Proposed Rule2024-05821
Subsistence Management Regulations for Public Lands in Alaska-2025-26 and 2026-27 Subsistence Taking of Fish and Shellfish 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
March 22, 2024
Issuing agencies
Agriculture DepartmentForest ServiceInterior DepartmentFish and Wildlife Service
Abstract
This proposed rule revises regulations for fish and shellfish seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2025-2026 and 2026-2027 regulatory years. The Federal Subsistence Board (hereafter referred to as "the Board") is on a schedule of completing the process of revising subsistence taking of fish and shellfish regulations in odd- numbered years and subsistence taking of wildlife regulations in even- numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking replaces the existing subsistence fish and shellfish taking regulations. This proposed rule may also amend the general regulations on subsistence taking of fish and wildlife.
Full Text
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<title>Federal Register, Volume 89 Issue 57 (Friday, March 22, 2024)</title>
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[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Proposed Rules]
[Pages 20380-20384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05821]
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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-2023-0214; FXFR13350700640-245-FF07J00000]
RIN 1018-BH14
Subsistence Management Regulations for Public Lands in Alaska--
2025-26 and 2026-27 Subsistence Taking of Fish and Shellfish
Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule revises regulations for fish and shellfish
seasons, harvest limits, methods, and means related to taking of fish
and shellfish for subsistence uses during the 2025-2026 and 2026-2027
regulatory years. The Federal Subsistence Board (hereafter referred to
as ``the Board'') is on a schedule of completing the process of
revising subsistence taking of fish and shellfish regulations in odd-
numbered years and subsistence taking of wildlife regulations in even-
numbered years; public proposal and review processes take place during
the preceding year. The Board also addresses customary and traditional
use determinations during the applicable cycle. When final, the
resulting rulemaking replaces the existing subsistence fish and
shellfish taking regulations. This proposed rule may also amend the
general regulations on subsistence taking of fish and wildlife.
DATES:
Public meetings: The Federal Subsistence Regional Advisory Councils
(hereafter referred to as ``the Councils'') will receive comments and
make proposals to change this proposed rule at the concurrent sessions
during a joint All-Council public meeting March 5-8, 2024, in
Anchorage. The Councils will hold another round of public meetings to
discuss and receive comments on the proposals and make recommendations
on the proposals to the Board on several dates between August 19 and
November 1, 2024 (see Alaska Subsistence Regional Advisory Council
Meetings for 2024; 89 FR 10095; February 13, 2024). The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in Anchorage, Alaska, in January 2025. See SUPPLEMENTARY
INFORMATION for specific information on dates and locations of the
public meetings.
Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by May 21, 2024.
ADDRESSES: Public meetings: The Board and the Councils' public meetings
are held at various locations in Alaska. See SUPPLEMENTARY INFORMATION
for specific information on dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
<bullet> 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-2023-0214. Then, click on the Search button. On the resulting
page, in the Search panel on the left side of the screen, under the
Document Type heading, check the Proposed Rule box to locate this
document. You may submit a comment by clicking on ``Comment.''
<bullet> By hard copy: Submit by U.S. mail or hand delivery: Public
Comments Processing, Attn: FWS-R7-SM-2023-0214; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, MS: PRB (JAO/3W); Falls Church, VA 22041-
3803. If in-person meetings are held, you may also deliver a hard copy
to the Designated Federal Officer attending any of the Councils' public
meetings. See SUPPLEMENTARY INFORMATION for additional information on
locations of the public meetings.
We will post all comments on <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).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Acting Assistant Regional
Director, Office of Subsistence Management; (907) 786-3888 or
<a href="/cdn-cgi/l/email-protection#12616770617b6166777c7177527465613c757d64"><span class="__cf_email__" data-cfemail="deadabbcadb7adaabbb0bdbb9eb8a9adf0b9b1a8">[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#187f6a7d7f776a61366a716b7c797074586d6b7c79367f776e"><span class="__cf_email__" data-cfemail="f89f8a9d9f978a81d68a918b9c999094b88d8b9c99d69f978e">[email protected]</span></a>. In compliance with the Providing
Accountability Through Transparency Act of 2023, please see Docket No.
