82_FR_22715 82 FR 22621 - Subsistence Management Regulations for Public Lands in Alaska-2018-19 and 2019-20 Subsistence Taking of Wildlife Regulations

82 FR 22621 - Subsistence Management Regulations for Public Lands in Alaska-2018-19 and 2019-20 Subsistence Taking of Wildlife Regulations

DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range22621-22625
FR Document2017-09967

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, and methods and means related to taking of wildlife for subsistence uses during the 2018-19 and 2019-20 regulatory years. The Federal Subsistence Board is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This rule would also amend the general regulations on subsistence taking of fish and wildlife.

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Proposed Rules]
[Pages 22621-22625]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09967]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2016-0049; FXFR13350700640-167-FF07J00000; 
FBMS#4500096691]
RIN 1018-BB38


Subsistence Management Regulations for Public Lands in Alaska--
2018-19 and 2019-20 Subsistence Taking of Wildlife Regulations

AGENCY: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would establish regulations for hunting and 
trapping seasons, harvest limits, and methods and means related to 
taking of wildlife for subsistence uses during the 2018-19 and 2019-20 
regulatory years. The Federal Subsistence Board is on a schedule of 
completing the process of revising subsistence taking of wildlife 
regulations in even-numbered years and subsistence taking of fish and 
shellfish regulations in odd-numbered years; public proposal and review 
processes take place during the preceding year. The Board also 
addresses customary and traditional use determinations during the 
applicable cycle. When final, the resulting rulemaking will replace the 
existing subsistence wildlife taking regulations. This rule would also 
amend the general regulations on subsistence taking of fish and 
wildlife.

DATES: Public comments: Comments and proposals to change this proposed 
rule must be received or postmarked June 16, 2017.
    Public meetings: The Federal Subsistence Regional Advisory Councils 
held public meetings to receive comments and make proposals to change 
this proposed rule on several dates between February 8 and March 15, 
2017, and then will hold another round of public meetings to discuss 
and receive comments on the proposals, and make recommendations on the 
proposals to the Federal Subsistence Board, on several dates between 
August 24 and November 9, 2017. The Board will discuss and evaluate 
proposed regulatory changes during a public meeting in Anchorage, AK, 
in April 2018. See SUPPLEMENTARY INFORMATION for specific information 
on dates and locations of the public meetings.

ADDRESSES: Public meetings: The Federal Subsistence Board and the 
Federal Subsistence Regional Advisory Councils' public meetings will be 
held at various locations in Alaska. See SUPPLEMENTARY INFORMATION for 
specific information on dates and locations of the public meetings.
    Public comments: You may submit comments by one of the following 
methods:
     Electronically: Go to the Federal eRulemaking Portal: 
http://www.regulations.gov and search for FWS-R7-SM-2016-0049, which is 
the docket number for this rulemaking.
     By hard copy: U.S. mail or hand-delivery to: USFWS, Office 
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo 
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the 
Designated Federal Official attending any of the Federal Subsistence 
Regional Advisory Council public meetings. See SUPPLEMENTARY 
INFORMATION for additional information on locations of the public 
meetings.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Review Process section below for more information).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., 
Office of Subsistence Management; (907) 786-

[[Page 22622]]

3888 or [email protected]. For questions specific to National Forest 
System lands, contact Thomas Whitford, Regional Subsistence Program 
Leader, USDA, Forest Service, Alaska Region; (907) 743-9461 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and 
the Secretary of Agriculture (Secretaries) jointly implement the 
Federal Subsistence Management Program. This program provides a rural 
preference for take of fish and wildlife resources for subsistence uses 
on Federal public lands and waters in Alaska. The Secretaries published 
temporary regulations to carry out this program in the Federal Register 
on June 29, 1990 (55 FR 27114), and final regulations were published in 
the Federal Register on May 29, 1992 (57 FR 22940). The Program has 
subsequently amended these regulations a number of times. Because this 
program is a joint effort between Interior and Agriculture, these 
regulations are located in two titles of the Code of Federal 
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' 
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 
100.1-28, respectively. The regulations contain subparts as follows: 
Subpart A, General Provisions; Subpart B, Program Structure; Subpart C, 
Board Determinations; and Subpart D, Subsistence Taking of Fish and 
Wildlife.
    Consistent with subpart B of these regulations, the Secretaries 
established a Federal Subsistence Board to administer the Federal 
Subsistence Management Program. The Board comprises:
     A Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
     The Alaska Regional Director, U.S. Fish and Wildlife 
Service;
     The Alaska Regional Director, National Park Service;
     The Alaska State Director, Bureau of Land Management;
     The Alaska Regional Director, Bureau of Indian Affairs;
     The Alaska Regional Forester, USDA Forest Service; and
     Two public members appointed by the Secretary of the 
Interior with concurrence of the Secretary of Agriculture.
    Through the Board, these agencies and public members participate in 
the development of regulations for subparts C and D, which, among other 
things, set forth program eligibility and specific harvest seasons and 
limits.
    In administering the program, the Secretaries divided Alaska into 
10 subsistence resource regions, each of which is represented by a 
Regional Advisory Council. The Regional Advisory Councils provide a 
forum for rural residents with personal knowledge of local conditions 
and resource requirements to have a meaningful role in the subsistence 
management of fish and wildlife on Federal public lands in Alaska. The 
Regional Advisory Council members represent varied geographical, 
cultural, and user interests within each region.

Public Review Process--Comments, Proposals, and Public Meetings

    The Federal Subsistence Regional Advisory Councils have a 
substantial role in reviewing this proposed rule and making 
recommendations for the final rule. The Federal Subsistence Board, 
through the Federal Subsistence Regional Advisory Councils, has held 
public meetings on this proposed rule at the following locations in 
Alaska, on the following dates:

Region 1--Southeast Regional       Saxman................................  March 14, 2017
 Council.
Region 2--Southcentral Regional    Anchorage.............................  February 13, 2017
 Council.
Region 3--Kodiak/Aleutians         Old Harbor............................  February 22, 2017
 Regional Council.
Region 4--Bristol Bay Regional     Naknek................................  February 28, 2017
 Council.
Region 5--Yukon-Kuskokwim Delta    Bethel................................  February 15, 2017
 Regional Council.
Region 6--Western Interior         Fairbanks.............................  February 21, 2017
 Regional Council.
Region 7--Seward Peninsula         Nome..................................  March 6, 2017
 Regional Council.
Region 8--Northwest Arctic         Kotzebue..............................  March 1, 2017
 Regional Council.
Region 9--Eastern Interior         Fairbanks.............................  February 7, 2017
 Regional Council.
Region 10--North Slope Regional    Barrow................................  February 8, 2017
 Council.
 

    During June 2017, the written proposals to change the subpart D, 
take of wildlife regulations, and subpart C, customary and traditional 
use determinations, will be compiled and distributed for public review. 
During a subsequent public comment period, written public comments will 
be accepted on the distributed proposals.
    The Board, through the Regional Advisory Councils, will hold a 
second series of public meetings in August through November 2017, to 
receive comments on specific proposals and to develop recommendations 
to the Board at the following locations in Alaska, on the following 
dates:

Region 1--Southeast Regional       Juneau................................  October 31, 2017
 Council.
Region 2--Southcentral Regional    Seldovia..............................  November 6, 2017
 Council.
Region 3--Kodiak/Aleutians         Cold Bay..............................  September 26, 2017
 Regional Council.
Region 4--Bristol Bay Regional     Dillingham............................  November 1, 2017
 Council.
Region 5--Yukon-Kuskokwim Delta    Bethel................................  October 12, 2017
 Regional Council.
Region 6--Western Interior         Galena................................  October 10, 2017
 Regional Council.
Region 7--Seward Peninsula         Nome..................................  October 24, 2017
 Regional Council.
Region 8--Northwest Arctic         Shungnak..............................  October 25, 2017
 Regional Council.
Region 9--Eastern Interior         Tanana................................  November 8, 2017
 Regional Council.
Region 10--North Slope Regional    Wainwright............................  August 24, 2017
 Council.
 

