Subsistence Management Regulations for Public Lands in Alaska-2025-26 and 2026-27 Subsistence Taking of Fish and Shellfish Regulations, 20380-20384 [2024-05821]
Download as PDF
<![CDATA[
20380
Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules
January 2025. See SUPPLEMENTARY
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
21, 2024.
DEPARTMENT OF AGRICULTURE
INFORMATION
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R7–SM–2023–0214;
FXFR13350700640–245–FF07J00000]
RIN 1018–BH14
Subsistence Management Regulations
for Public Lands in Alaska—2025–26
and 2026–27 Subsistence Taking of
Fish and Shellfish Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCIES:
This proposed rule revises
regulations for fish and shellfish
seasons, harvest limits, methods, and
means related to taking of fish and
shellfish for subsistence uses during the
2025–2026 and 2026–2027 regulatory
years. The Federal Subsistence Board
(hereafter referred to as ‘‘the Board’’) is
on a schedule of completing the process
of revising subsistence taking of fish and
shellfish regulations in odd-numbered
years and subsistence taking of wildlife
regulations in even-numbered years;
public proposal and review processes
take place during the preceding year.
The Board also addresses customary and
traditional use determinations during
the applicable cycle. When final, the
resulting rulemaking replaces the
existing subsistence fish and shellfish
taking regulations. This proposed rule
may also amend the general regulations
on subsistence taking of fish and
wildlife.
SUMMARY:
ddrumheller on DSK120RN23PROD with PROPOSALS1
DATES:
Public meetings: The Federal
Subsistence Regional Advisory Councils
(hereafter referred to as ‘‘the Councils’’)
will receive comments and make
proposals to change this proposed rule
at the concurrent sessions during a joint
All-Council public meeting March 5–8,
2024, in Anchorage. The Councils will
hold another round of public meetings
to discuss and receive comments on the
proposals and make recommendations
on the proposals to the Board on several
dates between August 19 and November
1, 2024 (see Alaska Subsistence
Regional Advisory Council Meetings for
2024; 89 FR 10095; February 13, 2024).
The Board will discuss and evaluate
proposed regulatory changes during a
public meeting in Anchorage, Alaska, in
VerDate Sep<11>2014
18:08 Mar 21, 2024
Public meetings: The Board
and the 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. In the Search box,
enter Docket number FWS–R7–SM–
2023–0214. Then, click on the Search
button. On the resulting page, in the
Search panel on the left side of the
screen, under the Document Type
heading, check the Proposed Rule box to
locate this document. You may submit
a comment by clicking on ‘‘Comment.’’
• By hard copy: Submit by U.S. mail
or hand delivery: Public Comments
Processing, Attn: FWS–R7–SM–2023–
0214; U.S. Fish and Wildlife Service;
5275 Leesburg Pike, MS: PRB (JAO/3W);
Falls Church, VA 22041–3803. If inperson meetings are held, you may also
deliver a hard copy to the Designated
Federal Officer attending any of the
Councils’ 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).
ADDRESSES:
50 CFR Part 100
Jkt 262001
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Acting Assistant Regional
Director, Office of Subsistence
Management; (907) 786–3888 or
subsistence@fws.gov. For questions
specific to National Forest System
lands, contact Gregory Risdahl, Regional
Subsistence Program Leader, USDA,
Forest Service, Alaska Region; (907)
302–7354 or gregory.risdahl@usda.gov.
In compliance with the Providing
Accountability Through Transparency
Act of 2023, please see Docket No.
FWS–R7–SM–2023–0214 on https://
www.regulations.gov for a document
that summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
Background
Under title VIII of the Alaska National
Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111–3126), the
Secretary of the Interior and the
Secretary of Agriculture (hereafter
referred to as ‘‘the Secretaries’’) jointly
implement the Federal Subsistence
Management Program (hereafter referred
to as ‘‘the Program’’). The Program
provides a preference for take of fish
and wildlife resources for subsistence
uses on Federal public lands and waters
in Alaska. Only Alaska residents of
areas identified as rural are eligible to
participate in the Program. The
Secretaries published temporary
regulations to carry out the Program in
the Federal Register on June 29, 1990
(55 FR 27114), and final regulations on
May 29, 1992 (57 FR 22940). Program
officials have subsequently amended
these regulations a number of times.
