Subsistence Management Regulations for Public Lands in Alaska-2022-23 and 2023-24 Subsistence Taking of Wildlife Regulations, 10899-10903 [2021-03407]
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules
10899
TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued
Date
Event/sponsor
79. 3 days—Last weekend of
September and/or first weekend in October.
80. 2 days—First weekend of October.
81. 1 day—First or second weekend in October.
82. 3 days—First or Second
weekend in October.
83. 2 days—First or second week
of October.
84. 2 days—One of the first three
weekends in October.
85. 2 days—Two days in October
86. 3 days—First weekend in November.
87. 1 day—One weekend in November or December.
*
*
*
*
Ohio River, Mile 128–129 (West Virginia).
Three Rivers Rowing Association/Head of the Ohio Regatta.
Lookout Rowing Club/Chattanooga Head Race.
Vanderbilt Rowing/Music City
Head Race.
Head of the Ohio Rowing Race
Pittsburgh, PA ............
Allegheny River mile 0.0–5.0 (Pennsylvania).
Chattanooga, TN ........
Pittsburgh, PA ............
Tennessee River, Mile 463.0–468.0 (Tennessee).
Cumberland River, Mile 189.5–196.0 (Tennessee).
Allegheny River, Mile 0.0–3.0 (Pennsylvania).
Norton Healthcare/Ironman
Triathlon.
Secret City Head Race Regatta
Atlanta Rowing Club/Head of
the Hooch Rowing Regatta.
Charleston Lighted Boat Parade
Louisville, KY ..............
Ohio River, Mile 600.5–605.5 (Kentucky).
Oak Ridge, TN ...........
Chattanooga, TN ........
Clinch River, Mile 49.0–54.0 (Tennessee).
Tennessee River, Mile 463.0–468.0 (Tennessee).
Kanawha River, Mile 54.3–60.3 (West Virginia).
*
[FR Doc. 2021–02646 Filed 2–22–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS–R7–SM–2020–0077;
FXRS12610700000 FF07J00000 201]
RIN 1018–BF10
Subsistence Management Regulations
for Public Lands in Alaska—2022–23
and 2023–24 Subsistence Taking of
Wildlife Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
establish regulations for hunting and
trapping seasons, harvest limits, and
methods and means related to taking of
wildlife for subsistence uses during the
2022–2023 and 2023–2024 regulatory
years. The Federal Subsistence Board
(Board) is on a schedule of completing
the process of revising subsistence
taking of wildlife regulations in evennumbered years and subsistence taking
of fish and shellfish regulations in odd-
SUMMARY:
17:21 Feb 22, 2021
Regulated area
New Martinsville Records and
New Martinsville, WV
Regatta Challenge Committee.
Dated: Feburary 2, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
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Ohio Valley location
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Nashville, TN ..............
Charleston, WV ..........
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 proposed rule could also amend
the general regulations on subsistence
taking of fish and wildlife.
DATES: Public meetings: The Federal
Subsistence Regional Advisory Councils
(Councils) will hold public meetings to
receive comments and make proposals
to change this proposed rule February 9
through March 18, 2021, 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 September 27 and November 4,
2021. The Board will discuss and
evaluate proposed regulatory changes
during a public meeting in Anchorage,
AK, in April 2022. See SUPPLEMENTARY
INFORMATION for specific information on
dates and locations of the public
meetings.
Public comments: Comments and
proposals to change this proposed rule
must be received or postmarked by May
24, 2021.
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:
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• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
FWS–R7–SM–2020–0077, 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: Sue Detwiler, Assistant
Regional Director, Office of Subsistence
Management; (907) 786–3888 or
subsistence@fws.gov. For questions
specific to National Forest System
lands, contact Wayne Owen, Director
Wildlife, Fisheries, Ecology, Watershed,
& Subsistence, U.S. Department of
Agriculture (USDA), Forest Service,
Alaska Region; (907) 586–7916 or
wayne.owen@usda.gov.
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
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules
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 through 242.28 and 50 CFR 100.1
through 100.28, 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: § l.24.
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
1—Southeast Regional Council ...................................................................
2—Southcentral Regional Council ..............................................................
3—Kodiak/Aleutians Regional Council ......................................................
4—Bristol Bay Regional Council ................................................................
5—Yukon–Kuskokwim Delta Regional Council ........................................
6—Western Interior Regional Council ........................................................
7—Seward Peninsula Regional Council .....................................................
