81 FR 887 - Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 5 (January 8, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 5 (January 8, 2016)
| Page Range | 887-897 | |
| FR Document | 2016-00022 |
[Federal Register Volume 81, Number 5 (Friday, January 8, 2016)] [Proposed Rules] [Pages 887-897] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00022] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 32 and 36 [Docket No. FWS-R7-NWRS-2014-0005; FF07R05000 145 FXRS12610700000] RIN 1018-BA31 Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (USFWS), propose to amend our regulations for National Wildlife Refuges (refuges) in Alaska. This proposed rule clarifies how our existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska relate to predator control; prohibits several particularly effective methods and means for take of predators; and updates our public participation and closure procedures. This proposed rule would not change Federal subsistence regulations or restrict the taking of fish or wildlife for subsistence uses under Federal subsistence regulations. [[Page 888]] DATES: We must receive your comments on or before March 8, 2016. ADDRESSES: You may submit comments by any one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R7-NWRS-2014-0005, which is the docket number for this rulemaking. Then click on the Search button. On the resulting page, you may submit a comment by clicking on ``Comment Now!'' (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R7-NWRS-2014-0005; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803. (3) In person: We will hold nine open houses and public hearings at which comments may be submitted. See the related document published elsewhere in today's Federal Register with information about the dates, times, and locations of those open houses and hearings and the various ways in which oral and written comments will be accepted. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us. For additional information, see the Public Participation and Public Availability of Comments sections, below. FOR FURTHER INFORMATION CONTACT: Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 211, Anchorage, AK 99503; telephone (907) 306-7448. SUPPLEMENTARY INFORMATION: Background The U.S. Fish and Wildlife Service (USFWS) has various mandates it must adhere to in managing the National Wildlife Refuge System (NWRS). There are three statutes in particular that provide direction and authority specific to the Alaska NWRS: The 1980 Alaska National Interest Lands Conservation Act (ANILCA; 16 U.S.C. 3111-3126); the 1997 National Wildlife Refuge System Improvement Act (Improvement Act; 16 U.S.C. 668dd-668ee, which amended the National Wildlife Administration Act of 1966 (Administration Act)); and the 1964 Wilderness Act (16 U.S.C. 1131-1136). The Improvement Act provides that ANILCA takes precedence if there is a conflict between the two, and thus ANILCA provides the primary direction for management specific to refuges in Alaska. ANILCA added approximately 54 million acres of land to the NWRS in Alaska, managed by USFWS; established nine new refuges; and established or redesignated seven other already established refuges. ANILCA also designated 18.7 million acres in 13 wilderness areas on refuges in Alaska as units of the National Wilderness Preservation System. Under ANILCA, each refuge in Alaska has a nonexclusive list of purposes for which it was established, including to ``conserve fish and wildlife populations and habitats in their natural diversity'' followed by a list of representative species particular to each refuge. Under ANILCA, all other refuge establishment purposes for Alaska refuges (except international treaty obligations) must be managed consistently with the first purpose for the conservation of natural diversity. While ``natural diversity'' is not defined in ANILCA, its legislative history provides guidance. The Senate Report on H.R. 39 states that refuges represent ``the opportunity to manage these areas on a planned ecosystem-wide basis with all of their pristine ecological processes intact'' (S. Rep. No. 96-413 at 174 (1979), reprinted in 1980 U.S.C.C.A.N. 5118). Nine days after ANILCA was signed into law on December 2, 1980, Congressman Udall, during a speech on the floor of the House of Representatives described the source of the term ``natural diversity.'' He stated that the conservation of natural diversity refers not only to ``protecting and managing all fish and wildlife populations within a particular wildlife refuge system unit in the natural `mix,' not to emphasize management activities favoring one species to the detriment of another'' (126 Cong. Rec. H12, 352-53 (daily ed. Dec. 11, 1980) (statement of Rep. Udall)). During this floor speech, Congressman Udall also stated that in managing for natural diversity it was the intent of Congress, ``to direct the U.S. Fish and Wildlife Service to the best of its ability, . . . to manage wildlife refuges to assure that habitat diversity is maintained through natural means, avoiding artificial developments and habitat manipulation programs . . . ; to assure that wildlife refuge management fully considers the fact that humans reside permanently within the boundaries of some areas and are dependent, . . . on wildlife refuge subsistence resources; and to allow management flexibility in developing new and innovative management programs different from lower 48 standards, but in the context of maintaining natural diversity of fish and wildlife populations and their dependent habitats for the long term benefit of all citizens'' (126 Cong. Rec. H12,352-53 (daily ed. Dec. 11, 1980) (statement of Rep. Udall). In its ANILCA Title VIII statement of policy, Congress stated, ``nonwasteful subsistence uses of fish and wildlife and other renewable resources [by rural residents] shall be the priority consumptive uses of all such resources on the public lands of Alaska when it is necessary to restrict taking in order to assure the continued viability of a fish or wildlife population or the continuation of subsistence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public land over other consumptive uses'' (16 U.S.C. 3112(2)). This subsistence preference includes all National Wildlife Refuges in Alaska. All refuges in Alaska (except the Kenai National Wildlife Refuge) have among their stated statutory purposes to provide the opportunity for continued subsistence use by local rural residents in a manner consistent with the conservation of fish and wildlife populations and habitats in their natural diversity and fulfilling the international treaty obligations of the United States with respect to fish and wildlife and their habitats. In a further statement of Title VIII policy, Congress stated that ``consistent with sound management principles, and the conservation of healthy populations of fish and wildlife, the utilization of the public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the resources of such lands; consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for each unit established . . . the purpose of this title [Title VIII] is to provide the opportunity for rural residents engaged in a subsistence way of life to do so'' (16 U.S.C. 3112(1)). The Senate Committee on Energy and Natural Resources in its report on H.R. 39 stated that ``the phrase `the conservation of healthy populations of fish and wildlife' is to mean the maintenance of fish and wildlife resources in their habitats in a condition which assures stable and continuing natural populations and species mix of plants and animals in relation to their ecosystems, including recognition that local rural residents engaged in subsistence uses may be a natural part of that ecosystem . . . '' (S. Rep. No. 96-413 at 233, reprinted in 1980 U.S.C.C.A.N. 5177). [[Page 889]] The USFWS recognizes the importance of the fish, wildlife, and other natural resources in the lives and cultures of Alaska Native peoples, rural residents, and in the lives of all Alaskans, and we continue to recognize subsistence uses of fish and wildlife and other renewable resources as the priority consumptive use on Federal lands in Alaska, which includes all National Wildlife Refuges in Alaska. This proposed rule would not change existing or future Federal subsistence regulations (36 CFR 242 and 50 CFR 100) or restrict taking of fish or wildlife for subsistence uses under Federal subsistence regulations. The Improvement Act states that refuges must be managed to fulfill the mission of the NWRS and purposes of the individual refuge. The Improvement Act also clearly states the mission of the NWRS, which is to ``administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.'' Section 4(a)(4)(B) of the Improvement Act states that ``In administering the System, the Secretary shall . . . ensure that the biological integrity, diversity, and environmental health [BIDEH] of the System are maintained for the benefit of present and future generations of Americans . . .'' (16 U.S.C. 668dd(a)(4)(B)). The USFWS BIDEH policy (601 FW 3), which provides guidance for implementation of the Improvement Act, defines biological integrity as ``biotic composition, structure, and functioning at genetic, organism, and community levels comparable with historic conditions, including the natural biological processes that shape genomes, organisms, and communities.'' In that policy, biological diversity is defined as ``the variety of life and its processes, including the variety of living organisms, the genetic differences among them, and communities and ecosystems in which they occur.'' The policy defines environmental health as the ``composition, structure, and functioning of soil, water, air, and other abiotic features comparable with historic conditions, including the natural abiotic processes that shape the environment.'' Abiotic features are nonliving chemical and physical features of the environment (e.g., soil, air, water, temperature, etc.). The policy also defines ``historic conditions'' as the ``composition, structure, and functioning of ecosystems resulting from natural processes that we believe, based on sound professional judgment, were present prior to substantial human related changes to the landscape.'' In implementing this policy on refuges, we favor ``management that restores or mimics natural ecosystem processes or functions to achieve refuge purposes(s).'' Additionally, under this policy, we ``formulate refuge goals and objectives for population management by considering natural densities, social structures, and population dynamics at the refuge level'' and manage populations for ``natural densities and levels of variation.'' The Wilderness Act of 1964 (16 U.S.C. 1131-1136) states that wilderness ``is hereby recognized as an area where the earth and its community of life are untrammeled by man . . . which is protected and managed so as to preserve its natural conditions.'' Our wilderness stewardship policy (610 FW 1) interprets ``untrammeled'' to be ``the freedom of a landscape from the human intent to permanently intervene, alter, control, or manipulate natural conditions or processes.'' The second chapter of the wilderness stewardship policy, which outlines administration and resource stewardship (610 FW 2), directs that USFWS will not manipulate ecosystem processes, specifically including predator/prey fluctuations, in wilderness areas unless ``necessary to accomplish the purposes of the refuge, including Wilderness Act purposes, or in cases where these processes become unnatural'' (i.e., disrupted predator/prey relationships, spread of invasive species, and so forth). Additionally, nothing in this proposed rule applies to or is inconsistent with our policy that outlines special provisions for Alaska wilderness (610 FW 5). The overarching goal of our wildlife-dependent recreation policy is to enhance opportunities and access to quality visitor experiences on refuges and to manage the refuge to conserve fish, wildlife, plants, and their habitats (605 FW 1.6). We recognize hunting as one of many priority uses of the Refuge System (when and where compatible with refuge purposes) that is a healthy, traditional outdoor pastime, deeply rooted in the American heritage (605 FW 2). As stated in part 36 of title 50 of the Code of Federal Regulations (50 CFR 36), the taking of fish and wildlife through public recreational activities, including sport hunting, is authorized on refuges in Alaska ``as long as such activities are conducted in manner compatible with the purposes for which the areas were established'' (50 CFR 36.31(a)). Sport hunting and trapping on refuges is generally regulated by the States, unless further restricted by Federal law (see 50 CFR 32.2(d)) or closures to Federal public land, such as under Federal subsistence regulations (36 CFR 242.26 or 50 CFR 100.26). In Alaska, sport hunting is commonly referred to as general hunting and trapping and includes State subsistence hunts and general permits open to both Alaska residents and nonresidents (see proposed definition under the Proposed Regulation Promulgation section, below). These activities remain subject to Federal law, including mandates under ANILCA; the Improvement Act; and, where applicable, the Wilderness Act. Applicable directives and guidance can also be found in policies in