Proposed Rule2023-03825
Subsistence Management Regulations for Public Lands in Alaska-2024-25 and 2025-26 Subsistence Taking of Wildlife Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 27, 2023
Issuing agencies
Agriculture DepartmentForest ServiceInterior DepartmentFish and Wildlife Service
Abstract
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 2024-25 and 2025-26 regulatory years. The Federal Subsistence Board (Board) is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This proposed rule could also amend the general regulations on subsistence taking of fish and wildlife.
Full Text
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<title>Federal Register, Volume 88 Issue 38 (Monday, February 27, 2023)</title>
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[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Proposed Rules]
[Pages 12285-12293]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03825]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS-R7-SM-2022-0105; FXRS12610700000 FF07J00000 234]
RIN 1018-BG72
Subsistence Management Regulations for Public Lands in Alaska--
2024-25 and 2025-26 Subsistence Taking of Wildlife Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, and methods and means related to
taking of wildlife for subsistence uses during the 2024-25 and 2025-26
regulatory years. The Federal Subsistence Board (Board) is on a
schedule of completing the process of revising subsistence taking of
wildlife regulations in even-numbered years and subsistence taking of
fish and shellfish regulations in odd-numbered years; public proposal
and review processes take place during the preceding year. The Board
also addresses customary and traditional use determinations during the
applicable cycle. When final, the resulting rulemaking will replace the
existing subsistence wildlife taking regulations. This proposed rule
could also amend the general regulations on subsistence taking of fish
and wildlife.
DATES:
Public meetings: The Federal Subsistence Regional Advisory Councils
(Councils) will hold public meetings to receive comments and make
proposals to change this proposed rule February 22 through April 4,
2023, and will hold another round of public meetings to discuss and
receive comments on the proposals, and make recommendations on the
proposals to the Federal Subsistence Board, on several dates between
September 19 and November 1, 2023. The Board will discuss and evaluate
proposed regulatory changes during a public meeting in Anchorage, AK,
in April 2024. 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 12, 2023.
Information collection requirements: If you wish to comment on the
information collection requirements in this proposed rule, please note
that the Office of Management and Budget (OMB) is required to make a
decision concerning the collection of information contained in this
proposed rule between 30 and 60 days after publication of this proposed
rule in the Federal Register. Therefore, comments should be submitted
to the Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, (see ``Information Collection'' section below under
ADDRESSES) by April 28, 2023.
ADDRESSES:
Public meetings: The public meetings of the Federal Subsistence
Board and the Federal Subsistence Regional Advisory Councils 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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter Docket number FWS-R7-SM-
2022-0105. Then, click on the Search
[[Page 12286]]
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-2022-0105; U.S. Fish and Wildlife Service;
5275 Leesburg Pike, MS: PRB (JAO/3W); Falls Church, VA 22041-3803.
If in-person Federal Subsistence Regional Advisory Council meetings
are held, you may also deliver a hard copy to the Designated Federal
Official attending any of the Council public meetings. See
SUPPLEMENTARY INFORMATION for additional information on locations of
the public meetings.
We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see the Public Review Process section below for more information).
Information collection requirements: Send your comments on the
information collection request by mail to the Service Information
Collection Clearance Officer, U.S. Fish and Wildlife Service, by email
to <a href="/cdn-cgi/l/email-protection#98d1f6fef7c7dbf7f4f4d8feefebb6fff7ee"><span class="__cf_email__" data-cfemail="6a23040c0535290506062a0c1d19440d051c">[email protected]</span></a>; or by mail to 5275 Leesburg Pike, MS: PRB (JAO/
3W), Falls Church, VA 22041-3803. Please reference OMB Control Number
1018-0075 in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Sue Detwiler, Assistant
Regional Director, Office of Subsistence Management; (907) 786-3888 or
<a href="/cdn-cgi/l/email-protection#26555344554f5552434845436640515508414950"><span class="__cf_email__" data-cfemail="2e5d5b4c5d475d5a4b404d4b6e48595d00494158">[email protected]</span></a>. For questions specific to National Forest System
lands, contact Gregory Risdahl, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 302-7354 or
<a href="/cdn-cgi/l/email-protection#b1d6c3d4d6dec3c89fc3d8c2d5d0d9ddf1c4c2d5d09fd6dec7"><span class="__cf_email__" data-cfemail="98ffeafdfff7eae1b6eaf1ebfcf9f0f4d8edebfcf9b6fff7ee">[email protected]</span></a>. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Under title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA; 16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (hereafter referred to as ``the
Secretaries'') jointly implement the Federal Subsistence Management
Program (hereafter referred to as ``the Program''). The Program
provides a preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. Only
Alaska residents of areas identified as rural are eligible to
participate in the Program. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
22940). Program officials have subsequently amended these regulations a
number of times.