Because the Program is a joint effort
between the Departments of the Interior
and Agriculture, these regulations are
located in two titles of the Code of
Federal Regulations (CFR): The
Agriculture regulations are at title 36,
‘‘Parks, Forests, and Public Property,’’
and the Interior regulations are at title
50, ‘‘Wildlife and Fisheries,’’ at 36 CFR
242.1 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: § ll.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
(hereafter referred to as ‘‘the Board’’) to
administer the Program. The Board
comprises:
• A Chair appointed by the Secretary
of the Interior with concurrence of the
Secretary of Agriculture;
• The Alaska Regional Director, U.S.
Fish and Wildlife Service;
• The Alaska Regional Director,
National Park Service;
• The Alaska State Director, Bureau
of Land Management;
• The Alaska Regional Director,
Bureau of Indian Affairs;
• The Alaska Regional Forester, U.S.
Forest Service; and
• Two public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture.
E:\FR\FM\22MRP1.SGM
22MRP1
20381
Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules
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
(hereafter referred to as ‘‘the
Council(s)’’). 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 Councils have a substantial role
in reviewing this proposed rule and
making recommendations for the final
rule. The Board, through the Councils,
will hold public meetings in person and
via teleconference on this proposed rule
during individual Council breakout
sessions at the Joint Regional Advisory
Council meeting to be held in
Anchorage, Alaska, on March 5–8, 2024.
A public notice of specific dates and
times, call-in number(s), and how to
participate and provide public
testimony will be published in local and
statewide newspapers, announced in
radio ads, and posted to the Program
web page and social media at least 2
weeks prior to the March 5–8, 2024,
public meeting.
After the comment period concludes,
the written proposals to change the
regulations at subpart D, take of fish and
shellfish, and subpart C, customary and
traditional use, 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,
which will be announced in statewide
newspaper and radio ads and posted to
the Program web page and social media.
The Board, through the Councils, will
hold a second series of public meetings
August 19 through November 1, 2024, to
receive comments on specific proposals
and to develop recommendations to the
Board on the following dates:
ddrumheller on DSK120RN23PROD with PROPOSALS1
TABLE 1—FALL 2024 MEETINGS OF THE FEDERAL SUBSISTENCE REGIONAL ADVISORY COUNCILS
Regional advisory council
Dates
Southeast Alaska—Region 1 ..................................................................
Southcentral Alaska—Region 2 ..............................................................
Kodiak/Aleutians—Region 3 ....................................................................
Bristol Bay—Region 4 .............................................................................
Yukon-Kuskokwim Delta—Region 5 .......................................................
Western Interior—Region 6 .....................................................................
Seward Peninsula—Region 7 .................................................................
Northwest Arctic—Region 8 ....................................................................
Eastern Interior—Region 9 ......................................................................
North Slope—Region 10 .........................................................................
October 22–24 ...............................
October 10–11 ...............................
September 4–6 ..............................
October 29–30 ...............................
August 27–29 ................................
October 2–3 ...................................
October 24–25 ...............................
October 28–29 ...............................
October 8–10 .................................
August 19–20 ................................
A public notice of specific dates,
times, call-in number(s), and how to
participate and provide public
testimony will be published in local and
statewide newspapers, announced in
radio ads, and posted to the Program
web page and social media at least 2
weeks prior to each meeting. The
amount of work on each Council’s
agenda determines the length of each
Council’s meeting, but typically the
meetings are scheduled to last 2 days.
Occasionally a Council will lack
information necessary during a
scheduled meeting to make a
recommendation to the Board or to
provide comments on other matters
affecting subsistence in the region. If
this situation occurs, the Council may
announce on the record a later
teleconference to address the specific
issue when the requested information or
data is available; it is noted that any
followup 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
VerDate Sep<11>2014
18:08 Mar 21, 2024
Jkt 262001
date and time will be announced during
the scheduled meeting, and that same
information will be announced through
news releases and local radio,
newspaper, Program web page, and
social media ads.
The Board will discuss and evaluate
proposed changes to the subsistence
management regulations during a public
meeting scheduled to be held in
Anchorage, Alaska, in January 2025.