the USFWS Manual at 601 FW 3 (Biological Integrity, Diversity, and Environmental Health), 610 FW 2 (Wilderness Administration and Resource Stewardship), and 605 FW 2 (Hunting). Additionally, the regulations at 50 CFR 36.32(a) state that the Refuge Manager ``may designate areas where, and establish periods when, no taking of a particular population of fish or wildlife shall be permitted.'' The State of Alaska's (State) legal framework for managing wildlife in Alaska is based on sustained yield, which is defined by statute to mean ``the achievement and maintenance in perpetuity of the ability to support a high level of human harvest of game, subject to preferences among beneficial uses, on an annual or periodic basis'' (Alaska Statute (AS) 16.05.255(j)(5)). Since 1994, Alaska State law (AS 16.05.255) has prioritized human consumptive use of ungulates--specifically moose, caribou, and deer. Known as the Intensive Management (IM) statute, the law requires the Alaska Board of Game (BOG) to designate populations of ungulates for which human consumptive use is the highest priority use and to set population and harvest objectives for those populations. To that end, the BOG must ``adopt regulations to provide for intensive management programs to restore the abundance or productivity of identified big game prey populations as necessary to achieve human consumptive use goals'' (AS 16.05.255(e)). Once designated as an IM population, if either populations or harvests fail to meet management objectives, nonresident hunting must first be eliminated, followed by reductions or eliminations of resident harvest opportunities. However, under the IM statute, the BOG may not significantly reduce the harvest opportunities of an identified IM ungulate population unless it has adopted or is considering the adoption [[Page 890]] of regulations ``to restore the abundance or productivity of the ungulate population through habitat enhancement, predation control, or other means'' (AS 16.05.255(e)-(g) and (j)). The BOG has adopted regulations under the IM statute that require targeted reductions of wolf, black bear, brown bear, or a combination of these in designated ``predation control areas'' within game management units. These State regulations are implemented through IM plans that authorize activities including aerial shooting of wolves or bears or both by State agency personnel, trapping of wolves by paid contractors, allowance under permit for same-day airborne hunting of wolves and bears by the public, and allowance under permit for the take of any black or brown bear through baiting or snaring by the public (5 Alaska Administrative Code (AAC) 92). Thirteen of the 16 refuges in Alaska contain lands within game management units officially designated for IM. While predator control activities occurring under the authority of an IM plan have not been permitted by USFWS on any refuge in Alaska, some predator control programs and activities are being implemented in predation control areas immediately adjacent to refuges. Given the large home ranges of many species affected by IM actions, these control programs have the potential to impact wildlife resources, natural systems, and ecological processes, as well as conservation and management of these species on adjacent refuges. In recent years, concurrent with its adoption and implementation of IM plans for predation control areas, the BOG has also authorized measures under its general hunting and trapping regulations that have the potential to greatly increase effectiveness of the take of predators and to disrupt natural processes and wildlife interactions. Examples of these recently adopted measures, which apply beyond areas officially designated for IM, including many refuges in Alaska, are:Harvesting brown bears over bait at registered black bear bait stations; Taking wolves and coyotes (including pups) during the denning season; Expanding season lengths and increasing bag limits; Classifying black bears as both furbearers and big game species (which could allow for trapping and snaring of bears and sale of their hides and skulls); and Authorizing same-day airborne take of bears at registered bait stations (5 AAC 85). Many of the recent actions by the BOG to liberalize the State's regulatory frameworks for general hunting and trapping of wolves, bears, and coyotes reverse long-standing prohibitions and restrictions on take of these wildlife species under State law. Unlike the recent practice of taking brown bears over bait, black bear baiting has been an authorized practice in Alaska since 1982, including on refuges. Black bear baiting is authorized by the State pursuant to a permit and, in some instances, a special use permit (USFWS Form 3-1383-G) issued by refuges. Taking of brown bears at black bear baiting stations was recently authorized under State regulations in certain game management units within the State (several of which are within refuges) and is subject to the same restrictions as black bear baiting. The State regulations prohibit setting up a bait station within 1 mile of a home or other dwelling, business, or campground, or within \1/4\ mile of a road or trail (5 AAC 85). Implementation of IM actions under the IM statute and many of the recent liberalizations of the general hunting and trapping regulations have direct implications for the management of refuges in Alaska. Predator-prey interactions represent a dynamic and foundational ecological process in Alaska's arctic and subarctic ecosystems, and are a major driver of ecosystem function. Regulations or activities on refuges in Alaska that are inconsistent with the conservation of fish and wildlife populations and their habitats in their natural diversity, or the maintenance of biological integrity, diversity, and environmental health, are in direct conflict with our legal mandates for administering refuges in Alaska under ANILCA, the Improvement Act, and the Wilderness Act, as well as with several applicable agency policies (601 FW 3, 610 FW 2, and 605 FW 2). The USFWS is mandated to conserve species and habitats in their natural diversity and ensure that biological integrity, diversity, and environmental health are maintained on refuges in Alaska for the continuing benefit of present and future generations. In managing for natural diversity, the USFWS conserves, protects, and manages all fish and wildlife populations within a particular wildlife refuge system unit in the natural `mix,' not to emphasize management activities favoring one species to the detriment of another. The USFWS assures that habitat diversity is maintained through natural means on refuges in Alaska, avoiding artificial developments and habitat manipulation programs, whenever possible. The USFWS fully recognizes and considers that rural residents use, and are often dependent on, refuge resources for subsistence purposes, and the USFWS manages for this use consistent with the conservation of species and habitats in their natural diversity. The terms biological integrity, diversity, and environmental health are defined in the BIDEH policy (601 FW 3), which directs the USFWS to maintain the variety of life and its processes; to maintain biotic and abiotic compositions, structure, and functioning; and to manage populations for natural densities and levels of variation throughout the NWRS. Proposal This proposed rule would not change Federal subsistence regulations (36 CFR 242 and 50 CFR 100) or otherwise restrict the taking of fish or wildlife for subsistence by federally qualified users under those regulations. This proposed rule would also not apply to take in Defense of Life and Property as defined under State regulations (see 5 AAC 92.410). Hunting and trapping are priority uses of refuges in Alaska. The proposed rule would not affect implementation of State hunting and trapping regulations that are consistent with Federal law and USFWS policies on refuges, nor would it restrict hunting or trapping activities outside USFWS-managed refuge lands and waters. The proposed rule would make the following substantive changes: (1) We would prohibit predator control on refuges in Alaska, unless it is determined necessary to meet refuge purposes, Federal laws, or policy; is consistent with our mandates to manage for natural and biological diversity, biological integrity, and environmental health; and is based on sound science in response to a significant conservation concern. Demands for more wildlife for human harvest cannot be the sole or primary basis for predator control. A Refuge Manager could authorize predator control activities on a National Wildlife Refuge in Alaska only if: (a) Alternatives to predator control have been evaluated, attempted, and exhausted as a practical means of achieving management objectives; (b) Proposed actions have been evaluated and found to be in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.); (c) A formal refuge compatibility determination has been completed, as required by law; and (d) The potential effects of predator control on subsistence uses and needs [[Page 891]] have been evaluated through an ANILCA section 810 analysis. For clarity, we would define predator control as the intention to reduce the population of predators for the benefit of prey species. The USFWS in Alaska's position for the last three decades has been that the need for predator control must be based on sound science in response to a significant conservation concern. This requirement is consistent with managing for the conservation of natural and biological diversity, biological integrity, and environmental health under ANILCA and the Improvement Act. This proposed rule would ensure that take of wildlife under State regulations and implementation of predator control on refuges in Alaska are consistent with our legal mandates and policies for administration of those refuges. (2) We would also prohibit certain practices for the taking of wildlife on Alaska National Wildlife refuges (except for subsistence uses by federally qualified subsistence users in accordance with applicable Federal laws and regulations), including: Taking black or brown bear cubs or sows with cubs (exception allowed for resident hunters to take black bear cubs or sows with cubs under customary and traditional use activities at a den site October 15-April 30 in specific game management units in accordance with State law); Taking brown bears over bait; Taking of bears using traps or snares; Taking wolves and coyotes during the denning season (May 1-August 9); and Taking bears from an aircraft or on the same day as air travel has occurred. The take of wolves or wolverines from an aircraft or on the same day as air travel has occurred is already prohibited under current refuge regulations, and this would not change. The USFWS is seeking comment on the type of bait allowed to be used for the baiting of black or brown bears. Currently, State regulations, which are adopted on refuges, require the bait used at bear baiting stations to be biodegradable. People use a range of different types of bait for the baiting of bears, including parts of fish and game that are not required to be salvaged when these species are harvested, as well as human and pet food products. (3) We would update our regulations to reflect Federal assumption of management of subsistence hunting and fishing under Title VIII of ANILCA by the Federal Government from the State in the 1990s. (4) We would amend 50 CFR 32.2(h) to state that black bear baiting is authorized in accordance with State regulations on national wildlife refuges in Alaska. This change would help ensure consistency in our regulations if the amendments to 50 CFR 36, as presented in this proposed rule, are adopted. (5) We would update procedures for implementing closures or restrictions on refuges, including the taking of fish and wildlife under sport hunting and trapping, to more effectively engage and inform the public and make the notice and durational provisions more consistent with procedures set forth in Federal subsistence closure policy and regulations at 36 CFR 242.19 and 50 CFR 100.19 for emergency special actions on Federal public lands in Alaska. Improved consistency between these Federal regulations and processes is intended to help minimize confusion and make it easier for the public to be involved in the process. Under the proposed rule, the Regional Director will compile a list, updated at least annually, of Alaska refuge closures and restrictions under Federal Alaska refuge regulations. Notice would be provided in accordance with the procedures set forth at 50 CFR 36.42. This annual list would include contact information for the lead staff and a process for the public to provide input and review. The current regulations provide for emergency, temporary, and permanent restrictions. The proposed changes would outline emergency restrictions, limited to 60 days, and temporary restrictions, limited to the minimum time necessary, with review at least every 3 years. We would also update the closures and restrictions notification procedures for refuges in Alaska to reflect the availability of alternative communications technologies and approaches that have emerged or evolved over the last few decades. These changes recognize that the Internet has become one of the primary methods to