83 FR 23621 - Alaska; Hunting and Trapping in National Preserves

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 83, Issue 99 (May 22, 2018)

Page Range		23621-23624
FR Document		2018-10735

The National Park Service proposes to amend its regulations for sport hunting and trapping in national preserves in Alaska. This proposed rule would remove a regulatory provision issued by the National Park Service in 2015 that prohibited certain sport hunting practices that are otherwise permitted by the State of Alaska. These proposed changes are consistent with Secretary of the Interior Orders 3347 and 3356.

Federal Register, Volume 83 Issue 99 (Tuesday, May 22, 2018)

[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Proposed Rules]
[Pages 23621-23624]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-10735]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

[NPS-AKRO-25579; PPAKAKROZ5, PPMPRLE1Y.L00000]
RIN 1024-AE38

Alaska; Hunting and Trapping in National Preserves

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend its regulations
for sport hunting and trapping in national preserves in Alaska. This
proposed rule would remove a regulatory provision issued by the
National Park Service in 2015 that prohibited certain sport hunting
practices that are otherwise permitted by the State of Alaska. These
proposed changes are consistent with Secretary of the Interior Orders
3347 and 3356.

DATES: Comments on the proposed rule must be received by 11:59 p.m. EST
on July 23, 2018.

ADDRESSES: You may submit comments, identified by Regulation Identifier
Number (RIN) 1024-AE38, by either of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail or hand deliver to: National Park Service, Regional
Director, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK
99501.
Instructions: Comments will not be accepted by fax, email,
or in any way other than those specified above. All submissions
received must include the words ``National Park Service'' or ``NPS''
and must include the docket number or RIN (1024-AE38) for this
rulemaking. Comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Herbert C. Frost, Regional Director,
Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Phone
(907) 644-3510. Email: AKR_Regulations@nps.gov.

SUPPLEMENTARY INFORMATION:

Background

On October 23, 2015, the National Park Service (NPS) published a
final rule (Final Rule) to amend its regulations for sport hunting and
trapping in national preserves in Alaska (80 FR 64325). The Final Rule
codified prohibitions on certain types of harvest practices that are
otherwise permitted by the State of Alaska. The practices are: Taking
any black bear, including cubs and sows with cubs, with artificial
light at den sites; harvesting brown bears over bait; taking wolves and
coyotes (including pups) during the denning season (between May 1 and
August 9); taking swimming caribou; taking caribou from motorboats
under power; taking black bears over bait; and using dogs to hunt black
bears. This rule is inconsistent with State of Alaska's hunting
regulations found at 5 AAC Part 85.
Since the publication of the Final Rule, the Secretary of the
Interior issued two Secretarial Orders regarding how the Department of
the Interior should manage recreational hunting and trapping in the
lands and waters it administers, and directing greater collaboration
with state, tribe, and territorial partners in doing so.
On March 2, 2017, Secretary Zinke signed Secretarial Order 3347,
Conservation Stewardship and Outdoor Recreation. Part of the stated
purpose of Secretarial Order 3347 is to increase outdoor recreation and
improve the management of game species and their habitat. Secretarial
Order 3347 directs the Department of the Interior to identify specific
actions to (1) expand access significantly for recreational hunting and
fishing on public lands; and (2) improve recreational hunting

[[Page 23622]]

