81 FR 8675 - Subsistence Management Regulations for Public Lands in Alaska-2017-18 and 2018-19 Subsistence Taking of Fish and Shellfish Regulations
DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 34 (February 22, 2016)
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Federal Register Volume 81, Issue 34 (February 22, 2016)
| Page Range | 8675-8679 | |
| FR Document | 2016-03248 |
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)] [Proposed Rules] [Pages 8675-8679] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03248] ======================================================================= ----------------------------------------------------------------------- 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-2015-0003; FXRS12610700000-156-FF07J00000; FBMS #4500089925] RIN 1018-BA76 Subsistence Management Regulations for Public Lands in Alaska-- 2017-18 and 2018-19 Subsistence Taking of Fish and Shellfish Regulations AGENCY: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- 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 2017-2018 and 2018-2019 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. When final, the resulting rulemaking will replace the existing subsistence fish and shellfish taking regulations. This proposed rule would 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 March 7 through March 11, 2016, and then 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 28 and November 2, 2016. The Board will discuss and evaluate proposed regulatory changes during a public meeting in Anchorage, AK, in January 2017. See SUPPLEMENTARY INFORMATION for specific information on dates and locations of the public meetings. [[Page 8676]] Public comments: Comments and proposals to change this proposed rule must be received or postmarked by April 1, 2016. ADDRESSES: Public meetings: The Federal Subsistence Board and the Federal Subsistence Regional Advisory 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. 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-2015-0003, 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). FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Gene Peltola, Office of Subsistence Management; (907) 786-3888 or [email protected]. For questions specific to National Forest System lands, contact Thomas Whitford, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907) 743-9461 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 (Secretaries) jointly implement the Federal Subsistence Management Program. This program provides a preference for take of fish and wildlife resources for subsistence uses on Federal public lands and waters in Alaska. The Secretaries published temporary regulations to carry out this program in the Federal Register on June 29, 1990 (55 FR 27114), and final regulations were published in the Federal Register on May 29, 1992 (57 FR 22940). The Program has subsequently amended these regulations a number of times. Because this 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 242.1-28 and 50 CFR 100.1-28, 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 Federal Subsistence Management 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, which, among other things, set forth program eligibility and 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 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 on this proposed rule at the following location in Alaska, on the following dates: Joint Regional Advisory Council Meeting, Anchorage, March 7-11, 2016 During April 2016, the written proposals to change the regulations at subpart D, take of fish and shellfish, and subpart C, customary and traditional use determinations, will be compiled and distributed for public review. During the 30-day public comment period, which is presently scheduled to end on May 26, 2016, written public comments will be accepted on the distributed proposals. The Board, through the Regional Advisory Councils, will hold a second series of public meetings in August through October 2016, to receive comments on specific proposals and to develop recommendations to the Board at the following locations in Alaska, on the following dates: Region 1--Southeast Regional Council, Petersburg, October 4, 2016 Region 2--Southcentral Regional Council, Anchorage, October 18, 2016 Region 3--Kodiak/Aleutians Regional Council, Cold Bay, September 28, 2016 Region 4--Bristol Bay Regional Council, Dillingham, October 26, 2016 Region 5--Yukon-Kuskokwim Delta Regional Council, Bethel, October 12, 2016 Region 6--Western Interior Regional Council, McGrath, October 11, 2016 Region 7--Seward Peninsula Regional Council, Nome, November 1, 2016 Region 8--Northwest Arctic Regional Council, Selawik, October 5, 2016 Region 9--Eastern Interior Regional Council, Fort Yukon, October 25, 2016 Region 10--North Slope Regional Council, Barrow, November 1, 2016 A notice will be published of specific dates, times, and meeting locations in local and statewide newspapers prior to both series of meetings. Locations and dates may change based on weather or local circumstances. The amount of work on each Regional Advisory Council's agenda determines the length of each Regional Advisory Council meeting. 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 2017. 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 [[Page 8677]] 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. The Board immediately rejects proposals that fail to include the above information, or proposals that are beyond the scope of authorities in Sec. __.24, subpart C (the regulations governing customary and traditional use determinations), and Sec. 