communicate with the public and is an effective tool for engaging Alaskans and the broader American public and that there are other forms of broadcast media, beyond just the radio, that we may want to use. The proposed changes to the notification procedures are not intended to limit public involvement or reduce public notice; rather, we intend to engage in ways more likely to encourage public involvement and in a manner that is fiscally sustainable. We recognize that in- person public meetings will still be the most effective way to engage Alaskans, and we intend to continue that practice. We also recognize that many individuals in rural Alaska do not have access to high speed Internet, and for that reason, we will continue to use other methods of communication, such as newspapers and radio, where available to provide adequate notice. The following table summarizes the changes we propose to the existing procedures for public participation and closures at 50 CFR 36.42: ------------------------------------------------------------------------ Current Proposed update ------------------------------------------------------------------------ Authority ------------------------------------------------------------------------ Refuge Manager may close an area or No updates being considered. restrict an activity on an emergency, temporary, or permanent basis. ------------------------------------------------------------------------ Criteria (50 CFR 36.42(b)) ------------------------------------------------------------------------ Criteria includes: Public health and Add conservation of natural safety, resource protection, diversity, biological protection of cultural or scientific integrity, biological values, subsistence uses, endangered diversity, and environmental or threatened species conservation, health to the current list of and other management considerations criteria. necessary to ensure that the activity or area is being managed in a manner compatible with refuge purposes. ------------------------------------------------------------------------ [[Page 892]] Emergency closures or restrictions (50 CFR 36.42(c)) ------------------------------------------------------------------------ Emergency closure may not exceed 30 Increase the period from 30 to days. 60 days, with extensions beyond 60 days being subject to nonemergency closure procedures (i.e., temporary or permanent). Closure effective upon notice as Closure effective upon notice prescribed in 50 CFR 36.42(f) (see as prescribed in 50 CFR below for details). Closures related 36.42(f) (see below for to the taking of fish and wildlife details). will be accompanied by notice with a subsequent hearing. ------------------------------------------------------------------------ Temporary closures or restrictions (50 CFR 36.42(d)) ------------------------------------------------------------------------ May extend only for as long as Temporary closures or necessary to achieve the purpose of restrictions related to the the closure or restriction, not to taking of fish and wildlife exceed or be extended beyond 12 months. may still only extend for so long as necessary to achieve the purpose of the closure or restriction. These closures or restrictions will be periodically re-evaluated at least every 3 years to determine whether the circumstances necessitating the original closure still exist and warrant continuation of the restriction. A formal finding will be made in writing that explains the reasoning for the decision. When a closure is no longer needed, action to remove it will be initiated as soon as practicable. The USFWS will maintain a list of all refuge closures and publish this list annually for public review. Closure effective upon notice as Closure subject to notice prescribed in 50 CFR 36.42(f) (see procedures as prescribed in 50 below for details). Closures related CFR 36.42(f) (see below for to the taking of fish and wildlife details). Closures related to effective upon notice and hearing in the taking of fish and the vicinity of the area(s) affected wildlife would require by such closures or restriction, and consultation with the State other locations as appropriate. and affected Tribes and Native Corporations, as well as the opportunity for public comment and a public hearing in the vicinity of the area(s) affected. ------------------------------------------------------------------------ Permanent closures or restrictions (50 CFR 36.42(e)) ------------------------------------------------------------------------ No time limit.......................... No time limit. Closure effective after notice and Closures related to the taking public hearings in the affected of fish and wildlife would vicinity and other locations as require consultation with the appropriate, and after publication in State and affected Tribes and the Federal Register. Native Corporations, as well as the opportunity for public comment and a public hearing in the vicinity of the area(s) affected. Closures would continue to be published in the Federal Register. ------------------------------------------------------------------------ Notice (50 CFR 36.42(f)) ------------------------------------------------------------------------ Notice is to be provided through Add the use of the Internet, newspapers, signs, and radio. broadcast media, or other available methods, in addition to continuing to use the more traditional methods of newspapers, signs, and radio. ------------------------------------------------------------------------ (6) We propose to codify definitions for several terms (see the Proposed Regulation Promulgation section, below). These terms include ``Bait,'' ``Big game,'' ``Biological diversity,'' ``Biological integrity,'' ``Cub bear,'' ``Environmental health,'' ``Furbearer,'' ``Historic conditions,'' ``Natural diversity,'' ``Predator control,'' ``Regional Director,'' ``Sport hunting,'' and ``Trapping.'' Most of these definitions, including bait, big game, cub bear, furbearer, and predator control, are based on existing definitions in Federal subsistence regulations or policy. During our scoping and tribal consultation efforts, we heard that the definitions for biological integrity, biological diversity, natural diversity, and environmental health and the origins of these definitions were of significant interest to people. As discussed earlier in the preamble, the USFWS is mandated under the Improvement Act to ``ensure that the biological integrity, diversity, and environmental health [BIDEH] of the System are maintained for the benefit of present and future generations of Americans . . .'' (16 U.S.C. 668dd(a)(4)(B)). The USFWS BIDEH policy (601 FW 3), which provides guidance for implementation of the Improvement Act, provides definitions for each of these terms, as well as the term ``historic conditions,'' and those definitions are included word-for-word in this proposed rule. As was also discussed earlier in the preamble, under ANILCA, each refuge in Alaska has an establishment purpose to ``conserve fish and wildlife populations and habitats in their natural diversity.'' Our proposed definition for natural diversity is based on the discussion of the term in the legislative history of ANILCA. Required Determinations 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 determined that this rule is not significant. Executive Order 13563 reaffirms the principles of Executive Order 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. Executive Order 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. [[Page 893]] Regulatory Flexibility Act Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency must publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effects of the rule on small entities (small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the RFA to require Federal agencies to provide a statement of the factual basis for certifying that the rule will not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for ``significant impact'' and a threshold for a ``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would have a significant economic impact on a substantial number of small entities. The proposed rule would amend regulations for refuges in Alaska. The proposed rule would: (1) Codify how our existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska relate to predator control (50 CFR 36.1); (2) prohibit several particularly effective methods and means for take of predators (50 CFR 36.32); and (3) update our public participation and closure procedures (50 CFR 36.42). Predator control is prohibited on refuges in Alaska unless it is determined necessary to meet refuge purposes, Federal laws, or policy and is consistent with our mandates to manage for natural and biological diversity, biological integrity, and environmental health. The need for predator control must be based on sound science in response to a significant conservation concern. Demands for more wildlife to harvest cannot be the sole or primary basis for predator control. This rule would not change Federal subsistence regulations (36 CFR 242 and 50 CFR 100) or restrict taking of fish or wildlife for subsistence uses under Federal subsistence regulations. Codifying our existing mandates on conservation of natural diversity, biological integrity, biological diversity, and environmental health would not have a significant impact because the USFWS is and has been required to manage refuges in Alaska consistent with these mandates for the last several decades since they were put into effect. Codifying previously and currently prohibited sport hunting and trapping practices would not have a significant impact because the few changes that have occurred have been relatively recent, occurring over the last several years, and this rule would actually constitute a change back to the status quo. State general hunting and trapping regulations currently apply to refuges in Alaska. Therefore, the prohibition of particular methods and means for the take of predators under State regulations on refuges in Alaska that may affect visitor use on those refuges include the take of brown bears over bait, take of wolves and coyotes during the denning season, and same-day airborne take of bears. The take of black bear sows with cubs is only allowed under State regulations in specific game management units for customary and traditional use; therefore it is not currently nor in the past has it been legal for the general public to participate in this activity outside of that framework. As a result, big game hunting may decrease if a hunter's preferred hunting method is prohibited. Conversely, wildlife watching activities may increase if there are increased opportunities to view wildlife, including bears, wolves, and coyotes. From 2009 to 2013, big game hunting on refuges in Alaska averaged about 40,000 days annually and represented 2 percent of wildlife-related recreation on refuges. For Statewide hunting, big game hunting on refuges in Alaska represented only 4 percent of all big game hunting days (1.2 million days). Due to the past ban on these proposed prohibited methods and means for take of predators, we estimate that these hunting methods (take of brown bears over bait, take of wolves and coyotes during the denning season, and same-day airborne take of bears) represent a small fraction of all big game hunting on refuges. As a result, big game hunting on refuges would change minimally. This change in opportunity would most likely be offset by other sites (located outside of refuges) gaining participants. Therefore, there would be a substitute site for these hunting methods, and participation rates would not necessarily change. Hunters' spending contributes income to the regional economy and benefits local businesses. Due to the unavailability of site-specific expenditure data, we use the Alaska estimate from the 2011 National Survey of Fishing, Hunting, and Wildlife Associated Recreation to identify expenditures for food and lodging, transportation, and other incidental expenses. Using the average trip-related expenditures for big game hunting ($139 per day) yields approximately $5.9 million annually in big game hunting-related expenditures on refuges in Alaska. Since only a small fraction of big game hunters would choose not to hunt on refuges under the proposed rule, the impact would be minimal. The net loss to the local communities would be no more than $5.9 million annually, and most likely considerably less because few hunters use the prohibited methods and those hunters that do would likely choose a substitute site. Small businesses within the retail trade industry (such as hotels, gas stations, taxidermy shops, etc.) may be impacted from some decreased refuge visitation. A large percentage of these retail trade establishments in local communities around refuges qualify as small businesses. We expect that the incremental recreational changes will be scattered, and so we do not expect that the rule would have a significant economic effect on a substantial number of small entities in Alaska. With the small change in overall spending anticipated from this proposed rule, it is unlikely that a substantial number of small entities would have more than a small impact from the spending change near the affected refuges. Therefore, we certify that this proposed rule would not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) An initial regulatory flexibility analysis is not required. Accordingly, a small entity compliance guide is not required. Small Business Regulatory Enforcement Fairness Act (SBREFA) This proposed rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. This rule: a. Would not have an annual effect on the economy of $100 million or more. b. Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. c. Would 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. [[Page 894]] Unfunded Mandates Reform Act This proposed rule would not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule would not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. Takings (Executive Order 12630) This proposed rule does not involve the taking of private property or otherwise have taking implications under Executive Order 12630. This proposed rule, if adopted, would affect the public use and management of Federal lands managed by USFWS in Alaska. A takings implication assessment is not required. Federalism (Executive Order 13132) In accordance with Executive Order 13132, this proposed rule does not have significant Federalism effects. A federalism summary impact statement is not required. This proposed rule, if adopted, would affect the public use and management of Federal lands managed by USFWS in Alaska and would not have a substantial direct effect on State or local governments in Alaska. Civil Justice Reform (Executive Order 12988) This proposed rule complies with the requirements of Executive Order 12988. Specifically, this rule: a. Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and b. Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994 (Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951 (May 4, 1994)), Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments; 65 FR 67249 (November 9, 2000)), and the Department of the Interior Manual, 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to- government basis, and we are seeking the Tribes' input in evaluating this proposed rule. In addition, we have evaluated this proposed rule in accordance with 512 DM 4 under Department of the Interior Policy on Consultation with Alaska Native Claims Settlement Act (ANCSA) Corporations, August 10, 2012. We have been and will continue to consult with Alaska Native tribes and Alaska Native corporations regarding this proposed rule. Paperwork Reduction Act of 1995 (PRA) This proposed rule does not contain any new collections of information that require approval by the Office of Management and Budget (OMB) under the PRA (44 U.S.C. 3501 et seq.). The special use permit mentioned in this proposed rule, FWS Form 3-1383-G, is already approved by OMB under OMB control number 1018-0102, which expires on June 30, 2017. We may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act We have analyzed this rule in accordance with the criteria of the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and the Department of the Interior's manual at 516 DM. An environmental assessment has been prepared and is available for public comment during the comment period for this proposed rule. A copy of the environmental assessment can be found at http://www.regulations.gov under Docket No. FWS-R7-NWRS-2014-0005. Energy Supply, Distribution, or Use (Executive Order 13211) Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking actions that significantly affect energy supply, distribution, or use. We believe that the rule would not have any effect on energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required. Clarity of This 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 common, everyday words and 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 the ADDRESSES section, above. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Authors The primary authors of this proposed rule are Heather Abbey Tonneson and Stephanie Brady of the U.S. Fish and Wildlife Service, Alaska Regional Office, with considerable review and input from other USFWS Alaska refuge and Office of Subsistence Management managerial and biological staff. Public Participation It is the policy of the Department of the Interior, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, interested persons may submit written comments regarding this proposed rule by one of the methods listed in the ADDRESSES section, above. In addition, see the related document published elsewhere in today's Federal Register with information on nine open houses and public hearings that will be held in various locations around the State and at which comments will be accepted. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. List of Subjects 50 CFR Part 32 Fishing, Hunting, Reporting and recordkeeping requirements, Wildlife, Wildlife refuges. 50 CFR Part 36 Alaska, Recreation and recreation areas, Reporting and recordkeeping requirements, Wildlife refuges. [[Page 895]] Accordingly, we propose to amend title 50, chapter I, subchapter C, of the Code of Federal Regulations as follows: PART 32--HUNTING AND FISHING 0 1. The authority citation for part 32 continues to read as follows: Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i. Sec. 32.2 [Amended] 0 2. Amend Sec. 32.2(h) by removing the words, ``(Baiting is authorized in accordance with State regulations on national wildlife refuges in Alaska).'' and adding in their place the words, ``(Black bear baiting is authorized in accordance with State regulations on national wildlife refuges in Alaska.)''. PART 36--ALASKA NATIONAL WILDLIFE REFUGES 0 3. The authority citation for part 36 continues to read as follows: Authority: 16 U.S.C. 460(k) et seq., 668dd-668ee, 3101 et seq. Subpart A--Introduction and General Provisions 0 4. Amend Sec. 36.1 by: 0 a. Redesignating paragraphs (a), (b), and (c) as paragraphs (b), (c), and (d), respectively; and 0 b. Adding a new paragraph (a) to read as follows: Sec. 36.1 How do the regulations in this part apply to me and what do they cover? (a) National Wildlife Refuges in Alaska are maintained to conserve species and habitats in their natural diversity and to ensure biological integrity, diversity, and environmental health for the continuing benefit of present and future generations. * * * * * 0 5. Amend Sec. 36.2 by adding, in alphabetical order, definitions for ``Bait,'' ``Big game,'' ``Biological diversity,'' ``Biological integrity,'' ``Cub bear,'' ``Environmental health,'' ``Furbearer,'' ``Historic conditions,'' ``Natural diversity,'' ``Predator control,'' ``Regional Director,'' ``Sport hunting,'' and ``Trapping,'' to read as follows: Sec. 36.2 What do these terms mean? * * * * * Bait means any material excluding a scent lure that is placed to attract an animal by its sense of smell or taste; however, those parts of legally taken animals that are not required to be salvaged and which are left at the kill site are not considered bait. Big game means black bear, brown bear, bison, caribou, Sitka black- tailed deer, elk, mountain goat, moose, muskox, Dall sheep, wolf, and wolverine. Biological diversity means the variety of life and its processes, including the variety of living organisms, the genetic differences among them, and communities and ecosystems in which they occur. Biological integrity means the biotic compositions, structure, and functioning at genetic, organism, and community level comparable with historic conditions, including the natural biological processes that shape genomes, organisms, and communities. Cub bear means a brown (grizzly) bear in its first or second year of life, or a black bear (including the cinnamon and blue phases) in its first year of life. * * * * * Environmental health means the composition, structure, and functioning of soil, water, air, and other abiotic features comparable with historic conditions, including the natural abiotic processes that shape the environment. * * * * * Furbearer means a beaver, coyote, arctic fox, red fox, lynx, marten, mink, least weasel, short-tailed weasel, muskrat, river (land) otter, flying squirrel, ground squirrel, red squirrel, Alaskan marmot, hoary marmot, woodchuck, wolf, or wolverine. Historic conditions means the composition, structure, and functioning of ecosystems resulting from natural processes that we believe, based on sound professional judgment, were present prior to substantial human related changes to the landscape. Natural diversity means the existence of all fish, wildlife, and plant populations within a particular wildlife refuge system unit in the natural mix and in a healthy condition for the long term benefit of current and future generations. Managing for natural diversity includes avoiding emphasis of management activities favoring some species to the detriment of others; assuring that habitat diversity is maintained through natural means, avoiding artificial developments and habitat manipulation programs whenever possible; and taking into consideration the fact that humans are dependent on wildlife refuge subsistence resources. * * * * * Predator control is the intention to reduce the population of predators for the benefit of prey species. * * * * * Regional Director means the Alaska Regional Director of the U.S. Fish and Wildlife Service, or an authorized representative. * * * * * Sport hunting means the taking of or attempting to take wildlife under State hunting or trapping regulations. In Alaska, this is commonly referred to as general hunting and trapping and includes State subsistence hunts and general permits open to both Alaska residents and nonresidents. * * * * * Trapping means taking furbearers under a trapping license. * * * * * Subpart B--Subsistence Uses Sec. 36.11 [Amended] 0 6. Amend Sec. 36.11 by removing paragraph (d) and by redesignating paragraph (e) as paragraph (d). 0 7. Revise Sec. 36.13 to read as follows: Sec. 36.13 Subsistence fishing. Fish may be taken by Federally qualified subsistence users, as defined at 50 CFR part 100.5, for subsistence uses on Alaska National Wildlife Refuges where subsistence uses are allowed in compliance with this subpart and 50 CFR part 100. 0 8. Revise Sec. 36.14 to read as follows: Sec. 36.14 Subsistence hunting and trapping. Federally qualified subsistence users, as defined at 50 CFR part 100.5, may hunt and trap wildlife for subsistence uses on Alaska National Wildlife Refuges where subsistence uses are allowed in compliance with this subpart and 50 CFR part 100. Subpart D--Non-subsistence Uses 0 9. Revise the heading of subpart D to read as set forth above. 0 10. Amend Sec. 36.32 to read as follows: Sec. 36.32 Taking of fish and wildlife. (a) The taking of fish and wildlife for sport hunting and trapping and for sport fishing is authorized in accordance with applicable State and Federal law, and such laws are hereby adopted and made a part of these regulations, except as noted below and provided however, that the Refuge Manager, pursuant to Sec. 36.42, may designate areas where, and establish periods when, no taking of a particular population of fish or wildlife will be allowed. (b) Predator control is prohibited on National Wildlife Refuges in Alaska, unless it is determined necessary to meet refuge purposes, Federal laws, or policy; is consistent with our mandates to manage for natural and biological diversity, biological integrity, and environmental health; and is based on [[Page 896]] sound science in response to a significant conservation concern. Demands for more wildlife for human harvest cannot be the sole or primary basis for predator control. A Refuge Manager will authorize predator control activities on a National Wildlife Refuge in Alaska only if: (1) Alternatives to predator control have been evaluated, attempted, and exhausted as a practical means of achieving management objectives; (2) Proposed actions have been evaluated in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.); (3) A formal refuge compatibility determination has been completed, as required by law; and (4) The potential effects of predator control on subsistence uses and needs have been evaluated through an ANILCA section 810 analysis. (c) The exercise of valid commercial fishing rights or privileges obtained pursuant to existing law, including any use of refuge areas for campsites, cabins, motorized vehicles, and aircraft landing directly incident to the exercise of such rights or privileges, is authorized; Provided, however, that the Refuge Manager may restrict or prohibit the exercise of these rights or privileges or uses of federally owned lands directly incident to such exercise if the Refuge Manager determines, after conducting a public hearing in the affected locality, that they are inconsistent with the purposes of the refuge and that they constitute a significant expansion of commercial fishing activities within such refuge beyond the level of such activities in 1979. (d) The following provisions apply to any person while engaged in the taking of fish and wildlife within an Alaska National Wildlife Refuge: (1) Trapping and sport hunting. (i) Each person must secure and possess all required State licenses and must comply with the applicable provisions of State law unless further restricted by Federal law; (ii) Each person must comply with the applicable provisions of Federal law; (iii) In addition to the requirements of paragraphs (a) and (b) of this section, each person must