Proposed Rule2025-00434
Subsistence Management Regulations for Public Lands in Alaska-2026-27 and 2027-28 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
January 21, 2025
Issuing agencies
Agriculture DepartmentForest ServiceInterior Department
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 2026-27 and 2027-28 regulatory years. The Federal Subsistence Board (hereafter referred to as "the Board") is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd- numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This proposed rule could also amend the general regulations on subsistence taking of fish and wildlife.
Full Text
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<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 6922-6927]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00434]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Office of Subsistence Management
50 CFR Part 100
[Docket No. DOI-2024-0011; 256D0102DM DS61900000 DMSN00000.000000
DX61901]
RIN 1090-AB29
Subsistence Management Regulations for Public Lands in Alaska--
2026-27 and 2027-28 Subsistence Taking of Wildlife Regulations
AGENCY: Forest Service, Agriculture; Office of Subsistence Management,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, and methods and means related to
taking of wildlife for subsistence uses during the 2026-27 and 2027-28
regulatory years. The Federal Subsistence Board (hereafter referred to
as ``the Board'') is on a schedule of completing the process of
revising subsistence taking of wildlife regulations in even-numbered
years and subsistence taking of fish and shellfish regulations in odd-
numbered years; public proposal and review processes take place during
the preceding year. The Board also addresses customary and traditional
use determinations during the applicable cycle. When final, the
resulting rulemaking will replace the existing subsistence wildlife
taking regulations. This proposed rule could also amend the general
regulations on subsistence taking of fish and wildlife.
DATES: Public meetings: The Federal Subsistence Regional Advisory
Councils (hereafter referred to as ``the Councils'') will receive
comments and make proposals to change this proposed rule during public
meetings held between February 18, 2025, and April 2, 2025. The
Councils will hold another round of public meetings to discuss and
receive comments on the proposals and make recommendations on the
proposals to the Board on several dates between September 16, 2025, and
October 30, 2025 (see Alaska Subsistence Regional Advisory Council
Meetings for 2025; 89 FR 63962; August 06, 2024). The Board will
discuss and evaluate proposed regulatory changes during a public
meeting in Anchorage, Alaska, in April 2026. See SUPPLEMENTARY
INFORMATION for specific information on dates and locations of the
public meetings.
Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by April 4, 2025.
ADDRESSES:
Public meetings: The Board and the Councils' public meetings are
held at various locations in Alaska. See SUPPLEMENTARY INFORMATION for
specific information on dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter Docket number DOI-2024-
0011. Then, click on the Search button. On the resulting page, in the
Search panel on the left side of the screen, under the Document Type
heading, check the Proposed Rule box to locate this document. You may
submit a comment by clicking on ``Comment.''
By hard copy: Submit by U.S. mail or hand delivery: Regulations,
Attn: DOI-2024-0011; Office of Subsistence Management; 1011 E Tudor
Road M/S 121, Anchorage AK 99503. If in-person Council meetings are
held, you may also deliver a hard copy to the Designated Federal
Official attending any of the Councils' public meetings. See
SUPPLEMENTARY INFORMATION for additional information on locations of
the public meetings.
We will post all comments on <a href="http://www.regulations.gov">http://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
Office of Subsistence Management, Attention: Crystal Leonetti,
Director; (907) 786-3888 or <a href="/cdn-cgi/l/email-protection#afdcdacddcc6dcdbcac1cccaefc6c0dc81cbc0c681c8c0d9"><span class="__cf_email__" data-cfemail="83f0f6e1f0eaf0f7e6ede0e6c3eaecf0ade7eceaade4ecf5">[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#b2d5c0d7d5ddc0cb9cc0dbc1d6d3dadef2c7c1d6d39cd5ddc4"><span class="__cf_email__" data-cfemail="afc8ddcac8c0ddd681ddc6dccbcec7c3efdadccbce81c8c0d9">[email protected]</span></a>. In compliance with
the Providing Accountability Through Transparency Act of 2023, please
see Docket No. DOI-2024-0011 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 242.1-28 and 50 CFR 100.1-28, respectively.
