[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12477-12482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4786]


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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-2011-0068; FXFR13350700640L6-123-FF07J00000]
RIN 1018-AX95


Subsistence Management Regulations for Public Lands in Alaska--
Subpart C-Board Determinations; Rural Determinations

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

ACTION: Final rule; extension of compliance date and request for 
comments.

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SUMMARY: This final rule extends the compliance date for the final rule 
that revised the list of nonrural areas identified by the Federal 
Subsistence Board (Board). On May 7, 2007, the Board published a final 
rule changing the rural determination for several communities or areas 
in Alaska. These communities had five years following the date of 
publication to come into compliance. In 2009 the Secretary of the 
Interior initiated a review of the Federal Subsistence Program. An 
ensuing directive was for the Federal Subsistence Board to review its 
processes for determining the rural and nonrural status of communities. 
As a result, the Board has initiated a review of the rural 
determination process and the rural determination findings. The Board 
finds that it is in the public's interest to extend the compliance date 
of the 2007 final rule until the review is complete or in 5 years, 
whichever comes first.

DATES: Compliance: The compliance date for the final rule revising 36 
CFR 242.23 and 50 CFR 100.23 published May 7, 2007 (72 FR 25688), and 
effective June 6, 2007, is extended until either the rural 
determination process and findings review is completed or 5 years, 
whichever comes first. We will publish a document announcing the 
compliance date in the Federal Register.
    Comments: Comments will be received until April 16, 2012.

ADDRESSES: You may submit comments by one of the following methods:
    <bullet> Electronically: Go to the Federal eRulemaking Portal: 
http:[sol][sol]www.regulations.gov and search for FWS-R7-SM-2011-0068, 
which is the docket number for this rulemaking.
    <bullet> 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:[sol][sol]www.regulations.gov. 
This generally means that we will post any personal information you 
provide us.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of 
Subsistence Management; (907) 786-3888 or <a href="/cdn-cgi/l/email-protection#f083859283998384959e9395b0968783de979f86"><span class="__cf_email__" data-cfemail="b2c1c7d0c1dbc1c6d7dcd1d7f2d4c5c19cd5ddc4">[email protected]</span></a>. For 
questions specific to National Forest System lands, contact Steve 
Kessler, Regional Subsistence Program Leader, USDA, Forest Service, 
Alaska Region; (907) 743-9461 or <a href="/cdn-cgi/l/email-protection#5b28303e2828373e291b3d28753d3e3f752e28"><span class="__cf_email__" data-cfemail="3340585640405f56417355401d5556571d4640">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    Under Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and 
the Secretary of Agriculture (Secretaries) jointly implement the 
Federal Subsistence Management Program (Program). This Program grants a 
preference for subsistence uses of fish and wildlife resources on 
Federal public lands and waters in Alaska. The Secretaries first 
published regulations to carry out this program in the Federal Register 
on May 29, 1992 (57 FR 22940). These regulations have subsequently been 
amended several times. This Program is a joint effort between Interior 
and Agriculture, as a result 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.

Federal Subsistence Board

    Consistent with subpart B of these regulations, the Secretaries 
established a Federal Subsistence Board to administer the Federal 
Subsistence Management Program. The Board comprises:

[[Page 12478]]

    <bullet> A Chair, appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
    <bullet> The Alaska Regional Director, U.S. Fish and Wildlife 
Service;
    <bullet> The Alaska Regional Director, U.S. National Park Service;
    <bullet> The Alaska State Director, U.S. Bureau of Land Management;
    <bullet> The Alaska Regional Director, U.S. Bureau of Indian 
Affairs;
    <bullet> The Alaska Regional Forester, U.S. Forest Service; and
    <bullet> 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 
Subsistence Regional Advisory Council (Council). The 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 
Council members represent varied geographical, cultural, and user 
interests within each region.

Public Meetings

    The Regional Advisory Councils have a substantial role in reviewing 
subsistence issues and making recommendations to the Board. The Federal 
Subsistence Board, through the Councils, will hold meetings to accept 
comments and propose changes to the subsistence take of fish and 
shellfish during the winter meeting cycle. You may present comments on 
this rule during those meetings at the following locations in Alaska, 
on the following remainingdates:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Region 1--Southeast Regional Council.....  Juneau......................  March 20, 2012.
Region 2--Southcentral Regional Council..  Anchorage...................  March 13, 2012.
Region 3--Kodiak/Aleutians Regional        Old Harbor..................  March 22, 2012.
 Council.
Region 4--Bristol Bay Regional Council...  Naknek......................  March 7, 2012.
Region 5--Yukon-Kuskokwim Delta Regional   Bethel......................  February 23, 2012.
 Council.
Region 6--Western Interior Regional        McGrath.....................  February 29, 2012.
 Council.
Region 7--Seward Peninsula Regional        Nome........................  February 7, 2012.
 Council.
Region 8--Northwest Arctic Regional        Kotzebue....................  March 8, 2012.
 Council.
Region 9--Eastern Interior Regional        Fairbanks...................  February 29, 2012.
 Council.
Region 10--North Slope Regional Council..  Barrow......................  February 16, 2012.
----------------------------------------------------------------------------------------------------------------

