Subsistence Management Regulations for Public Lands in Alaska-2023-24 and 2024-25 Subsistence Taking of Fish and Shellfish Regulations

CourtForest Service
Published date17 March 2022
Record Number2022-05616
Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
                [Proposed Rules]
                [Pages 15155-15160]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05616]
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                DEPARTMENT OF AGRICULTURE
                Forest Service
                36 CFR Part 242
                DEPARTMENT OF THE INTERIOR
                Fish and Wildlife Service
                50 CFR Part 100
                [Docket No. FWS-R7-SM-2021-0039; FXFR13350700640-223-FF07J00000]
                RIN 1018-BF19
                Subsistence Management Regulations for Public Lands in Alaska--
                2023-24 and 2024-25 Subsistence Taking of Fish and Shellfish
                Regulations
                AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
                Interior.
                ACTION: Proposed rule.
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                SUMMARY: This proposed rule would establish regulations for fish and
                shellfish seasons, harvest limits, methods, and means related to taking
                of fish and shellfish for subsistence uses during the 2023-2024 and
                2024-2025 regulatory years. The Federal Subsistence Board (Board) is on
                a schedule of completing the process of revising subsistence taking of
                fish and shellfish regulations in odd-numbered years and subsistence
                taking of wildlife regulations in even-numbered years; public proposal
                and review processes take place during the preceding year. The Board
                also addresses customary and traditional use determinations during the
                applicable cycle; in addition, during the rulemaking cycle for the fish
                and shellfish regulations, the Board will accept proposals for nonrural
                determinations. 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.
                DATES:
                 Public meetings: The Federal Subsistence Regional Advisory Councils
                will hold public meetings to receive comments and make proposals to
                change this proposed rule February 8 through March 24, 2022, and will
                hold another round of public meetings to discuss and receive comments
                on the proposals, and make recommendations on the proposals to the
                Federal Subsistence Board, on several dates between September 20 and
                November 2, 2022. The Board will discuss and evaluate proposed
                regulatory changes during a public meeting in Anchorage,
                [[Page 15156]]
                AK, in January 2023. See SUPPLEMENTARY INFORMATION for specific
                information on dates and locations of the public meetings.
                 Public comments: Comments and proposals to change this proposed
                rule must be received or postmarked by May 16, 2022.
                ADDRESSES:
                 Public meetings: The Federal Subsistence Board and the Federal
                Subsistence Regional Advisory 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:
                https://www.regulations.gov. In the Search box, enter Docket number
                FWS-R7-SM-2021-0039. 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: Public
                Comments Processing, Attn: FWS-R7-SM-2021-0039; U.S. Fish and Wildlife
                Service; 5275 Leesburg Pike, MS: PRB (JAO/3W); Falls Church, VA 22041-
                3803. If in-person meetings are held, you may also deliver a hard copy
                to the Designated Federal Official attending any of the Federal
                Subsistence Regional Advisory Council public meetings. See
                SUPPLEMENTARY INFORMATION for additional information on locations of
                the public meetings.
                 We will post all comments on https://www.regulations.gov. This
                generally means that we will post any personal information you provide
                us (see the Public Review Process section below for more information).
                FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
                U.S. Fish and Wildlife Service, Attention: Sue Detwiler, Office of
                Subsistence Management; (907) 786-3888 or [email protected]. For
                questions specific to National Forest System lands, contact Gregory
                Risdahl, Regional Subsistence Program Leader, USDA, Forest Service,
                Alaska Region; (907) 302-7354 or [email protected].
                SUPPLEMENTARY INFORMATION:
                Background
                 Under Title VIII of the Alaska National Interest Lands Conservation
                Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
                the Secretary of Agriculture (hereafter referred to as ``the
                Secretaries'') jointly implement the Federal Subsistence Management
                Program (hereafter referred to as ``the Program''). The Program
                provides a preference for take of fish and wildlife resources for
                subsistence uses on Federal public lands and waters in Alaska. Only
                Alaska residents of areas identified as rural are eligible to
                participate in the Program. The Secretaries published temporary
                regulations to carry out the Program in the Federal Register on June
                29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
                22940). Program officials have subsequently amended these regulations a
                number of times.
