Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 15155 

special districts), with a population of 

less than 50,000. 

The small entities that this proposed 

regulatory action would affect are LEAs, 

including charter schools that operate as 

LEAs under State law; institutions of 

higher education; other public agencies; 

private nonprofit organizations; freely 

associated States and outlying areas; 

Indian Tribes or Tribal organizations; 

and for-profit organizations. We believe 

that the costs imposed on an applicant 

by the proposed priority would be 

limited to paperwork burden related to 

preparing an application and that the 

benefits of the proposed priority would 

outweigh any costs incurred by the 

applicant. 

Participation in the Technical 

Assistance on State Data Collection 

program is voluntary. For this reason, 

the proposed priority would impose no 

burden on small entities unless they 

applied for funding under the program. 

We expect that in determining whether 

to apply for Technical Assistance on 

State Data Collection program funds, an 

eligible entity would evaluate the 

requirements of preparing an 

application and any associated costs 

and weigh them against the benefits 

likely to be achieved by receiving a 

Technical Assistance on State Data 

Collection program grant. An eligible 

entity probably would apply only if it 

determines that the likely benefits 

exceed the costs of preparing an 

application. 

We believe that the proposed priority 

would not impose any additional 

burden on a small entity applying for a 

grant than the entity would face in the 

absence of the proposed action. That is, 

the length of the applications those 

entities would submit in the absence of 

the proposed regulatory action and the 

time needed to prepare an application 

would likely be the same. 

This proposed regulatory action 

would not have a significant economic 

impact on a small entity once it receives 

a grant because it would be able to meet 

the costs of compliance using the funds 

provided under this program. We invite 

comments from eligible small entities as 

to whether they believe this proposed 

regulatory action would have a 

significant economic impact on them 

and, if so, request evidence to support 

that belief. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document and a copy of the 

application package in an accessible 

format. The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Katherine Neas, 

Deputy Assistant Secretary, delegated the 

authority to perform the functions and duties 

of the Assistant Secretary for the Office of 

Special Education and Rehabilitative 

Services. 

[FR Doc. 2022–05716 Filed 3–15–22; 11:15 am] 

BILLING CODE 4000–01–P 

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–2021–0039; 

FXFR13350700640–223–FF07J00000] 

RIN 1018–BF19 

Subsistence Management Regulations 

for Public Lands in Alaska—2023–24 

and 2024–25 Subsistence Taking of 

Fish and Shellfish Regulations 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

establish regulations for fish and 

shellfish seasons, harvest limits, 

methods, and means related to taking of 

fish and shellfish for subsistence uses 

during the 2023–2024 and 2024–2025 

regulatory years. The Federal 

Subsistence Board (Board) is on a 

schedule of completing the process of 

revising subsistence taking of fish and 

shellfish regulations in odd-numbered 

years and subsistence taking of wildlife 

regulations in even-numbered years; 

public proposal and review processes 

take place during the preceding year. 

The Board also addresses customary and 

traditional use determinations during 

the applicable cycle; in addition, during 

the rulemaking cycle for the fish and 

shellfish regulations, the Board will 

accept proposals for nonrural 

determinations. When final, the 

resulting rulemaking will replace the 

existing subsistence fish and shellfish 

taking regulations. This proposed rule 

could also amend the general 

regulations on subsistence taking of fish 

and wildlife. 

DATES:

Public meetings: The Federal 

Subsistence Regional Advisory Councils 

will hold public meetings to receive 

comments and make proposals to 

change this proposed rule February 8 

through March 24, 2022, and 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 September 20 and November 2, 

2022. The Board will discuss and 

evaluate proposed regulatory changes 

during a public meeting in Anchorage, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
15156 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 

AK, in January 2023. See 

SUPPLEMENTARY INFORMATION for specific 

information on dates and locations of 

the public meetings. 

Public comments: Comments and 

proposals to change this proposed rule 

must be received or postmarked by May 

16, 2022. 