continue to secure a trapping permit from the appropriate Refuge Manager prior to trapping on the Kenai, Izembek, and Kodiak Refuges and the Aleutian Islands Unit of the Alaska Maritime Refuge. (iv) It is unlawful for a person having been airborne to use a firearm or any other weapon to take or assist in taking any species of bear, wolf, or wolverine until after 3 a.m. on the day following the day in which the flying occurred, except that a trapper may use a firearm or any other weapon to dispatch a legally caught wolf or wolverine in a trap or snare on the same day in which the flying occurred. This prohibition does not apply to flights on regularly scheduled commercial airlines between regularly maintained public airports. (v) The following methods and means for take of wildlife are prohibited: ------------------------------------------------------------------------ Prohibited acts Exceptions ------------------------------------------------------------------------ (A) Using snares, nets, or traps to None. take any species of bear. (B) Using bait......................... (1) Bait may be used to trap furbearers. (2) Bait may be used to hunt black bears. (C) Taking wolves and coyotes from May None. 1 through August 9. (D) Taking bear cubs or sows with cubs. In accordance with Alaska State law and regulation, resident hunters may take black bear cubs or sows with cubs under customary and traditional use activities at a den site October 15--April 30 in game management units 19A, 19D, 21B, 21C, 21D, 24, and 25D. ------------------------------------------------------------------------ (2) Sport and commercial fishing. (i) Each person must secure and possess all required State licenses and must comply with the applicable provisions of State law unless further restricted by Federal law; (ii) Each person must comply with the applicable provisions of Federal law. (e) Persons transporting fish or wildlife through Alaska National Wildlife Refuges must carry an Alaska State hunting or fishing license, or in cases where a person is transporting game for another person, they are required to carry an Alaska State ``Transfer of Possession Form'' on their person and make these available when requested by law enforcement personnel. (f) Nothing in this section applies to or restricts the taking or transporting of fish and wildlife by Federally qualified subsistence users under Federal subsistence regulations. (g) Animal control programs will only be conducted in accordance with a special use permit issued by the Refuge Manager. 0 11. Amend Sec. 36.42 by revising paragraphs (a), (b), (c)(4), (d), (e), (f), (g), and (h) to read as follows: Sec. 36.42 Public participation and closure procedures. (a) Applicability and authority. The Refuge Manager may close an area or restrict an activity in an Alaska National Wildlife Refuge on an emergency, temporary, or permanent basis in accordance with this section. (b) Criteria. In determining whether to close an area or restrict an activity otherwise allowed, the Refuge Manager will be guided by factors such as public health and safety; resource protection; protection of cultural or scientific values; subsistence uses; conservation of endangered or threatened species; conservation of natural diversity, biological integrity, biological diversity, and environmental health; or other management considerations necessary to ensure that the activity or area is being managed in a manner compatible with the purposes for which the Refuge was established. (c) * * * (4) Emergency closures or restrictions may not exceed a period of 60 days. Extensions beyond 60 days are subject to nonemergency closure procedures. (d) Temporary closures or restrictions. (1) Temporary closures or restrictions relating to the use of aircraft, snowmachines, motorboats, or nonmotorized surface transportation will be effective only after notice and hearing in the vicinity of the area(s) affected by such closures or restriction, and other locations as appropriate. (2) Temporary closures or restrictions related to the taking of fish and wildlife will be effective only after allowing for the opportunity for public comment and a public hearing in the vicinity of the area(s) affected. Temporary closures or restrictions related to the taking of fish and wildlife also require consultation with the State and affected Tribes and Native Corporations. (3) Other temporary closures will be effective upon notice as set forth at Sec. 36.42(f). (4) Temporary closures or restrictions, other than those relating to the taking of fish and wildlife, will extend only for as long as necessary to achieve the purpose [[Page 897]] of the closure or restriction, not to exceed 12 months. (5) Temporary closures or restrictions related to the taking of fish and wildlife will extend only for as long as necessary to achieve the purpose of the closure or restriction. These temporary closures and restrictions will be periodically re-evaluated as necessary, at least every 3 years, to determine whether the circumstances necessitating the original closure or restriction still exist and warrant continuation. A formal finding will be made in writing that explains the reasoning for the decision. When a closure is no longer needed, action to remove it will be initiated as soon as practicable. (6) The U.S. Fish and Wildlife Service will maintain a list of all refuge closures and restrictions and will publish this list annually for public review. (e) Permanent closures or restrictions. Permanent closures or restrictions relating to the use of aircraft, snowmachines, motorboats, or nonmotorized surface transportation, or taking of fish and wildlife, will be effective only after allowing for the opportunity for public comment and a public hearing in the vicinity of the area(s) affected and publication in the Federal Register. Permanent closures or restrictions related to the taking of fish and wildlife would require consultation with the State and affected Tribes and Native Corporations. (f) Notice. Emergency, temporary, or permanent closures or restrictions will be published on the U.S. Fish and Wildlife Service's Web site at http://www.fws.gov/alaska/nwr/ak_sp_hunt_regs.htm. Additional means of notice reasonably likely to inform residents in the affected vicinity will also be provided where available, such as: (1) Publication in a newspaper of general circulation in the State and in local newspapers; (2) Use of electronic media, such as the Internet and email lists; (3) Broadcast media (radio, television, etc.); or (4) Posting of signs in the local vicinity or at the Refuge Manager's office. (g) Openings. In determining whether to open an area to public use or activity otherwise prohibited, the Refuge Manager will provide notice in the Federal Register and will, upon request, hold a public meeting in the affected vicinity and other location, as appropriate, prior to making a final determination. (h) Except as otherwise specifically allowed under the provisions of this part, entry into closed areas or failure to abide by restrictions established under this section is prohibited. Karen Hyun, Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016-00022 Filed 1-7-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules 887
the nine scheduled open houses or We request that you send comments means that we will post any personal
public hearings. Public testimony will only by the methods described above. information you provide us.
be recorded and submitted for the We will post all comments on http:// Open Houses and Public Hearings:
record at the public hearings via a court www.regulations.gov. This generally We will hold open houses and public
reporter. hearings at the following locations:
City Location information
Kodiak, Alaska ..................... Kodiak National Wildlife Refuge Visitor Center, 402 Center Ave, Kodiak, Alaska; 907–487–2600.
Bethel, Alaska ...................... Yukon Delta National Wildlife Refuge Conference Room, 807 Chief, Eddie Hoffman Highway, Bethel, Alaska;
907–543–3151.
Fairbanks, Alaska ................. Morris Thompson Cultural and Visitor Center, 101 Dunkel St., Fairbanks, Alaska; 907–456–0440.
Tok, Alaska .......................... Tok School, 249 Jon Summar Road, Tok, Alaska; 907–883–5312.
Soldonta, Alaska .................. Kenai National Wildlife Refuge Visitor Center, Ski Hill Road, Soldotna, Alaska; 907–260–2820.
Anchorage, Alaska ............... U.S. Fish and Wildlife Service Regional Office, Gordon Watson Conference Room, 1011 Tudor Rd., Anchorage,
Alaska; 907–786–3872.
Dillingham, Alaska ................ Dillingham City Council Chambers, 141 Main Street, Dillingham, Alaska; 907–842–1063.
Galena, Alaska ..................... Charlie Larsen Community Hall, Galena, Alaska; 907–656–1231.
Kotzebue, Alaska ................. Selawik National Wildlife Refuge Conference Room at the Selawik National Wildlife Refuge Headquarters, 160
Second Avenue, Kotzebue, Alaska; 907–442–3799.
FOR FURTHER INFORMATION CONTACT: hearings, the open houses allow the Authority
Stephanie Brady, Chief of Conservation public the opportunity to interact with The authority for this action is 5
Planning and Policy, National Wildlife Service staff, who will be available to U.S.C. 301; 16 U.S.C. 460k et seq., 664,
Refuge System, Alaska Regional Office, provide information and address 668dd–668ee, 715i, and 3101 et seq.
1011 E. Tudor Rd., Mail Stop 211, questions on the proposed rule and the
Anchorage, AK 99503; telephone (907) Karen Hyun,
environmental assessment.
306–7448. Deputy Assistant Secretary for Fish and
We cannot accept verbal testimony at Wildlife and Parks.
SUPPLEMENTARY INFORMATION:
any of the open houses; verbal [FR Doc. 2016–00021 Filed 1–7–16; 8:45 am]
Background testimony can only be accepted at the BILLING CODE 4333–15–P
We published a proposed rule public hearings. Anyone wishing to
elsewhere in today’s Federal Register to make an oral statement at a public
clarify how our existing mandates for hearing for the record is encouraged to DEPARTMENT OF THE INTERIOR
the conservation of natural and provide a written copy of their
biological diversity, biological integrity, statement to us at the hearing. In the Fish and Wildlife Service
and environmental health on refuges in event there is a large attendance, the
Alaska relate to predator control; time allotted for oral statements may be 50 CFR Parts 32 and 36
prohibit several particularly effective limited. Speakers can sign up at a [Docket No. FWS–R7–NWRS–2014–0005;
methods and means for take of hearing if they desire to make an oral FF07R05000 145 FXRS12610700000]
predators; and update our public statement. Oral and written statements RIN 1018–BA31
participation and closure procedures. receive equal consideration. There are
The proposed rule would not change no limits on the length of written Non-Subsistence Take of Wildlife, and
Federal subsistence regulations or comments submitted to us. Public Participation and Closure
restrict the taking of fish or wildlife for Procedures, on National Wildlife
subsistence uses under Federal Persons with disabilities needing
reasonable accommodations to Refuges in Alaska
subsistence regulations. See the
proposed rule and associated participate in an open house or public AGENCY: Fish and Wildlife Service,
environmental assessment at http:// hearing should contact Stephanie Brady, Interior.
www.regulations.gov at Docket No. Chief of Conservation Planning and ACTION: Proposed rule.
FWS–R7–NWRS–2014–0005 for further Policy, National Wildlife Refuge
details. System, Alaska (see FOR FURTHER SUMMARY: We, the U.S. Fish and
INFORMATION CONTACT). Reasonable Wildlife Service (USFWS), propose to
Open Houses and Public Hearings amend our regulations for National
accommodation requests should be
We are holding nine open houses and received at least 3 business days prior Wildlife Refuges (refuges) in Alaska.
public hearings on the dates listed to the open house or public hearing to This proposed rule clarifies how our
above in the DATES section at the existing mandates for the conservation
help ensure availability; American Sign
locations listed above in the ADDRESSES of natural and biological diversity,
Language or English as a second
section. We are holding the public biological integrity, and environmental
language interpreter needs should be
hearings to provide interested parties an health on refuges in Alaska relate to
received at least 2 weeks prior to the
opportunity to present verbal testimony predator control; prohibits several
srobinson on DSK5SPTVN1PROD with PROPOSALS
(formal, oral comments) or written open house or public meeting. particularly effective methods and
comments regarding the proposed rule Authors means for take of predators; and updates
and associated environmental our public participation and closure
assessment. A formal public hearing is The primary author of this document procedures. This proposed rule would
not, however, an opportunity for is Stephanie Brady, Chief of not change Federal subsistence
dialogue with the Service; it is only a Conservation Planning and Policy, regulations or restrict the taking of fish
forum for accepting formal verbal National Wildlife Refuge System, or wildlife for subsistence uses under
testimony. In contrast to the public Anchorage Regional Office. Federal subsistence regulations.