    A notice will be published of specific dates, times, and meeting 
locations in local and statewide newspapers prior to both series of 
meetings. Locations and dates may change based on weather or local 
circumstances. The amount of work on each Regional Advisory Council's 
agenda determines the length of each Regional Advisory Council meeting.
    The Board will discuss and evaluate proposed changes to the 
subsistence management regulations during a public meeting scheduled to 
be held in Anchorage, Alaska, in April 2018. The Federal Subsistence 
Regional Advisory Council Chairs, or their designated representatives, 
will present their

[[Page 22623]]

respective Councils' recommendations at the Board meeting. Additional 
oral testimony may be provided on specific proposals before the Board 
at that time. At that public meeting, the Board will deliberate and 
take final action on proposals received that request changes to this 
proposed rule.
    Proposals to the Board to modify the general fish and wildlife 
regulations, wildlife harvest regulations, and customary and 
traditional use determinations must include the following information:
    a. Name, address, and telephone number of the requestor;
    b. Each section and/or paragraph designation in this proposed rule 
for which changes are suggested, if applicable;
    c. A description of the regulatory change(s) desired;
    d. A statement explaining why each change is necessary;
    e. Proposed wording changes; and
    f. Any additional information that you believe will help the Board 
in evaluating the proposed change.
    The Board immediately rejects proposals that fail to include the 
above information, or proposals that are beyond the scope of 
authorities in Sec.  ___.24, subpart C (the regulations governing 
customary and traditional use determinations), and Sec. Sec.  ___.25 
and ___.26, subpart D (the general and specific regulations governing 
the subsistence take of wildlife). If a proposal needs clarification, 
prior to being distributed for public review, the proponent may be 
contacted, and the proposal could be revised based on their input. Once 
distributed for public review, no additional changes may be made as 
part of the original submission. During the April 2018 meeting, the 
Board may defer review and action on some proposals to allow time for 
cooperative planning efforts, or to acquire additional needed 
information. The Board may elect to defer taking action on any given 
proposal if the workload of staff, Regional Advisory Councils, or the 
Board becomes excessive. These deferrals may be based on 
recommendations by the affected Regional Advisory Council(s) or staff 
members, or on the basis of the Board's intention to do least harm to 
the subsistence user and the resource involved. A proponent of a 
proposal may withdraw the proposal provided it has not been considered, 
and a recommendation has not been made, by a Regional Advisory Council. 
The Board may consider and act on alternatives that address the intent 
of a proposal while differing in approach.
    You may submit written comments and materials concerning this 
proposed rule by one of the methods listed in ADDRESSES. If you submit 
a comment via http://www.regulations.gov, your entire comment, 
including any personal identifying information, will be posted on the 
Web site. If you submit a hardcopy comment that includes personal 
identifying information, you may request at the top of your document 
that we withhold this information from public review. However, we 
cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays, at: USFWS, Office of Subsistence Management, 1011 
East Tudor Road, Anchorage, AK 99503.

Reasonable Accommodations

    The Federal Subsistence Board is committed to providing access to 
these meetings for all participants. Please direct all requests for 
sign language interpreting services, closed captioning, or other 
accommodation needs to the Office of Subsistence Management, 907-786-
3888, [email protected], or 800-877-8339 (TTY), seven business days 
prior to the meeting you would like to attend.

Tribal Consultation and Comment

    As expressed in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' the Federal officials 
that have been delegated authority by the Secretaries are committed to 
honoring the unique government-to-government political relationship 
that exists between the Federal Government and Federally Recognized 
Indian Tribes (Tribes) as listed in 79 FR 4748 (January 29, 2014). 
Consultation with Alaska Native corporations is based on Public Law 
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by 
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 
3267, which provides that: ``The Director of the Office of Management 
and Budget and all Federal agencies shall hereafter consult with Alaska 
Native corporations on the same basis as Indian tribes under Executive 
Order No. 13175.''
    The Alaska National Interest Lands Conservation Act does not 
provide specific rights to Tribes for the subsistence taking of 
wildlife, fish, and shellfish. However, because tribal members are 
affected by subsistence fishing, hunting, and trapping regulations, the 
Secretaries, through the Board, will provide Federally recognized 
Tribes and Alaska Native corporations an opportunity to consult on this 
rule.
    The Board will engage in outreach efforts for this proposed rule, 
including a notification letter, to ensure that Tribes and Alaska 
Native corporations are advised of the mechanisms by which they can 
participate. The Board provides a variety of opportunities for 
consultation: Proposing changes to the existing rule; commenting on 
proposed changes to the existing rule; engaging in dialogue at the 
Regional Council meetings; engaging in dialogue at the Board's 
meetings; and providing input in person, by mail, email, or phone at 
any time during the rulemaking process. The Board commits to 
efficiently and adequately providing an opportunity to Tribes and 
Alaska Native corporations for consultation in regard to subsistence 
rulemaking.
    The Board will consider Tribes' and Alaska Native corporations' 
information, input, and recommendations, and address their concerns as 
much as practicable.

Developing the 2018-19 and 2019-20 Wildlife Seasons and Harvest Limit 
Regulations

    Subpart C and D regulations are subject to periodic review and 
revision. The Federal Subsistence Board currently completes the process 
of revising subsistence take of wildlife regulations in even-numbered 
years and fish and shellfish regulations in odd-numbered years; public 
proposal and review processes take place during the preceding year. The 
Board also addresses customary and traditional use determinations 
during the applicable cycle.
    The current subsistence program regulations form the starting point 
for consideration during each new rulemaking cycle. The regulations at 
Sec.  ___.24 pertain to customary and traditional use determinations; 
the regulations at Sec.  ___.25 pertain to general provisions governing 
the subsistence take of wildlife, fish, and shellfish; and the 
regulations at Sec.  ___.26 pertain to specific provisions governing 
the subsistence take of wildlife.
    The text of two final rules form the text of this proposed rule for 
the 2018-20 subparts C and D regulations:
    The text of the proposed amendments to 36 CFR 242.24 and 242.26 and 
50 CFR 100.24 and 100.26 is the final rule for the 2016-2018 
regulations for

[[Page 22624]]

subsistence take of wildlife (81 FR 52528; August 8, 2016).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 is the final rule for the 2015-17 regulations for the 
subsistence take of fish (80 FR 28187; May 18, 2015). (Because the most 
recent final rule pertaining to wildlife noted above (i.e., 81 FR 
52528; August 8, 2016) did not include any revisions to the general 
regulations pertaining to the subsistence take of wildlife, fish, and 
shellfish at Sec.  ___.25, the 2015 final rule pertaining to the 
subsistence take of fish includes the most recent revisions to 36 CFR 
242.25 and 50 CFR 100.25).
    These regulations will remain in effect until subsequent Board 
action changes elements as a result of the public review process 
outlined above in this document.