FWS-R7-SM-2023-0214 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that
summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Background
Under title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (hereafter referred to as ``the
Secretaries'') jointly implement the Federal Subsistence Management
Program (hereafter referred to as ``the Program''). The Program
provides a preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. Only
Alaska residents of areas identified as rural are eligible to
participate in the Program. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
22940). Program officials have subsequently amended these regulations a
number of times. Because the Program is a joint effort between the
Departments of the Interior and Agriculture, these regulations are
located in two titles of the Code of Federal Regulations (CFR): The
Agriculture regulations are at title 36, ``Parks, Forests, and Public
Property,'' and the Interior regulations are at title 50, ``Wildlife
and Fisheries,'' at 36 CFR 242.1 through 242.28 and 50 CFR 100.1
through 100.28, respectively. Consequently, to indicate that identical
changes are proposed for regulations in both titles 36 and 50, in this
document we will present references to specific sections of the CFR as
shown in the following example: Sec. __.24.
The Program regulations contain subparts as follows: subpart A
(General Provisions); subpart B (Program Structure); subpart C (Board
Determinations); and subpart D (Subsistence Taking of Fish and
Wildlife). Consistent with subpart B of these regulations, the
Secretaries established a Federal Subsistence Board (hereafter referred
to as ``the Board'') to administer the Program. The Board comprises:
<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, U.S. Forest Service; and
<bullet> Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
[[Page 20381]]
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D. Subpart C sets
forth important Board determinations regarding program eligibility,
i.e., which areas of Alaska are considered rural and which species are
harvested in those areas as part of a ``customary and traditional use''
for subsistence purposes. Subpart D sets forth specific harvest seasons
and limits.
In administering the Program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Federal Subsistence Regional Advisory Council (hereafter referred to as
``the Council(s)''). The Councils provide a forum for rural residents
with personal knowledge of local conditions and resource requirements
to have a meaningful role in the subsistence management of fish and
wildlife on Federal public lands in Alaska. The Council members
represent varied geographical, cultural, and user interests within each
region.
Public Review Process--Comments, Proposals, and Public Meetings
The Councils have a substantial role in reviewing this proposed
rule and making recommendations for the final rule. The Board, through
the Councils, will hold public meetings in person and via
teleconference on this proposed rule during individual Council breakout
sessions at the Joint Regional Advisory Council meeting to be held in
Anchorage, Alaska, on March 5-8, 2024. A public notice of specific
dates and times, call-in number(s), and how to participate and provide
public testimony will be published in local and statewide newspapers,
announced in radio ads, and posted to the Program web page and social
media at least 2 weeks prior to the March 5-8, 2024, public meeting.
After the comment period concludes, the written proposals to change
the regulations at subpart D, take of fish and shellfish, and subpart
C, customary and traditional use, will be compiled and distributed for
public review. Written public comments will be accepted on the
distributed proposals during a second 30-day public comment period,
which will be announced in statewide newspaper and radio ads and posted
to the Program web page and social media. The Board, through the
Councils, will hold a second series of public meetings August 19
through November 1, 2024, to receive comments on specific proposals and
to develop recommendations to the Board on the following dates:
Table 1--Fall 2024 Meetings of the Federal Subsistence Regional Advisory
Councils
------------------------------------------------------------------------
Regional advisory council Dates Location
------------------------------------------------------------------------
Southeast Alaska--Region 1...... October 22-24..... Ketchikan.
Southcentral Alaska--Region 2... October 10-11..... Anchorage.
Kodiak/Aleutians--Region 3...... September 4-6..... Unalaska.
Bristol Bay--Region 4........... October 29-30..... Dillingham.
Yukon-Kuskokwim Delta--Region 5. August 27-29...... Bethel.
Western Interior--Region 6...... October 2-3....... Galena.
Seward Peninsula--Region 7...... October 24-25..... Nome.
Northwest Arctic--Region 8...... October 28-29..... Kotzebue.
Eastern Interior--Region 9...... October 8-10...... Tanana.
