Rule2025-13497
Federal Subsistence Management Program; Transfer of 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
July 18, 2025
Effective
July 18, 2025
Issuing agencies
Agriculture DepartmentForest ServiceInterior DepartmentFish and Wildlife Service
Abstract
This rule transfers the Federal Subsistence Management Program regulations for the Department of the Interior from 50 CFR part 100 to 43 CFR part 51 to align with the transfer of the Office of Subsistence Management from the U.S. Fish and Wildlife Service to the Office of the Assistant Secretary for Policy, Management, and Budget. This rule also revises the program's regulations for both the Department of the Interior and the Department of Agriculture to reflect the recent organizational changes and make administrative corrections.
Full Text
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[Federal Register Volume 90, Number 136 (Friday, July 18, 2025)]
[Rules and Regulations]
[Pages 34142-34149]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13497]
[[Page 34141]]
Vol. 90
Friday,
No. 136
July 18, 2025
Part III
Department of Agriculture
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Forest Service
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36 CFR Part 242
Department of the Interior
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Office of the Secretary
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43 CFR Part 51
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Fish and Wildlife Service
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50 CFR Part 100
Federal Subsistence Management Program; Transfer of Regulations; Final
Rule
Federal Register / Vol. 90 , No. 136 / Friday, July 18, 2025 / Rules
and Regulations
[[Page 34142]]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 51
Fish and Wildlife Service
50 CFR Part 100
[Docket No. DOI-2024-0012; 245D0102DM DS61900000 DMSN00000.000000
DX61901]
RIN 1090-AB30
Federal Subsistence Management Program; Transfer of Regulations
AGENCY: Forest Service, Agriculture; Office of the Secretary, Office of
the Assistant Secretary for Policy, Management, and Budget, and Fish
and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule transfers the Federal Subsistence Management Program
regulations for the Department of the Interior from 50 CFR part 100 to
43 CFR part 51 to align with the transfer of the Office of Subsistence
Management from the U.S. Fish and Wildlife Service to the Office of the
Assistant Secretary for Policy, Management, and Budget. This rule also
revises the program's regulations for both the Department of the
Interior and the Department of Agriculture to reflect the recent
organizational changes and make administrative corrections.
DATES: Effective July 18, 2025.
Information Collection Requirements: If you wish to comment on the
information collection requirements in this final rule, please submit
your comments on or before September 16, 2025.
ADDRESSES: This final rule and supporting materials are available
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. DOI-2024-0012.
Information Collection Requirements: Send your comments on the
information collection request to the Service Information Collection
Clearance Officer, U.S. Fish and Wildlife Service, by email to
<a href="/cdn-cgi/l/email-protection#2861464e47776b474444684e5f5b064f475e"><span class="__cf_email__" data-cfemail="3e77505851617d5152527e58494d10595148">[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
1018-0075/1090-New OSM'' in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: Crystal Leonetti, Acting Director,
Office of Subsistence Management; (907) 786-3888 (phone) or
<a href="/cdn-cgi/l/email-protection#4e3d3b2c3d273d3a2b202d2b0e27213d602a212760292138"><span class="__cf_email__" data-cfemail="e4979186978d9790818a8781a48d8b97ca808b8dca838b92">[email protected]</span></a> (email).
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 (Secretaries) jointly implement the
Federal Subsistence Management Program (Program). The Program provides
a preference for take of fish and wildlife resources for subsistence
uses on Federal public lands and waters in Alaska. The term
``subsistence uses'' means the customary and traditional uses by rural
Alaska residents of wild, renewable resources for direct personal or
family consumption as food, shelter, fuel, clothing, tools, or
transportation or for other specified purposes.
The Secretaries established a Federal Subsistence Board to
administer the Program, and the Office of Subsistence Management (OSM)
provides substantial administrative support to the Board. Because the
Program is jointly administered, both the Department of the Interior
(DOI, we) and the Department of Agriculture (USDA) promulgate
regulations governing the Program. Involved DOI agencies include the
U.S. Fish and Wildlife Service (FWS), which historically included OSM,
and three other DOI land-managing bureaus, and the USDA involvement
pertains to the U.S. Forest Service (USFS).