Because the Program is a joint effort between the Departments of
the Interior and Agriculture, these regulations are located in two
titles of the Code of Federal Regulations (CFR): The Agriculture
regulations are at title 36, ``Parks, Forests, and Public Property,''
and the Interior regulations are at title 50, ``Wildlife and
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively.
Consequently, to indicate that identical changes are proposed for
regulations in both titles 36 and 50, in this document we will present
references to specific sections of the CFR as shown in the following
example: Sec. __.24.
The Program regulations contain subparts as follows: Subpart A,
General Provisions; Subpart B, Program Structure; Subpart C, Board
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Program. The
Board comprises:
<bullet> A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
<bullet> The Alaska Regional Director, U.S. Fish and Wildlife
Service;
<bullet> The Alaska Regional Director, National Park Service;
<bullet> The Alaska State Director, Bureau of Land Management;
<bullet> The Alaska Regional Director, Bureau of Indian Affairs;
<bullet> The Alaska Regional Forester, USDA Forest Service; and
<bullet> Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D. Subpart C sets
forth important Board determinations regarding program eligibility,
i.e., which areas of Alaska are considered rural and which species are
harvested in those areas as part of a ``customary and traditional use''
for subsistence purposes. Subpart D sets forth specific harvest seasons
and limits.
In administering the Program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Federal Subsistence Regional Advisory Council. The Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Council members represent varied geographical, cultural, and user
interests within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Federal Subsistence Regional Advisory Councils will have a
substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Councils, will hold public meetings, or teleconference
meetings if public health and safety restrictions are in effect, on
this proposed rule at the following locations in Alaska, on the
following dates:
Region 1--Southeast Regional Council Juneau February 28, 2023
Region 2--Southcentral Regional Council Anchorage March 15, 2023
Region 3--Kodiak/Aleutians Regional Council Kodiak March 29, 2023
Region 4--Bristol Bay Regional Council Naknek March 8, 2023
Region 5--Yukon-Kuskokwim Delta Regional Council St. Mary's April 4,
2023
Region 6--Western Interior Regional Council Aniak April 4, 2023
Region 7--Seward Peninsula Regional Council Nome March 22, 2023
Region 8--Northwest Arctic Regional Council Kotzebue March 6, 2023
Region 9--Eastern Interior Regional Council Arctic Village March 1,
2023
Region 10--North Slope Regional Council Kaktovik February 22, 2023
During April 2023, 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
[[Page 12287]]
or teleconference meetings in September through November 2023, to
receive comments on specific proposals and to develop recommendations
to the Board on the following dates:
Region 1--Southeast Regional Council Sitka October 24, 2023
Region 2--Southcentral Regional Council Kenai October 2, 2023
Region 3--Kodiak/Aleutians Regional Council King Cove September 19,
2023
Region 4--Bristol Bay Regional Council Dillingham October 24, 2023
Region 5--Yukon-Kuskokwim Delta Regional Council Anchorage October 10,
2023
Region 6--Western Interior Regional Council Fairbanks October 11, 2023
Region 7--Seward Peninsula Regional Council Nome November 1, 2023
Region 8--Northwest Arctic Regional Council Kotzebue October 16, 2023
Region 9--Eastern Interior Regional Council Tok October 4, 2023
Region 10--North Slope Regional Council Utqiagvik November 1, 2023
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to both series of
meetings; in addition, this information will be shared on local radio
and television announcements and postings to social media and the
program website at <a href="https://www.doi.gov/subsistence/regions">https://www.doi.gov/subsistence/regions</a>. Locations
and dates may change based on weather or local circumstances, and
teleconferences will substitute for in-person meetings based on current
public health and safety restrictions in effect. In the case of
teleconferences, 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 prior to each meeting.