North Slope--Region 10.......... August 19-20...... Utqiagvik.
------------------------------------------------------------------------
A public notice of specific dates, times, call-in number(s), and
how to participate and provide public testimony will be published in
local and statewide newspapers, announced in radio ads, and posted to
the Program web page and social media at least 2 weeks prior to each
meeting. The amount of work on each Council's agenda determines the
length of each Council's meeting, but typically the meetings are
scheduled to last 2 days. Occasionally a Council will lack information
necessary during a scheduled meeting to make a recommendation to the
Board or to provide comments on other matters affecting subsistence in
the region. If this situation occurs, the Council may announce on the
record a later teleconference to address the specific issue when the
requested information or data is available; it is noted that any
followup teleconference would be an exception and must be approved, in
advance, by the Assistant Regional Director for the Office of
Subsistence Management. These teleconferences are open to the public,
along with opportunities for public comment; the date and time will be
announced during the scheduled meeting, and that same information will
be announced through news releases and local radio, newspaper, Program
web page, and social media ads.
The Board will discuss and evaluate proposed changes to the
subsistence management regulations during a public meeting scheduled to
be held in Anchorage, Alaska, in January 2025. The Council Chairs, or
their designated representatives, will present their respective
Councils' recommendations at the Board meeting. Additional oral
testimony may be provided on specific proposals before the Board at
that time. At that public meeting, the Board will deliberate and take
final action on proposals received that request changes to this
proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, fish and shellfish harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in the current
regulations for which changes are suggested, if applicable;
c. A description of the regulatory change(s) desired;
d. A statement explaining why each change is necessary;
e. Proposed wording changes; and
f. Any additional information that you believe will help the Board
in evaluating the proposed change.
The Board will immediately reject proposals that fail to include
the above information, or proposals that are beyond the scope of
authorities in Sec. __.24 of subpart C (the regulations governing
customary and traditional use), and Sec. Sec. __.25, __.27, and __.28
of subpart D (the general and specific regulations governing the
subsistence take of fish and shellfish). If a proposal needs
clarification, prior to being distributed for public review, the
proponent may be contacted, and the proposal could be revised based on
their input. Once a proposal is distributed for public review, no
additional changes may be made as part of the original submission.
During the January 2025
[[Page 20382]]
meeting, the Board may defer review and action on some proposals to
allow time for cooperative planning efforts or to acquire additional
needed information. The Board may elect to defer taking action on any
given proposal if the workload of staff, Councils, or the Board becomes
excessive. These deferrals may be based on recommendations by the
affected Council(s) or staff members, or on the basis of the Board's
intention to do least harm to the subsistence user and the resource
involved. A proponent of a proposal may withdraw the proposal, provided
that it has not been considered, and a recommendation has not been
made, by a Council. The Board may consider and act on alternatives that
address the intent of a proposal while differing in approach.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your entire comment,
including any personally identifiable information, will be posted on
the Program's web page. If you submit a hardcopy comment that includes
personally identifiable information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so. We will post all
hardcopy comments on <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-2023-0214, or by appointment, provided no public
health or safety restrictions are in effect, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Board is committed to providing access to these meetings for
all participants. Please direct all requests for sign language
interpreting services, closed captioning, or other accommodation needs
to Robbin La Vine, 907-786-3888, <a href="/cdn-cgi/l/email-protection#ee9d9b8c9d879d9a8b808d8bae88999dc0898198"><span class="__cf_email__" data-cfemail="1f6c6a7d6c766c6b7a717c7a5f79686c31787069">[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 (herein after referred to as ``Tribes'') as listed in 82
FR 4915 (January 17, 2017). Consultation with Alaska Native
corporations is based on Public Law 108-199, div. H, Sec. 161, Jan. 23,
2004, 118 Stat. 452, as amended by Public Law 108-447, div. H, title V,
Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides that: ``The
Director of the Office of Management and Budget and all Federal
agencies shall hereafter consult with Alaska Native corporations on the
same basis as Indian tribes under Executive Order No. 13175.''