Effective July 15, 2024, Secretary of the Interior's Order
(Secretary's Order) 3413 transferred OSM from FWS to the Office of the
Assistant Secretary for Policy, Management, and Budget (see <a href="https://www.doi.gov/document-library/secretary-order/so-3413-transfer-office-subsistence-management-office-secretary">https://www.doi.gov/document-library/secretary-order/so-3413-transfer-office-subsistence-management-office-secretary</a>). Secretary's Order 3413 noted
that with the enactment of the Department of the Interior's 2024
appropriations, Congress approved the functional transfer of the
Department's Office of Subsistence Management from the U.S. Fish and
Wildlife Service to the Office of the Secretary.
What This Document Does
This rule transfers DOI's Federal Subsistence Management Program
regulations in the Code of Federal Regulations (CFR) to align with the
transfer of OSM from FWS to the Office of the Assistant Secretary for
Policy, Management, and Budget. Because the Program is jointly
administered by DOI and USDA, the Program regulations are located in
two titles of the CFR. To date, the Program regulations have been found
in title 36, ``Parks, Forests, and Public Property,'' which contains
regulations administered by USDA-USFS, and title 50, ``Wildlife and
Fisheries,'' which contains regulations administered by DOI-FWS. This
document transfers the DOI regulations in the CFR from title 50 to
title 43, ``Public Lands: Interior,'' at a new part 51.
This rule also revises the Program's regulations for both DOI and
USDA to reflect the recent organizational changes. As OSM has been
transferred from FWS, this rule replaces certain references to ``the
U.S. Fish and Wildlife Service'' in the regulations with references to
``the Office of Subsistence Management.'' This document also corrects
cross-references in the newly transferred regulations and makes non-
substantive revisions to correct minor errors.
Conformance With Statutory and Regulatory Authorities
This final rule is administrative in nature and reflects
organizational changes within the U.S. Department of the Interior.
Accordingly, as this is a matter relating to agency management,
pursuant to 5 U.S.C. 553(a)(2), notice of proposed rulemaking and
opportunity for comment are not required, and this rule may be made
effective less than 30 days after publication in the Federal Register.
Therefore, we are making this final rule effective upon publication
(see DATES, above).
Because this is a rule that is limited to agency organization, this
rule is exempt from the provisions of Executive Order 12866 (see
section 3(d)(3) of E.O. 12866). This action is not a rule as defined by
the Regulatory Flexibility Act (see 5 U.S.C. 601(2)), as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996 (title II of
Pub. L. 104-121, March 29, 1996), and thus is exempt from the
provisions of those Acts. Nonetheless, OIRA determined this rule to be
not significant on May 9, 2025. In addition, because this rule is a
rule of agency organization, procedure, or practice that does not
substantially affect the rights or obligations of non-agency parties,
it is not included in the definition of ``rule'' under the
Congressional Review Act (see 5 U.S.C. 804(3)).
Paperwork Reduction Act
This final rule includes a request to the Office of Management and
Budget (OMB) to revise an existing information collection (IC) and
approve a new IC control number as described below. All ICs require OMB
approval under the
[[Page 34143]]
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. OMB previously 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 (expires March 31, 2027).
We are preparing two separate information collection requests
(ICRs) for OMB approval in conjunction with the regulatory changes
effected by this rule. The first ICR will request OMB approval to move
the currently approved information collections from 1018-0075 to a new
control number (1090-New) under the Office of the Assistant Secretary
for Policy, Management, and Budget (PMB). A second, simultaneous ICR
(requesting a new, separate control number) will request OMB approval
to convert certain forms described below (used with the Federal
Subsistence Management Program) to become common forms for use by both
DOI and USFS. Prior to submitting both ICRs to OMB, we will provide the
public with the required 30-day comment period. This 30-day comment
period will be announced through the publication of a notice of
information collection in the Federal Register.
Upon receiving OMB approval of the two ICRs, we will discontinue
OMB Control Number 1018-0075, and the USFS will report its burden from
the newly designated common forms directly to OMB under the second
control number. Additionally, the USFS will prepare an ICR to request
OMB approval of a new separate control number (0596-New) for the ICs
contained in its regulations at 36 CFR part 242.
