Proposed Rule2026-02853
Subsistence Management Regulations for Public Lands in Alaska-2027-28 and 2028-29 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
February 12, 2026
Issuing agencies
Agriculture DepartmentForest ServiceInterior Department
Abstract
This proposed rule would update regulations for fish and shellfish seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2027-2028 and 2028-2029 regulatory years. The Federal Subsistence Board (the Board) is on a schedule of completing the process of revising subsistence take of fish and shellfish regulations in odd-numbered years and subsistence take 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 and rural determinations every other fish and shellfish regulatory cycle. When final, the resulting rulemaking will replace the existing subsistence fish and shellfish taking regulations. This proposed rule could also amend the general regulations on subsistence taking of fish and wildlife. During this rulemaking cycle, the Board will accept proposals for rural determinations that will be decided by the Board during the subsequent fish and shellfish regulatory cycle.
Full Text
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<title>Federal Register, Volume 91 Issue 29 (Thursday, February 12, 2026)</title>
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[Federal Register Volume 91, Number 29 (Thursday, February 12, 2026)]
[Proposed Rules]
[Pages 6552-6557]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02853]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
43 CFR Part 51
[Docket No. DOI-2025-0071; 256D0102DM DS61900000 DMSN00000.000000
DX61901]
RIN 1090-AB31
Subsistence Management Regulations for Public Lands in Alaska--
2027-28 and 2028-29 Subsistence Taking of Fish and Shellfish
Regulations
AGENCY: Office of Subsistence Management, Interior; Forest Service,
Agriculture.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would update regulations for fish and
shellfish seasons, harvest limits, methods, and means related to taking
of fish and shellfish for subsistence uses during the 2027-2028 and
2028-2029 regulatory years. The Federal Subsistence Board (the Board)
is on a schedule of completing the process of revising subsistence take
of fish and shellfish regulations in odd-numbered years and subsistence
take 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 and rural determinations every other fish and
shellfish regulatory cycle. When final, the resulting rulemaking will
replace the existing subsistence fish and shellfish taking regulations.
This proposed rule could also amend the general regulations on
subsistence taking of fish and wildlife. During this rulemaking cycle,
the Board will accept proposals for rural determinations that will be
decided by the Board during the subsequent fish and shellfish
regulatory cycle.
DATES:
Public meetings: The Federal Subsistence Regional Advisory Councils
(the Councils) will receive comments and make proposals to change this
proposed rule during public meetings held between February 17, 2026,
and April 1, 2026. 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 between September 24,
2026, and October 29, 2026 (see Alaska Subsistence Regional Advisory
Council Meetings for 2026; 91 FR 3921; January 29, 2026). The Board
will discuss and evaluate proposed regulatory changes during a public
meeting in Anchorage, Alaska, in February 2027. 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 3, 2026.
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 Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter Docket number DOI-2025-
0071. 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-2025-0071; 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
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="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#f7848295849e848392999492b79e9884d993989ed9909881"><span class="__cf_email__" data-cfemail="07747265746e747362696462476e68742963686e29606871">[email protected]</span></a>. For questions
specific to National Forest System lands, contact Gregory Risdahl,
Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907)
302-7354 or <a href="/cdn-cgi/l/email-protection#d7b0a5b2b0b8a5aef9a5bea4b3b6bfbb97a2a4b3b6f9b0b8a1"><span class="__cf_email__" data-cfemail="2d4a5f484a425f54035f445e494c45416d585e494c034a425b">[email protected]</span></a>. In compliance with the Providing
Accountability Through Transparency Act of 2023, please see Docket No.
DOI-2025-0071 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 (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 or
communities 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 43, ``Public Lands: Interior,'' at 36 CFR 242.1-28 and 43
CFR 51.1-28, respectively. Consequently, to indicate that identical
changes are proposed for regulations in both titles 36 and 43, in this
document we will present references to specific sections of the CFR as
shown in the following example: Sec. _.27.
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 (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
[[Page 6553]]
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 2026 Meetings of the Federal Subsistence Regional
Advisory Councils
------------------------------------------------------------------------
Regional Advisory Council Dates Location
------------------------------------------------------------------------
Southeast Alaska--Region 1.... March 10-12...... Juneau.
Southcentral Alaska--Region 2. March 17-18...... Anchorage.
Kodiak/Aleutians--Region 3.... March 4-5........ Kodiak.
Bristol Bay--Region 4......... March 9-10....... Naknek.