8—Northwest Arctic Regional Council ......................................................
9—Eastern Interior Regional Council .........................................................
10—North Slope Regional Council .............................................................
During April 2021, the written
proposals to change the regulations at
subpart D, take of wildlife, and subpart
C, customary and traditional use
determinations, will be compiled and
distributed for public review. Written
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
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,
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. Subpart C sets forth important
Board determinations regarding program
eligibility, i.e., which areas of Alaska are
A notice will be published of specific
dates, times, and meeting locations in
local and statewide newspapers prior to
both series of meetings, in addition, this
information will be shared on local
radio and television announcements
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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
Councils, will hold public meetings on
this proposed rule at the following
locations in Alaska, on the following
dates:
March 16, 2021.
February 24, 2021.
March 3, 2021.
February 9, 2021.
March 3, 2021.
February 17, 2021.
March 11, 2021.
February 18, 2021.
March 4, 2021.
February 22, 2021.
receive comments on specific proposals
and to develop recommendations to the
Board at the following locations in
Alaska, on the following dates:
Craig .......................................
Anchorage ..............................
Unalaska .................................
Dillingham .............................
Bethel .....................................
Anchorage ..............................
Nome ......................................
Kotzebue ................................
Fairbanks ................................
Utqiagvik ................................
and postings to social media and the
program website at https://www.doi.gov/
subsistence/regions. Locations and dates
may change based on weather or local
circumstances. The amount of work on
each Council’s agenda determines the
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Public Review Process—Comments,
Proposals, and Public Meetings
Juneau ....................................
Cordova ..................................
Kodiak ....................................
Naknek ...................................
Bethel .....................................
Fairbanks ................................
Nome ......................................
Kotzebure ...............................
Fairbanks ................................
Utqiagvik ................................
public comments will be accepted on
the distributed proposals during a
second 30-day public comment period.
The Board, through the Councils, will
hold a second series of public meetings
in August through November 2021, 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 .............................................................
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 Federal
Subsistence Regional Advisory 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.
October 19, 2021.
October 13, 2021.
September 27, 2021.
October 27, 2021.
October 6, 2021.
October 13, 2021.
October 26, 2021.
November 1, 2021.
October 7, 2021.
November 3, 2021.
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
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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; please note 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 April 2022. The
Federal Subsistence Regional Advisory
Council Chairs, or their designated
representatives, will present their
respective Councils’ recommendations
at the Board meeting. Additional oral
testimony may be provided on specific
proposals before the Board at that time.
At that public meeting, the Board will
deliberate and take final action on
proposals received that request changes
to this proposed rule.
Proposals to the Board to modify the
general fish and wildlife regulations,
wildlife harvest regulations, and
customary and traditional use
determinations must include the
following information:
a. Name, address, and telephone
number of the requestor;
b. Each section and/or paragraph
designation in this proposed rule for
which changes are suggested, if
applicable;
c. A description of the regulatory
change(s) desired;
d. A statement explaining why each
change is necessary;
e. Proposed wording changes; and
f. Any additional information that you
believe will help the Board in
evaluating the proposed change.
The Board immediately rejects
proposals that fail to include the above
information, or proposals that are
beyond the scope of authorities in
§ l.24, subpart C (the regulations
governing customary and traditional use
determinations), and §§ l.25 and l.26
of 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 a
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proposal is distributed for public
review, no additional changes may be
made as part of the original submission.
During the April 2022 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. 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–2020–0077, 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
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10901
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 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 2022–23 and 2023–24
Wildlife 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 wildlife
regulations in even-numbered years and
fish and shellfish regulations in oddnumbered years; public proposal and
review processes take place during the
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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 wildlife,
the Board will consider proposals to
revise the regulations in any of the
following sections of titles 36 and 50 of
the CFR:
• § l.24: customary and traditional
use determinations;
• § l.25: general provisions
governing the subsistence take of
wildlife, fish, and shellfish; and
• § l.26: specific provisions
governing the subsistence take of
wildlife.
As such, the text of the proposed
2022–24 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 two
final rules constitute the text of this
proposed rule:
The text of the proposed amendments
to 36 CFR 242.24 and 242.26 and 50
CFR 100.24 and 100.26 is the final rule
for the 2020–2022 regulatory period for
wildlife (85 FR 74796; November 23,
2020).
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).
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.
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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, 2021, and, in
accordance with 5 CFR 1320.10, the
Service may continue to sponsor the
collection while the renewal is pending
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.