Compliance With Statutory and Regulatory Authorities

National Environmental Policy Act

    A Draft Environmental Impact Statement that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992. The Record of Decision (ROD) on Subsistence Management for 
Federal Public Lands in Alaska was signed April 6, 1992. The selected 
alternative in the FEIS (Alternative IV) defined the administrative 
framework of an annual regulatory cycle for subsistence regulations.
    A 1997 environmental assessment dealt with the expansion of Federal 
jurisdiction over fisheries and is available at the office listed under 
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with 
concurrence of the Secretary of Agriculture, determined that expansion 
of Federal jurisdiction does not constitute a major Federal action 
significantly affecting the human environment and, therefore, signed a 
Finding of No Significant Impact.

Section 810 of ANILCA

    An ANILCA Sec.  810 analysis was completed as part of the FEIS 
process on the Federal Subsistence Management Program. The intent of 
all Federal subsistence regulations is to accord subsistence uses of 
fish and wildlife on public lands a priority over the taking of fish 
and wildlife on such lands for other purposes, unless restriction is 
necessary to conserve healthy fish and wildlife populations. The final 
Sec.  810 analysis determination appeared in the April 6, 1992, ROD and 
concluded that the Federal Subsistence Management Program, under 
Alternative IV with an annual process for setting subsistence 
regulations, may have some local impacts on subsistence uses, but will 
not likely restrict subsistence uses significantly.
    During the subsequent environmental assessment process for 
extending fisheries jurisdiction, an evaluation of the effects of this 
rule was conducted in accordance with Sec.  810. That evaluation also 
supported the Secretaries' determination that the rule will not reach 
the ``may significantly restrict'' threshold that would require notice 
and hearings under ANILCA Sec.  810(a).

Paperwork Reduction Act (PRA)

    This proposed rule does not contain any new collections of 
information that require OMB approval under the PRA (44 U.S.C. 3501 et 
seq.) OMB has reviewed and approved the collections of information 
associated with the subsistence regulations at 36 CFR 242 and 50 CFR 
100, and assigned OMB Control Number 1018-0075, with an expiration date 
of June 30, 2019. We may not conduct or sponsor and you are not 
required to respond to a collection of information unless it displays a 
currently valid Office of Management and Budget (OMB) control number.

Regulatory Planning and Review (Executive Order 12866)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this proposed 
rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
In general, the resources to be harvested under this proposed rule are 
already being harvested and consumed by the local harvester and do not 
result in an additional dollar benefit to the economy. However, we 
estimate that two million pounds of meat are harvested by subsistence 
users annually and, if given an estimated dollar value of $3.00 per 
pound, this amount would equate to about $6 million in food value 
statewide. Based upon the amounts and values cited above, the 
Departments certify that this rulemaking will not have a significant 
economic effect on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this proposed rule is not a major rule. It will 
not have an effect on the economy of $100 million or more, will not 
cause a major increase in costs or prices for consumers, and will not 
have significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises.

Executive Order 12630

    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence priority on public lands. The scope of this program is 
limited by definition to certain public lands. Likewise, these proposed 
regulations have no potential takings of private property implications 
as defined by Executive Order 12630.

Unfunded Mandates Reform Act

    The Secretaries have determined and certify pursuant to the 
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this 
rulemaking will not impose a cost of $100 million or more in any given 
year on local or State governments or private entities. The 
implementation of this rule is by Federal agencies and there is no cost 
imposed on any State or local entities or tribal governments.

Executive Order 12988

    The Secretaries have determined that these regulations meet the 
applicable

[[Page 22625]]

standards provided in Sec. Sec.  3(a) and 3(b)(2) of Executive Order 
12988, regarding civil justice reform.

Executive Order 13132

    In accordance with Executive Order 13132, the proposed rule does 
not have sufficient Federalism implications to warrant the preparation 
of a Federalism Assessment. Title VIII of ANILCA precludes the State 
from exercising subsistence management authority over fish and wildlife 
resources on Federal lands unless it meets certain requirements.

Executive Order 13175

    The Alaska National Interest Lands Conservation Act, Title VIII, 
does not provide specific rights to tribes for the subsistence taking 
of wildlife, fish, and shellfish. However, the Secretaries, through the 
Board, will provide Federally recognized Tribes and Alaska Native 
corporations an opportunity to consult on this proposed rule. 
Consultation with Alaska Native corporations are based on Public Law 
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by 
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 
3267, which provides that: ``The Director of the Office of Management 
and Budget and all Federal agencies shall hereafter consult with Alaska 
Native corporations on the same basis as Indian tribes under Executive 
Order No. 13175.''
    The Secretaries, through the Board, will provide a variety of 
opportunities for consultation: Commenting on proposed changes to the 
existing rule; engaging in dialogue at the Regional Council meetings; 
engaging in dialogue at the Board's meetings; and providing input in 
person, by mail, email, or phone at any time during the rulemaking 
process.

Executive Order 13211

    This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. However, this proposed 
rule is not a significant regulatory action under E.O. 13211, affecting 
energy supply, distribution, or use, and no Statement of Energy Effects 
is required.

Drafting Information

    Theo Matuskowitz drafted these regulations under the guidance of 
Eugene R. Peltola, Jr. of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Additional assistance was provided by:
     Daniel Sharp, Alaska State Office, Bureau of Land 
Management;
     Mary McBurney, Alaska Regional Office, National Park 
Service;
     Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
     Trevor T. Fox, Alaska Regional Office, U.S. Fish and 
Wildlife Service; and
     Thomas Whitford, Alaska Regional Office, U.S. Forest 
Service.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

Proposed Regulation Promulgation

    For the reasons set out in the preamble, the Federal Subsistence 
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the 
2018-19 and 2019-20 regulatory years.
    The text of the proposed amendments to 36 CFR 242.24 and 242.26 and 
50 CFR 100.24 and 100.26 is the final rule for the 2016-2018 regulatory 
period for wildlife (81 FR 52528; August 8, 2016).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 is the final rule for the 2015-17 regulatory period for fish (80 
FR 28187; May 18, 2015).

    Dated: March 22, 2017.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting 
Chair, Federal Subsistence Board.
    Dated: March 27, 2017.
Thomas Whitford,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2017-09967 Filed 5-16-17; 8:45 am]
 BILLING CODE 3410-11; 4333-15-P



                                                                        Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Proposed Rules                                           22621