and fishing cooperation, consultation, and communication with state
wildlife managers.
On September 15, 2017, Secretary Zinke signed Secretarial Order
3356, Hunting, Fishing, Recreational Shooting, and Wildlife
Conservation Opportunities and Coordination with State, Tribes, and
Territories. Part of the stated purpose of Secretarial Order 3356 is to
increase outdoor recreation opportunities for all Americans in greater
collaboration with state partners, including opportunities to hunt.
Secretarial Order 3356 directs the NPS to (1) identify whether hunting
opportunities on Department lands could be expanded; (2) work
cooperatively with state wildlife agencies to enhance their access to
Department lands for wildlife management actions; (3) work
cooperatively with state wildlife agencies to ensure that hunting
regulations for Department lands and waters complement the regulations
on the surrounding lands and waters; and (4) work in close coordination
and cooperation with the appropriate state wildlife agency to begin the
necessary process to modify regulations in order to advance shared
wildlife conservation goals/objectives that align predator management
programs, seasons, and methods of take permitted on all Department-
managed lands and waters with corresponding programs, seasons, and
methods established by state wildlife management agencies.
The purpose of this proposed rule is to align sport hunting
regulations in national preserves in Alaska with State of Alaska
regulations and to enhance consistency with harvest regulations on
surrounding non-federal lands and waters in furtherance of Secretarial
Orders 3347 and 3356. The proposed rule would apply the State of
Alaska's hunting regulations to national preserve lands, with limited
exceptions found elsewhere in NPS regulations. See, e.g., 36 CFR
13.42(d).
The 2015 Final Rule prohibits the hunting practices otherwise
permitted by the State of Alaska because NPS found those practices: (1)
To have intent or potential to alter or manipulate natural predator-
prey dynamics, and associated natural ecological processes for the
purpose of increasing harvest of ungulates by man; (2) to adversely
impact public safety; or (3) to be inconsistent with federal law
authorizing sport hunting in national preserves in Alaska. However,
states have primary jurisdiction to manage wildlife throughout their
state. In addition, NPS has broad discretion in managing wildlife on
national preserves under applicable laws, policies, and regulations.
Taking into account the Secretarial Orders described above, NPS has
re-considered its earlier conclusions and determined that these
previously prohibited practices can be allowed consistent with the goal
of aligning its rules with those of the State. Allowing these practices
is consistent with NPS Management Policy 4.4.3 which provides that NPS
does not allow activities to reduce the numbers of native species for
the purpose of increasing the numbers of harvested species. The
discussion in the 2015 rule of an action's ``intent or potential'' to
manipulate predator dynamics goes beyond the plain language of section
4.4.3 of Management Policies. Additionally, the State of Alaska
disputes that the hunting methods and seasons (allowed by the state but
prohibited by current NPS regulations) are intended to function as a
predator control program. Rather, the State asserts the hunting
regulations are intended to provide opportunity for harvests of wolves,
coyotes, bears, and other species as requested by the public. The State
also maintains that any effects to the natural abundances, diversities,
distributions, densities, age-class distributions, populations,
habitats, genetics, and behaviors of wildlife from implementing its
regulations are likely negligible. As noted below, NPS will prepare an
environmental assessment for this regulation to determine whether it
will have any significant impacts on wildlife or other resources.
With respect to the practices that NPS previously determined to be
inconsistent with federal law authorizing harvest for sport purposes in
national preserves in Alaska, no applicable federal law or regulation
defines ``sport hunting.'' With regard to NPS's statement in the 2015
rule that baiting poses an increased public safety risk, the State of
Alaska's position is that baiting does not cause bears to become food-
conditioned, and therefore a greater safety concern.

Proposed Rule

For the above stated reasons, the NPS proposes to remove paragraphs
(f) and (g) of 36 CFR 13.42. Paragraph (f) states that State of Alaska
management actions or laws or regulations that authorize taking of
wildlife are not adopted in park areas if they are related to predator
reduction efforts, which is defined as efforts with the intent or
potential to alter or manipulate natural predator-prey dynamics and
associated natural ecological processes, in order to increase harvest
of ungulates by humans. Paragraph (g) sets forth a table of prohibited
methods of taking wildlife for sport purposes in national preserves in
Alaska. Most of these prohibited methods are also prohibited by the
State of Alaska. Some of them, however, conflict with authorizations by
the State of Alaska as explained above. The NPS believes that removing
paragraphs (f) and (g) would implement the directive announced in
Secretarial Orders 3347 and 3356 by increasing hunting opportunities in
national preserves and promoting consistency between federal
regulations and state wildlife harvest regulations. In addition, the
proposed rule would remove the definitions of ``Big game'', ``Cub
bear'', ``Fur animal'', and ``Furbearer'' from section 13.1 because
those terms are only used in paragraphs (f) and (g).

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

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

Reducing Regulation and Controlling Regulatory Costs (Executive Order
13771)

This rule is not an E.O. 13771 regulatory action because this rule
is not significant under Executive Order 12866.

Regulatory Flexibility Act

This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory

[[Page 23623]]

Flexibility Act (5 U.S.C. 601 et seq.). This certification is based on
the cost-benefit and regulatory flexibility analyses found in the
report entitled ``Cost-Benefit and Regulatory Flexibility Analyses:
Proposed Revisions to Sport Hunting and Trapping Regulations in
National Preserves in Alaska'' which can be viewed online at http://parkplanning.nps.gov/akro.

Small Business Regulatory Enforcement Fairness Act

This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

This rule does not impose an unfunded mandate on state, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on state,
local or tribal governments or the private sector. It addresses public
use of national park lands, and imposes no requirements on other
agencies or governments. A statement containing the information
required by the Unfunded Mandates Reform Act is not required.

Takings (Executive Order 12630)

This rule does not effect a taking of private property or otherwise
have takings implications under Executive Order 12630. A takings
implication assessment is not required.

Federalism (Executive Order 13132)

Under the criteria in section 1 of Executive Order 13132, the rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. This proposed
rule only affects use of federally-administered lands and waters. It
has no outside effects on other areas. A Federalism summary impact
statement is not required.