                 Because the Program is a joint effort between the Departments of
                the Interior and Agriculture, these regulations are located in two
                titles of the Code of Federal Regulations (CFR): The Agriculture
                regulations are at title 36, ``Parks, Forests, and Public Property,''
                and the Interior regulations are at title 50, ``Wildlife and
                Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively.
                Consequently, to indicate that identical changes are proposed for
                regulations in both titles 36 and 50, in this document we will present
                references to specific sections of the CFR as shown in the following
                example: Sec. __.24.
                 The Program regulations contain subparts as follows: Subpart A,
                General Provisions; Subpart B, Program Structure; Subpart C, Board
                Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
                Consistent with subpart B of these regulations, the Secretaries
                established a Federal Subsistence Board to administer the Program. The
                Board comprises:
                 A Chair appointed by the Secretary of the Interior with
                concurrence of the Secretary of Agriculture;
                 The Alaska Regional Director, U.S. Fish and Wildlife
                Service;
                 The Alaska Regional Director, National Park Service;
                 The Alaska State Director, Bureau of Land Management;
                 The Alaska Regional Director, Bureau of Indian Affairs;
                 The Alaska Regional Forester, U.S. Forest Service; and
                 Two public members appointed by the Secretary of the
                Interior with concurrence of the Secretary of Agriculture.
                 Through the Board, these agencies and public members participate in
                the development of regulations for subparts C and D. Subpart C sets
                forth important Board determinations regarding program eligibility,
                i.e., which areas of Alaska are considered rural and which species are
                harvested in those areas as part of a ``customary and traditional use''
                for subsistence purposes. Subpart D sets forth specific harvest seasons
                and limits.
                 In administering the Program, the Secretaries divided Alaska into
                10 subsistence resource regions, each of which is represented by a
                Regional Advisory Council. The Regional Advisory 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
                Regional Advisory Council members represent varied geographical,
                cultural, and user interests within each region.
                Public Review Process--Comments, Proposals, and Public Meetings
                 The Federal Subsistence Regional Advisory Councils will have a
                substantial role in reviewing this proposed rule and making
                recommendations for the final rule. The Federal Subsistence Board,
                through the Federal Subsistence Regional Advisory Councils, will hold
                public meetings via teleconference on this proposed rule on the
                following dates:
                Region 1--Southeast Regional Council--March 22, 2022
                Region 2--Southcentral Regional Council--February 10, 2022
                Region 3--Kodiak/Aleutians Regional Council--February 22, 2022
                Region 4--Bristol Bay Regional Council--February 8, 2022
                Region 5--Yukon-Kuskokwim Delta Regional Council--March 1, 2022
                Region 6--Western Interior Regional Council--February 16, 2022
                Region 7--Seward Peninsula Regional Council--March 3, 2022
                Region 8--Northwest Arctic Regional Council--February 14, 2022
                Region 9--Eastern Interior Regional Council--March 8, 2022
                Region 10--North Slope Regional Council--March 8, 2022
                 Teleconferences are being held in lieu of in-person meetings due to
                public health and safety restrictions that are in effect. A public
                notice of specific dates, times, call-in number(s), and how to
                participate and provide public testimony will be published in local and
                statewide newspapers prior to each meeting.