Consequently, to indicate that identical changes are proposed for
regulations in both titles 36 and 50, in this document we will present
references to specific sections of the
[[Page 6923]]
CFR as shown in the following example: Sec. __.24.
The Program regulations contain subparts as follows: Subpart A,
General Provisions; Subpart B, Program Structure; Subpart C, Board
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board (hereafter referred to as ``the
Board'') to administer the Program. The Board comprises:
<bullet> A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
<bullet> Five public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture;
<bullet> The Alaska Regional Director, Bureau of Indian Affairs;
<bullet> The Alaska State Director, Bureau of Land Management;
<bullet> The Alaska Regional Director, National Park Service;
<bullet> The Alaska Regional Director, U.S. Fish and Wildlife
Service; and
<bullet> The Alaska Regional Forester, U.S. Forest Service.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D. Subpart C sets
forth important Board determinations regarding program eligibility,
i.e., which areas of Alaska are considered rural and which species are
harvested in those areas as part of a ``customary and traditional use''
for subsistence purposes. Subpart D sets forth specific seasons,
limits, and other harvest parameters and requirements.
In administering the Program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Federal Subsistence Regional Advisory Council. The Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Council members represent varied geographical, cultural, and user
interests within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Councils have a substantial role in reviewing this proposed
rule and making recommendations for the final rule. The Board, through
the Councils, will hold public meetings in person and via
teleconference on this proposed rule at the following locations in
Alaska, on the following dates:
Table 1--Winter 2025 Meetings of the Federal Subsistence Regional Advisory Councils
----------------------------------------------------------------------------------------------------------------
Regional Advisory Council Dates Location
----------------------------------------------------------------------------------------------------------------
Southeast Alaska--Region 1........ March 18-20.............. Sitka.
Southcentral Alaska-Region 2...... March 12-13.............. Cordova.
Kodiak/Aleutians--Region 3........ March 6-7................ Kodiak.
Bristol Bay--Region 4............. February 18-19........... Naknek.
Yukon-Kuskokwim Delta--Region 5... March 4-5................ Bethel.
Western Interior--Region 6........ February 25-26........... Fairbanks.
Seward Peninsula--Region 7........ April 1-2................ Nome.
Northwest Arctic--Region 8........ March 27-28.............. Kotzebue.
Eastern Interior--Region 9........ February 19-20........... Fairbanks.
North Slope--Region 10............ February 27-28........... Utqiagvik.
----------------------------------------------------------------------------------------------------------------
During April 2025, the written proposals to change the regulations
at subpart D, take of wildlife and subpart C, customary and traditional
use determinations, will be compiled and distributed for public review.
Written public comments will be accepted on the distributed proposals
during a second 30-day public comment period, which will be announced
in statewide newspaper and radio ads and posted to the Program web page
and social media. The Board, through the Councils, will hold a second
series of public meetings or teleconference meetings in September
through October 2025, to receive comments on specific proposals and to
develop recommendations to the Board on the following dates:
Table 1--Fall 2025 Meetings of the Federal Subsistence Regional Advisory Councils
----------------------------------------------------------------------------------------------------------------
Regional Advisory Council Dates Location
----------------------------------------------------------------------------------------------------------------
Southeast Alaska--Region 1........ October 21-23............ Wrangell.
Southcentral Alaska-Region 2...... October 14-15............ Anchorage.
Kodiak/Aleutians--Region 3........ September 17-18.......... TBD.
Bristol Bay--Region 4............. October 29-30............ Dillingham.
Yukon-Kuskokwim Delta--Region 5... October 21-23............ TBD.
Western Interior--Region 6........ October 7-8.............. Fairbanks.
Seward Peninsula--Region 7........ October 14-15............ Nome.