ADDRESSES:

Public meetings: The Federal 

Subsistence Board and the Federal 

Subsistence Regional Advisory 

Councils’ public meetings are 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: https://

www.regulations.gov. In the Search box, 

enter Docket number FWS–R7–SM– 

2021–0039. Then, click on the Search 

button. On the resulting page, in the 

Search panel on the left side of the 

screen, under the Document Type 

heading, check the Proposed Rule box to 

locate this document. You may submit 

a comment by clicking on ‘‘Comment.’’ 

• By hard copy: Submit by U.S. mail 

or hand delivery: Public Comments 

Processing, Attn: FWS–R7–SM–2021– 

0039; U.S. Fish and Wildlife Service; 

5275 Leesburg Pike, MS: PRB (JAO/3W); 

Falls Church, VA 22041–3803. If inperson meetings are held, you may also 

deliver a hard copy 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 https:// 

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: Sue Detwiler, Office of 

Subsistence Management; (907) 786– 

3888 or subsistence@fws.gov. For 

questions specific to National Forest 

System lands, contact Gregory Risdahl, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

(907) 302–7354 or gregory.risdahl@

usda.gov. 

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 (hereafter 

referred to as ‘‘the Secretaries’’) jointly 

implement the Federal Subsistence 

Management Program (hereafter referred 

to as ‘‘the Program’’). The Program 

provides a preference for take of fish 

and wildlife resources for subsistence 

uses on Federal public lands and waters 

in Alaska. Only Alaska residents of 

areas identified as rural are eligible to 

participate in the Program. The 

Secretaries published temporary 

regulations to carry out the Program in 

the Federal Register on June 29, 1990 

(55 FR 27114), and final regulations on 

May 29, 1992 (57 FR 22940). Program 

officials have subsequently amended 

these regulations a number of times. 

Because the Program is a joint effort 

between the Departments of the Interior 

and Agriculture, these regulations are 

located in two titles of the Code of 

Federal Regulations (CFR): The 

Agriculture regulations are at title 36, 

‘‘Parks, Forests, and Public Property,’’ 

and the Interior regulations are at title 

50, ‘‘Wildlife and Fisheries,’’ at 36 CFR 

242.1–28 and 50 CFR 100.1–28, 

respectively. Consequently, to indicate 

that identical changes are proposed for 

regulations in both titles 36 and 50, in 

this document we will present 

references to specific sections of the 

CFR as shown in the following example: 

§ ll.24. 

The Program 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 Program. The Board comprises: 

• A Chair appointed by the Secretary 

of the Interior with concurrence of the 

Secretary of Agriculture; 

• The Alaska Regional Director, U.S. 

Fish and Wildlife Service; 

• The Alaska Regional Director, 

National Park Service; 

• The Alaska State Director, Bureau 

of Land Management; 

• The Alaska Regional Director, 

Bureau of Indian Affairs; 

• The Alaska Regional Forester, U.S. 

Forest Service; and 

• Two public members appointed by 

the Secretary of the Interior with 

concurrence of the Secretary of 

Agriculture. 

Through the Board, these agencies 

and public members participate in the 

development of regulations for subparts 

C and D. Subpart C sets forth important 

Board determinations regarding program 

eligibility, i.e., which areas of Alaska are 

considered rural and which species are 

harvested in those areas as part of a 

‘‘customary and traditional use’’ for 

subsistence purposes. Subpart D sets 

forth 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 will have a 

substantial role in reviewing this 

proposed rule and making 

recommendations for the final rule. The 

Federal Subsistence Board, through the 

Federal Subsistence Regional Advisory 

Councils, will hold public meetings via 

teleconference on this proposed rule on 

the following dates: 

Region 1—Southeast Regional Council— 

March 22, 2022 

Region 2—Southcentral Regional 

Council—February 10, 2022 

Region 3—Kodiak/Aleutians Regional 

Council—February 22, 2022 

Region 4—Bristol Bay Regional 

Council—February 8, 2022 

Region 5—Yukon–Kuskokwim Delta 

Regional Council—March 1, 2022 

Region 6—Western Interior Regional 

Council—February 16, 2022 

Region 7—Seward Peninsula Regional 

Council—March 3, 2022 

Region 8—Northwest Arctic Regional 

Council—February 14, 2022 

Region 9—Eastern Interior Regional 

Council—March 8, 2022 

Region 10—North Slope Regional 

Council—March 8, 2022 

Teleconferences are being held in lieu 

of in-person meetings due to public 

health and safety restrictions that are in 

effect. A public notice of specific dates, 

times, call-in number(s), and how to 

participate and provide public 

testimony will be published in local and 

statewide newspapers prior to each 

meeting. 