The Alaska National Interest Lands Conservation Act does not
provide specific rights to Tribes for the subsistence taking of
wildlife, fish, and shellfish. However, because Tribal members are
affected by subsistence fishing, hunting, and trapping regulations, the
Secretaries, through the Board, will provide Tribes and Alaska Native
corporations an opportunity to consult on this proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board provides a variety of opportunities for
consultation: proposing changes to the existing regulations; commenting
on proposed changes to the existing regulations; engaging in dialogue
at the Council meetings; engaging in dialogue at the Board's meetings;
and providing input in person, by mail, email, or phone at any time
during the rulemaking process. The Board will commit to efficiently and
adequately providing an opportunity to Tribes and Alaska Native
corporations for consultation regarding subsistence rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the 2025-26 and 2026-27 Fish and Shellfish Seasons and
Harvest Limit Proposed Regulations
In titles 36 and 50 of the CFR, the subparts C and D regulations
are subject to periodic review and revision. The Board currently
completes the process of revising subsistence take of fish and
shellfish regulations in odd-numbered years and wildlife regulations in
even-numbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable cycle. Nonrural
determinations are taken up during every other fish and shellfish
cycle, beginning in 2018.
The Board reviews closures to the take of fish/shellfish and
wildlife during each applicable cycle on a rotating schedule. The
following table lists the current closures being reviewed for this
cycle. When reviewing a closure, the Board may maintain, modify, or
rescind the closure. If a closure is rescinded, the regulations will
revert to the existing regulations in place prior to the closure, or if
no regulations were in place, any changes or the establishment of
seasons, methods and means, and harvest limits must go through the full
public review process. The public is encouraged to comment on these
closures, and anyone recommending that a closure be rescinded should
submit a proposal to establish regulations for the area that was
closed.
Table 2--Fish and Shellfish Closures To Be Reviewed by the Federal
Subsistence Board for the 2025-2026 and 2026-2027 Regulatory Years
------------------------------------------------------------------------
Fishery management area Closure area
------------------------------------------------------------------------
Norton Sound--Port Clarence Area....... Unalakleet River upstream of
the confluence of Chiroskey
River (Chinook Salmon).
Yukon/Northern Area.................... Delta River (all fish).
Yukon/Northern Area.................... Nome Creek (Arctic Grayling).
Southeastern Alaska Area............... Makhnati Island (Herring).
------------------------------------------------------------------------
[[Page 20383]]
The current subsistence program regulations form the starting point
for consideration during each new rulemaking cycle. Consequently, in
this rulemaking action pertaining to fish and shellfish, the Board will
consider proposals to revise the regulations in any of the following
sections of titles 36 and 50 of the CFR:
<bullet> Section __.24: customary and traditional use
determinations;
<bullet> Section __.25: general provisions governing the
subsistence take of wildlife, fish, and shellfish;
<bullet> Section __.27: specific provisions governing the
subsistence take of fish; and
<bullet> Section __.28: specific provisions governing the
subsistence take of shellfish.
As such, the text of the proposed 2025-2027 subparts C and D
subsistence regulations in titles 36 and 50 is the combined text of
previously issued rules that revised these sections of the regulations.
The following Federal Register citations show when these CFR sections
were last revised. Therefore, the regulations established by these four
final rules constitute the text of this proposed rule:
The text of the proposed amendments to 36 CFR 242.24 and 242.27 and
50 CFR 100.24 and 100.27 is the final rule for the 2023-2025 regulatory
period for fish (89 FR 14746; February 29. 2024).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2022-2024 regulatory period for
wildlife (87 FR 44858; July 26, 2022).
The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
100.28 is the final rule for the 2011-13 regulatory period for
shellfish (76 FR 12564; March 8, 2011).
These regulations will remain in effect until subsequent Board
action changes elements as a result of the public review process
outlined above in this document and a final rule is published.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and; therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence uses, but will
not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of the
subsistence program regulations was conducted in accordance with
section 810. This evaluation also supported the Secretaries'
determination that the regulations will not reach the ``may
significantly restrict'' threshold that would require notice and
hearings under ANILCA section 810(a).