The Council Chairs, or their designated
representatives, will present their
respective Councils’ recommendations
at the Board meeting. Additional oral
testimony may be provided on specific
proposals before the Board at that time.
At that public meeting, the Board will
deliberate and take final action on
proposals received that request changes
to this proposed rule.
Proposals to the Board to modify the
general fish and wildlife regulations,
fish and shellfish harvest regulations,
and customary and traditional use
determinations must include the
following information:
a. Name, address, and telephone
number of the requestor;
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
Location
Ketchikan.
Anchorage.
Unalaska.
Dillingham.
Bethel.
Galena.
Nome.
Kotzebue.
Tanana.
Utqiagvik.
b. Each section and/or paragraph
designation in the current regulations
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 will immediately reject
proposals that fail to include the above
information, or proposals that are
beyond the scope of authorities in
§ ll.24 of subpart C (the regulations
governing customary and traditional
use), and §§ ll.25, ll.27, and
ll.28 of subpart D (the general and
specific regulations governing the
subsistence take of fish and shellfish). If
a proposal needs clarification, prior to
being distributed for public review, the
proponent may be contacted, and the
proposal could be revised based on their
input. Once a proposal is distributed for
public review, no additional changes
may be made as part of the original
submission. During the January 2025
E:\FR\FM\22MRP1.SGM
22MRP1
20382
Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules
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 that 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 personally
identifiable information, will be posted
on the Program’s web page. If you
submit a hardcopy comment that
includes personally identifiable
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–2023–0214, or
by appointment, provided no public
health or safety restrictions are in effect,
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 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 Robbin La
Vine, 907–786–3888, subsistence@
fws.gov, or 800–877–8339 (TTY), 7
business days prior to the meeting you
would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’ the
Federal officials that have been
delegated authority by the Secretaries
are committed to honoring the unique
government-to-government political
relationship that exists between the
Federal Government and Federally
Recognized Indian Tribes (herein after
referred to as ‘‘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 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 regulations; commenting on
proposed changes to the existing
regulations; engaging in dialogue at the
Council meetings; engaging in dialogue
at the Board’s meetings; and providing
input in person, by mail, email, or
phone at any time during the
rulemaking process. The Board will
commit to efficiently and adequately
providing an opportunity to Tribes and
Alaska Native corporations for
consultation regarding 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 2025–26 and 2026–27
Fish and Shellfish Seasons and Harvest
Limit Proposed Regulations
In titles 36 and 50 of the CFR, the
subparts C and D regulations are subject
to periodic review and revision. The
Board currently completes the process
of revising subsistence take of fish and
shellfish regulations in odd-numbered
years and wildlife regulations in evennumbered 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. Nonrural determinations are
taken up during every other fish and
shellfish cycle, beginning in 2018.
The Board reviews closures to the
take of fish/shellfish and wildlife during
each applicable cycle on a rotating
schedule. The following table lists the
current closures being reviewed for this
cycle. When reviewing a closure, the
Board may maintain, modify, or rescind
the closure. If a closure is rescinded, the
regulations will revert to the existing
regulations in place prior to the closure,
or if no regulations were in place, any
changes or the establishment of seasons,
methods and means, and harvest limits
must go through the full public review
process. The public is encouraged to
comment on these closures, and anyone
recommending that a closure be
rescinded should submit a proposal to
establish regulations for the area that
was closed.
ddrumheller on DSK120RN23PROD with PROPOSALS1
TABLE 2—FISH AND SHELLFISH CLOSURES TO BE REVIEWED BY THE FEDERAL SUBSISTENCE BOARD FOR THE 2025–
2026 AND 2026–2027 REGULATORY YEARS
Fishery management area
Closure area
Norton Sound—Port Clarence Area .........................................................
Unalakleet River upstream of the confluence of Chiroskey River (Chinook Salmon).
Delta River (all fish).
Nome Creek (Arctic Grayling).
Makhnati Island (Herring).
Yukon/Northern Area ................................................................................
Yukon/Northern Area ................................................................................
Southeastern Alaska Area ........................................................................