                 During April 2022, the written proposals to change the regulations
                at subpart D, take of fish and shellfish, and subpart C, customary and
                traditional use and nonrural determinations, will be
                [[Page 15157]]
                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 Regional Advisory Councils, will hold a second
                series of public meetings in September through November 2022, to
                receive comments on specific proposals and to develop recommendations
                to the Board on the following dates:
                Region 1--Southeast Regional Council--October 25, 2022
                Region 2--Southcentral Regional Council--October 13, 2022
                Region 3--Kodiak/Aleutians Regional Council--September 20, 2022
                Region 4--Bristol Bay Regional Council--November 1, 2022
                Region 5--Yukon-Kuskokwim Delta Regional Council--October 27, 2022
                Region 6--Western Interior Regional Council--October 19, 2022
                Region 7--Seward Peninsula Regional Council--October 4, 2022
                Region 8--Northwest Arctic Regional Council--October 31, 2022
                Region 9--Eastern Interior Regional Council--October 5, 2022
                Region 10--North Slope Regional Council--October 13, 2022
                 Teleconferences will substitute for in-person meetings based on
                current public health and safety restrictions in effect. A public
                notice of specific dates, times, call-in number(s), and how to
                participate and provide public testimony will be published in local and
                statewide newspapers prior to each meeting. The amount of work on each
                Regional Advisory Council's agenda determines the length of each
                Regional Advisory Council meeting, but typically the meetings are
                scheduled to last 2 days. Occasionally a Council will lack information
                necessary during a scheduled meeting to make a recommendation to the
                Board or to provide comments on other matters affecting subsistence in
                the region. If this situation occurs, the Council may announce on the
                record a later teleconference to address the specific issue when the
                requested information or data is available; it is noted that any follow
                up teleconference would be an exception and must be approved, in
                advance, by the Assistant Regional Director for the Office of
                Subsistence Management. These teleconferences are open to the public,
                along with opportunities for public comment; the date and time will be
                announced during the scheduled meeting and that same information will
                be announced through news releases and local radio, television, and
                social media ads.
                 The Board will discuss and evaluate proposed changes to the
                subsistence management regulations during a public meeting scheduled to
                be held in Anchorage, Alaska, in January 2023. The Federal Subsistence
                Regional Advisory Council Chairs, or their designated representatives,
                will present their respective Councils' recommendations at the Board
                meeting. Additional oral testimony may be provided on specific
                proposals before the Board at that time. At that public meeting, the
                Board will deliberate and take final action on proposals received that
                request changes to this proposed rule.
                 Proposals to the Board to modify the general fish and wildlife
                regulations, fish and shellfish harvest regulations, and customary and
                traditional use determinations must include the following information:
                 a. Name, address, and telephone number of the requestor;
                 b. Each section and/or paragraph designation in this proposed rule
                for which changes are suggested, if applicable;
                 c. A description of the regulatory change(s) desired;
                 d. A statement explaining why each change is necessary;
                 e. Proposed wording changes; and
                 f. Any additional information that you believe will help the Board
                in evaluating the proposed change.
                 Proposals to the Board to modify the nonrural determinations must
                include the following information:
                 a. Full name and mailing address of the proponent;
                 b. A statement describing the proposed nonrural determination
                action requested;
                 c. A detailed description of the community or area under
                consideration, including any current boundaries, borders, or
                distinguishing landmarks, so as to identify which Alaska residents
                would be affected by the change in nonrural status;
                 d. Rationale and supporting evidence (law, policy, factors, or
                guidance) for the Board to consider in determining the nonrural status
                of a community or area;
                 e. A detailed statement of the facts that illustrate that the
                community or area is nonrural or rural using the rationale and
                supporting evidence stated above; and
                 f. Any additional information supporting the proposed change.
                 The Board immediately rejects proposals that fail to include the
                above information, or proposals that are beyond the scope of
                authorities in Sec. Sec. __.23 and __.24, subpart C (the regulations
                governing nonrural determinations and customary and traditional use),
                and Sec. Sec. __.25, __.27, and __.28 of subpart D (the general and
                specific regulations governing the subsistence take of fish and
                shellfish). If a proposal needs clarification, prior to being
                distributed for public review, the proponent may be contacted, and the
                proposal could be revised based on their input. Once a proposal is
                distributed for public review, no additional changes may be made as
                part of the original submission. During the January 2023 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, Regional Advisory Councils, or the
                Board becomes excessive. These deferrals may be based on
                recommendations by the affected Regional Advisory 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 Regional Advisory 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 https://www.regulations.gov, 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 https://www.regulations.gov.
                 Comments and materials we receive, as well as supporting
                documentation we used in preparing this proposed rule, will be
                available for public inspection on https://www.regulations.gov at
                Docket No. FWS-R7-SM-2021-0039, or by appointment, provided no public
                health or safety restrictions are in effect, between 8 a.m. and 3 p.m.,
                Monday through Friday, except Federal holidays, at: USFWS, Office of
                Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503.
