Subsistence Management Regulations for Public Lands in Alaska-2026-27 and 2027-28 Subsistence Taking of Wildlife Regulations, 6922-6927 [2025-00434]
Download as PDF
6922
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all
Department documents published in the
Federal Register, in text or Portable
Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader,
which is available free at the site.
You may also access Department
documents published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Glenna Wright-Gallo,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2025–00985 Filed 1–17–25; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Office of Subsistence Management
50 CFR Part 100
[Docket No. DOI–2024–0011; 256D0102DM
DS61900000 DMSN00000.000000 DX61901]
RIN 1090–AB29
Subsistence Management Regulations
for Public Lands in Alaska—2026–27
and 2027–28 Subsistence Taking of
Wildlife Regulations
Forest Service, Agriculture;
Office of Subsistence Management,
Interior.
ACTION: Proposed rule.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
2026–27 and 2027–28 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 wildlife
SUMMARY:
VerDate Sep<11>2014
19:06 Jan 18, 2025
Jkt 265001
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
(hereafter referred to as ‘‘the Councils’’)
will receive comments and make
proposals to change this proposed rule
during public meetings held between
February 18, 2025, and April 2, 2025.
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
September 16, 2025, and October 30,
2025 (see Alaska Subsistence Regional
Advisory Council Meetings for 2025; 89
FR 63962; August 06, 2024). The Board
will discuss and evaluate proposed
regulatory changes during a public
meeting in Anchorage, Alaska, in April
2026. 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
April 4, 2025.
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 DOI–2024–0011.
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: Regulations, Attn: DOI–
2024–0011; Office of Subsistence
Management; 1011 E Tudor Road M/S
121, Anchorage AK 99503. If in-person
Council meetings are held, you may also
deliver a hard copy to the Designated
Federal Official attending any of the
PO 00000
Frm 00082
Fmt 4702
Sfmt 4702
Councils’ public meetings. See
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).
SUPPLEMENTARY INFORMATION
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
Office of Subsistence Management,
Attention: Crystal Leonetti, Director;
(907) 786–3888 or subsistence@
ios.doi.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. DOI–
2024–0011 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
242.1–28 and 50 CFR 100.1–28,
respectively. Consequently, to indicate
that identical changes are proposed for
regulations in both titles 36 and 50, in
this document we will present
references to specific sections of the
E:\FR\FM\21JAP1.SGM
21JAP1
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
CFR as shown in the following example:
§ __.24.
The Program regulations contain
subparts as follows: Subpart A, General
Provisions; Subpart B, Program
Structure; Subpart C, Board
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these
regulations, the Secretaries established a
Federal Subsistence Board (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;
• Five public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture;
• The Alaska Regional Director,
Bureau of Indian Affairs;
• The Alaska State Director, Bureau
of Land Management;
• The Alaska Regional Director,
National Park Service;
• The Alaska Regional Director, U.S.
Fish and Wildlife Service; and
• The Alaska Regional Forester, U.S.
Forest Service.
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 seasons, limits, and other
harvest parameters and requirements.
In administering the Program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
6923
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 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
at the following locations in Alaska, on
the following dates:
TABLE 1—WINTER 2025 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 ...........................................
March 18–20 ............................................................
March 12–13 ............................................................
March 6–7 ................................................................
February 18–19 ........................................................
March 4–5 ................................................................
February 25–26 ........................................................
April 1–2 ...................................................................
March 27–28 ............................................................
February 19–20 ........................................................
February 27–28 ........................................................
During April 2025, 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
Location
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
Sitka.
Cordova.
Kodiak.
Naknek.
Bethel.
Fairbanks.
Nome.
Kotzebue.
Fairbanks.
Utqiagvik.
or teleconference meetings in September
through October 2025, 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 2025 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 21–23 .........................................................
October 14–15 .........................................................
September 17–18 ....................................................
October 29–30 .........................................................
October 21–23 .........................................................
