[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Proposed Rules]
[Pages 4521-4525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01621]
=======================================================================
-----------------------------------------------------------------------
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-2014-0063; FXFR13350700640-156-FF07J00000;
FBMS#4500075014]
RIN 1018-BA62
Subsistence Management Regulations for Public Lands in Alaska;
Rural Determination Process
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Secretaries propose to revise the regulations governing
the rural determination process for the Federal Subsistence Program in
Alaska. Under current regulations, the Federal Subsistence Board
(Board) defines which community or area of Alaska is rural using
guidelines and characteristics defined by the Secretaries. This new
process will enable the Board to be more flexible in making decisions
and take into account the regional differences found throughout the
State.
DATES: Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by April 1, 2015.
Public meetings: The Secretaries, through the Board, will hold
public meetings in conjunction with the Federal Subsistence Regional
Advisory Councils (Councils) to receive comments on this proposed rule
on several dates between February 10 and March 19, 2015. In addition,
the Councils will discuss and make their recommendations to the Board.
The Board will discuss and evaluate proposed regulatory changes during
a public meeting in Anchorage, AK, on or before April 2016 and make
recommendations on the proposed rule to the Secretary of the Interior
and the Secretary of Agriculture. See SUPPLEMENTARY INFORMATION for
specific information on dates and locations of the public meetings and
for requesting reasonable accommodations.
ADDRESSES: Public comments: You may submit comments by one of the
following methods:
Electronically: Go to the Federal eRulemaking Portal:
http://www.regulations.gov and search for FWS-R7-SM-2014-0063, which is
the docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery 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 http://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).
Public meetings: The Federal Subsistence Board and the Councils'
public meetings will be held at various locations in Alaska. See
SUPPLEMENTARY INFORMATION for specific information on dates and
locations of the public meetings.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr.,
Office of Subsistence Management; (907) 786-3888 or
subsistence@fws.gov. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
twhitford@fs.fed.us.
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 to rural Alaskan residents for taking fish and wildlife
resources for subsistence uses on Federal public lands and waters in
Alaska. Because the Program is a joint effort between Interior and
Agriculture, these regulations are located in two titles of the Code of
Federal Regulations (CFR): Title 36, ``Parks, Forests, and Public
Property,'' and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-
242.28 and 50 CFR 100.1-100.28, respectively. The 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:
[[Page 4522]]
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, U.S. National Park Service;
The Alaska State Director, U.S. Bureau of Land Management;
The Alaska Regional Director, U.S. 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, which, among other
things, set forth program eligibility and specific harvest seasons and
limits. The Board determines which areas of Alaska are rural and which
areas are nonrural. Alaska residents living in areas determined to be
nonrural are not eligible to participate in the Program.
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.
Prior Rulemaking
On November 23, 1990 (55 FR 48877), the Board published a notice in
the Federal Register explaining the proposed Federal process for making
rural determinations, the criteria to be used, and the application of
those criteria in preliminary determinations. On December 17, 1990, the
Board adopted final rural and nonrural determinations, which were
published on January 3, 1991 (56 FR 236). Final programmatic
regulations were published on May 29, 1992, with only slight variations
in the rural determination process (57 FR 22940). As a result of this
rulemaking, Federal subsistence regulations at 36 CFR 242.15 and 50 CFR
100.15 require that the rural or nonrural status of communities or
areas be reviewed every 10 years, beginning with the availability of
the 2000 census data.
Because some data from the 2000 census were not compiled and
available until 2005, the Board published a proposed rule in 2006 to
revise the list of nonrural areas recognized by the Board (71 FR 46416,
August 14, 2006). The final rule published in the Federal Register on
May 7, 2007 (72 FR 25688).
Secretarial Review
On October 23, 2009, Secretary of the Interior Salazar announced
the initiation of a Departmental review of the Federal Subsistence
Management Program in Alaska; Secretary of Agriculture Vilsack later
concurred with this course of action. The review focused on how the
Program is meeting the purposes and subsistence provisions of Title
VIII of ANILCA, and how the Program is serving rural subsistence users
as envisioned when it began in the early 1990s.