                [[Page 15158]]
                Reasonable Accommodations
                 The Federal Subsistence Board is committed to providing access to
                these meetings for all participants. Please direct all requests for
                sign language interpreting services, closed captioning, or other
                accommodation needs to Robbin La Vine, 907-786-3888,
                [email protected], or 800-877-8339 (TTY), 7 business days prior to
                the meeting you would like to attend.
                Tribal Consultation and Comment
                 As expressed in Executive Order 13175, ``Consultation and
                Coordination with Indian Tribal Governments,'' the Federal officials
                that have been delegated authority by the Secretaries are committed to
                honoring the unique government-to-government political relationship
                that exists between the Federal Government and Federally Recognized
                Indian Tribes (Tribes) as listed in 82 FR 4915 (January 17, 2017).
                Consultation with Alaska Native corporations is based on Public Law
                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 Federally recognized
                Tribes and Alaska Native corporations an opportunity to consult on this
                proposed rule.
                 The Board will engage in outreach efforts for this proposed rule,
                including a notification letter, to ensure that Tribes and Alaska
                Native corporations are advised of the mechanisms by which they can
                participate. The Board provides a variety of opportunities for
                consultation: Proposing changes to the existing rule; commenting on
                proposed changes to the existing rule; engaging in dialogue at the
                Regional Council meetings; engaging in dialogue at the Board's
                meetings; and providing input in person, by mail, email, or phone at
                any time during the rulemaking process. The Board will commit to
                efficiently and adequately providing an opportunity to Tribes and
                Alaska Native corporations for consultation in regard to subsistence
                rulemaking.
                 The Board will consider Tribes' and Alaska Native corporations'
                information, input, and recommendations, and address their concerns as
                much as practicable.
                Developing the 2023-24 and 2024-25 Fish and Shellfish Seasons and
                Harvest Limit Proposed Regulations
                 In titles 36 and 50 of the CFR, the subparts C and D regulations
                are subject to periodic review and revision. The Board currently
                completes the process of revising subsistence take of fish and
                shellfish regulations in odd-numbered years and wildlife regulations in
                even-numbered years; public proposal and review processes take place
                during the preceding year. The Board also addresses customary and
                traditional use determinations during the applicable cycle. Nonrural
                determinations are taken up during fish and shellfish cycles.
                 Based on a revised Board policy, the Board will start reviewing
                closures to the take of fish/shellfish and wildlife during each
                applicable cycle. The following table lists the current closures being
                reviewed for this cycle. In reviewing a closure, the Board may
                maintain, modify, or rescind the closure. If a closure is rescinded,
                the regulations will revert to the existing regulations in place prior
                to the closure, or if no regulations were in place, any changes or the
                establishment of seasons, methods and means, and harvest limits must go
                through the full public review process. The public is encouraged to
                comment on these closures, and anyone recommending that a closure be
                rescinded should submit a proposal to establish regulations for the
                area that was closed.
                 Table 1--Fish and Shellfish Closures To Be Reviewed by the Federal
                 Subsistence Board for the 2023-2024 and 2024-2025 Regulatory Years
                ------------------------------------------------------------------------
                 Fishery management area Closure area
                ------------------------------------------------------------------------
                Yukon/Northern Area............... Kanuti River (all fish).
                Yukon/Northern Area............... Bonanza Creek (all fish).
                Yukon/Northern Area............... Jim River, including Prospect and
                 Douglas Creeks (all fish).
                Yukon/Northern Area............... Delta River (all fish).
                Yukon/Northern Area............... Nome Creek in Beaver Creek Drainage
                 (Grayling).
                Aleutians Area.................... Unalaska Lake (Salmon)--The waters
                 of Unalaska Lake, its tributaries
                 and outlet streams.
                Aleutians Area.................... Summers and Morris Lakes (Salmon)--
                 The waters of Summers and Morris
                 Lakes and their tributaries and
                 outlet streams.