                                                 (h) Group 1 Airplanes: Inspection and                   (k) Related Information                               the applicable cycle. When final, the
                                                 Corrective Action                                          (1) For more information about this AD,            resulting rulemaking will replace the
                                                   For airplanes identified as Group 1 in                contact Payman Soltani, Aerospace Engineer,           existing subsistence wildlife taking
                                                 Boeing Alert Service Bulletin 737–57A1332,              Airframe Branch, ANM–120L, FAA, Los                   regulations. This rule would also amend
                                                 dated January 3, 2017: Within 120 days after            Angeles Aircraft Certification Office (ACO),          the general regulations on subsistence
                                                 the effective date of this AD, inspect for              3960 Paramount Boulevard, Lakewood, CA                taking of fish and wildlife.
                                                 cracking of the upper aft skin of the wings,            90712–4137; phone: 562–627–5313; fax: 562–
                                                                                                         627–5210; email: payman.soltani@faa.gov.              DATES: Public comments: Comments and
                                                 and do all applicable corrective actions,
                                                 using a method approved in accordance with                 (2) For service information identified in          proposals to change this proposed rule
                                                 the procedures specified in paragraph (j) of            this AD, contact Boeing Commercial                    must be received or postmarked June 16,
                                                 this AD.                                                Airplanes, Attention: Contractual & Data              2017.
                                                                                                         Services (C&DS), 2600 Westminster Blvd.,                 Public meetings: The Federal
                                                 (i) Exception to the Service Information                MC 110–SK57, Seal Beach, CA 90740;                    Subsistence Regional Advisory Councils
                                                   Where Boeing Alert Service Bulletin 737–              telephone 562–797–1717; Internet https://             held public meetings to receive
                                                 57A1332, dated January 3, 2017, specifies a             www.myboeingfleet.com. You may view this
                                                                                                         referenced service information at the FAA,
                                                                                                                                                               comments and make proposals to
                                                 compliance time ‘‘after the original issue date                                                               change this proposed rule on several
                                                 of this Service Bulletin,’’ this AD requires            Transport Airplane Directorate, 1601 Lind
                                                 compliance within the specified compliance              Avenue SW., Renton, WA. For information               dates between February 8 and March 15,
                                                 time after the effective date of this AD.               on the availability of this material at the           2017, and then will hold another round
                                                                                                         FAA, call 425–227–1221.                               of public meetings to discuss and
                                                 (j) Alternative Methods of Compliance                                                                         receive comments on the proposals, and
                                                 (AMOCs)                                                   Issued in Renton, Washington, on May 8,
                                                                                                         2017.                                                 make recommendations on the
                                                    (1) The Manager, Los Angeles Aircraft                Michael Kaszycki,                                     proposals to the Federal Subsistence
                                                 Certification Office (ACO), FAA, has the                                                                      Board, on several dates between August
                                                 authority to approve AMOCs for this AD, if              Acting Manager, Transport Airplane
                                                                                                         Directorate, Aircraft Certification Service.          24 and November 9, 2017. The Board
                                                 requested using the procedures found in 14                                                                    will discuss and evaluate proposed
                                                 CFR 39.19. In accordance with 14 CFR 39.19,             [FR Doc. 2017–09848 Filed 5–16–17; 8:45 am]
                                                 send your request to your principal inspector
                                                                                                                                                               regulatory changes during a public
                                                                                                         BILLING CODE 4910–13–P
                                                 or local Flight Standards District Office, as                                                                 meeting in Anchorage, AK, in April
                                                 appropriate. If sending information directly                                                                  2018. See SUPPLEMENTARY INFORMATION
                                                 to the manager of the ACO, send it to the                                                                     for specific information on dates and
                                                                                                         DEPARTMENT OF AGRICULTURE
                                                 attention of the person identified in                                                                         locations of the public meetings.
                                                 paragraph (k)(1) of this AD. Information may            Forest Service                                        ADDRESSES: Public meetings: The
                                                 be emailed to: 9–ANM–LAACO–AMOC-                                                                              Federal Subsistence Board and the
                                                 Requests@faa.gov.                                                                                             Federal Subsistence Regional Advisory
                                                    (2) Before using any approved AMOC,                  36 CFR Part 242
                                                                                                                                                               Councils’ public meetings will be held
                                                 notify your appropriate principal inspector,
                                                 or lacking a principal inspector, the manager           DEPARTMENT OF THE INTERIOR                            at various locations in Alaska. See
                                                 of the local flight standards district office/                                                                SUPPLEMENTARY INFORMATION for specific
                                                 certificate holding district office.                    Fish and Wildlife Service                             information on dates and locations of
                                                    (3) An AMOC that provides an acceptable                                                                    the public meetings.
                                                 level of safety may be used for any repair,             50 CFR Part 100                                          Public comments: You may submit
                                                 modification, or alteration required by this                                                                  comments by one of the following
                                                 AD if it is approved by the Boeing                      [Docket No. FWS–R7–SM–2016–0049;                      methods:
                                                 Commercial Airplanes Organization                       FXFR13350700640–167–FF07J00000;                          • Electronically: Go to the Federal
                                                 Designation Authorization (ODA) that has                FBMS#4500096691]
                                                                                                                                                               eRulemaking Portal: http://
                                                 been authorized by the Manager, Los Angeles             RIN 1018–BB38                                         www.regulations.gov and search for
                                                 ACO, to make those findings. To be
                                                                                                                                                               FWS–R7–SM–2016–0049, which is the
                                                 approved, the repair method, modification               Subsistence Management Regulations
                                                 deviation, or alteration deviation must meet                                                                  docket number for this rulemaking.
                                                 the certification basis of the airplane, and the
                                                                                                         for Public Lands in Alaska—2018–19                       • By hard copy: U.S. mail or hand-
                                                 approval must specifically refer to this AD.
                                                                                                         and 2019–20 Subsistence Taking of                     delivery to: USFWS, Office of
                                                    (4) Except as required by paragraph (g) of           Wildlife Regulations                                  Subsistence Management, 1011 East
                                                 this AD: For service information that                   AGENCY:  Forest Service, Agriculture;                 Tudor Road, MS 121, Attn: Theo
                                                 contains steps that are labeled as Required             Fish and Wildlife Service, Interior.                  Matuskowitz, Anchorage, AK 99503–
                                                 for Compliance (RC), the provisions of                                                                        6199, or hand delivery to the Designated
                                                 paragraphs (j)(4)(i) and (j)(4)(ii) of this AD          ACTION: Proposed rule.
                                                                                                                                                               Federal Official attending any of the
                                                 apply.                                                  SUMMARY:   This proposed rule would                   Federal Subsistence Regional Advisory
                                                    (i) The steps labeled as RC, including                                                                     Council public meetings. See
                                                 substeps under an RC step and any figures
                                                                                                         establish regulations for hunting and
                                                                                                         trapping seasons, harvest limits, and                 SUPPLEMENTARY INFORMATION for
                                                 identified in an RC step, must be done to
                                                 comply with the AD. If a step or substep is             methods and means related to taking of                additional information on locations of
                                                 labeled ‘‘RC Exempt,’’ then the RC                      wildlife for subsistence uses during the              the public meetings.
                                                 requirement is removed from that step or                2018–19 and 2019–20 regulatory years.                    We will post all comments on http://
                                                 substep. An AMOC is required for any                    The Federal Subsistence Board is on a                 www.regulations.gov. This generally
                                                 deviations to RC steps, including substeps              schedule of completing the process of                 means that we will post any personal
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                                                 and identified figures.                                 revising subsistence taking of wildlife               information you provide us (see the
                                                    (ii) Steps not labeled as RC may be                  regulations in even-numbered years and                Public Review Process section below for
                                                 deviated from using accepted methods in                                                                       more information).
                                                                                                         subsistence taking of fish and shellfish
                                                 accordance with the operator’s maintenance
                                                 or inspection program without obtaining                 regulations in odd-numbered years;                    FOR FURTHER INFORMATION CONTACT:
                                                 approval of an AMOC, provided the RC steps,             public proposal and review processes                  Chair, Federal Subsistence Board, c/o
                                                 including substeps and identified figures, can          take place during the preceding year.                 U.S. Fish and Wildlife Service,
                                                 still be done as specified, and the airplane            The Board also addresses customary and                Attention: Eugene R. Peltola, Jr., Office
                                                 can be put back in an airworthy condition.              traditional use determinations during                 of Subsistence Management; (907) 786–


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                                                 22622                     Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Proposed Rules