Northwest Arctic--Region 8........ October 27-28............ Kotzebue.
Eastern Interior--Region 9........ October 8-10............. Tok.
North Slope--Region 10............ September 16-17.......... Utqiagvik.
----------------------------------------------------------------------------------------------------------------
A public notice of specific dates, times, call-in number(s), and
how to participate and provide public testimony will be published in
local and statewide newspapers, announced in radio ads, and posted to
the Program web page and social media at least 2 weeks prior to each
meeting. The amount of work on each Council's agenda determines the
length of each Council's meeting, but typically the meetings are
scheduled to last 2 days. Occasionally a Council will lack information
necessary during a scheduled meeting to make a recommendation to the
Board or to provide comments on other matters affecting subsistence in
the region. If this situation occurs, the Council may announce on the
record a later teleconference to address the specific
[[Page 6924]]
issue when the requested information or data is available; it is noted
that any follow-up teleconference would be an exception and must be
approved, in advance, by the Director of the Office of Subsistence
Management. These teleconferences are open to the public, along with
opportunities for public comment; the date and time will be announced
during the scheduled meeting, and that same information will be
announced through news releases and local radio, newspaper, Program web
page, and social media ads.
The Board will discuss and evaluate proposed changes to the
subsistence management regulations during a public meeting scheduled to
be held in Anchorage, Alaska, in April 2026. The Council Chairs, or
their designated representatives, will present their respective
Councils' recommendations at the Board meeting. Additional oral
testimony may be provided on specific proposals before the Board at
that time. At that public meeting, the Board will deliberate and take
final action on proposals received that request changes to this
proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, wildlife harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in the current
regulations for which changes are suggested, if applicable;
c. A description of the regulatory change(s) desired;
d. A statement explaining why each change is necessary;
e. Proposed wording changes; and
f. Any additional information that you believe will help the Board
in evaluating the proposed change.
The Board will immediately reject proposals that fail to include
the above information, or proposals that are beyond the scope of
authorities in Sec. __.24, subpart C (the regulations governing
customary and traditional use determinations) and Sec. __.25 and __.26
of subpart D (the general and specific regulations governing the
subsistence take of wildlife). If a proposal needs clarification, prior
to being distributed for public review, the proponent may be contacted,
and the proposal could be revised based on their input. Once a proposal
is distributed for public review, no additional changes may be made as
part of the original submission. During the April 2026 meeting, the
Board may defer review and action on some proposals to allow time for
cooperative planning efforts, or to acquire additional needed
information. The Board may elect to defer taking action on any given
proposal if the workload of staff, Councils, or the Board becomes
excessive. These deferrals may be based on recommendations by the
affected Council(s) or staff members, or on the basis of the Board's
intention to do least harm to the subsistence user and the resource
involved. A proponent of a proposal may withdraw the proposal provided
it has not been considered, and a recommendation has not been made, by
a Council. The Board may consider and act on alternatives that address
the intent of a proposal while differing in approach.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via <a href="http://www.regulations.gov">http://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="http://www.regulations.gov">http://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="http://www.regulations.gov">http://www.regulations.gov</a> at Docket
No. DOI-2024-0011, or by appointment, provided no public health or
safety restrictions are in effect, between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays, at: Office of Subsistence
Management, 1011 East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Board is committed to providing access to these meetings for
all participants. Please direct all requests for sign language
interpreting services, closed captioning, or other accommodation needs
to Robbin LaVine, 907-786-3888, <a href="/cdn-cgi/l/email-protection#9deee8ffeef4eee9f8f3fef8ddf4f2eeb3f9f2f4b3faf2eb"><span class="__cf_email__" data-cfemail="34474156475d4740515a5751745d5b471a505b5d1a535b42">[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 rule, commenting on
proposed changes to the existing rule, engaging in dialogue at the
Regional Council meetings, engaging in dialogue at Board meetings, and
providing input in person, by mail, email, or phone at any time during
the rulemaking process. The Board will commit to efficiently and
adequately providing an opportunity to Tribes and Alaska Native
corporations for consultation in regard to subsistence rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the 2026-27 and 2027-28 Wildlife Seasons and Harvest Limit
Proposed Regulations
In titles 36 and 50 of the CFR, the subparts C and D regulations
are subject to periodic review and revision. The Board currently
completes the process of revising subsistence take of wildlife
regulations in even-numbered years and fish and shellfish regulations
in odd-numbered years; public proposal and review processes take place
during the preceding year. The Board also addresses customary and
traditional use determinations during the applicable cycle. Nonrural
determinations are
[[Page 6925]]
taken up during every other fish and shellfish cycle, beginning in
2018.