Current Rule

    In accordance with Sec.  ----.10(d)(4)(ii), one of the 
responsibilities given to the Federal Subsistence Board is to determine 
which communities or areas of the State are rural or nonrural.
    The Board determines if a community or area is rural in accordance 
with established guidelines set forth in Sec.  ----.15(a). The Board 
reviews rural determinations on a 10-year cycle and may review 
determinations out-of-cycle in special circumstances. Once the Board 
makes a determination that a community or area has changed from rural 
to nonrural, a waiting period of 5 years is required for the residents 
to comply with the change. A change from nonrural to rural would be 
effective 30 days after publication of the rule.
    In 2007, the Board published a final rule, Subsistence Management 
Regulations for Public Lands in Alaska, Subpart C; Nonrural 
Determinations (72 FR 25688; May 7, 2007). This rule revised the list 
of nonrural areas identified by the Board. Only residents of areas 
identified as rural are eligible to participate in the Federal 
Subsistence Management Program on Federal public lands in Alaska. The 
Board changed Adak's status to rural, added Prudhoe Bay to the list of 
nonrural areas, and adjusted the boundaries of the following nonrural 
areas: the Kenai Area; the Wasilla/Palmer Area, including Point 
McKenzie; the Homer Area, including Fritz Creek East (except 
Voznesenka) and the North Fork Road area; and the Ketchikan Area, 
including Saxman and portions of Gravina Island. The effective date was 
June 6, 2007, with a 5-year compliance date of May 7, 2012.
    On October 23, 2009, Secretary of the Interior Salazar announced 
the initiation of a Departmental review of the Federal Subsistence 
Management Program in Alaska; Secretary of Agriculture Vilsack later 
concurred with this course of action. The review focused on how the 
Program is meeting the purposes and subsistence provisions of Title 
VIII of ANILCA, and how the Program is serving rural subsistence users 
as envisioned when it began in the early 1990s.
    On August 31, 2010, the Secretaries announced the findings of the 
review, which included several proposed administrative and regulatory 
changes to strengthen the Program and make it more responsive to those 
who rely on it for their subsistence uses. One proposal called for a 
review, with Council input, of the rural and nonrural determination 
process and, if needed, recommendations for regulatory changes.

Public Comments and Board Action

    The public, Alaska Native organizations, the State, and other 
groups have had numerous opportunities to comment and consult on rural 
determinations. The numerous comments received are the foundation of 
this action, and this rule is in response to the myriad of comments 
received.
    Starting in November of 2009, the Secretarial review was conducted 
by the Alaska Affairs Office within the Office of the Secretary. 
Meetings with more than 45 different stakeholder groups were held in 13 
different communities throughout Alaska. More than 115 comments from 
individuals and interested organizations were received. Many of these 
comments addressed concerns relating to rural and nonrural 
determinations. These comments were posted on the Departmental Web site 
at http://www.doi.gov/whatwedo/subsistencereview/index.cfm.
    During the January 18-20, 2011, and January 17-20, 2012, Federal 
Subsistence Board public meetings, the Board offered a comment period 
each day for members of the public to speak to any issues related to 
subsistence issues that were not on the meeting agenda. Several members 
of the public took the opportunity to voice their concerns and comments 
on rural and nonrural issues. On January 21, 2011, and January 17, 
2012, the Board conducted tribal consultations with Alaska Native 
organizations to address proposed regulatory changes to the subsistence 
take of fish and wildlife regulations; a number of Alaska Native 
organizations again took the opportunity to also express their views on 
rural and nonrural issues and how they affected