The amount of work on each Council's agenda determines the length
of each Council meeting, but typically the meetings are scheduled to
last 2 days. Occasionally a Council will lack information necessary
during a scheduled meeting to make a recommendation to the Board or to
provide comments on other matters affecting subsistence in the region.
If this situation occurs, the Council may announce on the record a
later teleconference to address the specific issue when the requested
information or data is available; please note that any 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 would be open to the public, along
with opportunities for public comment; the date and time would be
announced during the scheduled meeting, and that same information would
be announced through news releases and local radio, television, and
social media ads.
The Board will discuss and evaluate proposed changes to the
subsistence management regulations during a public meeting scheduled to
be held in Anchorage, Alaska, in April 2024. The Federal Subsistence
Regional Advisory Council Chairs, or their designated representatives,
will present their respective Councils' recommendations at the Board
meeting. Additional oral testimony may be provided on specific
proposals before the Board at that time. At that public meeting, the
Board will deliberate and take final action on proposals received that
request changes to this proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, wildlife harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requester;
b. Each section and/or paragraph designation in this proposed rule
for which changes are suggested, if applicable;
c. A description of the regulatory change(s) desired;
d. A statement explaining why each change is necessary;
e. Proposed wording changes; and
f. Any additional information that you believe will help the Board
in evaluating the proposed change.
The Board immediately rejects proposals that fail to include the
above information, or proposals that are beyond the scope of
authorities in Sec. _.24, subpart C (the regulations governing
customary and traditional use determinations) and Sec. Sec. _.25 and
_.26 of subpart D (the general and specific regulations governing the
subsistence take of wildlife). If a proposal needs clarification, prior
to being distributed for public review, the proponent may be contacted,
and the proposal could be revised based on their input. Once a proposal
is distributed for public review, no additional changes may be made as
part of the original submission. During the April 2024 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a> at
Docket No. FWS-R7-SM-2022-0105, 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 Federal Subsistence Board is committed to providing access to
these meetings for all participants. Please direct all requests for
sign language interpreting services, closed captioning, or other
accommodation needs to Robbin LaVine, 907-786-3880,
<a href="/cdn-cgi/l/email-protection#acdfd9cedfc5dfd8c9c2cfc9eccadbdf82cbc3da"><span class="__cf_email__" data-cfemail="a2d1d7c0d1cbd1d6c7ccc1c7e2c4d5d18cc5cdd4">[email protected]</span></a>, 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 (Tribes) as listed in 82 FR 4915 (January 17, 2017).
Consultation with Alaska Native corporations is based on Public Law
[[Page 12288]]
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.''
ANILCA does not provide specific rights to Tribes for the
subsistence taking of wildlife, fish, and shellfish. However, because
Tribal members are affected by subsistence fishing, hunting, and
trapping regulations, the Secretaries, through the Board, will provide
federally recognized Tribes and Alaska Native corporations an
opportunity to consult on this proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board provides a variety of opportunities for
consultation: proposing changes to the existing rule; commenting on
proposed changes to the existing rule; engaging in dialogue at the
Regional Council meetings; engaging in dialogue at the Board's
meetings; and providing input in person, by mail, email, or phone at
any time during the rulemaking process. The Board will commit to
efficiently and adequately providing an opportunity to Tribes and
Alaska Native corporations for consultation in regard to subsistence
rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the 2024-25 and 2025-26 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.
Based on Board policy, the Board reviews closures to the take of
fish/shellfish and wildlife 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 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 1--Wildlife Closures To Be Reviewed by the Federal Subsistence Board for the 2024-2025 and 2025-2026
Regulatory Years
----------------------------------------------------------------------------------------------------------------
Unit and area descriptor Species Closure
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7, draining into King's Bay............. Moose...................... Closed except for residents of Chenega
Bay and Tatitlek.
9C, remainder........................... Caribou.................... Closed except for residents of Unit 9C
and Egegik.
9C, remainder........................... Caribou.................... Closed except for residents of Unit 9C
and Egegik.
22B..................................... Musk ox.................... Closed to non-federally qualified users.
22D, remainder.......................... Moose...................... Closed to non-federally qualified users.