October 7–8 .............................................................
October 14–15 .........................................................
October 27–28 .........................................................
October 8–10 ...........................................................
September 16–17 ....................................................
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
VerDate Sep<11>2014
19:06 Jan 18, 2025
Jkt 265001
Location
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
PO 00000
Frm 00083
Fmt 4702
Sfmt 4702
Wrangell.
Anchorage.
TBD.
Dillingham.
TBD.
Fairbanks.
Nome.
Kotzebue.
Tok.
Utqiagvik.
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
E:\FR\FM\21JAP1.SGM
21JAP1
ddrumheller on DSK120RN23PROD with PROPOSALS1
6924
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
issue when the requested information or
data is available; it is noted that any
follow-up teleconference would be an
exception and must be approved, in
advance, by the Director of 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 April 2026. The
Council Chairs, or their designated
representatives, will present their
respective Councils’ recommendations
at the Board meeting. Additional oral
testimony may be provided on specific
proposals before the Board at that time.
At that public meeting, the Board will
deliberate and take final action on
proposals received that request changes
to this proposed rule.
Proposals to the Board to modify the
general fish and wildlife regulations,
wildlife harvest regulations, and
customary and traditional use
determinations must include the
following information:
a. Name, address, and telephone
number of the requestor;
b. Each section and/or paragraph
designation in 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, subpart C (the regulations
governing customary and traditional use
determinations) and § ll.25 and
ll.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 2026
meeting, the Board may defer review
and action on some proposals to allow
VerDate Sep<11>2014
19:06 Jan 18, 2025
Jkt 265001
time for cooperative planning efforts, or
to acquire additional needed
information. The Board may elect to
defer taking action on any given
proposal if the workload of staff,
Councils, or the Board becomes
excessive. These deferrals may be based
on recommendations by the affected
Council(s) or staff members, or on the
basis of the Board’s intention to do least
harm to the subsistence user and the
resource involved. A proponent of a
proposal may withdraw the proposal
provided it has not been considered,
and a recommendation has not been
made, by a Council. The Board may
consider and act on alternatives that
address the intent of a proposal while
differing in approach.
You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. If you submit a comment via
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the website. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov at Docket
No. DOI–2024–0011, 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: 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
LaVine, 907–786–3888, subsistence@
ios.doi.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
PO 00000
Frm 00084
Fmt 4702
Sfmt 4702
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 rule, commenting on proposed
changes to the existing rule, engaging in
dialogue at the Regional Council
meetings, engaging in dialogue at Board
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 2026–27 and 2027–28
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
preceding year. The Board also
addresses customary and traditional use
determinations during the applicable
cycle. Nonrural determinations are
E:\FR\FM\21JAP1.SGM
21JAP1
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
taken up during every other fish and
shellfish cycle, beginning in 2018.
Based on Board policy, the Board
reviews each closure to the take of fish/
shellfish and wildlife every 4 years,
during each applicable cycle. The
following table lists the current closures
being reviewed for this cycle. In
reviewing a closure, the Board may
maintain, modify, or rescind the
closure. If a closure is rescinded, the
existing regulations apply, or if no
regulations are in place, any changes to
or the establishment of seasons,
methods and means, and harvest limits
must go through the full public review
6925
process. The public is encouraged to
comment on these closures, and anyone
recommending a regulatory change
outside the scope of a closure review
(i.e., a change not directly affecting the
closure) should submit a regulatory
proposal.
ddrumheller on DSK120RN23PROD with PROPOSALS1
TABLE 3—WILDLIFE CLOSURES TO BE REVIEWED BY THE FEDERAL SUBSISTENCE BOARD FOR THE 2026–2027 AND
2027–2028 REGULATORY YEARS
Unit and area descriptor
Species
Closure
2 ......................................................................................................
Deer .........
5A, except Nunatak Bench, east of the Dangerous River .............