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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
economic impact 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 impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Executive Order 13771
This proposed 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 proposed rule is not
significant under E.O. 12866.
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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, this 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
VerDate Sep<11>2014
17:21 Feb 22, 2021
Jkt 253001
10903
242 and 50 CFR part 100 for the 2022–
23 and 2023–24 regulatory years:
The text of the proposed amendments
to 36 CFR 242.24 and 242.26 and 50
CFR 100.24 and 100.26 is the final rule
for the 2020–2022 regulatory period for
wildlife (85 FR 74796; November 23,
2020).
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).
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.
Sue Detwiler,
Assistant Regional Director, U.S. Fish and
Wildlife Service.
Wayne Owen,
Director, Wildlife, Fisheries, Ecology,
Watershed, & Subsistence, Alaska Region,
USDA—Forest Service.
Executive Order 13211
[FR Doc. 2021–03407 Filed 2–22–21; 8:45 am]
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.
BILLING CODE 4333–15–P 3411–15–P
Drafting Information
Theo Matuskowitz drafted this
proposed rule under the guidance of
Sue Detwiler of the Office of
Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional
assistance was provided by:
• Chris McKee, 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
• Deyna Kuntzsch, 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
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0352; FRL–10016–
75–Region 9]
Approval of Arizona State
Implementation Plan Revisions;
Maricopa County Air Quality
Department; Stationary Source
Permits; New Source Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing action on
revisions to the Maricopa County Air
Quality Department (MCAQD) portion
of the state implementation plan (SIP)
for the State of Arizona. We are
proposing full approval of seven
MCAQD rules for the Department’s New
Source Review (NSR) preconstruction
permitting program for new and
modified stationary sources of air
pollution. We are taking comments on
this proposed rule and plan to follow
with a final action.
DATES: Written comments must be
received on or before March 25, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0352 at https://
www.regulations.gov, or via email to
R9AirPermits@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be removed or edited from
Regulations.gov. For either manner of
submission, the EPA may publish any
SUMMARY:
E:\FR\FM\23FEP1.SGM
23FEP1
]]>Agencies
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Proposed Rules]
[Pages 10899-10903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03407]
=======================================================================
-----------------------------------------------------------------------
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-2020-0077; FXRS12610700000 FF07J00000 201]
RIN 1018-BF10
Subsistence Management Regulations for Public Lands in Alaska--
2022-23 and 2023-24 Subsistence Taking of Wildlife Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, and methods and means related to
taking of wildlife for subsistence uses during the 2022-2023 and 2023-
2024 regulatory years. The Federal Subsistence Board (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 proposed rule
could also amend the general regulations on subsistence taking of fish
and wildlife.
DATES: Public meetings: The Federal Subsistence Regional Advisory
Councils (Councils) will hold public meetings to receive comments and
make proposals to change this proposed rule February 9 through March
18, 2021, 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
September 27 and November 4, 2021. The Board will discuss and evaluate
proposed regulatory changes during a public meeting in Anchorage, AK,
in April 2022. See SUPPLEMENTARY INFORMATION for specific information
on dates and locations of the public meetings.
Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by May 24, 2021.
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-2020-0077, 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: Sue Detwiler, Assistant
Regional Director, Office of Subsistence Management; (907) 786-3888 or
su[email protected]. For questions specific to National Forest System
lands, contact Wayne Owen, Director Wildlife, Fisheries, Ecology,
Watershed, & Subsistence, U.S. Department of Agriculture (USDA), Forest
Service, Alaska Region; (907) 586-7916 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
[[Page 10900]]
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 through 242.28 and 50 CFR 100.1 through
100.28, 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, 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. 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
Federal Subsistence Regional Advisory 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.
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 Councils, will hold public meetings on this proposed rule
at the following locations in Alaska, on the following dates:
Region 1--Southeast Regional Juneau.................................. March 16, 2021.
Council.
Region 2--Southcentral Regional Cordova................................. February 24, 2021.
Council.
Region 3--Kodiak/Aleutians Kodiak.................................. March 3, 2021.
Regional Council.
Region 4--Bristol Bay Regional Naknek.................................. February 9, 2021.
Council.
Region 5--Yukon-Kuskokwim Delta Bethel.................................. March 3, 2021.
Regional Council.
Region 6--Western Interior Fairbanks............................... February 17, 2021.
Regional Council.