23, south of Kotzebue Sound and west of Musk ox.................... Closed to non-federally qualified users.
and including the Buckland River
drainage.
24, Kanuti Controlled Use Area.......... Moose...................... Closed to non-federally qualified users.
25A, Arctic Village Sheep Management Sheep...................... Closed to non-federally qualified users.
Area.
22D, west of the Tisuk River drainage Musk ox.................... Closed except for residents of Nome and
and Canyon Creek. Teller.
22D, remainder.......................... Musk ox.................... Closed except for residents of Elim,
White Mountain, Nome, Teller, and Brevig
Mission.
22E..................................... Musk ox.................... Closed to non-federally qualified users.
26B, remainder and 26C.................. Moose...................... Closed except for residents of Kaktovik.
12, east of the Nabesna River and the Caribou (Chisana caribou Closed to non-federally qualified users.
Nabesna Glacier and south of the Winter herd).
Trail running southeast from Pickerel
Lake to the Canadian border.
18, Kuskokwim River hunt area........... Moose...................... Closed except for residents of
Tuntutuliak, Eek, Napakiak, Napaskiak,
Kasigluk, Nunapitchuk, Atmautlauk,
Oscarville, Bethel, Kwethluk, Akiachak,
Akiak, Tuluksak, Lower Kalskag, and
Kalskag.
6C...................................... Moose...................... Closed to non-federally qualified users
during the months of November and
December.
12, within Wrangell-St. Elias National Caribou (Mentasta caribou Closed to all users.
Park that lies west of the Nabesna herd).
River and the Nabesna Glacier.
19A, remainder.......................... Moose...................... Closed except for residents of Tuluksak,
Lower Kalskag, Upper Kalskag, Aniak,
Chuathbaluk, and Crooked Creek.
22D, Kuzitrin River drainage............ Musk ox.................... Closed except for residents of Council,
Golovin, White Mountain, Nome, Teller,
and Brevig Mission.
----------------------------------------------------------------------------------------------------------------
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:
<bullet> Sec. _.24: customary and traditional use determinations;
[[Page 12289]]
<bullet> Sec. _.25: general provisions governing the subsistence
take of wildlife, fish, and shellfish; and
<bullet> Sec. _.26: specific provisions governing the subsistence
take of wildlife.
As such, the text of the proposed 2024-26 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 citation shows when these CFR sections
were last revised. Therefore, the regulations established by the cited
final rule constitute the text of this proposed rule:
The text of the proposed amendments to 36 CFR 242.24, 242.25, and
242.26 and 50 CFR 100.24, 100.25, and 100.26 is the final rule for the
2022-2024 regulatory period for wildlife (87 FR 44846, July 26, 2022).
The regulations established by the July 26, 2022, final rule (87 FR
44846) will remain in effect until subsequent Board action changes
elements of them as a result of the public review process outlined
above in this document and a final rule is published.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A draft environmental impact statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The final
environmental impact statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
finding of no significant impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence uses, but will
not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of the
subsistence program regulations was conducted in accordance with
section 810. That evaluation also supported the Secretaries'
determination that the regulations will not reach the ``may
significantly restrict'' threshold that would require notice and
hearings under ANILCA section 810(a).
Paperwork Reduction Act of 1995 (PRA)
This proposed rule contains existing and new information
collections. All information collections require approval by the Office
of Management and Budget (OMB) under the Paperwork Reduction Act of
1995 (PRA, 44 U.S.C. 3501 et seq.). 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. The OMB has reviewed
and approved the information collection requirements associated with
subsistence management regulations on public lands in Alaska and
assigned the OMB Control Number 1018-0075.
In accordance with the PRA and its implementing regulations at 5
CFR 1320.8(d)(1), we provide the general public and other Federal
agencies with an opportunity to comment on our proposal to renew, with
revisions, OMB Control Number 1018-0075. This input will help us assess
the impact of our information collection requirements and minimize the
public's reporting burden, and it will help the public understand these
requirements and provide the requested data in the desired format.
As part of our continuing effort to reduce paperwork and respondent
burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the
public and other Federal agencies to comment on any aspect of this
proposed information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of response.