Paperwork Reduction Act of 1995 (PRA)
This proposed rule does not contain any new collections of
information that require Office of Management and Budget (OMB) approval
under the PRA (44 U.S.C. 3501 et seq.). OMB has reviewed and approved
the collections of information associated with the subsistence
regulations at 36 CFR part 242 and 50 CFR part 100 and assigned OMB
Control Number 1018-0075. We may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid OMB control number. This control number has an
expiration date of 01/31/2024; in accordance with regulations at 5 CFR
part 1320, the Service is authorized to continue sponsoring the
collection while the submission is pending at OMB.
Regulatory Planning and Review (Executive Orders 12866, 13563, and
14094)
Executive Order 14094 reaffirms the principles of E.O. 12866 and
E.O. 13563 and states that regulatory analysis should facilitate agency
efforts to develop regulations that serve the public interest, advance
statutory objectives, and are consistent with E.O. 12866, E.O. 13563,
and the Presidential Memorandum of January 20, 2021 (Modernizing
Regulatory Review). Regulatory analysis, as practicable and
appropriate, shall recognize distributive impacts and equity, to the
extent permitted by law. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this proposed rule in a manner consistent with
these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides
that the Office of Information and Regulatory Affairs (OIRA) in OMB
will review all significant rules. OIRA has determined that this
proposed rule is not significant.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this proposed rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. However, we
estimate that two million pounds of meat are harvested by subsistence
users annually and, if given an estimated dollar value of $3.00 per
pound, this amount would equate to about $6 million in food value
statewide. Based upon the amounts and values cited above, the
Departments certify that this rulemaking will not have a significant
economic effect on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801
[[Page 20384]]
et seq.), this proposed rule is not a major rule. It will not have an
effect on the economy of $100 million or more, will not cause a major
increase in costs or prices for consumers, and will not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on Federal public lands and waters. The scope of
this program is limited by definition to certain public lands.
Likewise, these proposed regulations have no potential takings of
private property implications as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. This proposed
rule will be implemented by Federal agencies with no cost imposed on
any State or local entities or Tribal governments.
Executive Order 12988
The Secretaries have determined that these proposed regulations
meet the applicable standards provided in sections 3(a) and 3(b)(2) of
Executive Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, the proposed rule does
not have sufficient federalism implications to warrant the preparation
of a federalism assessment. Title VIII of ANILCA precludes the State
from exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
Title VIII of ANILCA does not provide specific rights to Tribes for
the subsistence taking of wildlife, fish, and shellfish. However, as
described above under Tribal Consultation and Comment, the Secretaries,
through the Board, will provide federally recognized Tribes and Alaska
Native corporations a variety of opportunities for consultation:
commenting on proposed changes to the existing regulations; engaging in
dialogue at the Regional Council meetings; engaging in dialogue at the
Board's meetings; and providing input in person, by mail, email, or
phone at any time during the rulemaking process.
Executive Order 13211
This Executive order requires agencies to prepare statements of
energy effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no statement of energy effects
is required.
Drafting Information
<bullet> Justin Koller drafted this proposed rule under the
guidance of Amee Howard of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by:
<bullet> Chris McKee, Alaska State Office, Bureau of Land
Management;
<bullet> Dr. Kim Jochum, 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
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the
2025-26 and 2026-27 regulatory years.
The text of the proposed amendments to 36 CFR 242.24 and 242.27 and
50 CFR 100.24 and 100.27 matches the amendatory instructions in 89 FR
14746 (February 29, 2024) (which is the final rule for the 2023-2025
regulatory period for fish).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 matches the amendatory instructions in 87 FR 44858 (July 26,
2022) (which is the final rule for the 2022-2024 regulatory period for
wildlife).
The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
100.28 matches the amendatory instructions in 76 FR 12564 (March 8,
2011) (which is the final rule for the 2011-13 regulatory period for
fish and shellfish).
Amee Howard,
Acting Assistant Regional Director, U.S. Fish and Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2024-05821 Filed 3-21-24; 8:45 am]
BILLING CODE 4333-15-P; 3411-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 22, 2024.
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