On August 31, 2010, the Secretaries announced the findings of the
review, which included several proposed administrative and regulatory
reviews and/or revisions to strengthen the Program and make it more
responsive to those who rely on it for their subsistence uses. One
proposal called for a review, with Council input, of the rural and
nonrural determination process and, if needed, recommendations for
regulatory changes.
The Board met on January 20, 2012, to consider the Secretarial
directive, consider the Councils' recommendations, and review all
public, Tribal, and Native Corporation comments on the initial review
of the rural determination process. After discussion and careful
review, the Board voted unanimously to initiate a review of the rural
determination process and the 2010 decennial review. Consequently,
based on that action, the Board found that it was in the public's best
interest to extend the compliance date of its 2007 final rule (72 FR
25688; May 7, 2007) on rural and nonrural determinations until after
the review of the rural determination process and the decennial review
are complete or in 5 years, whichever comes first. The Board published
a final rule (77 FR 12477; March 1, 2012) extending the compliance
date.
The Board followed this action with a request for comments and
announcement of public meetings (77 FR 77005; December 31, 2012) to
receive public, Tribal, and Alaska Native Corporations input on the
rural determination process.
Due to a lapse in appropriations on October 1, 2013, and the
subsequent closure of the Federal Government, some of the preannounced
public meetings and Tribal consultations to receive comments on the
rural determination process during the closure were cancelled. The
Board decided that an extension to the comment period was needed to
allow for the complete participation from the Councils, public and
Tribes to address this issue (78 FR 66885; November 7, 2013).
The Councils were briefed on the Board's Federal Register notice
during their winter 2013 meetings. At their fall 2013 meetings, the
Councils provided a public forum to hear from residents of their
regions, deliberate on the rural determination process, and provide
recommendations for changes to the Board.
The Secretaries, through the Board, also held hearings in Barrow,
Ketchikan, Sitka, Kodiak, Bethel, Anchorage, Fairbanks, Kotzebue, Nome,
and Dillingham to solicit comments on the rural determination process.
Public testimony was recorded during these hearings. Government-to-
government consultations on the rural determination process were held
between members of the Board and Federally recognized Tribes of Alaska,
and additional consultations were held between members of the Board and
Alaska Native Corporations.
Altogether, the Board received 475 substantive comments from
various sources, including individuals, members of the Councils, and
other entities or organizations, such as Alaska Native Corporations and
borough governments. In general, this information indicated a broad
dissatisfaction with the current rural determination process. The
aggregation criteria were perceived as arbitrary. The current
population thresholds were seen as inadequate to capture the reality of
rural Alaska. Additionally, the decennial review was widely viewed to
be unnecessary.
Based on this information, the Board at their public meeting held
on April 17, 2014, elected to recommend a simplification of the process
by determining which areas or communities are nonrural in Alaska; all
other communities or areas would, therefore, be rural. The Board would
make nonrural determinations using a comprehensive approach that takes
into consideration population size and density, economic indicators,
military presence, industrial facilities, use of fish and wildlife,
degree of remoteness and isolation, any other relevant material, and
information provided by the public. The Board would rely heavily on the
recommendations of the Subsistence Regional Advisory Councils.
[[Page 4523]]
In summary, based on Council and public comments, Tribal and Alaska
Native Corporation consultations, and briefing materials from the
Office of Subsistence Management, the Board developed a proposal that
simplifies the process of rural and nonrural determinations and
submitted its recommendation to the Secretaries on August 15, 2014.
On November 24, 2014, the Secretaries requested that the Board
initiate rulemaking to pursue the regulatory changes recommended by the
Board. The Secretaries also requested that the Board obtain Council
recommendations and public input, and conduct Tribal and Alaska Native
Corporation consultation on the proposed changes. If adopted through
the rulemaking process, the current regulations would be revised to
remove specific guidelines, including requirements regarding population
data, the aggregation of communities, and the decennial review, for
making rural determinations.