                                                 3888 or subsistence@fws.gov. For                              Title 36, ‘‘Parks, Forests, and Public                            development of regulations for subparts
                                                 questions specific to National Forest                         Property,’’ and Title 50, ‘‘Wildlife and                          C and D, which, among other things, set
                                                 System lands, contact Thomas Whitford,                        Fisheries,’’ at 36 CFR 242.1–28 and 50                            forth program eligibility and specific
                                                 Regional Subsistence Program Leader,                          CFR 100.1–28, respectively. The                                   harvest seasons and limits.
                                                 USDA, Forest Service, Alaska Region;                          regulations contain subparts as follows:                            In administering the program, the
                                                 (907) 743–9461 or twhitford@fs.fed.us.                        Subpart A, General Provisions; Subpart                            Secretaries divided Alaska into 10
                                                 SUPPLEMENTARY INFORMATION:                                    B, Program Structure; Subpart C, Board                            subsistence resource regions, each of
                                                                                                               Determinations; and Subpart D,                                    which is represented by a Regional
                                                 Background                                                    Subsistence Taking of Fish and Wildlife.                          Advisory Council. The Regional
                                                   Under Title VIII of the Alaska                                Consistent with subpart B of these                              Advisory Councils provide a forum for
                                                 National Interest Lands Conservation                          regulations, the Secretaries established a                        rural residents with personal knowledge
                                                 Act (ANILCA) (16 U.S.C. 3111–3126),                           Federal Subsistence Board to administer                           of local conditions and resource
                                                 the Secretary of the Interior and the                         the Federal Subsistence Management                                requirements to have a meaningful role
                                                 Secretary of Agriculture (Secretaries)                        Program. The Board comprises:                                     in the subsistence management of fish
                                                                                                                 • A Chair appointed by the Secretary                            and wildlife on Federal public lands in
                                                 jointly implement the Federal
                                                                                                               of the Interior with concurrence of the                           Alaska. The Regional Advisory Council
                                                 Subsistence Management Program. This
                                                                                                               Secretary of Agriculture;                                         members represent varied geographical,
                                                 program provides a rural preference for                         • The Alaska Regional Director, U.S.
                                                 take of fish and wildlife resources for                                                                                         cultural, and user interests within each
                                                                                                               Fish and Wildlife Service;                                        region.
                                                 subsistence uses on Federal public                              • The Alaska Regional Director,
                                                 lands and waters in Alaska. The                               National Park Service;                                            Public Review Process—Comments,
                                                 Secretaries published temporary                                 • The Alaska State Director, Bureau                             Proposals, and Public Meetings
                                                 regulations to carry out this program in                      of Land Management;
                                                 the Federal Register on June 29, 1990                           • The Alaska Regional Director,                                   The Federal Subsistence Regional
                                                 (55 FR 27114), and final regulations                          Bureau of Indian Affairs;                                         Advisory Councils have a substantial
                                                 were published in the Federal Register                          • The Alaska Regional Forester,                                 role in reviewing this proposed rule and
                                                 on May 29, 1992 (57 FR 22940). The                            USDA Forest Service; and                                          making recommendations for the final
                                                 Program has subsequently amended                                • Two public members appointed by                               rule. The Federal Subsistence Board,
                                                 these regulations a number of times.                          the Secretary of the Interior with                                through the Federal Subsistence
                                                 Because this program is a joint effort                        concurrence of the Secretary of                                   Regional Advisory Councils, has held
                                                 between Interior and Agriculture, these                       Agriculture.                                                      public meetings on this proposed rule at
                                                 regulations are located in two titles of                        Through the Board, these agencies                               the following locations in Alaska, on the
                                                 the Code of Federal Regulations (CFR):                        and public members participate in the                             following dates:

                                                 Region   1—Southeast Regional Council .......................................................................   Saxman ..............................      March 14, 2017
                                                 Region   2—Southcentral Regional Council ..................................................................     Anchorage ..........................       February 13, 2017
                                                 Region   3—Kodiak/Aleutians Regional Council ..........................................................         Old Harbor .........................       February 22, 2017
                                                 Region   4—Bristol Bay Regional Council .....................................................................   Naknek ...............................     February 28, 2017
                                                 Region   5—Yukon–Kuskokwim Delta Regional Council .............................................                 Bethel .................................   February 15, 2017
                                                 Region   6—Western Interior Regional Council ............................................................       Fairbanks ...........................      February 21, 2017
                                                 Region   7—Seward Peninsula Regional Council .........................................................          Nome ..................................    March 6, 2017
                                                 Region   8—Northwest Arctic Regional Council ...........................................................        Kotzebue ............................      March 1, 2017
                                                 Region   9—Eastern Interior Regional Council ..............................................................     Fairbanks ...........................      February 7, 2017
                                                 Region   10—North Slope Regional Council .................................................................      Barrow ...............................     February 8, 2017


                                                   During June 2017, the written                               subsequent public comment period,                                 through November 2017, to receive
                                                 proposals to change the subpart D, take                       written public comments will be                                   comments on specific proposals and to
                                                 of wildlife regulations, and subpart C,                       accepted on the distributed proposals.                            develop recommendations to the Board
                                                 customary and traditional use                                   The Board, through the Regional                                 at the following locations in Alaska, on
                                                 determinations, will be compiled and                          Advisory Councils, will hold a second                             the following dates:
                                                 distributed for public review. During a                       series of public meetings in August

                                                 Region   1—Southeast Regional Council .......................................................................   Juneau ................................    October 31, 2017
                                                 Region   2—Southcentral Regional Council ..................................................................     Seldovia .............................     November 6, 2017
                                                 Region   3—Kodiak/Aleutians Regional Council ..........................................................         Cold Bay ............................      September 26, 2017
                                                 Region   4—Bristol Bay Regional Council .....................................................................   Dillingham .........................       November 1, 2017
                                                 Region   5—Yukon–Kuskokwim Delta Regional Council .............................................                 Bethel .................................   October 12, 2017
                                                 Region   6—Western Interior Regional Council ............................................................       Galena ................................    October 10, 2017
                                                 Region   7—Seward Peninsula Regional Council .........................................................          Nome ..................................    October 24, 2017
                                                 Region   8—Northwest Arctic Regional Council ...........................................................        Shungnak ...........................       October 25, 2017
                                                 Region   9—Eastern Interior Regional Council ..............................................................     Tanana ...............................     November 8, 2017
                                                 Region   10—North Slope Regional Council .................................................................      Wainwright ........................        August 24, 2017
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                                                   A notice will be published of specific                      work on each Regional Advisory                                    management regulations during a public
                                                 dates, times, and meeting locations in                        Council’s agenda determines the length                            meeting scheduled to be held in
                                                 local and statewide newspapers prior to                       of each Regional Advisory Council                                 Anchorage, Alaska, in April 2018. The
                                                 both series of meetings. Locations and                        meeting.                                                          Federal Subsistence Regional Advisory
                                                 dates may change based on weather or                            The Board will discuss and evaluate                             Council Chairs, or their designated
                                                 local circumstances. The amount of                            proposed changes to the subsistence                               representatives, will present their


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                                                                        Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Proposed Rules                                            22623