During April 2022, the written 

proposals to change the regulations at 

subpart D, take of fish and shellfish, and 

subpart C, customary and traditional use 

and nonrural determinations, will be 


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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 15157 

compiled and distributed for public 

review. Written public comments will 

be accepted on the distributed proposals 

during a second 30-day public comment 

period, which will be announced in 

statewide newspaper and radio ads and 

posted to the program web page and 

social media. The Board, through the 

Regional Advisory Councils, will hold a 

second series of public meetings in 

September through November 2022, to 

receive comments on specific proposals 

and to develop recommendations to the 

Board on the following dates: 

Region 1—Southeast Regional Council— 

October 25, 2022 

Region 2—Southcentral Regional 

Council—October 13, 2022 

Region 3—Kodiak/Aleutians Regional 

Council—September 20, 2022 

Region 4—Bristol Bay Regional 

Council—November 1, 2022 

Region 5—Yukon–Kuskokwim Delta 

Regional Council—October 27, 2022 

Region 6—Western Interior Regional 

Council—October 19, 2022 

Region 7—Seward Peninsula Regional 

Council—October 4, 2022 

Region 8—Northwest Arctic Regional 

Council—October 31, 2022 

Region 9—Eastern Interior Regional 

Council—October 5, 2022 

Region 10—North Slope Regional 

Council—October 13, 2022 

Teleconferences will substitute for inperson meetings based on current public 

health and safety restrictions in effect. A 

public notice of specific dates, times, 

call-in number(s), and how to 

participate and provide public 

testimony will be published in local and 

statewide newspapers prior to each 

meeting. The amount of work on each 

Regional Advisory Council’s agenda 

determines the length of each Regional 

Advisory Council meeting, but typically 

the meetings are scheduled to last 2 

days. Occasionally a Council will lack 

information necessary during a 

scheduled meeting to make a 

recommendation to the Board or to 

provide comments on other matters 

affecting subsistence in the region. If 

this situation occurs, the Council may 

announce on the record a later 

teleconference to address the specific 

issue when the requested information or 

data is available; it is noted that any 

follow up teleconference would be an 

exception and must be approved, in 

advance, by the Assistant Regional 

Director for the Office of Subsistence 

Management. These teleconferences are 

open to the public, along with 

opportunities for public comment; the 

date and time will be announced during 

the scheduled meeting and that same 

information will be announced through 

news releases and local radio, 

television, and social media ads. 

The Board will discuss and evaluate 

proposed changes to the subsistence 

management regulations during a public 

meeting scheduled to be held in 

Anchorage, Alaska, in January 2023. 

The Federal Subsistence Regional 

Advisory Council Chairs, or their 

designated representatives, will present 

their respective Councils’ 

recommendations at the Board meeting. 

Additional oral testimony may be 

provided on specific proposals before 

the Board at that time. At that public 

meeting, the Board will deliberate and 

take final action on proposals received 

that request changes to this proposed 

rule. 

Proposals to the Board to modify the 

general fish and wildlife regulations, 

fish and shellfish harvest regulations, 

and customary and traditional use 

determinations must include the 

following information: 

a. Name, address, and telephone 

number of the requestor; 

b. Each section and/or paragraph 

designation in this proposed rule for 

which changes are suggested, if 

applicable; 

c. A description of the regulatory 

change(s) desired; 

d. A statement explaining why each 

change is necessary; 

e. Proposed wording changes; and 

f. Any additional information that you 

believe will help the Board in 

evaluating the proposed change. 