VerDate Sep<11>2014
18:08 Mar 21, 2024
Jkt 262001
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
E:\FR\FM\22MRP1.SGM
22MRP1
Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules
The current subsistence program
regulations form the starting point for
consideration during each new
rulemaking cycle. Consequently, in this
rulemaking action pertaining to fish and
shellfish, the Board will consider
proposals to revise the regulations in
any of the following sections of titles 36
and 50 of the CFR:
• Section ll.24: customary and
traditional use determinations;
• Section ll.25: general provisions
governing the subsistence take of
wildlife, fish, and shellfish;
• Section ll.27: specific provisions
governing the subsistence take of fish;
and
• Section ll.28: specific provisions
governing the subsistence take of
shellfish.
As such, the text of the proposed
2025–2027 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 four
final rules constitute the text of this
proposed rule:
The text of the proposed amendments
to 36 CFR 242.24 and 242.27 and 50
CFR 100.24 and 100.27 is the final rule
for the 2023–2025 regulatory period for
fish (89 FR 14746; February 29. 2024).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2022–2024
regulatory period for wildlife (87 FR
44858; July 26, 2022).
The text of the proposed amendments
to 36 CFR 242.28 and 50 CFR 100.28 is
the final rule for the 2011–13 regulatory
period for shellfish (76 FR 12564; March
8, 2011).
These regulations will remain in
effect until subsequent Board action
changes elements as a result of the
public review process outlined above in
this document and a final rule is
published.
Compliance With Statutory and
Regulatory Authorities
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
VerDate Sep<11>2014
18:08 Mar 21, 2024
Jkt 262001
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. This
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 of 1995 (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. 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.
This control number has an expiration
date of 01/31/2024; in accordance with
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
20383
regulations at 5 CFR part 1320, the
Service is authorized to continue
sponsoring the collection while the
submission is pending at OMB.
Regulatory Planning and Review
(Executive Orders 12866, 13563, and
14094)
Executive Order 14094 reaffirms the
principles of E.O. 12866 and E.O. 13563
and states that regulatory analysis
should facilitate agency efforts to
develop regulations that serve the
public interest, advance statutory
objectives, and are consistent with E.O.
12866, E.O. 13563, and the Presidential
Memorandum of January 20, 2021
(Modernizing Regulatory Review).
Regulatory analysis, as practicable and
appropriate, shall recognize distributive
impacts and equity, to the extent
permitted by law. 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.
E.O. 12866, as reaffirmed by E.O.
13563 and E.O. 14094, provides that the
Office of Information and Regulatory
Affairs (OIRA) in OMB will review all
significant rules. OIRA has determined
that this proposed rule is not significant.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
preparation of flexibility analyses for
rules that will have a significant effect
on a substantial number of small
entities, which include small
businesses, organizations, or
governmental jurisdictions. In general,
the resources to be harvested under this
proposed rule are already being
harvested and consumed by the local
harvester and do not result in an
additional dollar benefit to the
economy. However, we estimate that
two million pounds of meat are
harvested by subsistence users annually
and, if given an estimated dollar value
of $3.00 per pound, this amount would
equate to about $6 million in food value
statewide. Based upon the amounts and
values cited above, the Departments
certify that this rulemaking will not
have a significant economic effect on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement
Fairness Act
Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
E:\FR\FM\22MRP1.SGM
22MRP1
20384
Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Proposed Rules
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 Federal public lands and
waters. 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 proposed rulemaking will
not impose a cost of $100 million or
more in any given year on local or State
governments or private entities. This
proposed rule will be implemented by
Federal agencies with no cost imposed
on any State or local entities or Tribal
governments.
Executive Order 12988
The Secretaries have determined that
these proposed regulations meet the
applicable standards provided in
sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice
reform.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Executive Order 13132
In accordance with Executive Order
13132, the proposed rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
assessment. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on Federal
lands unless it meets certain
requirements.