5A, except Nunatak Bench, west of the Dangerous River ............
9C, draining into the Naknek River from the South .......................
17A, 17C, Nushagak Peninsula .....................................................
Moose ......
Moose ......
Moose ......
Caribou ....
22A, North ......................................................................................
22A, Unalakleet ..............................................................................
22A remainder ................................................................................
22B, west of the Darby Mountains .................................................
22B, west of the Darby Mountains .................................................
Moose
Moose
Moose
Moose
Moose
22D, Kougarok, Kuzitrin, and Pilgrim River drainages ..................
22D, west of Tisuk River drainage and Canyon Creek .................
22D remainder ................................................................................
22E .................................................................................................
23, Baird Mountains .......................................................................
23, Noatak River corridor, Squirrel, Eli, and Agashashok River
drainages.
25D west ........................................................................................
26C .................................................................................................
Moose ......
Moose ......
Moose ......
Moose ......
Sheep ......
Caribou ....
Closed from Aug. 1–15 to non-federally qualified users. Nonfederally qualified users may only harvest up to two bucks.
Closed from Sept. 16–30 to non-federally qualified users.
Closed from Oct. 8–21 to non-federally qualified users.
Closed from Dec. 1–31 to non-federally qualified users.
Closed to non-federally qualified users unless the population
estimate exceeds 900 caribou.
Closed from Sep. 21–Aug. 31 to non-federally qualified users.
Closed to non-federally qualified users.
Closed from Oct. 1–Aug. 31 to non-federally qualified users.
Closed to non-federally qualified users during fall season.
Closed except by residents of White Mountain and Golovin during the winter season.
Closed except by residents of Units 22C and 22D.
Closed except by residents of Units 22C and 22D.
Closed to non-federally qualified users.
Closed to non-federally qualified users.
Closed to non-federally qualified users.
Closed to non-federally qualified users.
Moose ......
Muskox ....
Closed except by residents of Unit 25D west and Birch Creek.
Closed to non-federally qualified users.
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:
• § __.24: customary and traditional
use determinations;
• § __.25: general provisions
governing the subsistence take of
wildlife, fish, and shellfish; and
• § __.26: specific provisions
governing the subsistence take of
wildlife.
As such, the text of the proposed
2026–2028 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
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 2024–2026 regulatory period for
wildlife (89 FR 70358, August 29, 2024).
VerDate Sep<11>2014
19:06 Jan 18, 2025
Jkt 265001
......
......
......
......
......
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).
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.
PO 00000
Frm 00085
Fmt 4702
Sfmt 4702
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
E:\FR\FM\21JAP1.SGM
21JAP1
6926
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
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).
ddrumheller on DSK120RN23PROD with PROPOSALS1
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, with
an expiration date of November 30,
2027. 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
VerDate Sep<11>2014
19:06 Jan 18, 2025
Jkt 265001
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, or impact
on the economy. Therefore, 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.
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
PO 00000
Frm 00086
Fmt 4702
Sfmt 4702
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 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
Justin Koller drafted this proposed
rule under the guidance of Crystal
Leonetti of the Office of Subsistence
Management, Department of the
Interior, Office of the Assistant
Secretary for Policy, Management, and
Budget, Anchorage, Alaska. Additional
assistance was provided by:
• Chris McKee, Alaska State Office,
Bureau of Land Management;
• Eva Patton, 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
E:\FR\FM\21JAP1.SGM
21JAP1
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules
242 and 50 CFR part 100 for the 2026–
27 and 2027–28 regulatory years:
Proposed amendments to 36 CFR
242.24 and 242.26 and 50 CFR 100.24
and 100.26 last amended by the final
rule for the 2024–2026 regulatory period
for wildlife (89 FR 70358, August 29,
2024).
Proposed amendments to 36 CFR
242.25 and 50 CFR 100.25 last amended
by the final rule for the 2022–2024
regulatory period for wildlife (87 FR
44858; July 26, 2022).