Proposals to the Board to modify the 

nonrural determinations must include 

the following information: 

a. Full name and mailing address of 

the proponent; 

b. A statement describing the 

proposed nonrural determination action 

requested; 

c. A detailed description of the 

community or area under consideration, 

including any current boundaries, 

borders, or distinguishing landmarks, so 

as to identify which Alaska residents 

would be affected by the change in 

nonrural status; 

d. Rationale and supporting evidence 

(law, policy, factors, or guidance) for the 

Board to consider in determining the 

nonrural status of a community or area; 

e. A detailed statement of the facts 

that illustrate that the community or 

area is nonrural or rural using the 

rationale and supporting evidence 

stated above; and 

f. Any additional information 

supporting 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 

§§ ll.23 and ll.24, subpart C (the 

regulations governing nonrural 

determinations and customary and 

traditional use), and §§ll.25, ll.27, 

and ll.28 of subpart D (the general 

and specific regulations governing the 

subsistence take of fish and shellfish). If 

a proposal needs clarification, prior to 

being distributed for public review, the 

proponent may be contacted, and the 

proposal could be revised based on their 

input. Once a proposal is distributed for 

public review, no additional changes 

may be made as part of the original 

submission. During the January 2023 

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 

https://www.regulations.gov, your entire 

comment, including any personal 

identifying information, will be posted 

on the website. 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 

https://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 https://www.regulations.gov at 

Docket No. FWS–R7–SM–2021–0039, or 

by appointment, provided no public 

health or safety restrictions are in effect, 

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. 


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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 

Robbin La Vine, 907–786–3888, 

subsistence@fws.gov, or 800–877–8339 

(TTY), 7 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 82 FR 4915 (January 17, 2017). 

Consultation with Alaska Native 

corporations is based on Public Law 

108–199, div. H, Sec. 161, Jan. 23, 2004, 

118 Stat. 452, as amended by Public 

Law 108–447, div. H, title V, Sec. 518, 

Dec. 8, 2004, 118 Stat. 3267, which 

provides that: ‘‘The Director of the 

Office of Management and Budget and 

all Federal agencies shall hereafter 

consult with Alaska Native corporations 

on the same basis as Indian tribes under 

Executive Order No. 13175.’’ 

The Alaska National Interest Lands 

Conservation Act does not provide 

specific rights to Tribes for the 

subsistence taking of wildlife, fish, and 

shellfish. However, because Tribal 

members are affected by subsistence 

fishing, hunting, and trapping 

regulations, the Secretaries, through the 

Board, will provide Federally 

recognized Tribes and Alaska Native 

corporations an opportunity to consult 

on this proposed rule. 

The Board will engage in outreach 

efforts for this proposed rule, including 

a notification letter, to ensure that 

Tribes and Alaska Native corporations 

are advised of the mechanisms by which 

they can participate. The Board 

provides a variety of opportunities for 

consultation: Proposing changes to the 

existing rule; commenting on proposed 

changes to the existing rule; engaging in 

dialogue at the Regional Council 

meetings; engaging in dialogue at the 

Board’s meetings; and providing input 

in person, by mail, email, or phone at 

any time during the rulemaking process. 

The Board will commit to efficiently 

and adequately providing an 

opportunity to Tribes and Alaska Native 

corporations for consultation in regard 

to subsistence rulemaking. 

The Board will consider Tribes’ and 

Alaska Native corporations’ 

information, input, and 

recommendations, and address their 

concerns as much as practicable. 

Developing the 2023–24 and 2024–25 

Fish and Shellfish Seasons and Harvest 

Limit Proposed Regulations 

In titles 36 and 50 of the CFR, the 

subparts C and D regulations are subject 

to periodic review and revision. The 

Board currently completes the process 

of revising subsistence take of fish and 

shellfish regulations in odd-numbered 

years and wildlife regulations in evennumbered 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. Nonrural determinations are 

taken up during fish and shellfish 

cycles. 