Executive Order 13175
Title VIII of ANILCA does not provide
specific rights to Tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, as described above
under Tribal Consultation and
Comment, the Secretaries, through the
Board, will provide federally recognized
Tribes and Alaska Native corporations a
variety of opportunities for consultation:
commenting on proposed changes to the
existing regulations; engaging in
dialogue at the Regional Council
meetings; engaging in dialogue at the
VerDate Sep<11>2014
18:08 Mar 21, 2024
Jkt 262001
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
• Justin Koller drafted this proposed
rule under the guidance of Amee
Howard 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;
• Dr. Kim Jochum, Alaska Regional
Office, National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Jill Klein, Alaska Regional Office,
U.S. Fish and Wildlife Service; and
• Gregory Risdahl, 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 2025–
26 and 2026–27 regulatory years.
The text of the proposed amendments
to 36 CFR 242.24 and 242.27 and 50
CFR 100.24 and 100.27 matches the
amendatory instructions in 89 FR 14746
(February 29, 2024) (which is the final
rule for the 2023–2025 regulatory period
for fish).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25
matches the amendatory instructions in
87 FR 44858 (July 26, 2022) (which is
the final rule for the 2022–2024
regulatory period for wildlife).
The text of the proposed amendments
to 36 CFR 242.28 and 50 CFR 100.28
matches the amendatory instructions in
76 FR 12564 (March 8, 2011) (which is
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
the final rule for the 2011–13 regulatory
period for fish and shellfish).
Amee Howard,
Acting Assistant Regional Director, U.S. Fish
and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2024–05821 Filed 3–21–24; 8:45 am]
BILLING CODE 4333–15–P; 3411–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2020–0455; FRL–11807–
01–R2]
Approval and Promulgation of Air
Quality Implementation Plans; New
York; Regional Haze State
Implementation Plan for the Second
Implementation Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the regional haze state implementation
plan (SIP) submitted by the State of New
York through the Department of
Environmental Conservation (NYSDEC
or New York) on May 12, 2020, as
satisfying applicable requirements
under the Clean Air Act (CAA) and the
EPA’s Regional Haze Rule for the
program’s second implementation
period. New York’s SIP submission
addresses the requirement that states
must periodically revise their long-term
strategies for making reasonable
progress towards the national goal of
preventing any future, and remedying
any existing, anthropogenic impairment
of visibility in mandatory Class I
Federal areas, including regional haze.
The SIP submission also addresses other
applicable requirements for the second
implementation period of the regional
haze program. The EPA is taking this
action pursuant to sections 110 and
169A of the Clean Air Act.
DATES: Written comments must be
received on or before April 22, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2020–0455 at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., Controlled
Unclassified Information (CUI) (formally
referred to as Confidential Business
Information (CBI)) or other information
whose disclosure is restricted by statute.
Certain other material, such as
SUMMARY:
E:\FR\FM\22MRP1.SGM
22MRP1
]]>Agencies
[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Proposed Rules]
[Pages 20380-20384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05821]
[[Page 20380]]
=======================================================================
-----------------------------------------------------------------------
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-2023-0214; FXFR13350700640-245-FF07J00000]
RIN 1018-BH14
Subsistence Management Regulations for Public Lands in Alaska--
2025-26 and 2026-27 Subsistence Taking of Fish and Shellfish
Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule revises regulations for fish and shellfish
seasons, harvest limits, methods, and means related to taking of fish
and shellfish for subsistence uses during the 2025-2026 and 2026-2027
regulatory years. The Federal Subsistence Board (hereafter referred to
as ``the Board'') is on a schedule of completing the process of
revising subsistence taking of fish and shellfish regulations in odd-
numbered years and subsistence taking of wildlife regulations in even-
numbered years; public proposal and review processes take place during
the preceding year. The Board also addresses customary and traditional
use determinations during the applicable cycle. When final, the
resulting rulemaking replaces the existing subsistence fish and
shellfish taking regulations. This proposed rule may also amend the
general regulations on subsistence taking of fish and wildlife.
DATES:
Public meetings: The Federal Subsistence Regional Advisory Councils
(hereafter referred to as ``the Councils'') will receive comments and
make proposals to change this proposed rule at the concurrent sessions
during a joint All-Council public meeting March 5-8, 2024, in
Anchorage. The Councils will hold another round of public meetings to
discuss and receive comments on the proposals and make recommendations
on the proposals to the Board on several dates between August 19 and
November 1, 2024 (see Alaska Subsistence Regional Advisory Council
Meetings for 2024; 89 FR 10095; February 13, 2024). The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in Anchorage, Alaska, in January 2025. 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 21, 2024.