Crystal Leonetti,
Director, DOI—Office of Subsistence
Management.
Gregory Risdahl,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2025–00434 Filed 1–17–25; 8:45 am]
BILLING CODE 3411–15–P; 4334–13–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2025–6; Order No. 8459]
Periodic Reporting
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is
acknowledging a recent Postal Service
filing requesting the Commission
initiate a rulemaking proceeding to
consider changes to analytical
principles relating to periodic reports.
This document informs the public of the
filing, invites public comment, and
takes other administrative steps.
DATES: Comments are due: February 27,
2025.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
Table of Contents
I. Introduction
II. Proposal
III. Notice and Comment
IV. Information Request
V. Ordering Paragraphs
I. Introduction
On December 19, 2024, the Postal
Service filed a petition pursuant to 39
VerDate Sep<11>2014
19:06 Jan 18, 2025
Jkt 265001
CFR 3050.11 requesting that the
Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
reports.1 The Petition presents an
updated facility rental analysis used to
distribute space provision costs to
individual products in the Annual
Compliance Report. Petition at 1.
II. Proposal
Background. The Postal Service
explains that the recent facility rental
analysis, which was completed in 1992,
was based on Facility Management
System (FMS) data. Id. Proposal at 1
(citing Docket No. R94–1, USPS LR–G–
120, Section IV.). This analysis relied on
a sampling approach to estimate rental
values for 18 facility groupings over a
study period of November 30, 1981, to
November 30, 1991. Petition, Proposal
at 2. The Postal Service notes that the
adjusted results from this analysis were
last used to distribute space provision
costs in Docket No. ACR2023, Library
Reference USPS–FY23–8. Id. at 1. The
Postal Service explains that there are
two analyses in the facility portion of
Library Reference USPS–FY23–8. Id.
The first consists of the results from
an updated Facility Space Usage Study
(FSUS), which was approved by the
Commission via Proposal Nine in
August 2020.2 The results from that
analysis are used to distribute both
space support and space provision
costs. Petition, Proposal at 2.
The second analysis concerns rental
costs and was listed as a near-term
study in response to the Commission’s
request for possible data
improvements.3 The results from this
analysis are used to distribute the space
provision costs only. Petition, Proposal
at 2. The Postal Service identifies the
affected cost segments in Table 1. Id.
The Postal Service identifies three key
limitations of the 1992 rental value
analysis. Id. at 4–5. First, the Postal
Service observes the apparent absence
of a definitive source for nationwide cap
rates, which are used to evaluate real
estate investments that can be
calculated by dividing the net income
from a property (i.e., rent) by its current
1 Petition of the United States Postal Service to
Initiate a Proceeding to Change Analytical
Principles and Notice of Filing Non-Public
Materials, December 19, 2024 (Petition). The
proposed change is attached to the Petition
(Proposal).
2 Id. at 1–2 (citing Docket No. RM2020–1, Order
on Analytical Principles Used in Periodic Reporting
(Proposal Nine), August 17, 2020 (Order No. 5637)).
3 Id. (citing Docket No. RM2022–1, Notice and
Order of Proposed Rulemaking on Periodic
Reporting, October 8, 2021 (Order No. 6004); Docket
No. RM2022–1, Initial Comments of the United
States Postal Service, March 25, 2022, at 10).
PO 00000
Frm 00087
Fmt 4702
Sfmt 4702
6927
market value. Id. at 4. Second, the Postal
Service notes that the FMS ‘‘building
cost’’ (construction costs for the facility
at the time the facility was built or the
acquisition costs at the time the facility
was acquired) and ‘‘land cost’’
(purchase price for the land at the time
the property was acquired) fields
contain cost data that were incurred at
different points in time. Id. at 4–5.