In conjunction with this rulemaking, we propose three major
revisions to the current ICs for OMB approval:
(1) REVISION TO SPLIT USFS BURDEN FROM DOI--The currently approved
burden under 1018-0075 includes burden for the USFS, which is not
allowed under the PRA. The USFS should report its burden separately
under its own control number. As part of this submission, we would
convert all forms to be common forms managed by DOI under a new, stand-
alone control number (see change 3, below). The USFS will submit a
request to OMB for approval of a new collection (0596-New) for its
burdens from all ICs (not associated with the new common forms)
contained in its regulations at 36 CFR part 242. The USFS will also
report its burden for its use of the Federal Subsistence Management
Program forms as ``Requests for Common Forms'' for OMB approval.
(2) REASSIGNMENT OF EXISTING INFORMATION COLLECTIONS FROM CONTROL
NO. 1018-0075 to 1090-NEW:
(a) Appointment of Members to Regional Advisory Councils--Based
upon recommendations of the Federal Subsistence Board, the Secretary of
the Interior with the concurrence of the Secretary of Agriculture
appoints members to the 10 regional advisory councils. ANILCA requires
members to be residents of the region in which they serve. The Board
established five additional criteria for membership on the Councils.
Members must have:
<bullet> Knowledge of the region's fish and wildlife resources;
<bullet> Knowledge of the region's subsistence uses, customs, and
traditions;
<bullet> Knowledge of the region's commercial, sport, and other
uses;
<bullet> Leadership skills; and
<bullet> Communication skills.
The member selection process begins with the information that we
collect on the application. Ten interagency review panels interview all
applicants and nominees, their references, and regional key contacts.
The information provided by the applicant on the application form is
the basis for these contacts. The information that we collect through
the application form and subsequent interviews is the basis of the
Federal Subsistence Board's recommendations to the Secretaries of the
Interior and Agriculture for appointment and reappointment of council
members.
The following forms are associated with recruitment and selection
of members for regional advisory councils:
(i) Form DI-9008, ``Federal Subsistence Regional Advisory Council
Membership Incumbent Application'' (Formerly Form 3-2300)--Incumbent
applicants use this form for membership.
<bullet> Question 1 asks if the applicant has any changes or
updates to their original application.
<bullet> Question 2 concerns the applicant's continued desire to
serve on the Council and their goals.
<bullet> Question 3 is necessary to determine which user group the
applicant wishes to represent.
<bullet> We request that applicants provide at least three
references.
(ii) Form DI-9009, ``Federal Subsistence Regional Advisory Council
Membership Application/Nomination'' (Formerly FWS Form 3-2321)--
Applicants and others nominating individuals complete this form for
membership.
<bullet> Questions 1 through 4 pertain to the applicant's regional
knowledge of resources and uses of those resources.
<bullet> Question 5 concerns the applicant's leadership experience.
<bullet> Question 6 pertains to communication skills.
<bullet> Question 7 helps determine the applicant's knowledge of
public lands.
<bullet> Questions 8 and 9 help gauge the applicant's willingness
and availability to attend meetings.
<bullet> Question 10 is necessary to determine which user group the
applicant wishes to represent.
<bullet> We request that applicants provide at least three
references.
(iii) Form DI-9010, ``Regional Advisory Council Candidate
Interview'' (Formerly FWS Form 3-2322)--Review panel members complete
this form when interviewing applicants.
<bullet> Question 1 asks if the applicant is willing to serve as a
volunteer with no compensation, except for travel and per diem
expenses.
<bullet> Questions 2, 10, and 11 help to gauge the applicant's
commitment level.
<bullet> Questions 3-9 relate to questions on the application form
and provide an opportunity for discussion and gathering of more
detailed information that many respondents are not able to give in
writing.
(iv) Form DI-9011, ``Regional Advisory Council Reference/Key
Contact Interview'' (Formerly FWS Form 3-2323)--Review panel members
completed this form when interviewing references and key contacts.
<bullet> Questions 1-3 provide other perspectives of the
applicant's experience and abilities.
<bullet> Questions 4 and 5 provide the agency with a better
understanding of the applicant's ability to work with others and their
standing in the community and region.
(b) Nonform Information Collections--We also collect nonform
information. Regulations at 43 CFR part 51 (formerly 50 CFR part 100)
contain procedures for the nonform IC requirements, including required
documentation:
(i) Petition To Repeal Subsistence Rules and Regulations--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:
<bullet> Be submitted to the Secretary of the Interior and the
Secretary of Agriculture;
[[Page 34144]]
<bullet> Include the entire text of applicable State legislation
indicating compliance with sections 803, 804, and 805 of ANILCA; and
<bullet> 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.