ADDRESSES: Public meetings: The Board and the 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. In the Search box, enter Docket number
FWS-R7-SM-2023-0214. Then, click on the Search button. On the resulting
page, in the Search panel on the left side of the screen, under the
Document Type heading, check the Proposed Rule box to locate this
document. You may submit a comment by clicking on ``Comment.''
By hard copy: Submit by U.S. mail or hand delivery: Public
Comments Processing, Attn: FWS-R7-SM-2023-0214; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, MS: PRB (JAO/3W); Falls Church, VA 22041-
3803. If in-person meetings are held, you may also deliver a hard copy
to the Designated Federal Officer attending any of the Councils' 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: Acting Assistant Regional
Director, Office of Subsistence Management; (907) 786-3888 or
[email protected]. For questions specific to National Forest System
lands, contact Gregory Risdahl, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 302-7354 or
[email protected]. In compliance with the Providing
Accountability Through Transparency Act of 2023, please see Docket No.
FWS-R7-SM-2023-0214 on https://www.regulations.gov for a document that
summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Background
Under title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (hereafter referred to as ``the
Secretaries'') jointly implement the Federal Subsistence Management
Program (hereafter referred to as ``the Program''). The Program
provides a preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. Only
Alaska residents of areas identified as rural are eligible to
participate in the Program. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
22940). Program officials have subsequently amended these regulations a
number of times. Because the Program is a joint effort between the
Departments of the Interior and Agriculture, these regulations are
located in two titles of the Code of Federal Regulations (CFR): The
Agriculture regulations are at title 36, ``Parks, Forests, and Public
Property,'' and the Interior regulations are at title 50, ``Wildlife
and Fisheries,'' at 36 CFR 242.1 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 (hereafter referred
to as ``the Board'') to administer the Program. The Board comprises:
A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
The Alaska Regional Director, U.S. Fish and Wildlife
Service;
The Alaska Regional Director, National Park Service;
The Alaska State Director, Bureau of Land Management;
The Alaska Regional Director, Bureau of Indian Affairs;
The Alaska Regional Forester, U.S. Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
[[Page 20381]]
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 (hereafter referred to as
``the Council(s)''). 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 Councils have a substantial role in reviewing this proposed
rule and making recommendations for the final rule. The Board, through
the Councils, will hold public meetings in person and via
teleconference on this proposed rule during individual Council breakout
sessions at the Joint Regional Advisory Council meeting to be held in
Anchorage, Alaska, on March 5-8, 2024. A public notice of specific
dates and times, call-in number(s), and how to participate and provide
public testimony will be published in local and statewide newspapers,
announced in radio ads, and posted to the Program web page and social
media at least 2 weeks prior to the March 5-8, 2024, public meeting.
After the comment period concludes, the written proposals to change
the regulations at subpart D, take of fish and shellfish, and subpart
C, customary and traditional use, 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,
which will be announced in statewide newspaper and radio ads and posted
to the Program web page and social media. The Board, through the
Councils, will hold a second series of public meetings August 19
through November 1, 2024, to receive comments on specific proposals and
to develop recommendations to the Board on the following dates:
Table 1--Fall 2024 Meetings of the Federal Subsistence Regional Advisory
Councils
------------------------------------------------------------------------
Regional advisory council Dates Location
------------------------------------------------------------------------
Southeast Alaska--Region 1...... October 22-24..... Ketchikan.
Southcentral Alaska--Region 2... October 10-11..... Anchorage.
Kodiak/Aleutians--Region 3...... September 4-6..... Unalaska.
Bristol Bay--Region 4........... October 29-30..... Dillingham.
Yukon-Kuskokwim Delta--Region 5. August 27-29...... Bethel.
Western Interior--Region 6...... October 2-3....... Galena.
Seward Peninsula--Region 7...... October 24-25..... Nome.
Northwest Arctic--Region 8...... October 28-29..... Kotzebue.
Eastern Interior--Region 9...... October 8-10...... Tanana.
North Slope--Region 10.......... August 19-20...... Utqiagvik.