                Aleutian Area..................... Unalaska Bay Freshwater Streams
                 (Salmon/Anadromous Fish)--All
                 streams supporting anadromous fish
                 runs that flow into Unalaska Bay
                 south of a line from the northern
                 tip of Cape Cheerful to the
                 northern tip of Kalekta Point.
                Aleutians Area.................... Mclees Lake (Salmon)--Waters of
                 McLees Lake and its tributaries and
                 outlet streams.
                Aleutian Area..................... Adak and Kagalaska Freshwaters
                 (Salmon)--All freshwater on Adak
                 and Kagalaska Islands in the Adak
                 District.
                Alaska Peninsula Area............. Russel Creek and Nurse Lagoon
                 (Salmon)--Waters of Russel Creek
                 and Nurse Lagoon and within 500
                 yards outside of the mouth of Nurse
                 Lagoon.
                Kodiak Area....................... Womens Bay (Salmon)--All waters
                 inside a line from the tip of the
                 Nyman Peninsula (57[deg]43.23' N
                 lat. 152[deg]31.51' W long.), to
                 the northeastern tip of Mary's
                 Island (57[deg]42.40' N lat.,
                 152[deg]32.00' W long.), to the
                 southeastern shore of Womens Bay at
                 57[deg]41.95' N lat.,
                 152[deg]31.50' W long.
                Kodiak Area....................... Russel Creek and Nurse Lagoon
                 (Salmon)--Waters of Russel Creek
                 and Nurse Lagoon and within 500
                 yards outside of the mouth of Nurse
                 Lagoon.
                Kodiak Area....................... Buskin River Marine Waters (Salmon)--
                 All waters inside of a line running
                 from a marker on the bluff north of
                 the mouth of the Buskin River at
                 approximately 57[deg]45.80' N
                 latitude, 152[deg]28.38' W
                 longitude, to a point offshore at
                 57[deg]45.35' N latitude,
                 152[deg]28.15' W longitude, to a
                 marker located onshore south of the
                 river mouth at approximately
                 57[deg]45.15' N latitude,
                 152[deg]28.65' W longitude.
                Kodiak Area....................... Selief Bay Creek--All waters
                 (Salmon): Fishing within 100 yards
                 of the terminus of Selief Bay
                 Creek.
                [[Page 15159]]
                
                Kodiak Area....................... Afognak Bay (Salmon)--All waters
                 north and west of a line from the
                 tip of Last Point to the tip of
                 River Mouth Point.
                Kodiak Area....................... Afognak Island Freshwaters (Salmon)--
                 All freshwater systems of Afognak
                 Island.
                Kodiak Area....................... Little Kitoi Creek (Salmon)--All
                 waters 500 yards seaward of the
                 mouth.
                Kodiak Area....................... The waters of the Pacific Ocean
                 enclosed by the boundaries of
                 Womens Bay, Gibson Cove (King
                 Crab), and an area defined by a
                 line \1/2\ mile on either side of
                 the mouth of the Karluk River, and
                 extending seaward 3,000 feet, and
                 all waters within 1,500 feet
                 seaward of the shoreline of Afognak
                 Island.
                Southeastern Alaska Area.......... Taku River (Salmon).
                Southeastern Alaska Area.......... Neva Lake, Neva Creek, and South
                 Creek (Sockeye Salmon).
                ------------------------------------------------------------------------
                 The current subsistence program regulations form the starting point
                for consideration during each new rulemaking cycle. Consequently, in
                this rulemaking action pertaining to fish and shellfish, the Board will
                consider proposals to revise the regulations in any of the following
                sections of titles 36 and 50 of the CFR:
                 Sec. __.23: rural determinations;
                 Sec. __.24: customary and traditional use determinations;
                 Sec. __.25: general provisions governing the subsistence
                take of wildlife, fish, and shellfish;
                 Sec. __.27: specific provisions governing the subsistence
                take of fish; and
                 Sec. __.28: specific provisions governing the subsistence
                take of shellfish.