                                                 respective Councils’ recommendations                      You may submit written comments                     members are affected by subsistence
                                                 at the Board meeting. Additional oral                   and materials concerning this proposed                fishing, hunting, and trapping
                                                 testimony may be provided on specific                   rule by one of the methods listed in                  regulations, the Secretaries, through the
                                                 proposals before the Board at that time.                ADDRESSES. If you submit a comment via                Board, will provide Federally
                                                 At that public meeting, the Board will                  http://www.regulations.gov, your entire               recognized Tribes and Alaska Native
                                                 deliberate and take final action on                     comment, including any personal                       corporations an opportunity to consult
                                                 proposals received that request changes                 identifying information, will be posted               on this rule.
                                                 to this proposed rule.                                  on the Web site. If you submit a                         The Board will engage in outreach
                                                    Proposals to the Board to modify the                 hardcopy comment that includes                        efforts for this proposed rule, including
                                                 general fish and wildlife regulations,                  personal identifying information, you                 a notification letter, to ensure that
                                                 wildlife harvest regulations, and                       may request at the top of your document               Tribes and Alaska Native corporations
                                                 customary and traditional use                           that we withhold this information from                are advised of the mechanisms by which
                                                 determinations must include the                         public review. However, we cannot                     they can participate. The Board
                                                 following information:                                  guarantee that we will be able to do so.              provides a variety of opportunities for
                                                    a. Name, address, and telephone                      We will post all hardcopy comments on                 consultation: Proposing changes to the
                                                 number of the requestor;                                http://www.regulations.gov.                           existing rule; commenting on proposed
                                                    b. Each section and/or paragraph                       Comments and materials we receive,                  changes to the existing rule; engaging in
                                                 designation in this proposed rule for                   as well as supporting documentation we                dialogue at the Regional Council
                                                 which changes are suggested, if                         used in preparing this proposed rule,                 meetings; engaging in dialogue at the
                                                 applicable;                                             will be available for public inspection               Board’s meetings; and providing input
                                                    c. A description of the regulatory                   on http://www.regulations.gov, or by                  in person, by mail, email, or phone at
                                                 change(s) desired;                                      appointment, between 8 a.m. and 3                     any time during the rulemaking process.
                                                    d. A statement explaining why each                   p.m., Monday through Friday, except                   The Board commits to efficiently and
                                                 change is necessary;                                    Federal holidays, at: USFWS, Office of                adequately providing an opportunity to
                                                                                                         Subsistence Management, 1011 East                     Tribes and Alaska Native corporations
                                                    e. Proposed wording changes; and
                                                                                                         Tudor Road, Anchorage, AK 99503.                      for consultation in regard to subsistence
                                                    f. Any additional information that you
                                                 believe will help the Board in                          Reasonable Accommodations                             rulemaking.
                                                 evaluating the proposed change.                            The Federal Subsistence Board is                      The Board will consider Tribes’ and
                                                    The Board immediately rejects                        committed to providing access to these                Alaska Native corporations’
                                                 proposals that fail to include the above                meetings for all participants. Please                 information, input, and
                                                 information, or proposals that are                      direct all requests for sign language                 recommendations, and address their
                                                 beyond the scope of authorities in § __                 interpreting services, closed captioning,             concerns as much as practicable.
                                                 _.24, subpart C (the regulations                        or other accommodation needs to the                   Developing the 2018–19 and 2019–20
                                                 governing customary and traditional use                 Office of Subsistence Management, 907–                Wildlife Seasons and Harvest Limit
                                                 determinations), and §§ ___.25 and ___                  786–3888, subsistence@fws.gov, or 800–                Regulations
                                                 .26, subpart D (the general and specific                877–8339 (TTY), seven business days
                                                 regulations governing the subsistence                   prior to the meeting you would like to                   Subpart C and D regulations are
                                                 take of wildlife). If a proposal needs                  attend.                                               subject to periodic review and revision.
                                                 clarification, prior to being distributed                                                                     The Federal Subsistence Board
                                                 for public review, the proponent may be                 Tribal Consultation and Comment                       currently completes the process of
                                                 contacted, and the proposal could be                       As expressed in Executive Order                    revising subsistence take of wildlife
                                                 revised based on their input. Once                      13175, ‘‘Consultation and Coordination                regulations in even-numbered years and
                                                 distributed for public review, no                       with Indian Tribal Governments,’’ the                 fish and shellfish regulations in odd-
                                                 additional changes may be made as part                  Federal officials that have been                      numbered years; public proposal and
                                                 of the original submission. During the                  delegated authority by the Secretaries                review processes take place during the
                                                 April 2018 meeting, the Board may                       are committed to honoring the unique                  preceding year. The Board also
                                                 defer review and action on some                         government-to-government political                    addresses customary and traditional use
                                                 proposals to allow time for cooperative                 relationship that exists between the                  determinations during the applicable
                                                 planning efforts, or to acquire additional              Federal Government and Federally                      cycle.
                                                 needed information. The Board may                       Recognized Indian Tribes (Tribes) as                     The current subsistence program
                                                 elect to defer taking action on any given               listed in 79 FR 4748 (January 29, 2014).              regulations form the starting point for
                                                 proposal if the workload of staff,                      Consultation with Alaska Native                       consideration during each new
                                                 Regional Advisory Councils, or the                      corporations is based on Public Law                   rulemaking cycle. The regulations at § _
                                                 Board becomes excessive. These                          108–199, div. H, Sec. 161, Jan. 23, 2004,             __.24 pertain to customary and
                                                 deferrals may be based on                               118 Stat. 452, as amended by Public                   traditional use determinations; the
                                                 recommendations by the affected                         Law 108–447, div. H, title V, Sec. 518,               regulations at § ___.25 pertain to general
                                                 Regional Advisory Council(s) or staff                   Dec. 8, 2004, 118 Stat. 3267, which                   provisions governing the subsistence
                                                 members, or on the basis of the Board’s                 provides that: ‘‘The Director of the                  take of wildlife, fish, and shellfish; and
                                                 intention to do least harm to the                       Office of Management and Budget and                   the regulations at § ___.26 pertain to
                                                 subsistence user and the resource                       all Federal agencies shall hereafter                  specific provisions governing the
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                                                 involved. A proponent of a proposal                     consult with Alaska Native corporations               subsistence take of wildlife.
                                                 may withdraw the proposal provided it                   on the same basis as Indian tribes under                 The text of two final rules form the
                                                 has not been considered, and a                          Executive Order No. 13175.’’                          text of this proposed rule for the 2018–
                                                 recommendation has not been made, by                       The Alaska National Interest Lands                 20 subparts C and D regulations:
                                                 a Regional Advisory Council. The Board                  Conservation Act does not provide                        The text of the proposed amendments
                                                 may consider and act on alternatives                    specific rights to Tribes for the                     to 36 CFR 242.24 and 242.26 and 50
                                                 that address the intent of a proposal                   subsistence taking of wildlife, fish, and             CFR 100.24 and 100.26 is the final rule
                                                 while differing in approach.                            shellfish. However, because tribal                    for the 2016–2018 regulations for


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                                                 22624                  Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Proposed Rules