------------------------------------------------------------------------
A public notice of specific dates, times, call-in number(s), and
how to participate and provide public testimony will be published in
local and statewide newspapers, announced in radio ads, and posted to
the Program web page and social media at least 2 weeks prior to each
meeting. The amount of work on each Council's agenda determines the
length of each Council's meeting, but typically the meetings are
scheduled to last 2 days. Occasionally a Council will lack information
necessary during a scheduled meeting to make a recommendation to the
Board or to provide comments on other matters affecting subsistence in
the region. If this situation occurs, the Council may announce on the
record a later teleconference to address the specific issue when the
requested information or data is available; it is noted that any
followup 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, newspaper, Program
web page, and social media ads.
The Board will discuss and evaluate proposed changes to the
subsistence management regulations during a public meeting scheduled to
be held in Anchorage, Alaska, in January 2025. The Council Chairs, or
their designated representatives, will present their respective
Councils' recommendations at the Board meeting. Additional oral
testimony may be provided on specific proposals before the Board at
that time. At that public meeting, the Board will deliberate and take
final action on proposals received that request changes to this
proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, fish and shellfish harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in the current
regulations 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 will immediately reject proposals that fail to include
the above information, or proposals that are beyond the scope of
authorities in Sec. __.24 of subpart C (the regulations governing
customary and traditional use), and Sec. Sec. __.25, __.27, and __.28
of subpart D (the general and specific regulations governing the
subsistence take of fish and shellfish). If a proposal needs
clarification, prior to being distributed for public review, the
proponent may be contacted, and the proposal could be revised based on
their input. Once a proposal is distributed for public review, no
additional changes may be made as part of the original submission.
During the January 2025
[[Page 20382]]
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
that 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 personally identifiable information, will be posted on
the Program's web page. If you submit a hardcopy comment that includes
personally identifiable 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-2023-0214, or by appointment, provided no public
health or safety restrictions are in effect, 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 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 Robbin La Vine, 907-786-3888, [email protected], or 800-877-8339
(TTY), 7 business days prior to the meeting you would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the Federal Government and Federally Recognized
Indian Tribes (herein after referred to as ``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 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 regulations; commenting
on proposed changes to the existing regulations; engaging in dialogue
at the Council meetings; engaging in dialogue at the Board's meetings;
and providing input in person, by mail, email, or phone at any time
during the rulemaking process. The Board will commit to efficiently and
adequately providing an opportunity to Tribes and Alaska Native
corporations for consultation regarding 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 2025-26 and 2026-27 Fish and Shellfish Seasons and
Harvest Limit Proposed Regulations
In titles 36 and 50 of the CFR, the subparts C and D regulations
are subject to periodic review and revision. The Board currently
completes the process of revising subsistence take of fish and
shellfish regulations in odd-numbered years and wildlife regulations in
even-numbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable cycle. Nonrural
determinations are taken up during every other fish and shellfish
cycle, beginning in 2018.
The Board reviews closures to the take of fish/shellfish and
wildlife during each applicable cycle on a rotating schedule. The
following table lists the current closures being reviewed for this
cycle. When reviewing a closure, the Board may maintain, modify, or
rescind the closure. If a closure is rescinded, the regulations will
revert to the existing regulations in place prior to the closure, or if
no regulations were in place, any changes or the establishment of
seasons, methods and means, and harvest limits must go through the full
public review process. The public is encouraged to comment on these
closures, and anyone recommending that a closure be rescinded should
submit a proposal to establish regulations for the area that was
closed.
Table 2--Fish and Shellfish Closures To Be Reviewed by the Federal
Subsistence Board for the 2025-2026 and 2026-2027 Regulatory Years
------------------------------------------------------------------------
Fishery management area Closure area
------------------------------------------------------------------------
Norton Sound--Port Clarence Area....... Unalakleet River upstream of
the confluence of Chiroskey
River (Chinook Salmon).
Yukon/Northern Area.................... Delta River (all fish).
Yukon/Northern Area.................... Nome Creek (Arctic Grayling).
Southeastern Alaska Area............... Makhnati Island (Herring).