Civil Justice Reform (Executive Order 12988)

This rule complies with the requirements of Executive Order 12988.
This rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)

The Department of the Interior strives to strengthen its
government-to government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the criteria in Executive Order 13175 and under the
Department's tribal consultation and Alaska Native Claims Settlement
Act (ANCSA) Native Corporation policies and have determined that the
rule may have substantial direct effect on federally recognized Indian
tribes. The NPS has invited Alaska native tribes and corporations to
consult on the proposed rule and has consulted with those tribes and
corporations that have requested consultation.

Paperwork Reduction Act

This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required. The NPS may not conduct or sponsor and
you are not required to respond to a collection of information unless
it displays a currently valid OMB control number.

National Environmental Policy Act

NPS will prepare an environmental assessment to determine whether
this rule will have a significant impact on the quality of the human
environment under the National Environmental Policy Act of 1969 (NEPA).

Effects on the Energy Supply (Executive Order 13211)

This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects in not
required.

Clarity of This Rule

The NPS is required by Executive Orders 12866 (section 1(b)(12))
and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule the NPS publishes must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that the NPS has not met these requirements, send the
NPS comments by one of the methods listed in the ADDRESSES section. To
better help the NPS revise the rule, your comments should be as
specific as possible. For example, you should identify the numbers of
the sections or paragraphs that you find unclear, which sections or
sentences are too long, the sections where you feel lists or tables
would be useful, etc.

Public Participation

It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule by one of the methods listed in
the ADDRESSES section of this document.

Public Availability of Comments

Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask the NPS in your comment to withhold your personal identifying
information from public review, the NPS cannot guarantee that it will
be able to do so.

[[Page 23624]]

List of Subjects in 36 CFR Part 13

Alaska, National Parks, Reporting and recordkeeping requirements.

In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 13 as set forth below:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

0
1. The authority citation for part 13 continues to read as follows:

Authority: 16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102;
Sec. 13.1204 also issued under Sec. 1035, Pub. L. 104-333, 110 Stat.
4240.

Sec. 13.1 [Amended]

0
2. In Sec. 13.1 remove the definitions of ``Big game'', ``Cub bear'',
``Fur animal'', and ``Furbearer''.

Sec. 13.42 [Amended]

0
3. In Sec. 13.42, remove and reserve paragraphs (f) and (g).

David L. Bernhardt,
Deputy Secretary.
[FR Doc. 2018-10735 Filed 5-21-18; 8:45 am]
BILLING CODE 4310-EJ-P

Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules 23623

Flexibility Act (5 U.S.C. 601 et seq.). summary impact statement is not Effects on the Energy Supply (Executive
This certification is based on the cost- required. Order 13211)
benefit and regulatory flexibility
Civil Justice Reform (Executive Order This rule is not a significant energy
analyses found in the report entitled
12988) action under the definition in Executive
‘‘Cost-Benefit and Regulatory Flexibility
Order 13211. A Statement of Energy
Analyses: Proposed Revisions to Sport This rule complies with the
Effects in not required.
Hunting and Trapping Regulations in requirements of Executive Order 12988.
National Preserves in Alaska’’ which This rule: Clarity of This Rule
can be viewed online at http:// (a) Meets the criteria of section 3(a) The NPS is required by Executive
parkplanning.nps.gov/akro. requiring that all regulations be Orders 12866 (section 1(b)(12)) and
Small Business Regulatory Enforcement reviewed to eliminate errors and 12988 (section 3(b)(1)(B)), and 13563
Fairness Act ambiguity and be written to minimize (section 1(a)), and by the Presidential
litigation; and Memorandum of June 1, 1998, to write
This rule is not a major rule under 5 (b) Meets the criteria of section 3(b)(2)
U.S.C. 804(2), the Small Business all rules in plain language. This means
requiring that all regulations be written that each rule the NPS publishes must:
Regulatory Enforcement Fairness Act. in clear language and contain clear legal
This rule: (a) Be logically organized;
standards.
(a) Does not have an annual effect on (b) Use the active voice to address
the economy of $100 million or more. Consultation With Indian Tribes readers directly;
(b) Will not cause a major increase in (Executive Order 13175 and (c) Use common, everyday words and
costs or prices for consumers, Department Policy) clear language rather than jargon;
individual industries, federal, state, or The Department of the Interior strives (d) Be divided into short sections and
local government agencies, or to strengthen its government-to sentences; and
geographic regions. (e) Use lists and tables wherever
government relationship with Indian
(c) Does not have significant adverse possible.
Tribes through a commitment to
effects on competition, employment, If you feel that the NPS has not met
consultation with Indian Tribes and
investment, productivity, innovation, or these requirements, send the NPS
recognition of their right to self-
the ability of U.S.-based enterprises to
governance and tribal sovereignty. We comments by one of the methods listed
compete with foreign-based enterprises.
have evaluated this rule under the in the ADDRESSES section. To better help
Unfunded Mandates Reform Act (2 criteria in Executive Order 13175 and the NPS revise the rule, your comments
U.S.C. 1531 et seq.) under the Department’s tribal should be as specific as possible. For
This rule does not impose an consultation and Alaska Native Claims example, you should identify the
unfunded mandate on state, local, or Settlement Act (ANCSA) Native numbers of the sections or paragraphs
tribal governments or the private sector Corporation policies and have that you find unclear, which sections or
of more than $100 million per year. The determined that the rule may have sentences are too long, the sections
rule does not have a significant or substantial direct effect on federally where you feel lists or tables would be
unique effect on state, local or tribal recognized Indian tribes. The NPS has useful, etc.
governments or the private sector. It invited Alaska native tribes and
Public Participation
addresses public use of national park corporations to consult on the proposed
lands, and imposes no requirements on rule and has consulted with those tribes It is the policy of the Department of
other agencies or governments. A and corporations that have requested the Interior, whenever practicable, to
statement containing the information consultation. afford the public an opportunity to
required by the Unfunded Mandates participate in the rulemaking process.
Paperwork Reduction Act
Reform Act is not required. Accordingly, interested persons may
This rule does not contain submit written comments regarding this
Takings (Executive Order 12630) information collection requirements, proposed rule by one of the methods
This rule does not effect a taking of and a submission to the Office of listed in the ADDRESSES section of this
private property or otherwise have Management and Budget under the document.
takings implications under Executive Paperwork Reduction Act is not
Public Availability of Comments
Order 12630. A takings implication required. The NPS may not conduct or
assessment is not required. sponsor and you are not required to Before including your address, phone
respond to a collection of information number, email address, or other
Federalism (Executive Order 13132) unless it displays a currently valid OMB personal identifying information in your
Under the criteria in section 1 of control number. comment, you should be aware that
Executive Order 13132, the rule does your entire comment—including your
National Environmental Policy Act
not have sufficient federalism personal identifying information—may
implications to warrant the preparation NPS will prepare an environmental be made publicly available at any time.
of a Federalism summary impact assessment to determine whether this While you can ask the NPS in your
statement. This proposed rule only rule will have a significant impact on comment to withhold your personal
amozie on DSK3GDR082PROD with PROPOSALS1

affects use of federally-administered the quality of the human environment identifying information from public
lands and waters. It has no outside under the National Environmental review, the NPS cannot guarantee that it
effects on other areas. A Federalism Policy Act of 1969 (NEPA). will be able to do so.

VerDate Sep<11>2014 16:16 May 21, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\22MYP1.SGM 22MYP1

$23624 Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Proposed Rules List of Subjects in 36 CFR Part 13 PART 13—NATIONAL PARK SYSTEM § 13.1 [Amended] UNITS IN ALASKA ■ 2. In § 13.1 remove the definitions of Alaska, National Parks, Reporting and ‘‘Big game’’, ‘‘Cub bear’’, ‘‘Fur animal’’, recordkeeping requirements. and ‘‘Furbearer’’. ■ 1. The authority citation for part 13 In consideration of the foregoing, the continues to read as follows: § 13.42 [Amended] National Park Service proposes to Authority: 16 U.S.C. 3124; 54 U.S.C. ■ 3. In § 13.42, remove and reserve amend 36 CFR part 13 as set forth 100101, 100751, 320102; Sec. 13.1204 also paragraphs (f) and (g). below: issued under Sec. 1035, Pub. L. 104–333, 110 Stat. 4240. David L. Bernhardt, Deputy Secretary. [FR Doc. 2018–10735 Filed 5–21–18; 8:45 am] BILLING CODE 4310–EJ–P amozie on DSK3GDR082PROD with PROPOSALS1 VerDate Sep<11>2014 16:16 May 21, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 9990 E:\FR\FM\22MYP1.SGM 22MYP1$

Document Created: 2018-11-02 11:09:39
Document Modified: 2018-11-02 11:09:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments on the proposed rule must be received by 11:59 p.m. EST on July 23, 2018.
Contact		Herbert C. Frost, Regional Director, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Phone (907) 644-3510. Email: [email protected]
FR Citation		83 FR 23621
RIN Number		1024-AE38
CFR Associated		Alaska; National Parks and Reporting and Recordkeeping Requirements

83 FR 23621 - Alaska; Hunting and Trapping in National Preserves

DEPARTMENT OF THE INTERIORNational Park Service

Federal Register Volume 83, Issue 99 (May 22, 2018)

DEPARTMENT OF THE INTERIOR
National Park Service