VerDate Sep<11>2014 22:59 Jan 12, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\08JAP1.SGM 08JAP1](https://thefederalregister.org/doc/81_FR_892/page/1.svg)
![888 Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules
DATES: We must receive your comments for management specific to refuges in maintaining natural diversity of fish and
on or before March 8, 2016. Alaska. ANILCA added approximately wildlife populations and their
ADDRESSES: You may submit comments 54 million acres of land to the NWRS in dependent habitats for the long term
by any one of the following methods: Alaska, managed by USFWS; benefit of all citizens’’ (126 Cong. Rec.
(1) Electronically: Go to the Federal established nine new refuges; and H12,352–53 (daily ed. Dec. 11, 1980)
eRulemaking Portal: http:// established or redesignated seven other (statement of Rep. Udall).
www.regulations.gov. In the Search box, already established refuges. ANILCA In its ANILCA Title VIII statement of
enter FWS–R7–NWRS–2014–0005, also designated 18.7 million acres in 13 policy, Congress stated, ‘‘nonwasteful
which is the docket number for this wilderness areas on refuges in Alaska as subsistence uses of fish and wildlife and
rulemaking. Then click on the Search units of the National Wilderness other renewable resources [by rural
button. On the resulting page, you may Preservation System. residents] shall be the priority
submit a comment by clicking on Under ANILCA, each refuge in Alaska consumptive uses of all such resources
‘‘Comment Now!’’ has a nonexclusive list of purposes for on the public lands of Alaska when it
(2) By hard copy: Submit by U.S. mail which it was established, including to is necessary to restrict taking in order to
or hand-delivery to: Public Comments ‘‘conserve fish and wildlife populations assure the continued viability of a fish
Processing, Attn: FWS–R7–NWRS– and habitats in their natural diversity’’ or wildlife population or the
2014–0005; Division of Policy, followed by a list of representative continuation of subsistence uses of such
Performance, and Management species particular to each refuge. Under population, the taking of such
Programs; U.S. Fish and Wildlife ANILCA, all other refuge establishment population for nonwasteful subsistence
Service, MS: BPHC; 5275 Leesburg Pike, purposes for Alaska refuges (except uses shall be given preference on the
Falls Church, VA 22041–3803. international treaty obligations) must be public land over other consumptive
(3) In person: We will hold nine open managed consistently with the first uses’’ (16 U.S.C. 3112(2)). This
houses and public hearings at which purpose for the conservation of natural subsistence preference includes all
comments may be submitted. See the diversity. While ‘‘natural diversity’’ is National Wildlife Refuges in Alaska.
related document published elsewhere not defined in ANILCA, its legislative All refuges in Alaska (except the
in today’s Federal Register with history provides guidance. The Senate Kenai National Wildlife Refuge) have
information about the dates, times, and Report on H.R. 39 states that refuges among their stated statutory purposes to
locations of those open houses and represent ‘‘the opportunity to manage provide the opportunity for continued
hearings and the various ways in which these areas on a planned ecosystem- subsistence use by local rural residents
oral and written comments will be wide basis with all of their pristine in a manner consistent with the
accepted. ecological processes intact’’ (S. Rep. No. conservation of fish and wildlife
We will post all comments on http:// 96–413 at 174 (1979), reprinted in 1980 populations and habitats in their natural
www.regulations.gov. This generally U.S.C.C.A.N. 5118). Nine days after diversity and fulfilling the international
means that we will post any personal ANILCA was signed into law on treaty obligations of the United States
information you provide us. For December 2, 1980, Congressman Udall, with respect to fish and wildlife and
additional information, see the Public during a speech on the floor of the their habitats. In a further statement of
Participation and Public Availability of House of Representatives described the Title VIII policy, Congress stated that
Comments sections, below. source of the term ‘‘natural diversity.’’ ‘‘consistent with sound management
FOR FURTHER INFORMATION CONTACT: He stated that the conservation of principles, and the conservation of
Stephanie Brady, Chief of Conservation natural diversity refers not only to healthy populations of fish and wildlife,
Planning and Policy, National Wildlife ‘‘protecting and managing all fish and the utilization of the public lands in
Refuge System, Alaska Regional Office, wildlife populations within a particular Alaska is to cause the least adverse
1011 E. Tudor Rd., Mail Stop 211, wildlife refuge system unit in the impact possible on rural residents who
Anchorage, AK 99503; telephone (907) natural ‘mix,’ not to emphasize depend upon subsistence uses of the
306–7448. management activities favoring one resources of such lands; consistent with
SUPPLEMENTARY INFORMATION: species to the detriment of another’’ management of fish and wildlife in
(126 Cong. Rec. H12, 352–53 (daily ed. accordance with recognized scientific
Background Dec. 11, 1980) (statement of Rep. principles and the purposes for each
The U.S. Fish and Wildlife Service Udall)). During this floor speech, unit established . . . the purpose of this
(USFWS) has various mandates it must Congressman Udall also stated that in title [Title VIII] is to provide the
adhere to in managing the National managing for natural diversity it was the opportunity for rural residents engaged
Wildlife Refuge System (NWRS). There intent of Congress, ‘‘to direct the U.S. in a subsistence way of life to do so’’ (16
are three statutes in particular that Fish and Wildlife Service to the best of U.S.C. 3112(1)). The Senate Committee
provide direction and authority specific its ability, . . . to manage wildlife on Energy and Natural Resources in its
to the Alaska NWRS: The 1980 Alaska refuges to assure that habitat diversity is report on H.R. 39 stated that ‘‘the phrase
National Interest Lands Conservation maintained through natural means, ‘the conservation of healthy populations
Act (ANILCA; 16 U.S.C. 3111–3126); the avoiding artificial developments and of fish and wildlife’ is to mean the
1997 National Wildlife Refuge System habitat manipulation programs . . . ; to maintenance of fish and wildlife
Improvement Act (Improvement Act; 16 assure that wildlife refuge management resources in their habitats in a condition
U.S.C. 668dd–668ee, which amended fully considers the fact that humans which assures stable and continuing
srobinson on DSK5SPTVN1PROD with PROPOSALS
the National Wildlife Administration reside permanently within the natural populations and species mix of
Act of 1966 (Administration Act)); and boundaries of some areas and are plants and animals in relation to their
the 1964 Wilderness Act (16 U.S.C. dependent, . . . on wildlife refuge ecosystems, including recognition that
1131–1136). subsistence resources; and to allow local rural residents engaged in
The Improvement Act provides that management flexibility in developing subsistence uses may be a natural part
ANILCA takes precedence if there is a new and innovative management of that ecosystem . . . ’’ (S. Rep. No. 96–
conflict between the two, and thus programs different from lower 48 413 at 233, reprinted in 1980
ANILCA provides the primary direction standards, but in the context of U.S.C.C.A.N. 5177).
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![Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules 889
The USFWS recognizes the based on sound professional judgment, unless further restricted by Federal law
importance of the fish, wildlife, and were present prior to substantial human (see 50 CFR 32.2(d)) or closures to
other natural resources in the lives and related changes to the landscape.’’ In Federal public land, such as under
cultures of Alaska Native peoples, rural implementing this policy on refuges, we Federal subsistence regulations (36 CFR
residents, and in the lives of all favor ‘‘management that restores or 242.26 or 50 CFR 100.26). In Alaska,
Alaskans, and we continue to recognize mimics natural ecosystem processes or sport hunting is commonly referred to
subsistence uses of fish and wildlife and functions to achieve refuge as general hunting and trapping and
other renewable resources as the purposes(s).’’ Additionally, under this includes State subsistence hunts and
priority consumptive use on Federal policy, we ‘‘formulate refuge goals and general permits open to both Alaska
lands in Alaska, which includes all objectives for population management residents and nonresidents (see
National Wildlife Refuges in Alaska. by considering natural densities, social proposed definition under the Proposed
This proposed rule would not change structures, and population dynamics at Regulation Promulgation section,
existing or future Federal subsistence the refuge level’’ and manage below). These activities remain subject
regulations (36 CFR 242 and 50 CFR populations for ‘‘natural densities and to Federal law, including mandates
100) or restrict taking of fish or wildlife levels of variation.’’ under ANILCA; the Improvement Act;
for subsistence uses under Federal The Wilderness Act of 1964 (16 U.S.C. and, where applicable, the Wilderness
subsistence regulations. 1131–1136) states that wilderness ‘‘is Act. Applicable directives and guidance
The Improvement Act states that hereby recognized as an area where the can also be found in policies in the
earth and its community of life are USFWS Manual at 601 FW 3 (Biological
refuges must be managed to fulfill the
untrammeled by man . . . which is Integrity, Diversity, and Environmental
mission of the NWRS and purposes of
protected and managed so as to preserve Health), 610 FW 2 (Wilderness
the individual refuge. The Improvement
its natural conditions.’’ Our wilderness Administration and Resource
Act also clearly states the mission of the
stewardship policy (610 FW 1) Stewardship), and 605 FW 2 (Hunting).