Comments that you submit in response to this proposed rulemaking
are a matter of public record. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
We also propose to renew the existing reporting and/or
recordkeeping requirements identified below:
(1) Form 3-2326, ``Federal Subsistence Hunt Application, Permit,
and Report''--Completed by Federally qualified subsistence users who
want to harvest wildlife.
<bullet> Applicants provide information on the permit to identify:
(1) They are a federally qualified subsistence user;
(2) Their community of primary residence for community harvest
allocations; and
(3) The unit, season, hunt number, and permit number.
<bullet> Question 1 identifies whether the applicant hunted or used
a designated hunter.
<bullet> Questions 2a through 2e identify success rates by time,
location, and take of animal.
<bullet> Question 3 identifies date of take and biological data of
animal.
(2) Form 3-2327, ``Designated Hunter Application, Permit, and
Report''--Completed by Federally qualified subsistence users who want
to harvest wildlife for other federally qualified subsistence users.
<bullet> Applicants provide information on the permit to identify:
(1) They are a federally qualified subsistence user;
[[Page 12290]]
(2) Their community of primary residence for community harvest
allocations; and
(3) The unit, season, hunt number, and permit number.
<bullet> Applicants provide a list of names of other persons they
hunted for, their harvest ticket/registration permit and their
community to ensure they are federally qualified subsistence users.
<bullet> Remaining information provides harvest data such as unit,
drainage or specific location, and number, by sex, of animals taken.
(3) Form 3-2328, ``Federal Subsistence Fishing Application, Permit,
and Report''--Completed by federally qualified subsistence users who
want to harvest fish.
<bullet> Applicants provide information on the permit to identify:
(1) They are a federally qualified subsistence user;
(2) Their community of primary residence for community harvest
allocations; and
(3) The unit, season, hunt number, and permit number.
<bullet> Remaining information identifies dates, locations, types
of gear, fish species, and number of fish harvested for biological and
anthropological analysis.
<bullet> Depending on in-season management requirements, a
condition may be included for certain fisheries that requires a time-
specific reporting requirement. This management tool is used only when
conservation concerns exist that may require the emergency closure of
the fishery to prevent overharvest.
<bullet> Must be completed and returned by date designated on
permit.
(4) Form 3-2378, ``Designated Fishing Application, Permit, and
Report''--Completed by federally qualified subsistence users who want
to harvest fish for other federally qualified subsistence users.
Federally qualified subsistence users may designate another federally
qualified subsistence user to take fish on their behalf. The designated
subsistence user must obtain a designated harvest permit prior to
attempting to harvest fish and must return a completed harvest report.
The designated subsistence user may fish for any number of
beneficiaries but may have no more than two harvest limits in their
possession at any one time. Subsistence users may not designate more
than one person to take or attempt to take fish on their behalf at one
time. Subsistence users may not personally take or attempt to take fish
at the same time that their designated subsistence user is taking or
attempting to take fish on their behalf.
<bullet> Applicants provide information on the permit to identify:
(1) They are a federally qualified subsistence user;
(2) Their community of primary residence for community harvest
allocations; and
(3) The unit, season, hunt number, and permit number.
<bullet> Applicants identify both for whom they fished and their
subsistence permit number. The permit number verifies they are
federally qualified users and tracks usage by communities.
<bullet> Remaining information tracks species taken, number
retained, and gear for biological and anthropological analysis.
(5) Form 3-2379, ``Federal Subsistence Customary Trade
Recordkeeping Form''--Completed by federally qualified subsistence
users who want to take part in customary trade. Staff anthropologists
use the information to make customary and traditional use
determinations and to write an analysis based on the provisions in
section 804 of ANILCA. These analyses further reduce the pool of
eligible subsistence users and may allocate harvests by community, in
part, based on documented uses of the resource.
<bullet> Applicants provide information on the permit to identify:
(1) They are a federally qualified subsistence user;
(2) Their community of primary residence for community harvest
allocations; and
(3) The unit, season, hunt number, and permit number.
<bullet> Remaining information tracks date of sales, buyers, and
buyers' addresses, total dollar amount, species taken, and fish parts.