Region 7--Seward Peninsula Nome.................................... March 11, 2021.
Regional Council.
Region 8--Northwest Arctic Kotzebure............................... February 18, 2021.
Regional Council.
Region 9--Eastern Interior Fairbanks............................... March 4, 2021.
Regional Council.
Region 10--North Slope Regional Utqiagvik............................... February 22, 2021.
Council.
During April 2021, the written proposals to change the regulations
at subpart D, take of wildlife, and subpart C, customary and
traditional use determinations, will be compiled and distributed for
public review. Written public comments will be accepted on the
distributed proposals during a second 30-day public comment period. The
Board, through the Councils, will hold a second series of public
meetings in August through November 2021, 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 Craig................................... October 19, 2021.
Council.
Region 2--Southcentral Regional Anchorage............................... October 13, 2021.
Council.
Region 3--Kodiak/Aleutians Unalaska................................ September 27, 2021.
Regional Council.
Region 4--Bristol Bay Regional Dillingham.............................. October 27, 2021.
Council.
Region 5--Yukon-Kuskokwim Delta Bethel.................................. October 6, 2021.
Regional Council.
Region 6--Western Interior Anchorage............................... October 13, 2021.
Regional Council.
Region 7--Seward Peninsula Nome.................................... October 26, 2021.
Regional Council.
Region 8--Northwest Arctic Kotzebue................................ November 1, 2021.
Regional Council.
Region 9--Eastern Interior Fairbanks............................... October 7, 2021.
Regional Council.
Region 10--North Slope Regional Utqiagvik............................... November 3, 2021.
Council.
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to both series of
meetings, in addition, this information will be shared on local radio
and television announcements and postings to social media and the
program website at https://www.doi.gov/subsistence/regions. 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
[[Page 10901]]
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; please note 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 April 2022. The Federal Subsistence
Regional Advisory Council Chairs, or their designated representatives,
will present their respective Councils' recommendations at the Board
meeting. Additional oral testimony may be provided on specific
proposals before the Board at that time. At that public meeting, the
Board will deliberate and take final action on proposals received that
request changes to this proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, wildlife harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in this proposed rule
for which changes are suggested, if applicable;
c. A description of the regulatory change(s) desired;
d. A statement explaining why each change is necessary;
e. Proposed wording changes; and
f. Any additional information that you believe will help the Board
in evaluating the proposed change.
The Board immediately rejects proposals that fail to include the
above information, or proposals that are beyond the scope of
authorities in Sec. _.24, subpart C (the regulations governing
customary and traditional use determinations), and Sec. Sec. _.25 and
_.26 of 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 a proposal
is distributed for public review, no additional changes may be made as
part of the original submission. During the April 2022 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. 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-2020-0077, 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 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 2022-23 and 2023-24 Wildlife 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 wildlife
regulations in even-numbered years and fish and shellfish regulations
in odd-numbered years; public proposal and review processes take place
during the
[[Page 10902]]
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 wildlife, 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; and
Sec. _.26: specific provisions governing the subsistence
take of wildlife.
As such, the text of the proposed 2022-24 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 two
final rules constitute the text of this proposed rule:
The text of the proposed amendments to 36 CFR 242.24 and 242.26 and
50 CFR 100.24 and 100.26 is the final rule for the 2020-2022 regulatory
period for wildlife (85 FR 74796; November 23, 2020).
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).
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, 2021, and, in accordance
with 5 CFR 1320.10, the Service may continue to sponsor the collection
while the renewal is pending 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 economic impact 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 impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act.
Executive Order 13771
This proposed 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 proposed rule is not
significant under E.O. 12866.
[[Page 10903]]
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, this 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
Sue Detwiler of the Office of Subsistence Management, Alaska Regional
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional
assistance was provided by:
Chris McKee, 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
Deyna Kuntzsch, 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
2022-23 and 2023-24 regulatory years:
The text of the proposed amendments to 36 CFR 242.24 and 242.26 and
50 CFR 100.24 and 100.26 is the final rule for the 2020-2022 regulatory
period for wildlife (85 FR 74796; November 23, 2020).
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).
Sue Detwiler,
Assistant Regional Director, U.S. Fish and Wildlife Service.
Wayne Owen,
Director, Wildlife, Fisheries, Ecology, Watershed, & Subsistence,
Alaska Region, USDA--Forest Service.
[FR Doc. 2021-03407 Filed 2-22-21; 8:45 am]
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