                                                 subsistence take of wildlife (81 FR                     analysis determination appeared in the                Regulatory Flexibility Act
                                                 52528; August 8, 2016).                                 April 6, 1992, ROD and concluded that                   The Regulatory Flexibility Act of 1980
                                                    The text of the proposed amendments                  the Federal Subsistence Management                    (5 U.S.C. 601 et seq.) requires
                                                 to 36 CFR 242.25 and 50 CFR 100.25 is                   Program, under Alternative IV with an                 preparation of flexibility analyses for
                                                 the final rule for the 2015–17                          annual process for setting subsistence                rules that will have a significant effect
                                                 regulations for the subsistence take of                 regulations, may have some local                      on a substantial number of small
                                                 fish (80 FR 28187; May 18, 2015).                       impacts on subsistence uses, but will                 entities, which include small
                                                 (Because the most recent final rule                     not likely restrict subsistence uses                  businesses, organizations, or
                                                 pertaining to wildlife noted above (i.e.,               significantly.                                        governmental jurisdictions. In general,
                                                 81 FR 52528; August 8, 2016) did not                       During the subsequent environmental                the resources to be harvested under this
                                                 include any revisions to the general                    assessment process for extending                      proposed rule are already being
                                                 regulations pertaining to the subsistence               fisheries jurisdiction, an evaluation of              harvested and consumed by the local
                                                 take of wildlife, fish, and shellfish at § _            the effects of this rule was conducted in             harvester and do not result in an
                                                 __.25, the 2015 final rule pertaining to                accordance with § 810. That evaluation                additional dollar benefit to the
                                                 the subsistence take of fish includes the               also supported the Secretaries’                       economy. However, we estimate that
                                                 most recent revisions to 36 CFR 242.25                  determination that the rule will not                  two million pounds of meat are
                                                 and 50 CFR 100.25).                                     reach the ‘‘may significantly restrict’’              harvested by subsistence users annually
                                                    These regulations will remain in                     threshold that would require notice and               and, if given an estimated dollar value
                                                 effect until subsequent Board action                    hearings under ANILCA § 810(a).                       of $3.00 per pound, this amount would
                                                 changes elements as a result of the                                                                           equate to about $6 million in food value
                                                 public review process outlined above in                 Paperwork Reduction Act (PRA)                         statewide. Based upon the amounts and
                                                 this document.                                                                                                values cited above, the Departments
                                                                                                           This proposed rule does not contain
                                                 Compliance With Statutory and                                                                                 certify that this rulemaking will not
                                                                                                         any new collections of information that
                                                 Regulatory Authorities                                                                                        have a significant economic effect on a
                                                                                                         require OMB approval under the PRA
                                                                                                                                                               substantial number of small entities
                                                 National Environmental Policy Act                       (44 U.S.C. 3501 et seq.) OMB has
                                                                                                                                                               within the meaning of the Regulatory
                                                                                                         reviewed and approved the collections
                                                    A Draft Environmental Impact                                                                               Flexibility Act.
                                                                                                         of information associated with the
                                                 Statement that described four                           subsistence regulations at 36 CFR 242                 Small Business Regulatory Enforcement
                                                 alternatives for developing a Federal                   and 50 CFR 100, and assigned OMB                      Fairness Act
                                                 Subsistence Management Program was                      Control Number 1018–0075, with an                        Under the Small Business Regulatory
                                                 distributed for public comment on                       expiration date of June 30, 2019. We                  Enforcement Fairness Act (5 U.S.C. 801
                                                 October 7, 1991. The Final                              may not conduct or sponsor and you are                et seq.), this proposed rule is not a major
                                                 Environmental Impact Statement (FEIS)                   not required to respond to a collection               rule. It will not have an effect on the
                                                 was published on February 28, 1992.                     of information unless it displays a                   economy of $100 million or more, will
                                                 The Record of Decision (ROD) on                         currently valid Office of Management                  not cause a major increase in costs or
                                                 Subsistence Management for Federal                      and Budget (OMB) control number.                      prices for consumers, and will not have
                                                 Public Lands in Alaska was signed April
                                                                                                         Regulatory Planning and Review                        significant adverse effects on
                                                 6, 1992. The selected alternative in the
                                                                                                         (Executive Order 12866)                               competition, employment, investment,
                                                 FEIS (Alternative IV) defined the
                                                                                                                                                               productivity, innovation, or the ability
                                                 administrative framework of an annual
                                                                                                           Executive Order 12866 provides that                 of U.S.-based enterprises to compete
                                                 regulatory cycle for subsistence
                                                                                                         the Office of Information and Regulatory              with foreign-based enterprises.
                                                 regulations.
                                                    A 1997 environmental assessment                      Affairs (OIRA) in the Office of                       Executive Order 12630
                                                 dealt with the expansion of Federal                     Management and Budget will review all
                                                                                                         significant rules. OIRA has determined                  Title VIII of ANILCA requires the
                                                 jurisdiction over fisheries and is                                                                            Secretaries to administer a subsistence
                                                 available at the office listed under FOR                that this proposed rule is not significant.
                                                                                                                                                               priority on public lands. The scope of
                                                 FURTHER INFORMATION CONTACT. The                          Executive Order 13563 reaffirms the                 this program is limited by definition to
                                                 Secretary of the Interior, with                         principles of E.O. 12866 while calling                certain public lands. Likewise, these
                                                 concurrence of the Secretary of                         for improvements in the nation’s                      proposed regulations have no potential
                                                 Agriculture, determined that expansion                  regulatory system to promote                          takings of private property implications
                                                 of Federal jurisdiction does not                        predictability, to reduce uncertainty,                as defined by Executive Order 12630.
                                                 constitute a major Federal action                       and to use the best, most innovative,
                                                 significantly affecting the human                       and least burdensome tools for                        Unfunded Mandates Reform Act
                                                 environment and, therefore, signed a                    achieving regulatory ends. The                           The Secretaries have determined and
                                                 Finding of No Significant Impact.                       executive order directs agencies to                   certify pursuant to the Unfunded
                                                                                                         consider regulatory approaches that                   Mandates Reform Act, 2 U.S.C. 1502 et
                                                 Section 810 of ANILCA                                   reduce burdens and maintain flexibility               seq., that this rulemaking will not
                                                   An ANILCA § 810 analysis was                          and freedom of choice for the public                  impose a cost of $100 million or more
                                                 completed as part of the FEIS process on                where these approaches are relevant,                  in any given year on local or State
                                                 the Federal Subsistence Management                      feasible, and consistent with regulatory              governments or private entities. The
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                                                 Program. The intent of all Federal                      objectives. E.O. 13563 emphasizes                     implementation of this rule is by
                                                 subsistence regulations is to accord                    further that regulations must be based                Federal agencies and there is no cost
                                                 subsistence uses of fish and wildlife on                on the best available science and that                imposed on any State or local entities or
                                                 public lands a priority over the taking                 the rulemaking process must allow for                 tribal governments.
                                                 of fish and wildlife on such lands for                  public participation and an open
                                                 other purposes, unless restriction is                   exchange of ideas. We have developed                  Executive Order 12988
                                                 necessary to conserve healthy fish and                  this rule in a manner consistent with                   The Secretaries have determined that
                                                 wildlife populations. The final § 810                   these requirements.                                   these regulations meet the applicable


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                                                                        Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Proposed Rules                                            22625