NWRS, which is to ‘‘administer a
interprets ‘‘untrammeled’’ to be ‘‘the Additionally, the regulations at 50 CFR
national network of lands and waters for
freedom of a landscape from the human 36.32(a) state that the Refuge Manager
the conservation, management, and
intent to permanently intervene, alter, ‘‘may designate areas where, and
where appropriate, restoration of fish,
control, or manipulate natural establish periods when, no taking of a
wildlife, and plant resources and their
conditions or processes.’’ The second particular population of fish or wildlife
habitats within the United States for the chapter of the wilderness stewardship
benefit of present and future generations shall be permitted.’’
policy, which outlines administration
of Americans.’’ Section 4(a)(4)(B) of the and resource stewardship (610 FW 2), The State of Alaska’s (State) legal
Improvement Act states that ‘‘In directs that USFWS will not manipulate framework for managing wildlife in
administering the System, the Secretary ecosystem processes, specifically Alaska is based on sustained yield,
shall . . . ensure that the biological including predator/prey fluctuations, in which is defined by statute to mean ‘‘the
integrity, diversity, and environmental wilderness areas unless ‘‘necessary to achievement and maintenance in
health [BIDEH] of the System are accomplish the purposes of the refuge, perpetuity of the ability to support a
maintained for the benefit of present including Wilderness Act purposes, or high level of human harvest of game,
and future generations of Americans in cases where these processes become subject to preferences among beneficial
. . .’’ (16 U.S.C. 668dd(a)(4)(B)). The unnatural’’ (i.e., disrupted predator/prey uses, on an annual or periodic basis’’
USFWS BIDEH policy (601 FW 3), relationships, spread of invasive (Alaska Statute (AS) 16.05.255(j)(5)).
which provides guidance for species, and so forth). Additionally, Since 1994, Alaska State law (AS
implementation of the Improvement nothing in this proposed rule applies to 16.05.255) has prioritized human
Act, defines biological integrity as or is inconsistent with our policy that consumptive use of ungulates—
‘‘biotic composition, structure, and outlines special provisions for Alaska specifically moose, caribou, and deer.
functioning at genetic, organism, and wilderness (610 FW 5). Known as the Intensive Management
community levels comparable with The overarching goal of our wildlife- (IM) statute, the law requires the Alaska
historic conditions, including the dependent recreation policy is to Board of Game (BOG) to designate
natural biological processes that shape enhance opportunities and access to populations of ungulates for which
genomes, organisms, and communities.’’ quality visitor experiences on refuges human consumptive use is the highest
In that policy, biological diversity is and to manage the refuge to conserve priority use and to set population and
defined as ‘‘the variety of life and its fish, wildlife, plants, and their habitats harvest objectives for those populations.
processes, including the variety of living (605 FW 1.6). We recognize hunting as To that end, the BOG must ‘‘adopt
organisms, the genetic differences one of many priority uses of the Refuge regulations to provide for intensive
among them, and communities and System (when and where compatible management programs to restore the
ecosystems in which they occur.’’ The with refuge purposes) that is a healthy, abundance or productivity of identified
policy defines environmental health as traditional outdoor pastime, deeply big game prey populations as necessary
the ‘‘composition, structure, and rooted in the American heritage (605 to achieve human consumptive use
functioning of soil, water, air, and other FW 2). As stated in part 36 of title 50 goals’’ (AS 16.05.255(e)). Once
abiotic features comparable with of the Code of Federal Regulations (50 designated as an IM population, if either
historic conditions, including the CFR 36), the taking of fish and wildlife populations or harvests fail to meet
natural abiotic processes that shape the through public recreational activities, management objectives, nonresident
srobinson on DSK5SPTVN1PROD with PROPOSALS
environment.’’ Abiotic features are including sport hunting, is authorized hunting must first be eliminated,
nonliving chemical and physical on refuges in Alaska ‘‘as long as such followed by reductions or eliminations
features of the environment (e.g., soil, activities are conducted in manner of resident harvest opportunities.
air, water, temperature, etc.). The policy compatible with the purposes for which However, under the IM statute, the BOG
also defines ‘‘historic conditions’’ as the the areas were established’’ (50 CFR may not significantly reduce the harvest
‘‘composition, structure, and 36.31(a)). opportunities of an identified IM
functioning of ecosystems resulting Sport hunting and trapping on refuges ungulate population unless it has
from natural processes that we believe, is generally regulated by the States, adopted or is considering the adoption
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![892 Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules
Current Proposed update
Emergency closures or restrictions (50 CFR 36.42(c))
Emergency closure may not exceed 30 days .......................................... Increase the period from 30 to 60 days, with extensions beyond 60
days being subject to nonemergency closure procedures (i.e., tem-
porary or permanent).
Closure effective upon notice as prescribed in 50 CFR 36.42(f) (see Closure effective upon notice as prescribed in 50 CFR 36.42(f) (see
below for details). Closures related to the taking of fish and wildlife below for details).
will be accompanied by notice with a subsequent hearing.
Temporary closures or restrictions (50 CFR 36.42(d))
May extend only for as long as necessary to achieve the purpose of Temporary closures or restrictions related to the taking of fish and wild-
the closure or restriction, not to exceed or be extended beyond 12 life may still only extend for so long as necessary to achieve the pur-
months. pose of the closure or restriction. These closures or restrictions will
be periodically re-evaluated at least every 3 years to determine
whether the circumstances necessitating the original closure still
exist and warrant continuation of the restriction. A formal finding will
be made in writing that explains the reasoning for the decision.
When a closure is no longer needed, action to remove it will be initi-
ated as soon as practicable. The USFWS will maintain a list of all
refuge closures and publish this list annually for public review.
Closure effective upon notice as prescribed in 50 CFR 36.42(f) (see Closure subject to notice procedures as prescribed in 50 CFR 36.42(f)
below for details). Closures related to the taking of fish and wildlife (see below for details). Closures related to the taking of fish and
effective upon notice and hearing in the vicinity of the area(s) af- wildlife would require consultation with the State and affected Tribes
fected by such closures or restriction, and other locations as appro- and Native Corporations, as well as the opportunity for public com-
priate. ment and a public hearing in the vicinity of the area(s) affected.
Permanent closures or restrictions (50 CFR 36.42(e))
No time limit .............................................................................................. No time limit.
Closure effective after notice and public hearings in the affected vicinity Closures related to the taking of fish and wildlife would require con-
and other locations as appropriate, and after publication in the Fed- sultation with the State and affected Tribes and Native Corporations,
eral Register. as well as the opportunity for public comment and a public hearing in
the vicinity of the area(s) affected. Closures would continue to be
published in the Federal Register.
Notice (50 CFR 36.42(f))
Notice is to be provided through newspapers, signs, and radio .............. Add the use of the Internet, broadcast media, or other available meth-
ods, in addition to continuing to use the more traditional methods of
newspapers, signs, and radio.
(6) We propose to codify definitions environmental health [BIDEH] of the Management and Budget will review all
for several terms (see the Proposed System are maintained for the benefit of significant rules. OIRA has determined
Regulation Promulgation section, present and future generations of that this rule is not significant.
below). These terms include ‘‘Bait,’’ Americans . . .’’ (16 U.S.C. Executive Order 13563 reaffirms the
‘‘Big game,’’ ‘‘Biological diversity,’’ 668dd(a)(4)(B)). The USFWS BIDEH principles of Executive Order 12866
‘‘Biological integrity,’’ ‘‘Cub bear,’’ policy (601 FW 3), which provides
while calling for improvements in the
‘‘Environmental health,’’ ‘‘Furbearer,’’ guidance for implementation of the
nation’s regulatory system to promote
‘‘Historic conditions,’’ ‘‘Natural Improvement Act, provides definitions
for each of these terms, as well as the predictability, to reduce uncertainty,
diversity,’’ ‘‘Predator control,’’
‘‘Regional Director,’’ ‘‘Sport hunting,’’ term ‘‘historic conditions,’’ and those and to use the best, most innovative,
and ‘‘Trapping.’’ Most of these definitions are included word-for-word and least burdensome tools for
definitions, including bait, big game, in this proposed rule. As was also achieving regulatory ends. The
cub bear, furbearer, and predator discussed earlier in the preamble, under executive order directs agencies to
control, are based on existing ANILCA, each refuge in Alaska has an consider regulatory approaches that
definitions in Federal subsistence establishment purpose to ‘‘conserve fish reduce burdens and maintain flexibility
regulations or policy. and wildlife populations and habitats in and freedom of choice for the public
their natural diversity.’’ Our proposed where these approaches are relevant,
During our scoping and tribal
consultation efforts, we heard that the definition for natural diversity is based feasible, and consistent with regulatory
definitions for biological integrity, on the discussion of the term in the objectives. Executive Order 13563
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biological diversity, natural diversity, legislative history of ANILCA. emphasizes further that regulations
and environmental health and the must be based on the best available
Required Determinations
origins of these definitions were of science and that the rulemaking process
significant interest to people. As Regulatory Planning and Review must allow for public participation and
discussed earlier in the preamble, the (Executive Orders 12866 and 13563) an open exchange of ideas. We have
USFWS is mandated under the Executive Order 12866 provides that developed this rule in a manner
Improvement Act to ‘‘ensure that the the Office of Information and Regulatory consistent with these requirements.
biological integrity, diversity, and Affairs (OIRA) in the Office of
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![Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules 895
Accordingly, we propose to amend deer, elk, mountain goat, moose, Wildlife Service, or an authorized
title 50, chapter I, subchapter C, of the muskox, Dall sheep, wolf, and representative.
Code of Federal Regulations as follows: wolverine. * * * * *
Biological diversity means the variety Sport hunting means the taking of or
PART 32—HUNTING AND FISHING of life and its processes, including the attempting to take wildlife under State
variety of living organisms, the genetic hunting or trapping regulations. In
■ 1. The authority citation for part 32
differences among them, and Alaska, this is commonly referred to as
continues to read as follows:
communities and ecosystems in which general hunting and trapping and
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, they occur. includes State subsistence hunts and
664, 668dd–668ee, and 715i. Biological integrity means the biotic general permits open to both Alaska
§ 32.2 [Amended] compositions, structure, and residents and nonresidents.
functioning at genetic, organism, and * * * * *
■ 2. Amend § 32.2(h) by removing the
community level comparable with Trapping means taking furbearers
words, ‘‘(Baiting is authorized in
historic conditions, including the under a trapping license.
accordance with State regulations on
natural biological processes that shape * * * * *
national wildlife refuges in Alaska).’’
genomes, organisms, and communities.
and adding in their place the words,
‘‘(Black bear baiting is authorized in Cub bear means a brown (grizzly) bear Subpart B—Subsistence Uses
accordance with State regulations on in its first or second year of life, or a
black bear (including the cinnamon and § 36.11 [Amended]
national wildlife refuges in Alaska.)’’. ■ 6. Amend § 36.11 by removing
blue phases) in its first year of life.
PART 36—ALASKA NATIONAL * * * * * paragraph (d) and by redesignating
WILDLIFE REFUGES Environmental health means the paragraph (e) as paragraph (d).
■ 7. Revise § 36.13 to read as follows:
composition, structure, and functioning
■ 3. The authority citation for part 36 of soil, water, air, and other abiotic § 36.13 Subsistence fishing.
continues to read as follows: features comparable with historic Fish may be taken by Federally
Authority: 16 U.S.C. 460(k) et seq., 668dd– conditions, including the natural abiotic qualified subsistence users, as defined
668ee, 3101 et seq. processes that shape the environment. at 50 CFR part 100.5, for subsistence
Subpart A—Introduction and General * * * * * uses on Alaska National Wildlife
Provisions Furbearer means a beaver, coyote, Refuges where subsistence uses are
arctic fox, red fox, lynx, marten, mink, allowed in compliance with this subpart
■ 4. Amend § 36.1 by: least weasel, short-tailed weasel, and 50 CFR part 100.