(6) Petition to Repeal Subsistence Rules and Regulations (Nonform
Requirement)--If the State of Alaska enacts and implements laws that
are consistent with sections 803, 804, and 805 of ANILCA, the State may
submit a petition to the Secretary of the Interior for repeal of
Federal subsistence rules. The State's petition shall:
(1) Be submitted to the Secretary of the Interior and the Secretary
of Agriculture;
(2) Include the entire text of applicable State legislation
indicating compliance with sections 803, 804, and 805 of ANILCA; and
(3) Set forth all data and arguments available to the State in
support of legislative compliance with sections 803, 804, and 805 of
ANILCA.
If the Secretaries find that the State's petition contains adequate
justification, a rulemaking proceeding for repeal of the regulations in
this part will be initiated. If the Secretaries find that the State's
petition does not contain adequate justification, the petition will be
denied by letter or other notice, with a statement of the ground for
denial.
(7) Propose Changes to Federal Subsistence Regulations--The Board
will accept proposals for changes to the Federal subsistence
regulations in subparts C or D of 356 CFR part 242 or 50 CFR part 100
according to a published schedule, except for proposals for emergency
and temporary special actions, which the Board will accept according to
procedures set forth in Sec. _.19. Members of the public may propose
changes to the subsistence regulations by providing:
<bullet> Contact information (name, organization, address, phone
number, fax number, email address).
<bullet> Type of change (harvest season, harvest limit, method and
means of harvest, customary and traditional use determination).
<bullet> Regulation to be changed.
<bullet> Language for proposed regulation.
<bullet> Why the change should be made.
<bullet> Impact on populations.
<bullet> How the change will affect subsistence uses.
<bullet> How the change will affect other uses.
<bullet> Communities that have used the resource.
<bullet> Where the resource has been harvested.
<bullet> Months in which the resource has been harvested.
(8) Proposals for Emergency or Temporary Special Actions--A special
action is an out-of-cycle change in a season, harvest limit, or method
of harvest. The Federal Subsistence Board may take a special action to
restrict, close, open, or reopen the taking of fish and wildlife on
Federal public lands: (1) to ensure the continued viability of a
particular fish or wildlife population; (2) to ensure continued
subsistence use; and (3) for reasons of public safety or
administration. Members of the public may request a special action by
providing:
<bullet> Contact information (name, organization, address,
telephone number, fax number, email address).
<bullet> Description of the requested action.
<bullet> Any unusual or significant changes in resource abundance
or unusual conditions affecting harvest opportunities that could not
reasonably have been anticipated and that potentially could have
significant adverse effects on the health of fish and wildlife
populations or subsistence users.
[[Page 12291]]
<bullet> The necessity of the requested action if required for
reasons of public safety or administration.
<bullet> Extenuating circumstances that necessitate a regulatory
change before the next regulatory review.
(9) Requests for Reconsideration--Any person adversely affected by
a new regulation may request that the Federal Subsistence Board
reconsider its decision by filing a written request within 60 days
after a regulation takes effect or is published in the Federal
Register, whichever comes first. Requests for reconsideration must
provide the Board with sufficient narrative evidence and argument to
show why the action by the Board should be reconsidered. The Board will
accept a request for reconsideration only if it is based upon
information not previously considered by the Board, demonstrates that
the existing information used by the Board is incorrect, or
demonstrates that the Board's interpretation of information, applicable
law, or regulation is in error or contrary to existing law. Requests
for reconsideration must include:
<bullet> Contact information (name, organization, address,
telephone number, fax number, email address).
<bullet> Regulation and the date of Federal Register publication.
<bullet> Statement of how the person is adversely affected by the
action.
<bullet> Statement of the issues raised by the action, with
specific reference to: (1) information not previously considered by the
Board; (2) information used by the Board that is incorrect; and (3) how
the Board's interpretation of information, applicable law, or
regulation is in error or contrary to existing law.
(10) Other Permits and Reports
a. Traditional/Cultural/Educational Permits--Organizations desiring
to harvest fish or wildlife for traditional, cultural, or educational
reasons must provide a letter stating that the requesting program has
instructors, enrolled students, minimum attendance requirements, and
standards for successful completion. Harvest must be reported, and any
animals harvested will count against any established Federal harvest
quota for the area in which it is harvested.
b. Fishwheel, Fyke Net, and Under Ice Permits--Persons who want to
set up and operate fishwheels and fyke nets, or use a net under the ice
must provide:
(1) Name and contact information and other household member who
will use the equipment. Fishwheels must be marked with registration
permit number; organization's name and address (if applicable), and
primary contact person name and telephone number; under ice nets must
be marked with the permittee's name and address.