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 distributed for public review, no additional changes may be made as part of the original submission. During the January 2017 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 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, [email protected], or 800-877-8339 (TTY), seven 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 75 FR 60810 (October 1, 2010). 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 2017-18 and 2018-19 Fish and Shellfish Seasons and Harvest Limit Proposed Regulations 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. The current subsistence program regulations form the starting point for consideration during each new rulemaking cycle. Therefore, the text of three final rules form the text of this proposed rule for the 2015- 17 subparts C and D regulations: The text of the proposed amendments to 36 CFR 242.24 and 50 CFR 100.24 is the final rule for the 2014-2016 regulatory period for wildlife (79 FR 35232; June 19, 2014). The text of the proposed amendments to 36 CFR 242.25 and 242.27 and 50 CFR 100.25 and 100.27 is the final rule for the 2015-17 regulatory period for fish (80 FR 28187; May 18, 2015). 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 [[Page 8678]] changes elements as a result of the public review process outlined above in this document. 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. 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 (PRA) This proposed rule does not contain any new collections of information that require 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. We 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. Regulatory Planning and Review (Executive Order 12866) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this proposed rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this 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 public lands. The scope of this program is limited by definition to certain public lands. Likewise, these proposed regulations have no potential takings of private property implications as defined by Executive Order 12630. Unfunded Mandates Reform Act The Secretaries have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies and there is no cost imposed on any State or local entities or tribal governments. Executive Order 12988 The Secretaries have determined that these regulations meet the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. Executive Order 13132 In accordance with Executive Order 13132, 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 The Alaska National Interest Lands Conservation Act, Title VIII, does not [[Page 8679]] provide specific rights to tribes for the subsistence taking of wildlife, fish, and shellfish. However, the Secretaries, through 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: 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 these regulations under the guidance of Gene Peltola 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 Thomas Whitford, 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 2017-18 and 2018-19 regulatory years. The text of the proposed amendments to 36 CFR 242.24 and 50 CFR 100.24 is the final rule for the 2014-2016 regulatory period for wildlife (79 FR 35232; June 19, 2014). The text of the proposed amendments to 36 CFR 242.25 and 242.27 and 50 CFR 100.25 and 100.27 is the final rule for the 2015-17 regulatory period for fish (80 FR 28187; May 18, 2015). 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). Dated: February 2, 2016. Gene Peltola, Assistant Regional Director, U.S. Fish and Wildlife Service, Acting Chair, Federal Subsistence Board. Dated: February 2, 2016. Thomas Whitford, Subsistence Program Leader, USDA-Forest Service. [FR Doc. 2016-03248 Filed 2-19-16; 8:45 am] BILLING CODE 3410-11-4333-15-P
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■ 9. Amend subpart 1274.9 by adding not conflict with applicable laws and DEPARTMENT OF AGRICULTURE
§ 1274.944 to read as follows: regulations.
(3) Reporting procedures. Enter in the Forest Service
§ 1274.944 Award term and condition for
recipient integrity and performance matters. SAM Entity Management area the
information that SAM requires about 36 CFR Part 242
(a) Reporting of matters related to
each proceeding described in paragraph
recipient integrity and performance. DEPARTMENT OF THE INTERIOR
(a)(2)(iii)(A)(5) of this section. You do
(1) General reporting requirement.
not need to submit the information a
(i) If the total value of your currently Fish and Wildlife Service
second time under assistance awards
active grants, cooperative agreements,
that you received if you already
and procurement contracts from all 50 CFR Part 100
provided the information through SAM,
Federal awarding agencies exceeds
because you were required to do so [Docket No. FWS–R7–SM–2015–0003;
$10,000,000 for any period during the
under Federal procurement contracts FXRS12610700000–156–FF07J00000; FBMS
period of performance of this Federal
that you were awarded. #4500089925]
award, then you as the recipient during
that period of time must maintain the (4) Reporting frequency. During any RIN 1018–BA76
currency of information reported in period of time when you are subject to
FAPIIS about civil, criminal, or the requirement in paragraph (a)(1) of Subsistence Management Regulations
administrative proceedings described in this section, you must report for Public Lands in Alaska—2017–18
paragraph 2 of this award term and proceedings information through SAM and 2018–19 Subsistence Taking of
condition. This is a statutory for the most recent five year period, Fish and Shellfish Regulations
requirement under section 872 of Public either to report new information about
any proceeding(s) that you have not AGENCY: Forest Service, Agriculture;
Law 110–417, as amended (41 U.S.C.
reported previously or affirm that there Fish and Wildlife Service, Interior.