■ a. Redesignating paragraphs (a), (b), muskrat, river (land) otter, flying ■ 8. Revise § 36.14 to read as follows:
and (c) as paragraphs (b), (c), and (d), squirrel, ground squirrel, red squirrel,
respectively; and § 36.14 Subsistence hunting and trapping.
Alaskan marmot, hoary marmot,
■ b. Adding a new paragraph (a) to read woodchuck, wolf, or wolverine. Federally qualified subsistence users,
as follows: Historic conditions means the as defined at 50 CFR part 100.5, may
composition, structure, and functioning hunt and trap wildlife for subsistence
§ 36.1 How do the regulations in this part uses on Alaska National Wildlife
apply to me and what do they cover? of ecosystems resulting from natural
processes that we believe, based on Refuges where subsistence uses are
(a) National Wildlife Refuges in sound professional judgment, were allowed in compliance with this subpart
Alaska are maintained to conserve present prior to substantial human and 50 CFR part 100.
species and habitats in their natural related changes to the landscape.
diversity and to ensure biological Subpart D—Non-subsistence Uses
Natural diversity means the existence
integrity, diversity, and environmental ■ 9. Revise the heading of subpart D to
of all fish, wildlife, and plant
health for the continuing benefit of read as set forth above.
populations within a particular wildlife
present and future generations. ■ 10. Amend § 36.32 to read as follows:
refuge system unit in the natural mix
* * * * * and in a healthy condition for the long
■ 5. Amend § 36.2 by adding, in § 36.32 Taking of fish and wildlife.
term benefit of current and future
alphabetical order, definitions for generations. Managing for natural (a) The taking of fish and wildlife for
‘‘Bait,’’ ‘‘Big game,’’ ‘‘Biological diversity includes avoiding emphasis of sport hunting and trapping and for sport
diversity,’’ ‘‘Biological integrity,’’ ‘‘Cub management activities favoring some fishing is authorized in accordance with
bear,’’ ‘‘Environmental health,’’ species to the detriment of others; applicable State and Federal law, and
‘‘Furbearer,’’ ‘‘Historic conditions,’’ assuring that habitat diversity is such laws are hereby adopted and made
‘‘Natural diversity,’’ ‘‘Predator control,’’ maintained through natural means, a part of these regulations, except as
‘‘Regional Director,’’ ‘‘Sport hunting,’’ avoiding artificial developments and noted below and provided however, that
and ‘‘Trapping,’’ to read as follows: habitat manipulation programs the Refuge Manager, pursuant to § 36.42,
whenever possible; and taking into may designate areas where, and
§ 36.2 What do these terms mean? establish periods when, no taking of a
consideration the fact that humans are
* * * * * particular population of fish or wildlife
dependent on wildlife refuge
Bait means any material excluding a will be allowed.
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subsistence resources.
scent lure that is placed to attract an (b) Predator control is prohibited on
animal by its sense of smell or taste; * * * * * National Wildlife Refuges in Alaska,
however, those parts of legally taken Predator control is the intention to unless it is determined necessary to
animals that are not required to be reduce the population of predators for meet refuge purposes, Federal laws, or
salvaged and which are left at the kill the benefit of prey species. policy; is consistent with our mandates
site are not considered bait. * * * * * to manage for natural and biological
Big game means black bear, brown Regional Director means the Alaska diversity, biological integrity, and
bear, bison, caribou, Sitka black-tailed Regional Director of the U.S. Fish and environmental health; and is based on
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![Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules 897
of the closure or restriction, not to abide by restrictions established under • Mail: Submit written comments to
exceed 12 months. this section is prohibited. Glenn Merrill, Assistant Regional
(5) Temporary closures or restrictions Administrator, Sustainable Fisheries
Karen Hyun,
related to the taking of fish and wildlife Division, Alaska Region NMFS, Attn:
will extend only for as long as necessary Deputy Assistant Secretary for Fish and
Ellen Sebastian. Mail comments to P.O.
Wildlife and Parks.
to achieve the purpose of the closure or Box 21668, Juneau, AK 99802–1668.
restriction. These temporary closures [FR Doc. 2016–00022 Filed 1–7–16; 8:45 am]
Instructions: Comments sent by any
and restrictions will be periodically re- BILLING CODE 4333–15–P other method, to any other address or
evaluated as necessary, at least every 3 individual, or received after the end of
years, to determine whether the the comment period, may not be
circumstances necessitating the original DEPARTMENT OF COMMERCE considered by NMFS. All comments
closure or restriction still exist and National Oceanic and Atmospheric received are a part of the public record
warrant continuation. A formal finding Administration and will generally be posted for public
will be made in writing that explains viewing on www.regulations.gov
the reasoning for the decision. When a 50 CFR Part 679 without change. All personal identifying
closure is no longer needed, action to information (e.g., name, address),
remove it will be initiated as soon as RIN 0648–BF25 confidential business information, or
practicable. otherwise sensitive information
(6) The U.S. Fish and Wildlife Service Fisheries of the Exclusive Economic submitted voluntarily by the sender will
will maintain a list of all refuge closures Zone Off Alaska; Bycatch Management be publicly accessible. NMFS will
and restrictions and will publish this in the Bering Sea Pollock Fishery accept anonymous comments (enter
list annually for public review. AGENCY: National Marine Fisheries ‘‘N/A’’ in the required fields if you wish
(e) Permanent closures or restrictions. Service (NMFS), National Oceanic and to remain anonymous).
Permanent closures or restrictions Atmospheric Administration (NOAA), Electronic copies of Amendment 110
relating to the use of aircraft, Commerce. and the Environmental Assessment/
snowmachines, motorboats, or ACTION: Notice of availability of fishery Regulatory Impact Review/Initial
nonmotorized surface transportation, or management plan amendments; request Regulatory Flexibility Analysis prepared
taking of fish and wildlife, will be for comments. for this action (collectively the
effective only after allowing for the ‘‘Analysis’’) may be obtained from
opportunity for public comment and a SUMMARY: The North Pacific Fishery www.regulations.gov.
public hearing in the vicinity of the Management Council (Council) FOR FURTHER INFORMATION CONTACT:
area(s) affected and publication in the submitted Amendment 110 to the Gretchen Harrington, 907–586–7228.
Federal Register. Permanent closures or Fishery Management Plan for
restrictions related to the taking of fish Groundfish of the Bering Sea and SUPPLEMENTARY INFORMATION: The
and wildlife would require consultation Aleutian Islands Management Area Magnuson-Stevens Fishery
with the State and affected Tribes and (FMP). If approved, Amendment 110 Conservation and Management Act
Native Corporations. would improve the management of (Magnuson-Stevens Act) requires that
(f) Notice. Emergency, temporary, or Chinook and chum salmon bycatch in each regional fishery management
permanent closures or restrictions will the Bering Sea pollock fishery by council submit any fishery management
be published on the U.S. Fish and creating a comprehensive salmon plan amendment it prepares to NMFS
Wildlife Service’s Web site at http:// bycatch avoidance program. This for review and approval, disapproval, or
www.fws.gov/alaska/nwr/ proposed action is necessary to partial approval by the Secretary of
ak_sp_hunt_regs.htm. Additional means minimize Chinook and chum salmon Commerce. The Magnuson-Stevens Act
of notice reasonably likely to inform bycatch in the Bering Sea pollock also requires that NMFS, upon receiving
residents in the affected vicinity will fishery to the extent practicable while a fishery management plan amendment,
also be provided where available, such maintaining the potential for the full immediately publish a notice in the
as: harvest of the pollock total allowable Federal Register announcing that the
(1) Publication in a newspaper of catch within specified prohibited amendment is available for public
general circulation in the State and in species catch limits. Amendment 110 is review and comment. This notice
local newspapers; intended to promote the goals and announces that proposed Amendment
(2) Use of electronic media, such as objectives of the Magnuson-Stevens 110 to the FMP is available for public
the Internet and email lists; Fishery Conservation and Management review and comment.
(3) Broadcast media (radio, television, NMFS manages the pollock fishery in
Act, the FMP, and other applicable
etc.); or the exclusive economic zone of the
laws.
(4) Posting of signs in the local Bering Sea and Aleutian Islands (BSAI)
vicinity or at the Refuge Manager’s DATES: Comments must be received no under the FMP. The Council prepared
office. later than March 8, 2016. this FMP under the authority of the
(g) Openings. In determining whether ADDRESSES: You may submit comments Magnuson-Stevens Act, 16 U.S.C. 1801
to open an area to public use or activity on this document, identified by NOAA– et seq. Regulations implementing the
otherwise prohibited, the Refuge NMFS–2015–0081, by any of the FMP appear at 50 CFR part 679. General
Manager will provide notice in the following methods: regulations governing U.S. fisheries also
srobinson on DSK5SPTVN1PROD with PROPOSALS
Federal Register and will, upon request, • Electronic Submission: Submit all appear at 50 CFR part 600.
hold a public meeting in the affected electronic public comments via the
vicinity and other location, as Federal e Rulemaking Portal. Go to The Bering Sea Pollock Fishery
appropriate, prior to making a final www.regulations.gov/ Amendment 110 would apply to
determination. #!docketDetail;D=NOAA-NMFS-2015- owners and operators of catcher vessels,
(h) Except as otherwise specifically 0081, click the ‘‘Comment Now!’’ icon, catcher/processors, motherships,
allowed under the provisions of this complete the required fields, and enter inshore processors, and the six Western
part, entry into closed areas or failure to or attach your comments. Alaska Community Development Quota
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Document Created: 2016-01-16 01:15:18
Document Modified: 2016-01-16 01:15:18
| 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 | We must receive your comments on or before March 8, 2016. | |
| Contact | Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 211, Anchorage, AK 99503; telephone (907) 306-7448. | |
| FR Citation | 81 FR 887 | |
| RIN Number | 1018-BA31 | |
| CFR Citation | 50
CFR
32 50 CFR 36 | |
| CFR Associated | Fishing; Hunting; Reporting and Recordkeeping Requirements; Wildlife; Wildlife Refuges; Alaska and Recreation and Recreation Areas |
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