Third, the Postal Service explains that
the definition of ‘‘new’’ buildings
covered a 10-year period (over which
fair market value can change
significantly) and that ‘‘new owned’’
data were used to impute rental values
for ‘‘old owned’’ facilities and were
applied to all ‘‘old’’ properties even
though some facilities were decades
older than other facilities. Id. at 5.
Proposal. Based on the discussion
above, the Postal Service states that it
proposes a simplified and more
representative analysis in which the
rental cost distribution by operation and
function is estimated using Fiscal Year
(FY) 2019 eFMS rental cost data for all
active facilities included in Proposal
Nine. Id. This proposal does not use
sampling methods. Id. The Postal
Service describes the proposed data
sources, organization of the inputs and
outputs, methodology, and
modifications to the facility file
appearing in Library Reference USPS–
FY23–8. Id. at 6–10.
Impact. The Postal Service asserts that
using postal data rather than sampling
would mean that ‘‘subjective inputs,
such as capitalization rates and rent
change factors, are no longer needed.’’
Id. at 1. The Postal Service contends
that its proposal would ‘‘more
accurately represent[ ] market value
rental rates for each operation and
function.’’ Id. at 10. The Postal Service
states that the ‘‘previous methodology
may have overstated the market value
rental rates for plants . . . .’’ Id. The
Postal Service presents Table 2, which
summarizes the 2019 rental cost
distribution by operation and function
(component) that would be generated by
adopting the proposal. Id. at 10, 12. The
Postal Service presents Table 3, which
summarizes the impact that applying
this proposal would have had on the
overall (i.e., across all cost segments)
volume-variable and product-specific
costs for each product in FY 2023.4
Under the proposal, the Postal Service
estimates that attributable costs for
Market Dominant products and
Competitive products would decrease
4 Id. at 10, 13. The Postal Service states that a
more comprehensive version of Table 3, which
includes disaggregated rows for individual
Competitive Products, is provided under seal. Id. at
11.
E:\FR\FM\21JAP1.SGM
21JAP1
Agencies
[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 6922-6927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00434]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Office of Subsistence Management
50 CFR Part 100
[Docket No. DOI-2024-0011; 256D0102DM DS61900000 DMSN00000.000000
DX61901]
RIN 1090-AB29
Subsistence Management Regulations for Public Lands in Alaska--
2026-27 and 2027-28 Subsistence Taking of Wildlife Regulations
AGENCY: Forest Service, Agriculture; Office of Subsistence Management,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, and methods and means related to
taking of wildlife for subsistence uses during the 2026-27 and 2027-28
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 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 (hereafter referred to as ``the Councils'') will receive
comments and make proposals to change this proposed rule during public
meetings held between February 18, 2025, and April 2, 2025. 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 September 16, 2025, and
October 30, 2025 (see Alaska Subsistence Regional Advisory Council
Meetings for 2025; 89 FR 63962; August 06, 2024). The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in Anchorage, Alaska, in April 2026. 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 April 4, 2025.
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 DOI-2024-
0011. 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: Regulations,
Attn: DOI-2024-0011; Office of Subsistence Management; 1011 E Tudor
Road M/S 121, Anchorage AK 99503. If in-person Council meetings are
held, you may also deliver a hard copy to the Designated Federal
Official 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
Office of Subsistence Management, Attention: Crystal Leonetti,
Director; (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. DOI-2024-0011 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 242.1-28 and 50 CFR 100.1-28, respectively.
Consequently, to indicate that identical changes are proposed for
regulations in both titles 36 and 50, in this document we will present
references to specific sections of the
[[Page 6923]]
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;
Five public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture;
The Alaska Regional Director, Bureau of Indian Affairs;
The Alaska State Director, Bureau of Land Management;
The Alaska Regional Director, National Park Service;
The Alaska Regional Director, U.S. Fish and Wildlife
Service; and
The Alaska Regional Forester, U.S. Forest Service.
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 seasons,
limits, and other harvest parameters and requirements.