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 Councils, will hold public meetings on this proposed rule
at the following locations in Alaska, on the following dates:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Region 1--Southeast Regional Council....... Yakutat.................... March 17, 2015.
Region 2--Southcentral Regional Council.... Anchorage.................. February 18, 2015.
Region 3--Kodiak/Aleutians Regional Council Kodiak..................... February 10, 2015.
Region 4--Bristol Bay Regional Council..... Naknek..................... February 24, 2015.
Region 5--Yukon-Kuskokwim Delta Regional Bethel..................... February 25, 2015.
Council.
Region 6--Western Interior Regional Council Fairbanks.................. March 3, 2015.
Region 7--Seward Peninsula Regional Council Nome....................... February 18, 2015.
Region 8--Northwest Arctic Regional Council Kotzebue................... March 9, 2015.
Region 9--Eastern Interior Regional Council Fairbanks.................. March 4, 2015.
Region 10--North Slope Regional Council.... Barrow..................... March 17, 2015.
----------------------------------------------------------------------------------------------------------------
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to the meetings.
Locations and dates may change based on weather or local circumstances.
The amount of work on each Council's agenda determines the length of
each Council meeting.
The Board will conduct tribal and Alaska Native Corporations
consultations and discuss and evaluate proposed changes to the rural
determination regulations during a public meeting scheduled to be held
in Anchorage, Alaska, on or before April 2016. The Council Chairs, or
their designated representatives, will present their respective
Council's recommendations at the Board meeting. Additional public
testimony to the Board will be allowed during the meeting. At that
public meeting, the Board will deliberate and make final
recommendations to the Secretaries on this proposed rule.
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 http://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
Web site. 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 http://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 http://www.regulations.gov, or by
appointment, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of Subsistence Management, 1011
East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The 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 Deborah Coble, 907-786-3880,
subsistence@fws.gov, or 800-877-8339 (TTY), seven business days prior
to the meeting in which you would like to participate.
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 79 FR 4748 (January 29, 2014).
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.''
ANILCA does not provide specific rights to Tribes for the
subsistence taking of wildlife, fish, and shellfish. However, because
Tribal members are affected by subsistence 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: 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 commits 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.
[[Page 4524]]
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 this
rule was conducted in accordance with section 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA section 810(a).
Paperwork Reduction Act
An agency may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number. This
proposed rule does not contain any new collections of information that
require OMB approval. 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,
which expires February 29, 2016.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
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 reviewed this rule and has
determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this 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 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 rule is not a major rule. It does 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 does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Executive Order 12630
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule would be by Federal agencies, and no cost
would be 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
[[Page 4525]]
shellfish. However, the Board will provide Federally recognized Tribes
and Alaska Native Corporations an opportunity to consult on this
proposed rule. Consultation with Alaska Native Corporations are 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 Secretaries, through the Board, will provide a variety of
opportunities for consultation: 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.
Clarity of the Rule
We are required by Executive Orders 12866 and 12988, and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the proposed rule, your comments should be as specific as
possible.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Eugene R. Peltola, Jr. of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by:
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Mary McBurney, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Trevor Fox, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Steve Kessler and Thomas Whitford, Alaska Regional Office,
U.S. 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 Secretaries propose to
amend 36 CFR part 242 and 50 CFR part 100 as set forth below.
PART--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
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 B--Program Structure
0
2. In subpart B of 36 CFR part 242 and 50 CFR part 100, Sec. __.15 is
revised to read as follows:
Sec. __.15 Rural determination process.
(a) The Board determines which areas or communities in Alaska are
nonrural. Current determinations are listed at Sec. ___.23.
(b) All other communities and areas are, therefore, rural.
Sally Jewell,
Secretary of the Interior.
Dated: December 12, 2014.
Beth G. Pendleton,
Regional Forester, USDA-Forest Service.
[FR Doc. 2015-01621 Filed 1-26-15; 11:15 am]
BILLING CODE 3410-11-P;4310-55-P