(2) Species of fish take, number of fish taken, and dates of use.
The new reporting and/or recordkeeping requirements identified
below require approval by OMB:
(1) Reports and Recommendations--Subsistence Regional Advisory
Councils are required to send an annual report to the Federal
Subsistence Board informing them of regional concerns or problems
pertaining to subsistence on Federal public lands. In turn, the Board
is required to respond to each of the Councils' annual reports and
address their concerns and possible courses of actions or solutions.
(2) Customary Trade Sales--The Board manages each region
differently regarding customary trade, based primarily on cultural
beliefs and traditional practices. As needed, decisions also include
conservation concerns. This requirement is in place to monitor
customary trade and ensure that subsistence resources are for
subsistence users and not commercial trade.
(3) Transfer of Subsistence-Caught Fish, Wildlife, or Shellfish--
This reporting requirement safeguards the harvester and individual who
receives the harvested animal. It protects both parties to show that an
illegal commercial enterprise is not ongoing or that the animal was not
poached.
(4) Meeting Request--The Board shall meet at least twice per year
and at such other times as deemed necessary. Meetings shall occur at
the call of the Chair, but any member may request a meeting. There is
no specified format to request a meeting. Usually, the Service
recommends to the Board that they have a meeting on a special topic,
such as pending litigation. This is not a common occurrence.
(5) Cooperative Agreements--The Board may enter into cooperative
agreements or otherwise cooperate with Federal agencies, the State,
Native organizations, local governmental entities, and other persons
and organizations, including international entities to effectuate the
purposes and policies of the Federal subsistence management program or
to coordinate respective management responsibilities. Currently,
cooperative agreements are not generally used, and we are reporting a
placeholder burden of one response.
(6) Alternative Permitting Processes--Developing alternative
permitting processes relating to the subsistence taking of fish and
wildlife ensures continued opportunities for subsistence. Currently,
this requirement is not generally used and we are reporting a
placeholder burden of one response in our burden estimate.
(7) Request for Individual Customary and Traditional Use
Determinations--The Federal Subsistence Board has determined that rural
Alaska residents of the listed communities, areas, and individuals have
customary and traditional use of the specified species on Federal
public land in the specified areas. Persons granted individual
customary and traditional use determinations will be notified in
writing by the Board. The Service and the local NPS Superintendent will
maintain the list of individuals having customary and traditional use
on National Parks and Monuments. A copy of the list is available upon
request. Currently, this requirement is not generally used, and we are
reporting a placeholder burden of one response in our burden estimate.
(8) Management Plans--Management plans are not routinely used. When
created by the State or Alaska Native communities for overall
management of a specific area, the plans are submitted to the
appropriate Federal agencies for review/comment. Currently, this
requirement is not generally used, and we are reporting a placeholder
burden of one response in our burden estimate.
(9) Labeling/Marking Requirements
<bullet> Bear Baiting--The requirement to mark bear baiting
stations and provide contact information is for public safety since
attempting to draw bears into a certain area could cause a significant
hazard for the public not involved in hunting activities. Requirements
to register a bait station with the State is to provide a single
location for the public to find information of possible hazards prior
to using public lands.
<bullet> Evidence of sex and identity--In certain areas and with
certain species of both wildlife and fish, evidence of sex and identity
are required for biological purposes and the data is used for future
management decisions. This information is critical to assist in
assessing the health of a population, the male/female ratios, ages of
harvested animals, identifying different genetic populations, and other
important factors needed for sound management decisions.
<bullet> Marking of fish gear--The marking of various fishing gear
types (fishwheels, crab pots, certain types of nets or their supporting
buoys, stakes, etc.) with contact information is based on the fact that
these gear types are generally unattended while catching fish. This
information is used to differentiate between users harvesting under
Federal or State regulations and
[[Page 12292]]
also to protect the owners of the gear should it be damaged or carried
away. The contact information can be used to return the often expensive
gear to the proper owner. Requirements as to the location of the
contact information on the gear types is to ease the task of field
managers so they can, if needed, identify gear from a boat and not have
to land to search for the contact information. In marine waters, the
information is used by the USCG for safety in navigation concerns. The
above reasons also hold true regarding registering a fishwheel with the
State or the Federal program.