Based on a revised Board policy, the 

Board will start reviewing closures to 

the take of fish/shellfish and wildlife 

during each applicable cycle. The 

following table lists the current closures 

being reviewed for this cycle. In 

reviewing a closure, the Board may 

maintain, modify, or rescind the 

closure. If a closure is rescinded, the 

regulations will revert to the existing 

regulations in place prior to the closure, 

or if no regulations were in place, any 

changes or the establishment of seasons, 

methods and means, and harvest limits 

must go through the full public review 

process. The public is encouraged to 

comment on these closures, and anyone 

recommending that a closure be 

rescinded should submit a proposal to 

establish regulations for the area that 

was closed. 

TABLE 1—FISH AND SHELLFISH CLOSURES TO BE REVIEWED BY THE FEDERAL SUBSISTENCE BOARD FOR THE 2023– 

2024 AND 2024–2025 REGULATORY YEARS

Fishery management area Closure area 

Yukon/Northern Area ...................... Kanuti River (all fish). 

Yukon/Northern Area ...................... Bonanza Creek (all fish). 

Yukon/Northern Area ...................... Jim River, including Prospect and Douglas Creeks (all fish). 

Yukon/Northern Area ...................... Delta River (all fish). 

Yukon/Northern Area ...................... Nome Creek in Beaver Creek Drainage (Grayling). 

Aleutians Area ................................. Unalaska Lake (Salmon)—The waters of Unalaska Lake, its tributaries and outlet streams. 

Aleutians Area ................................. Summers and Morris Lakes (Salmon)—The waters of Summers and Morris Lakes and their tributaries and 

outlet streams. 

Aleutian Area .................................. Unalaska Bay Freshwater Streams (Salmon/Anadromous Fish)—All streams supporting anadromous fish 

runs that flow into Unalaska Bay south of a line from the northern tip of Cape Cheerful to the northern 

tip of Kalekta Point. 

Aleutians Area ................................. Mclees Lake (Salmon)—Waters of McLees Lake and its tributaries and outlet streams. 

Aleutian Area .................................. Adak and Kagalaska Freshwaters (Salmon)—All freshwater on Adak and Kagalaska Islands in the Adak 

District. 

Alaska Peninsula Area .................... Russel Creek and Nurse Lagoon (Salmon)—Waters of Russel Creek and Nurse Lagoon and within 500 

yards outside of the mouth of Nurse Lagoon. 

Kodiak Area .................................... Womens Bay (Salmon)—All waters inside a line from the tip of the Nyman Peninsula (57°43.23′ N lat. 

152°31.51′ W long.), to the northeastern tip of Mary’s Island (57°42.40′ N lat., 152°32.00′ W long.), to 

the southeastern shore of Womens Bay at 57°41.95′ N lat., 152°31.50′ W long. 

Kodiak Area .................................... Russel Creek and Nurse Lagoon (Salmon)—Waters of Russel Creek and Nurse Lagoon and within 500 

yards outside of the mouth of Nurse Lagoon. 

Kodiak Area .................................... Buskin River Marine Waters (Salmon)—All waters inside of a line running from a marker on the bluff north 

of the mouth of the Buskin River at approximately 57°45.80′ N latitude, 152°28.38′ W longitude, to a 

point offshore at 57°45.35′ N latitude, 152°28.15′ W longitude, to a marker located onshore south of the 

river mouth at approximately 57°45.15′ N latitude, 152°28.65′ W longitude. 

Kodiak Area .................................... Selief Bay Creek—All waters (Salmon): Fishing within 100 yards of the terminus of Selief Bay Creek. 


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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 15159 

TABLE 1—FISH AND SHELLFISH CLOSURES TO BE REVIEWED BY THE FEDERAL SUBSISTENCE BOARD FOR THE 2023– 

2024 AND 2024–2025 REGULATORY YEARS—Continued 

Fishery management area Closure area 

Kodiak Area .................................... Afognak Bay (Salmon)—All waters north and west of a line from the tip of Last Point to the tip of River 

Mouth Point. 