                As such, the text of the proposed 2023-25 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 three
                final rules constitute the text of this proposed rule:
                 The text of the proposed amendments to 36 CFR 242.23 and 242.27 and
                50 CFR 100.23 and 100.27 is the final rule for the 2021-2023 regulatory
                period for fish (86 FR 17713; April 6, 2021).
                 The text of the proposed amendments to 36 CFR 242.24 and 50 CFR
                100.24 is the final rule for the 2019-2021 regulatory period for fish
                (85 FR 74796; November 23, 2020).
                 The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
                100.25 is the final rule for the 2018-20 regulatory period for wildlife
                (83 FR 50758; October 9, 2018).
                 The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
                100.28 is the final rule for the 2011-13 regulatory period for fish and
                shellfish (76 FR 12564; March 8, 2011).
                 These regulations will remain in effect until subsequent Board
                action changes elements as a result of the public review process
                outlined above in this document and a final rule is published.
                Compliance With Statutory and Regulatory Authorities
                National Environmental Policy Act
                 A Draft Environmental Impact Statement that described four
                alternatives for developing a Federal Subsistence Management Program
                was distributed for public comment on October 7, 1991. The Final
                Environmental Impact Statement (FEIS) was published on February 28,
                1992. The Record of Decision (ROD) on Subsistence Management for
                Federal Public Lands in Alaska was signed April 6, 1992. The selected
                alternative in the FEIS (Alternative IV) defined the administrative
                framework of an annual regulatory cycle for subsistence regulations.
                 A 1997 environmental assessment dealt with the expansion of Federal
                jurisdiction over fisheries and is available at the office listed under
                FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
                concurrence of the Secretary of Agriculture, determined that expansion
                of Federal jurisdiction does not constitute a major Federal action
                significantly affecting the human environment and, therefore, signed a
                Finding of No Significant Impact.
                Section 810 of ANILCA
                 An ANILCA section 810 analysis was completed as part of the FEIS
                process on the Federal Subsistence Management Program. The intent of
                all Federal subsistence regulations is to accord subsistence uses of
                fish and wildlife on public lands a priority over the taking of fish
                and wildlife on such lands for other purposes, unless restriction is
                necessary to conserve healthy fish and wildlife populations. The final
                section 810 analysis determination appeared in the April 6, 1992, ROD
                and concluded that the Federal Subsistence Management Program, under
                Alternative IV with an annual process for setting subsistence
                regulations, may have some local impacts on subsistence uses, but will
                not likely restrict subsistence uses significantly.
                 During the subsequent environmental assessment process for
                extending fisheries jurisdiction, an evaluation of the effects of the
                subsistence program regulations was conducted in accordance with
                section 810. This evaluation also supported the Secretaries'
                determination that the regulations will not reach the ``may
                significantly restrict'' threshold that would require notice and
                hearings under ANILCA section 810(a).
                Paperwork Reduction Act of 1995 (PRA)
                 This proposed rule does not contain any new collections of
                information that require Office of Management and Budget (OMB) approval
                under the PRA (44 U.S.C. 3501 et seq.). OMB has reviewed and approved
                the collections of information associated with the subsistence
                regulations at 36 CFR part 242 and 50 CFR part 100, and assigned OMB
                Control Number 1018-0075, with an expiration date of January 31, 2024.
                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,
                [[Page 15160]]
                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 effect on a substantial number of small entities, which
                include small businesses, organizations, or governmental jurisdictions.
                In general, the resources to be harvested under this proposed rule are
                already being harvested and consumed by the local harvester and do not
                result in an additional dollar benefit to the economy. However, we
                estimate that two million pounds of meat are harvested by subsistence
                users annually and, if given an estimated dollar value of $3.00 per
                pound, this amount would equate to about $6 million in food value
                statewide. Based upon the amounts and values cited above, the
                Departments certify that this rulemaking will not have a significant
                economic effect on a substantial number of small entities within the
                meaning of the Regulatory Flexibility Act.
                Small Business Regulatory Enforcement Fairness Act
                 Under the Small Business Regulatory Enforcement Fairness Act (5
                U.S.C. 801 et seq.), this proposed rule is not a major rule. It will
                not have an effect on the economy of $100 million or more, will not
                cause a major increase in costs or prices for consumers, and will not
                have significant adverse effects on competition, employment,
                investment, productivity, innovation, or the ability of U.S.-based
                enterprises to compete with foreign-based enterprises.