2313).
(ii) As required by section 3010 of is no new information to report. ACTION: Proposed rule.
Public Law 111–212, all information Recipients that have Federal contract,
grant, and cooperative agreement SUMMARY: This proposed rule would
posted in FAPIIS on or after April 15,
awards with a cumulative total value establish regulations for fish and
2011, except past performance reviews
greater than $10,000,000 must disclose shellfish seasons, harvest limits,
required for Federal procurement
semiannually any information about the methods, and means related to taking of
contracts, will be publicly available.
criminal, civil, and administrative fish and shellfish for subsistence uses
(2) Proceedings about which you must
proceedings. during the 2017–2018 and 2018–2019
report. Submit the information required
(5) Definitions. For purposes of this regulatory years. The Federal
about each proceeding that—
award term and condition: Subsistence Board (Board) is on a
(i) Is in connection with the award or
schedule of completing the process of
performance of a grant, cooperative (i) Administrative proceeding means a
revising subsistence taking of fish and
agreement, or procurement contract non-judicial process that is adjudicatory
shellfish regulations in odd-numbered
from the Federal Government; in nature in order to make a
(ii) Reached its final disposition years and subsistence taking of wildlife
determination of fault or liability (e.g.,
during the most recent five year period; regulations in even-numbered years;
Securities and Exchange Commission
and public proposal and review processes
Administrative proceedings, Civilian
(iii) Is one of the following: take place during the preceding year.
Board of Contract Appeals proceedings,
(A) A criminal proceeding that The Board also addresses customary and
and Armed Services Board of Contract
resulted in a conviction, as defined in traditional use determinations during
Appeals proceedings). This includes
paragraph (a)(2)(iii)(A)(5) of this section. the applicable cycle. When final, the
proceedings at the Federal and State
(B) A civil proceeding that resulted in resulting rulemaking will replace the
level but only in connection with
a finding of fault and liability and existing subsistence fish and shellfish
performance of a Federal contract or
payment of a monetary fine, penalty, taking regulations. This proposed rule
grant. It does not include audits, site
reimbursement, restitution, or damages would also amend the general
visits, corrective plans, or inspection of
of $5,000 or more. regulations on subsistence taking of fish
deliverables.
(C) An administrative proceeding, as and wildlife.
(ii) Conviction, for purposes of this
defined in paragraph (a)(2)(iii)(A)(5) of award term and condition, means a DATES: Public meetings: The Federal
this section, that resulted in a finding of judgment or conviction of a criminal Subsistence Regional Advisory Councils
fault and liability and your payment of offense by any court of competent will hold public meetings to receive
either a monetary fine or penalty of jurisdiction, whether entered upon a comments and make proposals to
$5,000 or more or reimbursement, verdict or a plea, and includes a change this proposed rule March 7
restitution, or damages in excess of conviction entered upon a plea of nolo through March 11, 2016, and then hold
$100,000. contendere. another round of public meetings to
(D) Any other criminal, civil, or discuss and receive comments on the
(6) Total value of currently active
administrative proceeding if— proposals, and make recommendations
grants, cooperative agreements, and
(1) It could have led to an outcome on the proposals to the Federal
procurement contracts includes—
described in paragraph (a)(2)(iii)(A), (B), Subsistence Board, on several dates
(i) Only the Federal share of the
Lhorne on DSK5TPTVN1PROD with PROPOSALS
or (C) of this section; between September 28 and November 2,
(2) It had a different disposition funding under any Federal award with 2016. The Board will discuss and
arrived at by consent or compromise a recipient cost share or match; and evaluate proposed regulatory changes
with an acknowledgment of fault on (ii) The value of all expected funding during a public meeting in Anchorage,
your part; and increments under a Federal award and AK, in January 2017. See
(3) The requirement in this award options, even if not yet exercised. SUPPLEMENTARY INFORMATION for specific
term and condition to disclose [FR Doc. 2016–02979 Filed 2–19–16; 8:45 am] information on dates and locations of
information about the proceeding does BILLING CODE 7510–13–P the public meetings.