Kodiak Area .................................... Afognak Island Freshwaters (Salmon)—All freshwater systems of Afognak Island. 

Kodiak Area .................................... Little Kitoi Creek (Salmon)—All waters 500 yards seaward of the mouth. 

Kodiak Area .................................... The waters of the Pacific Ocean enclosed by the boundaries of Womens Bay, Gibson Cove (King Crab), 

and an area defined by a line 1⁄2 mile on either side of the mouth of the Karluk River, and extending 

seaward 3,000 feet, and all waters within 1,500 feet seaward of the shoreline of Afognak Island. 

Southeastern Alaska Area .............. Taku River (Salmon). 

Southeastern Alaska Area .............. Neva Lake, Neva Creek, and South Creek (Sockeye Salmon). 

The current subsistence program 

regulations form the starting point for 

consideration during each new 

rulemaking cycle. Consequently, in this 

rulemaking action pertaining to fish and 

shellfish, the Board will consider 

proposals to revise the regulations in 

any of the following sections of titles 36 

and 50 of the CFR: 

• § ll.23: rural determinations; 

• § ll.24: customary and traditional 

use determinations; 

• § ll.25: general provisions 

governing the subsistence take of 

wildlife, fish, and shellfish; 

• § ll.27: specific provisions 

governing the subsistence take of fish; 

and 

• § ll.28: specific provisions 

governing the subsistence take of 

shellfish. 

As such, the text of the proposed 2023– 

25 subparts C and D subsistence 

regulations in titles 36 and 50 is the 

combined text of previously issued rules 

that revised these sections of the 

regulations. The following Federal 

Register citations show when these CFR 

sections were last revised. Therefore, 

the regulations established by these 

three final rules constitute the text of 

this proposed rule: 

The text of the proposed amendments 

to 36 CFR 242.23 and 242.27 and 50 

CFR 100.23 and 100.27 is the final rule 

for the 2021–2023 regulatory period for 

fish (86 FR 17713; April 6, 2021). 

The text of the proposed amendments 

to 36 CFR 242.24 and 50 CFR 100.24 is 

the final rule for the 2019–2021 

regulatory period for fish (85 FR 74796; 

November 23, 2020). 

The text of the proposed amendments 

to 36 CFR 242.25 and 50 CFR 100.25 is 

the final rule for the 2018–20 regulatory 

period for wildlife (83 FR 50758; 

October 9, 2018). 

The text of the proposed amendments 

to 36 CFR 242.28 and 50 CFR 100.28 is 

the final rule for the 2011–13 regulatory 

period for fish and shellfish (76 FR 

12564; March 8, 2011). 

These regulations will remain in 

effect until subsequent Board action 

changes elements as a result of the 

public review process outlined above in 

this document and a final rule is 

published. 

Compliance With Statutory and 

Regulatory Authorities 

National Environmental Policy Act 

A Draft Environmental Impact 

Statement that described four 

alternatives for developing a Federal 

Subsistence Management Program was 

distributed for public comment on 

October 7, 1991. The Final 

Environmental Impact Statement (FEIS) 

was published on February 28, 1992. 

The Record of Decision (ROD) on 

Subsistence Management for Federal 

Public Lands in Alaska was signed April 

6, 1992. The selected alternative in the 

FEIS (Alternative IV) defined the 

administrative framework of an annual 

regulatory cycle for subsistence 

regulations. 

A 1997 environmental assessment 

dealt with the expansion of Federal 

jurisdiction over fisheries and is 

available at the office listed under FOR

FURTHER INFORMATION CONTACT. The 

Secretary of the Interior, with 

concurrence of the Secretary of 

Agriculture, determined that expansion 

of Federal jurisdiction does not 

constitute a major Federal action 

significantly affecting the human 

environment and, therefore, signed a 

Finding of No Significant Impact. 

