in costs or prices for consumers, and will not
have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these proposed
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule is by Federal agencies and there is no cost
imposed on any State or local entities or tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable 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 proposed rule does
not have sufficient Federalism implications to warrant the preparation
of a Federalism Assessment. Title VIII of ANILCA precludes the State
from exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
The Alaska National Interest Lands Conservation Act, Title VIII,
does not provide specific rights to tribes for the subsistence taking
of wildlife, fish, and shellfish. However, the Secretaries, through the
Board, will provide Federally recognized Tribes and Alaska Native
corporations an opportunity to consult on this proposed rule.
Consultations with Alaska Native corporations are based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native corporations on the same basis as Indian tribes under Executive
Order No. 13175.''
The Secretaries, through the Board, will provide a variety of
opportunities for consultation: Commenting on proposed changes to the
existing rule; engaging in dialogue at the Regional Council meetings;
engaging in dialogue at the Board's meetings; and providing input in
person, by mail, email, or phone at any time during the rulemaking
process.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Theo Matuskowitz drafted this proposed rule under the guidance of
Thomas C.J. Doolittle of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by:
Bruce Seppi, Alaska State Office, Bureau of Land
Management;
Joshua Ream, 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.
[[Page 9435]]
Proposed Regulation Promulgation
0
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 2021-22
and 2022-23 regulatory years.
The text of the proposed amendments to 36 CFR 242.24 and 242.27 and
50 CFR 100.24 and 100.27 is the final rule for the 2019-2021 regulatory
period for fish (84 FR 39744; August 12, 2019).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2018-20 regulatory period for wildlife
(83 FR 50758; October 9, 2018).
The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
100.28 is the final rule for the 2011-13 regulatory period for fish and
shellfish (76 FR 12564; March 8, 2011).
Thomas C.J. Doolittle,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2020-03306 Filed 2-14-20; 4:15 pm]
BILLING CODE 4333-15-P 3411-15-P