Based on Board policy, the Board reviews each closure to the take
of fish/shellfish and wildlife every 4 years, during each applicable
cycle. The following table lists the current closures being reviewed
for this cycle. In reviewing a closure, the Board may maintain, modify,
or rescind the closure. If a closure is rescinded, the existing
regulations apply, or if no regulations are in place, any changes to or
the establishment of seasons, methods and means, and harvest limits
must go through the full public review process. The public is
encouraged to comment on these closures, and anyone recommending a
regulatory change outside the scope of a closure review (i.e., a change
not directly affecting the closure) should submit a regulatory
proposal.
Table 3--Wildlife Closures To Be Reviewed by the Federal Subsistence
Board for the 2026-2027 and 2027-2028 Regulatory Years
------------------------------------------------------------------------
Unit and area descriptor Species Closure
------------------------------------------------------------------------
2.............................. Deer........... Closed from Aug. 1-15
to non-federally
qualified users. Non-
federally qualified
users may only
harvest up to two
bucks.
5A, except Nunatak Bench, east Moose.......... Closed from Sept. 16-
of the Dangerous River. 30 to non-federally
qualified users.
5A, except Nunatak Bench, west Moose.......... Closed from Oct. 8-21
of the Dangerous River. to non-federally
qualified users.
9C, draining into the Naknek Moose.......... Closed from Dec. 1-31
River from the South. to non-federally
qualified users.
17A, 17C, Nushagak Peninsula... Caribou........ Closed to non-
federally qualified
users unless the
population estimate
exceeds 900 caribou.
22A, North..................... Moose.......... Closed from Sep. 21-
Aug. 31 to non-
federally qualified
users.
22A, Unalakleet................ Moose.......... Closed to non-
federally qualified
users.
22A remainder.................. Moose.......... Closed from Oct. 1-
Aug. 31 to non-
federally qualified
users.
22B, west of the Darby Moose.......... Closed to non-
Mountains. federally qualified
users during fall
season.
22B, west of the Darby Moose.......... Closed except by
Mountains. residents of White
Mountain and Golovin
during the winter
season.
22D, Kougarok, Kuzitrin, and Moose.......... Closed except by
Pilgrim River drainages. residents of Units
22C and 22D.
22D, west of Tisuk River Moose.......... Closed except by
drainage and Canyon Creek. residents of Units
22C and 22D.
22D remainder.................. Moose.......... Closed to non-
federally qualified
users.
22E............................ Moose.......... Closed to non-
federally qualified
users.
23, Baird Mountains............ Sheep.......... Closed to non-
federally qualified
users.
23, Noatak River corridor, Caribou........ Closed to non-
Squirrel, Eli, and Agashashok federally qualified
River drainages. users.
25D west....................... Moose.......... Closed except by
residents of Unit 25D
west and Birch Creek.
26C............................ Muskox......... Closed to non-
federally qualified
users.