                Executive Order 12630
                 Title VIII of ANILCA requires the Secretaries to administer a
                subsistence priority on Federal public lands and waters. The scope of
                this program is limited by definition to certain public lands.
                Likewise, these proposed regulations have no potential takings of
                private property implications as defined by Executive Order 12630.
                Unfunded Mandates Reform Act
                 The Secretaries have determined and certify pursuant to the
                Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed
                rulemaking will not impose a cost of $100 million or more in any given
                year on local or State governments or private entities. 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, the proposed rule does
                not have sufficient federalism implications to warrant the preparation
                of a federalism assessment. Title VIII of ANILCA precludes the State
                from exercising subsistence management authority over fish and wildlife
                resources on Federal lands unless it meets certain requirements.
                Executive Order 13175
                 Title VIII of ANILCA does not provide specific rights to Tribes for
                the subsistence taking of wildlife, fish, and shellfish. However, as
                described above under Tribal Consultation and Comment, the Secretaries,
                through the Board, will provide federally recognized Tribes and Alaska
                Native corporations a variety of opportunities for consultation:
                Commenting on proposed changes to the existing rule; engaging in
                dialogue at the Regional Council meetings; engaging in dialogue at the
                Board's meetings; and providing input in person, by mail, email, or
                phone at any time during the rulemaking process.
                Executive Order 13211
                 This Executive Order requires agencies to prepare statements of
                energy effects when undertaking certain actions. However, this proposed
                rule is not a significant regulatory action under E.O. 13211, affecting
                energy supply, distribution, or use, and no statement of energy effects
                is required.
                Drafting Information
                 Theo Matuskowitz drafted this proposed rule under the
                guidance of Sue Detwiler of the Office of Subsistence Management,
                Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage,
                Alaska. Additional assistance was provided by:
                 Chris McKee, Alaska State Office, Bureau of Land
                Management;
                 Dr. Kim Jochum, Alaska Regional Office, National Park
                Service;
                 Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
                Affairs;
                 Jill Klein, Alaska Regional Office, U.S. Fish and Wildlife
                Service; and
                 Gregory Risdahl, Alaska Regional Office, USDA--Forest
                Service.
                List of Subjects
                36 CFR Part 242
                 Administrative practice and procedure, Alaska, Fish, National
                forests, Public lands, Reporting and recordkeeping requirements,
                Wildlife.
                50 CFR Part 100
                 Administrative practice and procedure, Alaska, Fish, National
                forests, Public lands, Reporting and recordkeeping requirements,
                Wildlife.
                Proposed Regulation Promulgation
                 For the reasons set out in the preamble, the Federal Subsistence
                Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the
                2023-24 and 2024-25 regulatory years.
                 The text of the proposed amendments to 36 CFR 242.23 and 242.27 and
                50 CFR 100.23 and 100.27 matches the amendatory instructions in 86 FR
                17713; April 6, 2021 (which is the final rule for the 2021-2023
                regulatory period for fish).
                 The text of the proposed amendments to 36 CFR 242.24 and 50 CFR
                100.24 matches the amendatory instructions in 85 FR 74796; November 23,
                2020 (which is the final rule for the 2019-2021 regulatory period for
                fish).
                 The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
                100.25 matches the amendatory instructions in 83 FR 50758; October 9,
                2018 (which is the final rule for the 2018-20 regulatory period for
                wildlife).
                 The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
                100.28 matches the amendatory instructions in 76 FR 12564; March 8,
                2011 (which is the final rule for the 2011-13 regulatory period for
                fish and shellfish).
                Sue Detwiler,
                Assistant Regional Director, U.S. Fish and Wildlife Service.
                Gregory Risdahl,
                Subsistence Program Leader, USDA--Forest Service.
                [FR Doc. 2022-05616 Filed 3-16-22; 8:45 am]
                BILLING CODE 4333-15-P; 3411-15-P
                

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