(ii) Propose Changes to Federal Subsistence Regulations--The Board
will accept proposed changes to the Federal subsistence regulations in
43 CFR part 51 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 the regulations. 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 change should be made;
<bullet> Impact on populations;
<bullet> How change will affect subsistence uses;
<bullet> How change will affect other uses;
<bullet> Communities that have used the resource;
<bullet> Where resource has been harvested; and
<bullet> Months in which resource has been harvested.
(iii) 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 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;
<bullet> The necessity of requested action if required for reasons
of public safety or administration; and
<bullet> Extenuating circumstances that necessitate a regulatory
change before the next regulatory review.
(iv) Requests for Reconsideration (Appeals)--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.
(c) Other Permits and Reports.
(i) 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. The harvest must
be reported, and any animals harvested will count against any
established Federal harvest quota for the area in which it is
harvested.
(ii) 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 may be required to consult with the in-season manager. Such persons
also may be required to either provide or label the equipment with
certain information such as name and contact information and other
household members who will use the equipment, permittee's name and
address, species of fish take, number of fish taken, dates of use,
registration permit number, organization's name and address (if
applicable), and primary contact person name and telephone number.
(iii) Reports and Recommendations--Subsistence Regional Advisory
Councils are required to send an annual report to the Federal
Subsistence Board describing 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.
(iv) Customary Trade Sales--The Board manages each region
differently regarding customary trade, primarily based 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.
(v) 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.
(vi) Meeting Request--The Board meets at least twice per year and
at such other times as deemed necessary. Meetings occur at the call of
the chair, but any member may request a meeting. There is no specified
format to request a meeting. Usually, we recommend to the Board that it
have a meeting on a special topic. This is not a common occurrence.
(vii) 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 1 due to the regulatory requirement.
[[Page 34145]]
(viii) 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 1 due to the regulatory requirement.
(ix) Requests for Individual Customary and Traditional Use
Determinations--The Federal Subsistence Board has determined that rural
Alaska residents of the listed communities and areas and certain
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 National
Park Service 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 1
due to the regulatory requirement.
(x) 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 1 due to the regulatory requirement.
(xi) Labeling/Marking Requirements (see specific sections
identified below)
(A) 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 that the
public can go to inform themselves of possible hazards prior to using
public lands.
(B) Evidence of Sex and Identity--In certain areas and with certain
species of both wildlife and fish, evidence of sex and identity is
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.
(C) 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 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
U.S. Coast Guard for safety in navigation concerns. The above reasons
also hold true regarding registering a fishwheel with the State or the
Federal program.
(D) 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
requirement 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.
(E) 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.
(xii) 3rd Party Notifications (Tags, Marks, or Collar Notification
and Return)--Users must present the tags, markings, or collars to the
Alaska Department of Fish and Game 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.
(3) CONVERSION OF CERTAIN FORMS TO BE COMMON FORMS (1090-NEW):
Hunting and Fishing Applications, Permits, and Reports--Persons engaged
in taking wildlife, fish, and shellfish on public lands in Alaska for
subsistence uses must apply for and obtain a permit and comply with the
reporting provisions of that permit. All subsistence program land-
managing agencies in Alaska use the five forms identified below to
collect information from qualified rural residents for subsistence
harvest to verify the applicant as a federally qualified user and to
track take of wildlife and fish.
Staff anthropologists use the information to inform customary and
traditional use determinations by describing the past human uses of
resources, who has used them, and where they have been used. Staff
biologists use the information to evaluate harvest success;
effectiveness of season lengths, harvest quotas, and restrictions;
hunting/fishing patterns and practices; and overall use.
The Federal Subsistence Board uses the harvest data, along with
other information, to set future season dates and bag limits for
Federal subsistence resource users. These seasons and bag limits are
set to meet needs of subsistence hunters without adverse impact to the
health of existing animal populations.
(i) Form DI-9012, ``Federal Subsistence Customary Trade
Recordkeeping Form'' (Formerly FWS Form 3-2379)--Federally qualified
subsistence users who want to take part in customary trade must
complete this form. Staff anthropologists use the information to inform
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. That they are a federally qualified subsistence user;
2. Their community of primary residence for community harvest
allocations;
3. Season and permit number; and
4. Other household members who may conduct customary trade with the
permit.