------------------------------------------------------------------------
The current subsistence program regulations form the starting point
for consideration during each new rulemaking cycle. Consequently, in
this rulemaking action pertaining to wildlife, the Board will consider
proposals to revise the regulations in any of the following sections of
titles 36 and 50 of the CFR:
<bullet> Sec. __.24: customary and traditional use determinations;
<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 2026-2028 subparts C and D
subsistence regulations in titles 36 and 50 is the combined text of
previously issued rules that revised these sections of the regulations.
The following Federal Register citations show when these CFR sections
were last revised. Therefore, the regulations established by these
final rules constitute the text of this proposed rule:
The text of the proposed amendments to 36 CFR 242.24 and 242.26 and
50 CFR 100.24 and 100.26 is the final rule for the 2024-2026 regulatory
period for wildlife (89 FR 70358, August 29, 2024).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2022-2024 regulatory period for
wildlife (87 FR 44858; July 26, 2022).
These regulations will remain in effect until subsequent Board
action changes elements as a result of the public review process
outlined above in this document and a final rule is published.
Compliance with Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence
[[Page 6926]]
uses, but will not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of the
subsistence program regulations was conducted in accordance with
section 810. That evaluation also supported the Secretaries'
determination that the regulations will not reach the ``may
significantly restrict'' threshold that would require notice and
hearings under ANILCA section 810(a).
Paperwork Reduction Act of 1995 (PRA)
This proposed rule does not contain any new collections of
information that require Office of Management and Budget (OMB) approval
under the PRA (44 U.S.C. 3501 et seq.). OMB has reviewed and approved
the collections of information associated with the subsistence
regulations at 36 CFR part 242 and 50 CFR part 100, and assigned OMB
Control Number 1018-0075, with an expiration date of November 30, 2027.
We may not conduct or sponsor and you are not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this proposed
rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant economic impact on a substantial number of small entities,
which include small businesses, organizations, or governmental
jurisdictions. In general, the resources to be harvested under this
proposed rule are already being harvested and consumed by the local
harvester and do not result in an additional dollar benefit to, or
impact on the economy. Therefore, the Departments certify that this
rulemaking will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this proposed rule is not a major rule. It will
not have an effect on the economy of $100 million or more, will not
cause a major increase in costs or prices for consumers, and will not
have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these proposed
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule is by Federal agencies and there is no cost
imposed on any State or local entities or tribal governments.
Executive Order 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
Executive Order 13132
In accordance with Executive Order 13132, this proposed rule does
not have sufficient federalism implications to warrant the preparation
of a Federalism Assessment. Title VIII of ANILCA precludes the State
from exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
Title VIII of ANILCA does not provide specific rights to Tribes for
the subsistence taking of wildlife, fish, and shellfish. However, as
described above under Tribal Consultation and Comment, the Secretaries,
through the Board, will provide federally recognized Tribes and Alaska
Native corporations a variety of opportunities for consultation:
commenting on proposed changes to the existing rule; engaging in
dialogue at the Regional Council meetings; engaging in dialogue at the
Board's meetings; and providing input in person, by mail, email, or
phone at any time during the rulemaking process.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Justin Koller drafted this proposed rule under the guidance of
Crystal Leonetti of the Office of Subsistence Management, Department of
the Interior, Office of the Assistant Secretary for Policy, Management,
and Budget, Anchorage, Alaska. Additional assistance was provided by:
<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
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
[[Page 6927]]
242 and 50 CFR part 100 for the 2026-27 and 2027-28 regulatory years:
Proposed amendments to 36 CFR 242.24 and 242.26 and 50 CFR 100.24
and 100.26 last amended by the final rule for the 2024-2026 regulatory
period for wildlife (89 FR 70358, August 29, 2024).
Proposed amendments to 36 CFR 242.25 and 50 CFR 100.25 last amended
by the final rule for the 2022-2024 regulatory period for wildlife (87
FR 44858; July 26, 2022).
Crystal Leonetti,
Director, DOI--Office of Subsistence Management.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2025-00434 Filed 1-17-25; 8:45 am]
BILLING CODE 3411-15-P; 4334-13-P
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