                                                 standards provided in §§ 3(a) and 3(b)(2)                 • Mary McBurney, Alaska Regional                    implementing the Telephone Consumer
                                                 of Executive Order 12988, regarding                     Office, National Park Service;                        Protection Act and to its call completion
                                                 civil justice reform.                                     • Dr. Glenn Chen, Alaska Regional                   rules. The Commission proposes rules
                                                                                                         Office, Bureau of Indian Affairs;                     to codify the clarification contained in
                                                 Executive Order 13132                                     • Trevor T. Fox, Alaska Regional                    the 2016 Guidance PN that providers
                                                    In accordance with Executive Order                   Office, U.S. Fish and Wildlife Service;               may block calls when the subscriber to
                                                 13132, the proposed rule does not have                  and                                                   a particular telephone number requests
                                                 sufficient Federalism implications to                     • Thomas Whitford, Alaska Regional                  that calls originating from that number
                                                 warrant the preparation of a Federalism                 Office, U.S. Forest Service.                          be blocked; permit providers to block
                                                 Assessment. Title VIII of ANILCA                                                                              calls originating from invalid numbers;
                                                                                                         List of Subjects
                                                 precludes the State from exercising                                                                           permit providers to block calls
                                                 subsistence management authority over                   36 CFR Part 242                                       originating from valid numbers that are
                                                 fish and wildlife resources on Federal                    Administrative practice and                         not allocated to a voice service provider;
                                                 lands unless it meets certain                           procedure, Alaska, Fish, National                     and permit providers to block calls
                                                 requirements.                                           forests, Public lands, Reporting and                  originating from valid numbers that are
                                                 Executive Order 13175                                   recordkeeping requirements, Wildlife.                 allocated but not assigned to a
                                                                                                                                                               subscriber. In addition, the Commission
                                                    The Alaska National Interest Lands                   50 CFR Part 100                                       seeks comment on the possibility of
                                                 Conservation Act, Title VIII, does not                                                                        permitting providers to block calls in
                                                                                                           Administrative practice and
                                                 provide specific rights to tribes for the                                                                     other situations where the calls to be
                                                                                                         procedure, Alaska, Fish, National
                                                 subsistence taking of wildlife, fish, and                                                                     blocked are reasonably likely to be
                                                                                                         forests, Public lands, Reporting and
                                                 shellfish. However, the Secretaries,                                                                          illegal based upon objective criteria.
                                                                                                         recordkeeping requirements, Wildlife.
                                                 through the Board, will provide                                                                               DATES: Comments are due on or before
                                                 Federally recognized Tribes and Alaska                  Proposed Regulation Promulgation
                                                                                                                                                               July 3, 2017, and reply comments are
                                                 Native corporations an opportunity to                     For the reasons set out in the                      due on or before July 31, 2017.
                                                 consult on this proposed rule.                          preamble, the Federal Subsistence                     ADDRESSES: You may submit comments,
                                                 Consultation with Alaska Native                         Board proposes to amend 36 CFR part                   identified by CG Docket 17–59 by any
                                                 corporations are based on Public Law                    242 and 50 CFR part 100 for the 2018–                 of the following methods:
                                                 108–199, div. H, Sec. 161, Jan. 23, 2004,               19 and 2019–20 regulatory years.                         • Electronic Filers: Comments may be
                                                 118 Stat. 452, as amended by Public                       The text of the proposed amendments                 filed electronically using the Internet by
                                                 Law 108–447, div. H, title V, Sec. 518,                 to 36 CFR 242.24 and 242.26 and 50                    accessing the Commission’s Electronic
                                                 Dec. 8, 2004, 118 Stat. 3267, which                     CFR 100.24 and 100.26 is the final rule               Comment Filing System (ECFS), through
                                                 provides that: ‘‘The Director of the                    for the 2016–2018 regulatory period for               the Commission’s Web site: http://
                                                 Office of Management and Budget and                     wildlife (81 FR 52528; August 8, 2016).               apps.fcc.gov/ecfs/. Filers should follow
                                                 all Federal agencies shall hereafter                      The text of the proposed amendments                 the instructions provided on the Web
                                                 consult with Alaska Native corporations                 to 36 CFR 242.25 and 50 CFR 100.25 is                 site for submitting comments. For ECFS
                                                 on the same basis as Indian tribes under                the final rule for the 2015–17 regulatory             filers, in completing the transmittal
                                                 Executive Order No. 13175.’’                            period for fish (80 FR 28187; May 18,                 screen, filers should include their full
                                                    The Secretaries, through the Board,                  2015).                                                name, U.S. Postal service mailing
                                                 will provide a variety of opportunities
                                                                                                           Dated: March 22, 2017.                              address, and CG Docket No. 17–59.
                                                 for consultation: Commenting on
                                                                                                         Eugene R. Peltola, Jr.,                                  • Mail: Parties who choose to file by
                                                 proposed changes to the existing rule;
                                                                                                         Assistant Regional Director, U.S. Fish and            paper must file an original and one copy
                                                 engaging in dialogue at the Regional
                                                                                                         Wildlife Service, Acting Chair, Federal               of each filing. Filers must submit two
                                                 Council meetings; engaging in dialogue
                                                                                                         Subsistence Board.                                    additional copies for each additional
                                                 at the Board’s meetings; and providing
                                                                                                           Dated: March 27, 2017.                              docket or rulemaking number. Filings
                                                 input in person, by mail, email, or
                                                                                                         Thomas Whitford,                                      can be sent by hand or messenger
                                                 phone at any time during the
                                                                                                                                                               delivery, by commercial overnight
                                                 rulemaking process.                                     Subsistence Program Leader, USDA–Forest
                                                                                                         Service.                                              courier, or by first-class or overnight
                                                 Executive Order 13211                                                                                         U.S. Postal Service mail. All filings
                                                                                                         [FR Doc. 2017–09967 Filed 5–16–17; 8:45 am]
                                                   This Executive Order requires                                                                               must be addressed to the Commission’s
                                                                                                         BILLING CODE 3410–11; 4333–15–P
                                                 agencies to prepare Statements of                                                                             Secretary, Office of the Secretary,
                                                 Energy Effects when undertaking certain                                                                       Federal Communications Commission.
                                                                                                                                                                  For detailed instructions for
                                                 actions. However, this proposed rule is                 FEDERAL COMMUNICATIONS                                submitting comments and additional
                                                 not a significant regulatory action under               COMMISSION                                            information on the rulemaking process,
                                                 E.O. 13211, affecting energy supply,
                                                                                                                                                               see the SUPPLEMENTARY INFORMATION
                                                 distribution, or use, and no Statement of               47 CFR Part 64                                        section of this document.
                                                 Energy Effects is required.
                                                                                                         [CG Docket No. 17–59; FCC 17–24]                      FOR FURTHER INFORMATION CONTACT:
                                                 Drafting Information                                                                                          Jerusha Burnett, Consumer Policy
                                                                                                         Advanced Methods To Target and                        Division, Consumer and Governmental
                                                   Theo Matuskowitz drafted these
                                                                                                         Eliminate Unlawful Robocalls
nlaroche on DSK30NT082PROD with PROPOSALS




                                                 regulations under the guidance of                                                                             Affairs Bureau, Federal
                                                 Eugene R. Peltola, Jr. of the Office of                 AGENCY:  Federal Communications                       Communications Commission, 445 12th
                                                 Subsistence Management, Alaska                          Commission.                                           Street SW., Washington, DC 20554 by
                                                 Regional Office, U.S. Fish and Wildlife                 ACTION: Proposed rule.
                                                                                                                                                               email at jerusha.burnett@fcc.gov or by
                                                 Service, Anchorage, Alaska. Additional                                                                        phone at (202) 418–0526.
                                                 assistance was provided by:                             SUMMARY: In this document, the                        SUPPLEMENTARY INFORMATION: This is a
                                                   • Daniel Sharp, Alaska State Office,                  Commission invites comment on                         summary of the Commission’s Notice of
                                                 Bureau of Land Management;                              proposed changes to its rules                         Proposed Rulemaking and Notice of


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Document Created: 2017-05-17 01:42:25
Document Modified: 2017-05-17 01:42:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesPublic comments: Comments and proposals to change this proposed rule must be received or postmarked June 16, 2017.
ContactChair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr., Office of Subsistence Management; (907) 786- 3888 or [email protected] For questions specific to National Forest System lands, contact Thomas Whitford, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region; (907) 743-9461 or [email protected]
FR Citation82 FR 22621 
RIN Number1018-BB38
CFR Citation36 CFR 242
50 CFR 100
CFR AssociatedAdministrative Practice and Procedure; Alaska; Fish; National Forests; Public Lands; Reporting and Recordkeeping Requirements and Wildlife

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