<bullet> Remaining information tracks date of sales, buyers, and
buyers' addresses, total dollar amount, species taken, fish parts.
(ii) Form DI-9013, ``Designated Fishing Application, Permit, and
Report'' (Formerly FWS Form 3-2378)--Federally qualified subsistence
users who want to harvest fish for other federally qualified
subsistence users must complete this form. 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.
[[Page 34146]]
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. That they are a federally qualified subsistence user;
2. Their community of primary residence for community harvest
allocations; and
3. The season and permit number.
<bullet> Applicants identify both whom they fished for and their
subsistence permit number. The permit number verifies they are
federally qualified users and tracks usage by communities.
<bullet> The remaining information requested in the form tracks
species taken, number retained, and gear for biological and
anthropological analysis.
(iii) Form DI-9014, ``Designated Hunter Application, Permit, and
Report'' (Formerly FWS Form 3-2327)--Federally qualified subsistence
users who want to harvest wildlife for other federally qualified
subsistence users must complete this form.
<bullet> Applicants provide information on the permit to identify:
1. That 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 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> The remaining information provides harvest data such as
unit, drainage, or specific location and number, by sex, of animals
taken.
(iv) Form DI-9015, ``Federal Subsistence Fishing Application,
Permit, and Report'' (FWS Form 3-2328)--Federally qualified subsistence
users who want to harvest fish complete this form.
<bullet> Applicants provide information on the permit to identify:
1. That they are a federally qualified subsistence user;
2. Their community of primary residence for community harvest
allocations;
3. The season and permit number; and
4. Other household members who may fish with the permit.
<bullet> The 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> The form must be completed and returned by the date
designated on the permit.
(v) Form DI-9016, ``Federal Subsistence Hunt Application, Permit,
and Report'' (Formerly FWS Form 3-2326)--Federally qualified
subsistence users who want to harvest wildlife complete this form.
<bullet> Applicants provide information on the permit to identify:
1. That 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.
Copies of the draft forms or any other documentation described
above are available to the public by submitting an email request to the
Service Information Collection Clearance Officer as provided above in
ADDRESSES.
Title of Collection: Federal Subsistence Regulations and Associated
Forms, 43 CFR part 51.
OMB Control Number: 1090-New (formerly 1018-0075).
Form Numbers: DI Forms 9008-9012.
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: 385.
Total Estimated Number of Annual Responses: 385.
Estimated Completion Time per Response: Varies from 5 minutes to 40
hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 281.
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 Nonhour Burden Cost: There is no non-hour
cost burden associated with this information collection. Postage is
prepaid as a Federal Government expense.
Send your comments and suggestions on this information collection
by the date indicated above in DATES via one of the methods set forth
in ADDRESSES. Please reference ``OMB Control Number 1018-0075/1090-
New'' in the subject line of your comments.
Title of Collection: Common Forms Used with Federal Subsistence
Regulations, 43 CFR part 51.
OMB Control Number: 1090-New.
Form Numbers: DI Forms 9012-9016.
Type of Review: New.
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: 4,918.
Total Estimated Number of Annual Responses: 4,918.
Estimated Completion Time per Response: Varies from 5 minutes to 15
minutes, depending on activity.
Total Estimated Number of Annual Burden Hours: 1,231.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion for applications; annually or
on occasion for reports and recordkeeping requirements.
Total Estimated Annual Nonhour Burden Cost: There is no non-hour
cost burden associated with this information collection. Postage is
prepaid as a Federal Government expense.
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 revise OMB
Control Number 1018-0075, to transfer the currently approved
information collections to a new 1090 control number, and to request a
new control number for the new common forms. This input will help us
assess the impact of our information collection requirements and
minimize the public's reporting burden. It will also help the public
understand our information collection 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
[[Page 34147]]
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 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.
Send your comments and suggestions on this information collection
by the date indicated above in DATES via one of the methods set forth
in ADDRESSES. Please reference ``OMB Control Number 1090-New OSM'' in
the subject line of your comments.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish and shellfish,
National forests, Public lands, Reporting and recordkeeping
requirements, Wildlife.
43 CFR Part 51
Administrative practice and procedure, Alaska, Fish and shellfish,
National forests, Public lands, Reporting and recordkeeping
requirements, Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish and shellfish,
National forests, Public lands, Reporting and recordkeeping
requirements, Wildlife.