VerDate Sep<11>2014 13:38 Feb 19, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1](https://thefederalregister.org/doc/81_FR_8709/page/1.svg)
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provide specific rights to tribes for the forests, Public lands, Reporting and margin for VOC in the PM2.5
subsistence taking of wildlife, fish, and recordkeeping requirements, Wildlife. maintenance plan to the 2020 and 2025
shellfish. However, the Secretaries, MVEBs. The 2020 and 2025 total year
Proposed Regulation Promulgation
through the Board, will provide emissions of VOC for the area will
Federally recognized Tribes and Alaska For the reasons set out in the remain below the attainment level
Native corporations an opportunity to preamble, the Federal Subsistence required by the transportation
consult on this proposed rule. Board proposes to amend 36 CFR part conformity regulations.
Consultation with Alaska Native 242 and 50 CFR part 100 for the 2017– DATES: Comments must be received on
corporations are based on Public Law 18 and 2018–19 regulatory years. or before March 23, 2016.
108–199, div. H, Sec. 161, Jan. 23, 2004, The text of the proposed amendments ADDRESSES: Submit your comments,
118 Stat. 452, as amended by Public to 36 CFR 242.24 and 50 CFR 100.24 is identified by Docket ID No. EPA–R05–
Law 108–447, div. H, title V, Sec. 518, the final rule for the 2014–2016 OAR–2015–0848 at http://
Dec. 8, 2004, 118 Stat. 3267, which regulatory period for wildlife (79 FR www.regulations.gov or via email to
provides that: ‘‘The Director of the 35232; June 19, 2014). blakley.pamela@epa.gov. For comments
Office of Management and Budget and The text of the proposed amendments submitted at Regulations.gov, follow the
all Federal agencies shall hereafter to 36 CFR 242.25 and 242.27 and 50 online instructions for submitting
consult with Alaska Native corporations CFR 100.25 and 100.27 is the final rule comments. Once submitted, comments
on the same basis as Indian tribes under for the 2015–17 regulatory period for cannot be edited or removed from
Executive Order No. 13175.’’ fish (80 FR 28187; May 18, 2015). Regulations.gov. For either manner of
The Secretaries, through the Board, The text of the proposed amendments submission, EPA may publish any
will provide a variety of opportunities to 36 CFR 242.28 and 50 CFR 100.28 is comment received to its public docket.
for consultation: commenting on the final rule for the 2011–13 regulatory Do not submit electronically any
proposed changes to the existing rule; period for fish and shellfish (76 FR information you consider to be
engaging in dialogue at the Regional 12564; March 8, 2011). Confidential Business Information (CBI)
Council meetings; engaging in dialogue Dated: February 2, 2016. or other information whose disclosure is
at the Board’s meetings; and providing Gene Peltola, restricted by statute. Multimedia
input in person, by mail, email, or submissions (audio, video, etc.) must be
Assistant Regional Director, U.S. Fish and
phone at any time during the Wildlife Service, Acting Chair, Federal accompanied by a written comment.
rulemaking process. Subsistence Board. The written comment is considered the
Executive Order 13211 Dated: February 2, 2016. official comment and should include
Thomas Whitford,
discussion of all points you wish to
This Executive Order requires make. EPA will generally not consider
agencies to prepare Statements of Subsistence Program Leader, USDA–Forest
Service.
comments or comment contents located
Energy Effects when undertaking certain outside of the primary submission (i.e.
actions. However, this proposed rule is [FR Doc. 2016–03248 Filed 2–19–16; 8:45 am]
on the web, cloud, or other file sharing
not a significant regulatory action under BILLING CODE 3410–11–4333–15–P
system). For additional submission
E.O. 13211, affecting energy supply, methods, please contact the person
distribution, or use, and no Statement of identified in the FOR FURTHER
Energy Effects is required. ENVIRONMENTAL PROTECTION INFORMATION CONTACT section. For the
AGENCY full EPA public comment policy,
Drafting Information
information about CBI or multimedia
Theo Matuskowitz drafted these 40 CFR Part 52 submissions, and general guidance on
regulations under the guidance of Gene making effective comments, please visit
[EPA–R05–OAR–2015–0848 FRL–9942–55–
Peltola of the Office of Subsistence Region 5] http://www2.epa.gov/dockets/
Management, Alaska Regional Office, commenting-epa-dockets.
