Subsistence Management Regulations for Public Lands in Alaska-2022-23 and 2023-24 Subsistence Taking of Wildlife Regulations, 10899-10903 [2021-03407]

Download as PDF 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. VerDate Sep<11>2014 Ohio Valley location Jkt 253001 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: PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 • Electronically: Go to the Federal eRulemaking Portal: http:// 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 http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Review Process section below for more information). FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: 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 E:\FR\FM\23FEP1.SGM 23FEP1 10900 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 VerDate Sep<11>2014 17:21 Feb 22, 2021 Jkt 253001 Frm 00029 Fmt 4702 Sfmt 4702 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 PO 00000 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 E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 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 VerDate Sep<11>2014 17:21 Feb 22, 2021 Jkt 253001 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 http://www.regulations.gov, your entire comment, including any personal identifying information, will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on http://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov 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 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 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 E:\FR\FM\23FEP1.SGM 23FEP1 10902 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 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. VerDate Sep<11>2014 17:21 Feb 22, 2021 Jkt 253001 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. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 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. E:\FR\FM\23FEP1.SGM 23FEP1 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 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]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-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.

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SUMMARY: This proposed rule would establish regulations for hunting and 
trapping seasons, harvest limits, and methods and means related to 
taking of wildlife for subsistence uses during the 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: 
http://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 http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Review Process section below for more information).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: 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 http://www.regulations.gov, your entire comment, 
including any personal identifying information, will be posted on the 
website. If you submit a hardcopy comment that includes personal 
identifying information, you may request at the top of your document 
that we withhold this information from public review. However, we 
cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov 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]
BILLING CODE 4333-15-P 3411-15-P