Regulation Promulgation
For the reasons stated in the preamble, and as directed by
Secretary's Order 3413, dated June 27, 2024, the Department of
Agriculture amends 36 CFR part 242, and the Department of the Interior
amends 43 CFR subtitle A and 50 CFR chapter I, subchapter H, as set
forth below:
Title 36--Parks, Forestry, and Public Property
PART 242--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
0
1. The authority citation for part 242 continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart A--General Provisions
Sec. 242.8 [Amended]
0
2. In Sec. 242.8, remove the text ``50 CFR Part 100 or 36 CFR Part
242'' and add in its place the text ``43 CFR part 51 or this part''.
0
3. Revise Sec. 242.9 to read as follows:
Sec. 242.9 Information collection requirements.
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this part and assigned
OMB Control Number 0596-New. Federal agencies may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Direct comments regarding the burden estimate or any other aspect of
the information collection to the Information Collection Clearance
Officer, Office of the Chief Information Officer, U.S. Department of
Agriculture, 1400 Independence Ave. SW, Washington, DC 20250.
Subpart B--Program Structure
0
4. In Sec. 242.10, revise and republish paragraphs (d)(7) and (9) to
read as follows:
Sec. 242.10 Federal Subsistence Board.
* * * * *
(d) * * *
(7) The Board shall establish a Staff Committee for analytical and
administrative assistance composed of members from the Office of
Subsistence Management, U.S. Fish and Wildlife Service, National Park
Service, U.S. Bureau of Land Management, Bureau of Indian Affairs, and
USDA Forest Service. A representative from the Office of Subsistence
Management shall serve as Chair of the Interagency Staff Committee.
* * * * *
(9) The Office of Subsistence Management and the Interagency Staff
Committee shall provide appropriate administrative support for the
Board.
* * * * *
Sec. 242.19 [Amended]
0
5. In Sec. 242.19, amend paragraph (d) by removing ``website (<a href="http://alaska.fws.gov/asm/index.cfml">http://alaska.fws.gov/asm/index.cfml</a>)'' and adding in its place ``website
(<a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>)''.
Subpart C--Board Determinations
0
6. In Sec. 242.22, revise and republish paragraph (b) to read as
follows:
Sec. 242.22 Subsistence resource regions.
* * * * *
(b) You may obtain maps delineating the boundaries of subsistence
resource regions from the Office of Subsistence Management or online at
<a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>.
0
7. In Sec. 242.23:
0
a. In paragraph (a), remove ``Sec. 100.15'' and add in its place
``Sec. 242.15''; and
0
b. Revise and republish paragraph (b).
The revision reads as follows:
Sec. 242.23 Rural determinations.
* * * * *
(b) You may obtain maps delineating the boundaries of nonrural
areas from the Office of Subsistence Management or online at <a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>.
Subpart D--Subsistence Taking of Fish and Wildlife
Sec. 242.25 [Amended]
0
8. In Sec. 242.25, amend the definition of ``Registration permit'' by
removing the text ``50 CFR 100.17 and 36 CFR 242.17'' and adding in its
place the text ``43 CFR 51.17 and Sec. 242.17''.
Sec. 242.26 [Amended]
0
9. In Sec. 242.26, amend paragraphs (n)(11)(i)(C)(2),
(n)(12)(i)(D)(2), and (n)(13)(iii)(C)(2) by removing ``50 CFR
100.25(e)'' and adding in its place ``Sec. 242.25(e)''.
Sec. 242.28 [Amended]
0
10. In Sec. 242.28, amend paragraph (b)(6) by removing ``Sec.
100.27(b)(2)'' and adding in its place ``Sec. 242.27(b)(2)''.
[[Page 34148]]
Title 50--Wildlife and Fisheries
Chapter I--United States Fish and Wildlife Service, Department of the
Interior
PART 100--[TRANSFERRED AND REDESIGNATED]
0
11. Under the authority of title VIII of the Alaska National Interest
Lands Conservation Act, 16 U.S.C. 3111-3126; regulations at 36 CFR part
242 and 50 CFR part 100 and sections 2 and 5 of Reorganization Plan No.
3 of 1950 (64 Stat. 1262), as amended, transfer part 100 to 43 CFR
subtitle A and redesignate it as part 51.