Yukon-Kuskokwim Delta--Region March 17-19...... Bethel.
5.
Western Interior--Region 6.... February 24-25... Fairbanks.
Seward Peninsula--Region 7.... March 30-31...... Nome.
Northwest Arctic--Region 8.... March 31-April 1. Kotzebue.
Eastern Interior--Region 9.... March 3-5........ Fairbanks.
North Slope--Region 10........ February 24-25... Utqiagvik.
------------------------------------------------------------------------
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 and rural determinations, will be
compiled and distributed for public review. Written public comments
will be accepted on the distributed proposals during a second minimum
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
2026, to receive comments on specific proposals and to develop
recommendations to the Board on the following dates:
Table 2--Fall 2026 Meetings of the Federal Subsistence Regional Advisory
Councils
------------------------------------------------------------------------
Regional Advisory Council Dates Location
------------------------------------------------------------------------
Southeast Alaska--Region 1.... October 20-22.... Gustavus.
Southcentral Alaska--Region 2. October 14-15.... Anchorage.
Kodiak/Aleutians--Region 3.... October 1-2...... Unalaska.
Bristol Bay--Region 4......... October 28-29.... Dillingham.
Yukon-Kuskokwim Delta--Region October 27-29.... Bethel.
5.
Western Interior--Region 6.... October 6-7...... Aniak.
Seward Peninsula--Region 7.... October 20-21.... Nome.
Northwest Arctic--Region 8.... September 24-25.. Kotzebue.
Eastern Interior--Region 9.... October 6-8...... Fort Yukon.
North Slope--Region 10........ Oct 1-2.......... Utqiagvik.
------------------------------------------------------------------------
Public notice of specific dates, times, call-in number(s), and how
to participate and provide public testimony will be 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 2-3 days. Occasionally a Council
will lack the necessary information 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 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 through news releases and
local radio, the 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 February 2027. The Council Chairs, or
their designated representatives, will present their
[[Page 6554]]
respective Councils' recommendations at the Board meeting. Additional
oral testimony may be given 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, customary and
traditional use determinations, and rural 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 Sec.
_.23, and _.24 subpart C (rural determinations and customary and
traditional use determinations) and 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. During the February 2027 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 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 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 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-2025-0071, 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 the Office of Subsistence Management at 907-786-3888,
<a href="/cdn-cgi/l/email-protection#0172746372687275646f626441686e722f656e682f666e77"><span class="__cf_email__" data-cfemail="83f0f6e1f0eaf0f7e6ede0e6c3eaecf0ade7eceaade4ecf5">[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 provide an opportunity to Tribes and Alaska Native
corporations for consultation regarding subsistence rulemaking
according to the Board's policies on consultation.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the 2027-28 and 2028-29 Fish and Shellfish Proposed
Regulations
In titles 36 and 43 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 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. Rural determinations are 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 proposal and 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
[[Page 6555]]
directly affecting the closure) should submit a regulatory proposal.
Anyone recommending a closure to federally qualified subsistence users
be rescinded should consider also responding to this proposed rule by
submitting a proposal to establish Federal regulations for the area and
species that was closed.
Table 3--Fish and Shellfish Closures To Be Reviewed by the Federal
Subsistence Board for the 2027-2028 and 2028-2029 Regulatory Years
------------------------------------------------------------------------
Fishery management area Species General description
------------------------------------------------------------------------
Yukon-Northern Area......... Salmon......... Kanuti River--closed to
federally qualified
subsistence users.
Yukon-Northern Area......... Salmon......... Bonanza Creek--closed to
federally qualified
subsistence users.
Yukon-Northern Area......... Salmon......... Jim River--closed to
federally qualified
subsistence users.
Aleutian Islands Area....... Salmon......... Unalaska Lake--closed to
federally qualified
subsistence users.
Aleutian Islands Area....... Salmon......... Summers and Morris Lakes--
closed to federally
qualified subsistence
users.
Aleutian Islands Area....... Salmon......... Unalaska Bay--closed to
federally qualified
subsistence users.
Aleutian Islands Area....... Salmon......... McLees Lake--closed to
federally qualified
subsistence users.
Kodiak Area................. King Crab...... Womens Bay, Gibson Cove,
Karluk River, and
Afognak Island marine
waters--closed to non-
federally qualified
users.
Southeastern Alaska Area.... Sockeye Salmon. Neva Lake, Neva Creek,
and South Creek--closed
to non-federally
qualified users.