<bullet> Marking of subsistence-caught fish--Requirements in
certain areas to mark subsistence-caught fish by removal of the tips of
the tail or dorsal fin is used to identify fish harvested under Federal
regulations and not under State sport or commercial regulations. This
is needed as Federal subsistence harvest limits are often larger than
sport fishing bag limits and protects the user from possible citations
from State law enforcement.
<bullet> Sealing requirements--Sealing requirements for animals,
primarily bears and wolves, differ in parts of the State. This
requirement not only allows biologists to gather important data to
evaluate the health of the various populations but is also integral in
preventing the illegal harvest and trafficking of animals and their
parts reporting a placeholder burden of one response in our burden
estimate.
(10) 3rd Party Notifications (Tags, Marks, or Collar Notification
and Return)--Users must present the tags, markings, or collars to
ADF&G, or the agency conducting the research. Much of this equipment
may be used again, and the information regarding the take of the animal
is important to management decisions.
Copies of the forms used with this information collection are
available to the public by submitting a request to the Service
Information Collection Clearance Officer using one of the methods
identified in ADDRESSES.
Title of Collection: Federal Subsistence Regulations and Associated
Forms, 50 CFR part 100 and 36 CFR part 242.
OMB Control Number: 1018-0075.
Form Numbers: Forms 3-2300, 3-2321 through 3-2323, 3-2326 through
3-2328, 3-2378, and 3-2379.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Individuals and State, local, and
Tribal governments. Most respondents are individuals who are federally
defined rural residents in Alaska.
Total Estimated Number of Annual Respondents: 15,426.
Total Estimated Number of Annual Responses: 15,426.
Estimated Completion Time per Response: Varies from 5 minutes to 40
hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 6,947.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion for applications; annually or
on occasion for reports, recordkeeping, and labeling/marking
requirements.
Total Estimated Annual Non-hour Burden Cost: None.
Send your written comments and suggestions on this information
collection by the date indicated in DATES to the Service Information
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB/
PERMA (JAO), 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or
by email to <a href="/cdn-cgi/l/email-protection#bdf4d3dbd2e2fed2d1d1fddbcace93dad2cb"><span class="__cf_email__" data-cfemail="01486f676e5e426e6d6d416776722f666e77">[email protected]</span></a>. Please reference OMB Control Number
1018-0075 in the subject line of your comments.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this proposed
rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant economic impact on a substantial number of small entities,
which include small businesses, organizations, or governmental
jurisdictions. In general, the resources to be harvested under this
proposed rule are already being harvested and consumed by the local
harvester and do not result in an additional dollar benefit to the
economy. However, we estimate that two million pounds of meat are
harvested by subsistence users annually and, if given an estimated
dollar value of $3.00 per pound, this amount would equate to about $6
million in food value statewide. Based upon the amounts and values
cited above, the Departments certify that this rulemaking will not have
a significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act.
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 proposed
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 proposed rule would be 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, this proposed rule does
not have
[[Page 12293]]
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
Theo Matuskowitz drafted this proposed rule under the guidance of
Sue Detwiler of the Office of Subsistence Management, Alaska Regional
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional
assistance was provided by:
<bullet> Chris McKee, Alaska State Office, Bureau of Land
Management;
<bullet> Eva Patton, Alaska Regional Office, National Park Service;
<bullet> Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
<bullet> Jill Klein, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
<bullet> 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
0
For the reasons set out in the preamble, the Federal Subsistence Board
proposes to amend 36 CFR part 242 and 50 CFR part 100 for the 2024-25
and 2025-26 regulatory years:
The text of the proposed amendments to 36 CFR 242.24, 242.25, and
242.26 and 50 CFR 100.24, 100.25, and 100.26 is the final rule for the
2022-2024 regulatory period for wildlife (87 FR 44846, July 26, 2022).
Sue Detwiler,
Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2023-03825 Filed 2-24-23; 8:45 am]
BILLING CODE 4333-15-P, 3411-15-P
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</html>Indexed from Federal Register on February 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.