Subchapter H [Removed and Reserved]
0
12. Under the authority of title VIII of the Alaska National Interest
Lands Conservation Act, 16 U.S.C. 3111-3126; regulations at 36 CFR part
242 and 50 CFR part 100 and sections 2 and 5 of Reorganization Plan No.
3 of 1950 (64 Stat. 1262), as amended, subchapter H is removed and
reserved.
Title 43--Public Lands: Interior
Subtitle A--Office of the Secretary of the Interior
PART 51--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
0
13. The authority citation for newly transferred and redesignated part
51 continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart A--General Provisions
Sec. 51.4 [Amended]
0
14. In newly transferred and redesignated Sec. 51.4:
0
a. In the definition of ``Board'', remove ``Sec. 100.10'' and add in
its place ``Sec. 51.10'';
0
b. In the definition of ``Federal Advisory Committees'', remove ``Sec.
100.12'' and add in its place ``Sec. 51.12'';
0
c. In the definition of ``Regional Councils or Regional Council'',
remove ``Sec. 100.11'' and add in its place ``Sec. 51.11''; and
0
d. In the definition of ``Rural'', remove ``Sec. 100.15'' and add in
its place ``Sec. 51.15''.
Sec. 51.5 [Amended]
0
15. In newly transferred and redesignated Sec. 51.5:
0
a. In paragraph (a), remove ``Sec. 100.23'' and add in its place
``Sec. 51.23''; and
0
b. In paragraph (b), remove ``Sec. 100.24'' and add in its place
``Sec. 51.24''.
Sec. 51.7 [Amended]
0
16. In newly transferred and redesignated Sec. 51.7, amend paragraph
(c) by removing ``Sec. Sec. 100.25, 100.26, 100.27, or 100.28'' and
adding in its place ``Sec. 51.25, Sec. 51.26, Sec. 51.27, or Sec.
51.28''.
Sec. 51.8 [Amended]
0
17. In newly transferred and redesignated Sec. 51.8, remove the text
``50 CFR Part 100 or 36 CFR Part 242'' and add in its place the text
``this part or 36 CFR part 242''.
0
18. Newly transferred and redesignated Sec. 51.9 is revised and
republished to read as follows:
Sec. 51.9 Information collection requirements.
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this part and assigned
OMB Control Number 1090-New. Federal agencies may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Direct comments regarding the burden estimate or any other aspect of
the information collection to the Departmental Information Collection
Clearance Officer, Office of the Chief Information Officer, 1849 C
Street NW, Washington, DC 20240.
Subpart B--Program Structure
0
19. In newly transferred and redesignated Sec. 51.10, revise and
republish paragraphs (d)(7) and (9) to read as follows:
Sec. 51.10 Federal Subsistence Board.
* * * * *
(d) * * *
(7) The Board shall establish a Staff Committee for analytical and
administrative assistance composed of members from the Office of
Subsistence Management, U.S. Fish and Wildlife Service, National Park
Service, U.S. Bureau of Land Management, Bureau of Indian Affairs, and
USDA Forest Service. A representative from the Office of Subsistence
Management shall serve as Chair of the Interagency Staff Committee.
* * * * *
(9) The Office of Subsistence Management and the Interagency Staff
Committee shall provide appropriate administrative support for the
Board.
* * * * *
Sec. 51.11 [Amended]
0
20. In newly transferred and redesignated Sec. 51.11, amend paragraph
(c)(1)(x) by removing ``Sec. 100.17'' and adding in its place ``Sec.
51.17''.
Sec. 51.12 [Amended]
0
21. In newly transferred and redesignated Sec. 51.12, amend paragraph
(a) by removing ``Sec. 100.11'' and adding in its place ``Sec.
51.11''.
Sec. 51.15 [Amended]
0
22. In newly transferred and redesignated Sec. 51.15, amend paragraph
(a) by removing ``Sec. 100.23'' and adding in its place ``Sec.
51.23''.
Sec. 51.16 [Amended]
0
23. In newly transferred and redesignated Sec. 51.16, amend paragraph
(d) by removing ``Sec. 100.24'' and adding in its place ``Sec.
51.24''.
Sec. 51.18 [Amended]
0
24. In newly transferred and redesignated Sec. 51.18:
0
a. In the introductory text of paragraph (a), remove ``Sec. 100.19''
and add in its place ``Sec. 51.19''; and
0
b. In paragraph (a)(1), remove ``Sec. 100.11'' and add in its place
``Sec. 51.11''.