Southeastern Alaska Area.... All Fish....... Kah Sheets Creek--closed
to non-federally
qualified users.
------------------------------------------------------------------------
The current subsistence program regulations form the starting point
for consideration during each new rulemaking cycle. Consequently, in
this fish and shellfish rulemaking action, the Board will consider
proposals to revise the regulations in any of the following sections of
titles 36 and 43 of the CFR:
<bullet> Sec. _.23: rural determinations;
<bullet> Sec. _.24: customary and traditional use determinations;
<bullet> Sec. _.25: general provisions governing the subsistence
take of wildlife, fish, and shellfish;
<bullet> Sec. _.27: specific provisions governing the subsistence
take of fish; and
<bullet> Sec. _.28: specific provisions governing the subsistence
take of shellfish.
As such, the text of the proposed 2027-2029 subparts C and D
subsistence regulations in titles 36 and 43 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 242.23, 242.27, and
242.28 and 43 CFR 51.23, 51.27, and 51.28 is the final rule for the
2025-2027 regulatory period for fish and shellfish (90 FR 34157, July
18, 2025).
The text of the proposed amendments to 36 CFR 242.24 and 242.25 and
43 CFR 51.24 and 51.25 is the final rule for the transfer and amendment
of Federal Subsistence Management Program regulations (90 FR 34148;
July 18, 2025).
These regulations will remain in effect until subsequent Board
action changes them as a result of the public review process outlined
above in this document and a new 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 or to
continue subsistence uses. 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 1997 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 43 CFR part 51, and assigned OMB
Control Numbers 1090-0014 and 1090-0015, with an expiration date of
November 30, 2028. 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 and 13563)
According to Executive Order 12866, as reaffirmed by E.O. 13563,
regulations
[[Page 6556]]
must be based on the best available science, and the rulemaking process
must allow for public participation and an open exchange of ideas. The
OMB Office of Information and Regulatory Affairs (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.
E.O. 13563 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 federal public lands. The scope of this program
is limited by definition to certain federal public lands. Likewise,
these proposed regulations have no potential takings of private
property or require any permitting on private property 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 Advisory 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.
Executive Order 14153
This Executive order directs all bureaus of the Department of the
Interior to consider the Alaskan cultural significance of hunting and
fishing and the statutory priority of subsistence management required
by ANILCA, to conduct meaningful consultation with the State fish and
wildlife management agencies prior to enacting regulations that affect
the ability of Alaskans to hunt and fish on public lands, and to ensure
to the greatest extent possible that hunting and fishing opportunities
on Federal lands are consistent with similar opportunities on State
lands.
The Board will offer consultation with the State of Alaska on all
matters addressed during this regulatory cycle. In addition, the State
will be afforded opportunities to provide input into the analyses of
all the proposed changes to the regulations and to provide comments to
the Councils and the Board on regulatory matters being considered. The
Board will consider all comments and information provided by the State
in this process. The Board will also review applicable State
regulations. Deviations in consistency between State and Federal
hunting and fishing opportunities will be minimized to the extent
possible while the Program continues to meet the mandates of ANILCA.
Executive Order 14192
This Executive order requires that, for each new regulation issued,
at least 10 prior regulations be identified for elimination. The
purpose is to ensure that the cost of planned regulations is
responsibly managed and controlled through a rigorous regulatory
budgeting process. The Program's rulemaking does not create new
regulations, rather it revises existing regulations. Since this
rulemaking does not create new regulations, it does not necessitate the
identification of regulations for recission.
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> Matt Varner, 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
[[Page 6557]]
<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.
43 CFR Part 51
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 43 CFR part 51 for the
2027-28 and 2028-29 regulatory years:
Proposed amendments to 36 CFR 242.23, 242.27, and 242.28 and 43 CFR
51.23, 51.27, and 51.28 last amended by the final rule for the 2025-
2027 regulatory period for fish and shellfish (90 FR 34157, July 18,
2025).
Proposed amendments to 36 CFR 242.24 and 242.25 and 43 CFR 51.24
and 51.25 last amended by the final rule for the transfer and amendment
of Federal Subsistence Management Program regulations (90 FR 34148;
July 18, 2025).
Crystal Leonetti,
Director, DOI--Office of Subsistence Management.
Gregory Risdahl,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2026-02853 Filed 2-11-26; 8:45 am]
BILLING CODE 3411-15-P; 4334-13-P
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</html>Indexed from Federal Register on February 12, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.