U.S. Fish and Wildlife Service, Air Plan Approval; Wisconsin; FOR FURTHER INFORMATION CONTACT:
Anchorage, Alaska. Additional Revision to the Milwaukee-Racine-
assistance was provided by: Michael Leslie, Environmental
Waukesha 2006 24-Hour Particulate Engineer, Control Strategies Section, Air
• Daniel Sharp, Alaska State Office, Matter Maintenance Plan
Bureau of Land Management; Programs Branch (AR–18J),
• Mary McBurney, Alaska Regional AGENCY: Environmental Protection Environmental Protection Agency,
Office, National Park Service; Agency (EPA). Region 5, 77 West Jackson Boulevard,
• Dr. Glenn Chen, Alaska Regional ACTION: Proposed rule.
Chicago, Illinois 60604, (312) 353–6680,
Office, Bureau of Indian Affairs; leslie.michael@epa.gov.
• Trevor Fox, Alaska Regional Office, SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: In the
U.S. Fish and Wildlife Service; and Agency (EPA) is proposing to approve Final Rules section of this Federal
• Thomas Whitford, Alaska Regional Wisconsin’s December 23, 2015, state Register, EPA is approving the State’s
Office, USDA–Forest Service. implementation plan (SIP) revision to SIP submittal as a direct final rule
List of Subjects the Milwaukee-Racine-Waukesha without prior proposal because the
(Milwaukee), Wisconsin 2006 24-Hour Agency views this as a noncontroversial
36 CFR Part 242 Particulate Matter (PM2.5) maintenance submittal and anticipates no adverse
Lhorne on DSK5TPTVN1PROD with PROPOSALS
Administrative practice and plan. This SIP revision establishes new comments. A detailed rationale for the
procedure, Alaska, Fish, National Motor Vehicle Emissions Budgets approval is set forth in the direct final
forests, Public lands, Reporting and (MVEB) for Volatile Organic rule. If no adverse comments are
recordkeeping requirements, Wildlife. Compounds (VOC) for 2020 and 2025. received in response to this rule, no
The MVEBs for Oxides of Nitrogen, further activity is contemplated. If EPA
50 CFR Part 100 Sulfur Dioxide, and PM2.5 will remain receives adverse comments, the direct
Administrative practice and the same. EPA is approving the final rule will be withdrawn and all
procedure, Alaska, Fish, National allocation of a portion of the safety public comments received will be
VerDate Sep<11>2014 13:38 Feb 19, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1](https://thefederalregister.org/doc/81_FR_8709/page/5.svg)
Document Created: 2016-02-19 23:56:46
Document Modified: 2016-02-19 23:56:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Public meetings: The Federal Subsistence Regional Advisory Councils will hold public meetings to receive comments and make proposals to change this proposed rule March 7 through March 11, 2016, and then 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 28 and November 2, 2016. The Board will discuss and evaluate proposed regulatory changes during a public meeting in Anchorage, AK, in January 2017. See SUPPLEMENTARY INFORMATION for specific information on dates and locations of the public meetings. | |
| Contact | Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Gene Peltola, Office of Subsistence Management; (907) 786-3888 or [email protected] For questions specific to National Forest System lands, contact Thomas Whitford, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907) 743-9461 or [email protected] | |
| FR Citation | 81 FR 8675 | |
| RIN Number | 1018-BA76 | |
| CFR Citation | 36
CFR
242 50 CFR 100 | |
| CFR Associated | Administrative Practice and Procedure; Alaska; Fish; National Forests; Public Lands; Reporting and Recordkeeping Requirements and Wildlife |
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