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 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 at the following locations in
Alaska, on the following dates:
Table 1--Winter 2025 Meetings of the Federal Subsistence Regional Advisory Councils
----------------------------------------------------------------------------------------------------------------
Regional Advisory Council Dates Location
----------------------------------------------------------------------------------------------------------------
Southeast Alaska--Region 1........ March 18-20.............. Sitka.
Southcentral Alaska-Region 2...... March 12-13.............. Cordova.
Kodiak/Aleutians--Region 3........ March 6-7................ Kodiak.
Bristol Bay--Region 4............. February 18-19........... Naknek.
Yukon-Kuskokwim Delta--Region 5... March 4-5................ Bethel.
Western Interior--Region 6........ February 25-26........... Fairbanks.
Seward Peninsula--Region 7........ April 1-2................ Nome.
Northwest Arctic--Region 8........ March 27-28.............. Kotzebue.
Eastern Interior--Region 9........ February 19-20........... Fairbanks.
North Slope--Region 10............ February 27-28........... Utqiagvik.
----------------------------------------------------------------------------------------------------------------
During April 2025, 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, 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 or teleconference meetings in September
through October 2025, to receive comments on specific proposals and to
develop recommendations to the Board on the following dates:
Table 1--Fall 2025 Meetings of the Federal Subsistence Regional Advisory Councils
----------------------------------------------------------------------------------------------------------------
Regional Advisory Council Dates Location
----------------------------------------------------------------------------------------------------------------
Southeast Alaska--Region 1........ October 21-23............ Wrangell.
Southcentral Alaska-Region 2...... October 14-15............ Anchorage.
Kodiak/Aleutians--Region 3........ September 17-18.......... TBD.
Bristol Bay--Region 4............. October 29-30............ Dillingham.
Yukon-Kuskokwim Delta--Region 5... October 21-23............ TBD.
Western Interior--Region 6........ October 7-8.............. Fairbanks.
Seward Peninsula--Region 7........ October 14-15............ Nome.
Northwest Arctic--Region 8........ October 27-28............ Kotzebue.
Eastern Interior--Region 9........ October 8-10............. Tok.
North Slope--Region 10............ September 16-17.......... 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
[[Page 6924]]
issue when the requested information or data is available; it is noted
that any follow-up teleconference would be an exception and must be
approved, in advance, by the Director of 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 April 2026. The Council Chairs, or
their designated representatives, will present their respective
Councils' recommendations at the Board meeting. Additional oral
testimony may be provided on specific proposals before the Board at
that time. At that public meeting, the Board will deliberate and take
final action on proposals received that request changes to this
proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, wildlife harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in 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, subpart C (the regulations governing
customary and traditional use determinations) and 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 2026 meeting, the
Board may defer review and action on some proposals to allow time for
cooperative planning efforts, or to acquire additional needed
information. The Board may elect to defer taking action on any given
proposal if the workload of staff, Councils, or the Board becomes
excessive. These deferrals may be based on recommendations by the
affected Council(s) or staff members, or on the basis of the Board's
intention to do least harm to the subsistence user and the resource
involved. A proponent of a proposal may withdraw the proposal provided
it has not been considered, and a recommendation has not been made, by
a Council. The Board may consider and act on alternatives that address
the intent of a proposal while differing in approach.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via https://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
website. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov at Docket
No. DOI-2024-0011, 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: 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 LaVine, 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 rule, commenting on
proposed changes to the existing rule, engaging in dialogue at the
Regional Council meetings, engaging in dialogue at Board 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 2026-27 and 2027-28 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 preceding year. The Board also addresses customary and
traditional use determinations during the applicable cycle. Nonrural
determinations are
[[Page 6925]]
taken up during every other fish and shellfish cycle, beginning in
2018.