Sec. 51.19 [Amended]
0
25. In newly transferred and redesignated Sec. 51.19:
0
a. In paragraphs (a)(1) and (b)(1)(ii), remove ``Sec. 100.18(a)(4)''
and add in its place ``Sec. 51.18(a)(4)''; and
0
b. In paragraph (d), remove the internet address ``Web site (<a href="http://alaska.fws.gov/asm/index.cfml">http://alaska.fws.gov/asm/index.cfml</a>)'' and add in its place ``website
(<a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>)''.
Subpart C--Board Determinations
0
26. In newly transferred and redesignated Sec. 51.22, revise and
republish paragraph (b) to read as follows:
Sec. 51.22 Subsistence resource regions.
* * * * *
(b) You may obtain maps delineating the boundaries of subsistence
resource regions from the Office of Subsistence Management or online at
<a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>.
0
27. In newly transferred and redesignated Sec. 51.23:
0
a. In paragraph (a), remove ``Sec. 100.15'' and add in its place
``Sec. 51.15''; and
0
b. Revise and republish paragraph (b).
The revision reads as follows:
Sec. 51.23 Rural determinations.
* * * * *
(b) You may obtain maps delineating the boundaries of nonrural
areas from the Office of Subsistence Management
[[Page 34149]]
or online at <a href="https://www.doi.gov/subsistence">https://www.doi.gov/subsistence</a>.
Subpart D--Subsistence Taking of Fish and Wildlife
Sec. 51.25 [Amended]
0
28. In newly transferred and redesignated Sec. 51.25:
0
a. In paragraph (a), in the definition of ``Registration permit'',
remove ``50 CFR 100.17'' and add in its place ``Sec. 51.17'';
0
b. In paragraph (b), remove the text ``Sec. Sec. 100.26 through
100.28'' in both places it occurs and add in each place ``Sec. Sec.
51.26 through 51.28'';
0
c. In paragraph (c)(1), remove ``Sec. Sec. 100.26, 100.27, or 100.28''
and add in its place ``Sec. 51.26, Sec. 51.27, or Sec. 51.28'';
0
d. In paragraphs (c)(2) and (4), remove ``Sec. 100.10(d)(5)(ii)'' and
add in its place ``Sec. 51.10(d)(5)(ii)'';
0
e. In paragraph (e), remove ``Sec. 100.26'' in both places it occurs
and add in each place ``Sec. 51.26'';
0
f. In paragraph (f), remove ``Sec. 100.10(d)(5)(ii)'' and add in its
place ``Sec. 51.10(d)(5)(ii)''; and
0
g. In paragraph (j)(1) introductory text, remove ``Sec. 100.26, Sec.
100.27, or Sec. 100.28'' and add in its place ``Sec. 51.26, Sec.
51.27, or Sec. 51.28''.
Sec. 51.26 [Amended]
0
29. In newly transferred and redesignated Sec. 51.26, amend paragraphs
(n)(11)(i)(C)(2), (n)(12)(i)(D)(2), and (n)(13)(iii)(C)(2) by removing
``50 CFR 100.25(e)'' and adding in its place ``Sec. 51.25(e)''.
Sec. 51.27 [Amended]
0
30. In newly transferred and redesignated Sec. 51.27, amend paragraph
(e)(13)(xx) by removing ``Sec. 100.3(b)(5)'' and adding in its place
``Sec. 51.3(b)(5)''.
Sec. 51.28 [Amended]
0
31. In newly transferred and redesignated Sec. 51.28:
0
a. In paragraph (b)(6), remove ``Sec. 100.27(b)(2)'' and add in its
place ``Sec. 51.27(b)(2)''; and
0
b. In paragraph (i)(1), remove ``Sec. __.3(b)(5) of these
regulations'' and add in its place ``Sec. 51.3(b)(5)''.
Tyler Hassen,
Acting Assistant Secretary--Policy, Management and Budget, U.S.
Department of the Interior.
Kristin Sleeper,
Deputy Under Secretary--Natural Resources and Environment, U.S.
Department of Agriculture.
[FR Doc. 2025-13497 Filed 7-17-25; 8:45 am]
BILLING CODE 4334-13-P; 3411-15-P
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