[[Page 12479]]

their Tribes and communities. In addition, during Board work sessions 
held on May 3-4 and July 11, 2011, the Board provided opportunities for 
members of the public, Tribal representatives, and Council Chairs to 
comment on rural and nonrural issues. The transcripts for these Board 
meetings are posted at http://alaska.fws.gov/asm/board.cfml.
    On January 20, 2012, the Board met to consider the Secretarial 
directive, consider the Council's recommendations and review all 
public, Tribal, and Native Corporation comments on rural 
determinations. After discussion and careful review, the Board voted 
unanimously to initiate a review of the rural determination process and 
the 2010 decennial review through publication of a proposed rule. 
Consequently, based on that action, the Board found that it was in the 
public's best interest to extend the compliance date of its 2007 final 
rule (72 FR 25688; May 7, 2007) on rural and nonrural determinations 
until the review of the rural determination process and decennial 
review are complete or in 5 years, whichever comes first.
    The Board's justification for extending the compliance date is 
based on the following factors:
    <bullet> With the overall review of the rural determination process 
and initiation of the decennial review, there exists the possibility 
that new rulemaking will be required. By extending the compliance date, 
the Board will be saving time and resources by avoiding the possibility 
of repetitive rulemaking; in addition, it will prevent confusion and 
undue hardship on affected rural users.
    <bullet> This action would demonstrate a genuine commitment to 
listening and responding to what the Board heard through public 
comments, Tribal consultations, and Council recommendations.
    <bullet> A recently published final rule (76 FR 56109, September 
12, 2011) to expand the Board by two public members that represent 
rural Alaskan subsistence users; this action will give the Board 
additional perspective on the issues facing rural users.
    The Board is publishing this rule without a prior proposal because 
this action is viewed as an administrative action. You may submit 
comment and materials on this rule by one of the methods listed in 
ADDRESSES. We will not accept comments sent by email or fax or to an 
address not listed in ADDRESSES. We will not consider hand-delivered 
comments that we do not receive, or mailed comments that are not 
postmarked, by the date specified in DATES.
    We will post your entire comment on http://www.regulations.gov. 
Before including personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so. We will post all hardcopy comments on http://www.regulations.gov.

Tribal Consultation and Comment

    As expressed in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' the Federal officials 
that have been delegated authority by the Secretaries are committed to 
honoring the unique government-to-government political relationship 
that exists between the Federal Government and Federally Recognized 
Indian Tribes (Tribes) as listed in 75 FR 60810 (October 1, 2010) and 
the relationship required by statute for consultation and coordination 
with Alaska Native corporations. 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.''
    Title VIII of ANILCA provides rights to all Federally qualified 
rural residents for the subsistence taking of wildlife, fish, and 
shellfish. However, because tribal members are affected by subsistence 
regulations, the Secretaries, through the Board, provides Federally 
recognized Tribes and Alaska Native corporations opportunities to 
consult on subsistence issues.
    The Board engages in outreach efforts for the program to ensure 
that Tribes and Alaska Native corporations are advised of the 
mechanisms by which they can participate. The Board provides a variety 
of opportunities for consultation: commenting on proposed changes to 
the existing rule; engaging in dialogue at the 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 is committed to efficiently and adequately providing 
opportunities to Tribes and Alaska Native corporations for consultation 
with regard to subsistence rulemaking.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement (DEIS) for developing a 
Federal Subsistence Management Program was distributed for public 
comment on October 7, 1991. That document described the major issues 
associated with Federal subsistence management as identified through 
public meetings, written comments, and staff analyses and examined the 
environmental consequences of four alternatives. Proposed regulations 
(subparts A, B, and C) that would implement the preferred alternative 
were included in the DEIS as an appendix. The DEIS and the proposed 
administrative regulations presented a framework for a regulatory cycle 
regarding subsistence hunting and fishing regulations (subpart D). The 
Final Environmental Impact Statement (FEIS) was published on February 
28, 1992.
    Based on the public comments received, the analysis contained in 
the FEIS, and the recommendations of the Federal Subsistence Board and 
the Department of the Interior's Subsistence Policy Group, the 
Secretary of the Interior, with the concurrence of the Secretary of 
Agriculture, through the U.S. Department of Agriculture-Forest Service, 
implemented Alternative IV as identified in the DEIS and FEIS (Record 
of Decision on Subsistence Management for Federal Public Lands in 
Alaska (ROD), signed April 6, 1992). The DEIS and the selected 
alternative in the FEIS defined the administrative framework of a 
regulatory cycle for subsistence hunting and fishing regulations. The 
final rule for subsistence management regulations for public lands in 
Alaska, subparts A, B, and C, implemented the Federal Subsistence 
Management Program and included a framework for a regulatory cycle for 
the subsistence taking of wildlife and fish. The following Federal 
Register documents pertain to this rulemaking:

[[Page 12480]]



 Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
                                          Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
Federal Register citation       Date of publication                     Category                    Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940..............  May 29, 1992.................  Final Rule.........................   ``Subsistence
                                                                                                Management
                                                                                                Regulations for
                                                                                                Public Lands in
                                                                                                Alaska; Final
                                                                                                Rule'' was
                                                                                                published in the
                                                                                                Federal
                                                                                                Register.
64 FR 1276...............  January 8, 1999..............  Final Rule.........................  Amended the
                                                                                                regulations to
                                                                                                include
                                                                                                subsistence
                                                                                                activities
                                                                                                occurring on
                                                                                                inland navigable
                                                                                                waters in which
                                                                                                the United
                                                                                                States has a
                                                                                                reserved water
                                                                                                right and to
                                                                                                identify
                                                                                                specific Federal
                                                                                                land units where
                                                                                                reserved water
                                                                                                rights exist.
                                                                                                Extended the
                                                                                                Federal
                                                                                                Subsistence
                                                                                                Board's
                                                                                                management to
                                                                                                all Federal
                                                                                                lands selected
                                                                                                under the Alaska
                                                                                                Native Claims
                                                                                                Settlement Act
                                                                                                and the Alaska
                                                                                                Statehood Act
                                                                                                and situated
                                                                                                within the
                                                                                                boundaries of a
                                                                                                Conservation
                                                                                                System Unit,
                                                                                                National
                                                                                                Recreation Area,
                                                                                                National
                                                                                                Conservation
                                                                                                Area, or any new
                                                                                                national forest
                                                                                                or forest
                                                                                                addition, until
                                                                                                conveyed to the
                                                                                                State of Alaska
                                                                                                or to an Alaska
                                                                                                Native
                                                                                                Corporation.
                                                                                                Specified and
                                                                                                clarified the
                                                                                                Secretaries'
                                                                                                authority to
                                                                                                determine when
                                                                                                hunting,
                                                                                                fishing, or
                                                                                                trapping
                                                                                                activities
                                                                                                taking place in
                                                                                                Alaska off the
                                                                                                public lands
                                                                                                interfere with
                                                                                                the subsistence
                                                                                                priority.
66 FR 31533..............  June 12, 2001................  Interim Rule.......................  Expanded the
                                                                                                authority that
                                                                                                the Board may
                                                                                                delegate to
                                                                                                agency field
                                                                                                officials and
                                                                                                clarified the
                                                                                                procedures for
                                                                                                enacting
                                                                                                emergency or
                                                                                                temporary
                                                                                                restrictions,
                                                                                                closures, or
                                                                                                openings.
67 FR 30559..............  May 7, 2002..................  Final Rule.........................  Amended the
                                                                                                operating
                                                                                                regulations in
                                                                                                response to
                                                                                                comments on the
                                                                                                June 12, 2001,
                                                                                                interim rule.
                                                                                                Also corrected
                                                                                                some inadvertent
                                                                                                errors and
                                                                                                oversights of
                                                                                                previous rules.
68 FR 7703...............  February 18, 2003............  Direct Final Rule..................  Clarified how old
                                                                                                a person must be
                                                                                                to receive
                                                                                                certain
                                                                                                subsistence use
                                                                                                permits and
                                                                                                removed the
                                                                                                requirement that
                                                                                                Regional
                                                                                                Councils must
                                                                                                have an odd
                                                                                                number of
                                                                                                members.
68 FR 23035..............  April 30, 2003...............  Affirmation of Direct Final Rule...  Because no
                                                                                                adverse comments
                                                                                                were received on
                                                                                                the direct final
                                                                                                rule (67 FR
                                                                                                30559), the
                                                                                                direct final
                                                                                                rule was
                                                                                                adopted.
69 FR 60957..............  October 14, 2004.............  Final Rule.........................  Clarified the
                                                                                                membership
                                                                                                qualifications
                                                                                                for Regional
                                                                                                Advisory Council
                                                                                                membership and
                                                                                                relocated the
                                                                                                definition of
                                                                                                ``regulatory
                                                                                                year'' from
                                                                                                subpart A to
                                                                                                subpart D of the
                                                                                                regulations.
70 FR 76400..............  December 27, 2005............  Final Rule.........................  Revised
                                                                                                jurisdiction in
                                                                                                marine waters
                                                                                                and clarified
                                                                                                jurisdiction
                                                                                                relative to
                                                                                                military lands.
71 FR 49997..............  August 24, 2006..............  Final Rule.........................  Revised the
                                                                                                jurisdiction of
                                                                                                the subsistence
                                                                                                program by
                                                                                                adding submerged
                                                                                                lands and waters
                                                                                                in the area of
                                                                                                Makhnati Island,
                                                                                                near Sitka, AK.
                                                                                                This allowed
                                                                                                subsistence
                                                                                                users to harvest
                                                                                                marine resources
                                                                                                in this area
                                                                                                under seasons,
                                                                                                harvest limits,
                                                                                                and methods
                                                                                                specified in the
                                                                                                regulations.
72 FR 25688..............  May 7, 2007..................  Final Rule.........................  Revised nonrural
                                                                                                determinations.
75 FR 63088..............  October 14, 2010.............  Final Rule.........................  Amended the
                                                                                                regulations for
                                                                                                accepting and
                                                                                                addressing
                                                                                                special action
                                                                                                requests and the
                                                                                                role of the
                                                                                                Regional
                                                                                                Advisory
                                                                                                Councils in the
                                                                                                process.
76 FR 56109..............  September 12, 2011...........  Final Rule.........................  Revised the
                                                                                                composition of
                                                                                                the Board.
----------------------------------------------------------------------------------------------------------------