Based on Board policy, the Board reviews each closure to the take
of fish/shellfish and wildlife every 4 years, during each applicable
cycle. The following table lists the current closures being reviewed
for this cycle. In reviewing a closure, the Board may maintain, modify,
or rescind the closure. If a closure is rescinded, the existing
regulations apply, or if no regulations are in place, any changes to 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 a
regulatory change outside the scope of a closure review (i.e., a change
not directly affecting the closure) should submit a regulatory
proposal.
Table 3--Wildlife Closures To Be Reviewed by the Federal Subsistence
Board for the 2026-2027 and 2027-2028 Regulatory Years
------------------------------------------------------------------------
Unit and area descriptor Species Closure
------------------------------------------------------------------------
2.............................. Deer........... Closed from Aug. 1-15
to non-federally
qualified users. Non-
federally qualified
users may only
harvest up to two
bucks.
5A, except Nunatak Bench, east Moose.......... Closed from Sept. 16-
of the Dangerous River. 30 to non-federally
qualified users.
5A, except Nunatak Bench, west Moose.......... Closed from Oct. 8-21
of the Dangerous River. to non-federally
qualified users.
9C, draining into the Naknek Moose.......... Closed from Dec. 1-31
River from the South. to non-federally
qualified users.
17A, 17C, Nushagak Peninsula... Caribou........ Closed to non-
federally qualified
users unless the
population estimate
exceeds 900 caribou.
22A, North..................... Moose.......... Closed from Sep. 21-
Aug. 31 to non-
federally qualified
users.
22A, Unalakleet................ Moose.......... Closed to non-
federally qualified
users.
22A remainder.................. Moose.......... Closed from Oct. 1-
Aug. 31 to non-
federally qualified
users.
22B, west of the Darby Moose.......... Closed to non-
Mountains. federally qualified
users during fall
season.
22B, west of the Darby Moose.......... Closed except by
Mountains. residents of White
Mountain and Golovin
during the winter
season.
22D, Kougarok, Kuzitrin, and Moose.......... Closed except by
Pilgrim River drainages. residents of Units
22C and 22D.
22D, west of Tisuk River Moose.......... Closed except by
drainage and Canyon Creek. residents of Units
22C and 22D.
22D remainder.................. Moose.......... Closed to non-
federally qualified
users.
22E............................ Moose.......... Closed to non-
federally qualified
users.
23, Baird Mountains............ Sheep.......... Closed to non-
federally qualified
users.
23, Noatak River corridor, Caribou........ Closed to non-
Squirrel, Eli, and Agashashok federally qualified
River drainages. users.
25D west....................... Moose.......... Closed except by
residents of Unit 25D
west and Birch Creek.
26C............................ Muskox......... Closed to non-
federally qualified
users.
------------------------------------------------------------------------
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 2026-2028 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
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 2024-2026 regulatory
period for wildlife (89 FR 70358, August 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).
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
[[Page 6926]]
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 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, with an expiration date of November 30, 2027.
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, or
impact on the economy. Therefore, 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.
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
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 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
Justin Koller drafted this proposed rule under the guidance of
Crystal Leonetti of the Office of Subsistence Management, Department of
the Interior, Office of the Assistant Secretary for Policy, Management,
and Budget, Anchorage, Alaska. Additional assistance was provided by:
Chris McKee, Alaska State Office, Bureau of Land
Management;
Eva Patton, 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
[[Page 6927]]
242 and 50 CFR part 100 for the 2026-27 and 2027-28 regulatory years:
Proposed amendments to 36 CFR 242.24 and 242.26 and 50 CFR 100.24
and 100.26 last amended by the final rule for the 2024-2026 regulatory
period for wildlife (89 FR 70358, August 29, 2024).
Proposed amendments to 36 CFR 242.25 and 50 CFR 100.25 last amended
by the final rule for the 2022-2024 regulatory period for wildlife (87
FR 44858; July 26, 2022).
Crystal Leonetti,
Director, DOI--Office of Subsistence Management.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2025-00434 Filed 1-17-25; 8:45 am]
BILLING CODE 3411-15-P; 4334-13-P