------------------------------------------------------------------------
[[Page 20383]]
The current subsistence program regulations form the starting point
for consideration during each new rulemaking cycle. Consequently, in
this rulemaking action pertaining to fish and shellfish, the Board will
consider proposals to revise the regulations in any of the following
sections of titles 36 and 50 of the CFR:
Section __.24: customary and traditional use
determinations;
Section __.25: general provisions governing the
subsistence take of wildlife, fish, and shellfish;
Section __.27: specific provisions governing the
subsistence take of fish; and
Section __.28: specific provisions governing the
subsistence take of shellfish.
As such, the text of the proposed 2025-2027 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 four
final rules constitute the text of this proposed rule:
The text of the proposed amendments to 36 CFR 242.24 and 242.27 and
50 CFR 100.24 and 100.27 is the final rule for the 2023-2025 regulatory
period for fish (89 FR 14746; February 29. 2024).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2022-2024 regulatory period for
wildlife (87 FR 44858; July 26, 2022).
The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
100.28 is the final rule for the 2011-13 regulatory period for
shellfish (76 FR 12564; March 8, 2011).
These regulations will remain in effect until subsequent Board
action changes elements as a result of the public review process
outlined above in this document and a final rule is published.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and; therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence uses, but will
not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of the
subsistence program regulations was conducted in accordance with
section 810. This 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 of 1995 (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. 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. This control number has an
expiration date of 01/31/2024; in accordance with regulations at 5 CFR
part 1320, the Service is authorized to continue sponsoring the
collection while the submission is pending at OMB.
Regulatory Planning and Review (Executive Orders 12866, 13563, and
14094)
Executive Order 14094 reaffirms the principles of E.O. 12866 and
E.O. 13563 and states that regulatory analysis should facilitate agency
efforts to develop regulations that serve the public interest, advance
statutory objectives, and are consistent with E.O. 12866, E.O. 13563,
and the Presidential Memorandum of January 20, 2021 (Modernizing
Regulatory Review). Regulatory analysis, as practicable and
appropriate, shall recognize distributive impacts and equity, to the
extent permitted by law. 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.
E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides
that the Office of Information and Regulatory Affairs (OIRA) in OMB
will review all significant rules. OIRA has determined that this
proposed rule is not significant.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this proposed rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. However, we
estimate that two million pounds of meat are harvested by subsistence
users annually and, if given an estimated dollar value of $3.00 per
pound, this amount would equate to about $6 million in food value
statewide. Based upon the amounts and values cited above, the
Departments certify that this rulemaking will not have a significant
economic effect on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801
[[Page 20384]]
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 Federal public lands and waters. 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 proposed
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. This proposed
rule will be implemented by Federal agencies with no cost imposed on
any State or local entities or Tribal governments.
Executive Order 12988
The Secretaries have determined that these proposed regulations
meet the applicable standards provided in sections 3(a) and 3(b)(2) of
Executive Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the proposed rule does
not have sufficient federalism implications to warrant the preparation
of a federalism assessment. Title VIII of ANILCA precludes the State
from exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
Title VIII of ANILCA does not provide specific rights to Tribes for
the subsistence taking of wildlife, fish, and shellfish. However, as
described above under Tribal Consultation and Comment, the Secretaries,
through the Board, will provide federally recognized Tribes and Alaska
Native corporations a variety of opportunities for consultation:
commenting on proposed changes to the existing regulations; 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
Justin Koller drafted this proposed rule under the
guidance of Amee Howard 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;
Dr. Kim Jochum, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Jill Klein, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Gregory Risdahl, 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
2025-26 and 2026-27 regulatory years.
The text of the proposed amendments to 36 CFR 242.24 and 242.27 and
50 CFR 100.24 and 100.27 matches the amendatory instructions in 89 FR
14746 (February 29, 2024) (which is the final rule for the 2023-2025
regulatory period for fish).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 matches the amendatory instructions in 87 FR 44858 (July 26,
2022) (which is the final rule for the 2022-2024 regulatory period for
wildlife).
The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
100.28 matches the amendatory instructions in 76 FR 12564 (March 8,
2011) (which is the final rule for the 2011-13 regulatory period for
fish and shellfish).
Amee Howard,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2024-05821 Filed 3-21-24; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P