    An environmental assessment was prepared in 1997 on the expansion 
of Federal jurisdiction over fisheries and is available from the office 
listed under FOR FURTHER INFORMATION CONTACT. The Secretaries 
determined that the expansion of Federal jurisdiction did not 
constitute a major Federal action significantly affecting the human 
environment and, therefore, signed a Finding of No Significant Impact.

Section 810 of ANILCA

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

Paperwork Reduction Act

    An agency may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid Office of Management and Budget (OMB) control number. This rule 
does not contain any new collections of information that require OMB 
approval. OMB has reviewed and approved the following collections of 
information associated with the subsistence regulations at 36 CFR part 
242 and 50 CFR part 100: Subsistence hunting and fishing applications, 
permits, and reports, Federal Subsistence Regional Advisory Council 
Membership Application/Nomination and Interview Forms (OMB Control No. 
1018-0075 expires January 31, 2013).

[[Page 12481]]

Regulatory Planning and Review (Executive Order 12866)

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this rule under Executive 
Order 12866. OMB bases its determination upon the following four 
criteria:
    a. Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    b. Whether the rule will create inconsistencies with other 
agencies' actions.
    c. Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    d. Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
In general, the resources to be harvested under this rule are already 
being harvested and consumed by the local harvester and do not result 
in an additional dollar benefit to the economy. Therefore, the 
Departments certify that this rulemaking will not have a significant 
economic effect on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

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

Executive Order 12630

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

Unfunded Mandates Reform Act

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

Executive Order 12988

    The Secretaries have determined that these regulations meet the 
applicable standards provided in sections 3(a) and 3(b)(2) of Executive 
Order 12988, regarding civil justice reform.

Executive Order 13132

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

Executive Order 13175

    Title VIII of ANILCA provides rights to all Federally qualified 
rural residents for the subsistence taking of wildlife, fish, and 
shellfish. However, the Board provides Federally recognized Tribes and 
Alaska Native Corporations an opportunity to consult on all subsistence 
issues. 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 Secretaries, through the Board, provide a variety of 
opportunities for tribal consultation: Commenting on proposed changes 
to an existing rule; engaging in dialogue at the 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 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 
Peter J. Probasco of the Office of Subsistence Management, Alaska 
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. 
Additional assistance was provided by:
    <bullet> Daniel Sharp, Alaska State Office, Bureau of Land 
Management;
    <bullet> Sandy Rabinowitch and Nancy Swanton, Alaska Regional 
Office, National Park Service;
    <bullet> Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian 
Affairs;
    <bullet> Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife 
Service; and
    <bullet> Steve Kessler, 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.

Regulation Promulgation

    For the reasons set forth in the preamble, the Federal Subsistence 
Board, under the authority at 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 
18 U.S.C. 3551-3586; and 43 U.S.C. 1733, announces that the compliance 
date for the nonrural determinations for Prudhoe Bay, and the adjusted 
boundaries of the nonrural areas of: the Kenai Area; the Wasilla/Palmer 
Area, including Point McKenzie; the Homer Area, including Fritz Creek 
East (except Voznesenka) and the North Fork Road area; and the 
Ketchikan Area, including Saxman and portions of Gravina Island 
contained in 36 CFR 242.23 and 50 CFR 100.23 as revised on May 7, 2007 
(72 FR 25688) is delayed until either the review of the rural 
determination process and the rural determination findings are 
completed or 5 years, whichever comes first. A document announcing the 
compliance date will be published in the Federal Register at a later 
date.


[[Page 12482]]


    Dated: February 23, 2012.
Peter J. Probasco,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting 
Chair, Federal Subsistence Board.
    Dated: February 16, 2012.
Beth G. Pendleton,
Regional Forester, USDA--Forest Service.
[FR Doc. 2012-4786 Filed 2-29-12; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P


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