Section 810 of ANILCA 

An ANILCA section 810 analysis was 

completed as part of the FEIS process on 

the Federal Subsistence Management 

Program. The intent of all Federal 

subsistence regulations is to accord 

subsistence uses of fish and wildlife on 

public lands a priority over the taking 

of fish and wildlife on such lands for 

other purposes, unless restriction is 

necessary to conserve healthy fish and 

wildlife populations. The final section 

810 analysis determination appeared in 

the April 6, 1992, ROD and concluded 

that the Federal Subsistence 

Management Program, under 

Alternative IV with an annual process 

for setting subsistence regulations, may 

have some local impacts on subsistence 

uses, but will not likely restrict 

subsistence uses significantly. 

During the subsequent environmental 

assessment process for extending 

fisheries jurisdiction, an evaluation of 

the effects of the subsistence program 

regulations was conducted in 

accordance with section 810. This 

evaluation also supported the 

Secretaries’ determination that the 

regulations will not reach the ‘‘may 

significantly restrict’’ threshold that 

would require notice and hearings 

under ANILCA section 810(a). 

Paperwork Reduction Act of 1995 (PRA) 

This proposed rule does not contain 

any new collections of information that 

require Office of Management and 

Budget (OMB) approval under the PRA 

(44 U.S.C. 3501 et seq.). OMB has 

reviewed and approved the collections 

of information associated with the 

subsistence regulations at 36 CFR part 

242 and 50 CFR part 100, and assigned 

OMB Control Number 1018–0075, with 

an expiration date of January 31, 2024. 

We 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. 

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, 


khammond on DSKJM1Z7X2PROD with PROPOSALS
15160 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Proposed Rules 

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 proposed 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 Federal public lands and 

waters. 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 proposed rulemaking will 

not impose a cost of $100 million or 

more in any given year on local or State 

governments or private entities. The 

implementation of this rule is by 

Federal agencies and there is no cost 

imposed on any State or local entities or 

Tribal governments. 

Executive Order 12988 

The Secretaries have determined that 

these regulations meet the applicable 

standards provided in sections 3(a) and 

3(b)(2) of Executive Order 12988, 

regarding civil justice reform. 

Executive Order 13132 

In accordance with Executive Order 

13132, the proposed rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

assessment. Title VIII of ANILCA 

precludes the State from exercising 

subsistence management authority over 

fish and wildlife resources on Federal 

lands unless it meets certain 

requirements. 

Executive Order 13175 

Title VIII of ANILCA does not provide 

specific rights to Tribes for the 

subsistence taking of wildlife, fish, and 

shellfish. However, as described above 

under Tribal Consultation and 

Comment, the Secretaries, through the 

Board, will provide federally recognized 

Tribes and Alaska Native corporations 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 this 

proposed rule under the guidance of 

Sue Detwiler of the Office of 

Subsistence Management, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service, Anchorage, Alaska. Additional 

assistance was provided by: 

• Chris McKee, Alaska State Office, 

Bureau of Land Management; 

• Dr. Kim Jochum, Alaska Regional 

Office, National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Jill Klein, Alaska Regional Office, 

U.S. Fish and Wildlife Service; and 

• Gregory Risdahl, Alaska Regional 

Office, USDA—Forest Service. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

Proposed Regulation Promulgation 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board proposes to amend 36 CFR part 

242 and 50 CFR part 100 for the 2023– 

24 and 2024–25 regulatory years. 

The text of the proposed amendments 

to 36 CFR 242.23 and 242.27 and 50 

CFR 100.23 and 100.27 matches the 

amendatory instructions in 86 FR 

17713; April 6, 2021 (which is the final 

rule for the 2021–2023 regulatory period 

for fish). 

The text of the proposed amendments 

to 36 CFR 242.24 and 50 CFR 100.24 

matches the amendatory instructions in 

85 FR 74796; November 23, 2020 (which 

is the final rule for the 2019–2021 

regulatory period for fish). 

The text of the proposed amendments 

to 36 CFR 242.25 and 50 CFR 100.25 

matches the amendatory instructions in 

83 FR 50758; October 9, 2018 (which is 

the final rule for the 2018–20 regulatory 

period for wildlife). 

The text of the proposed amendments 

to 36 CFR 242.28 and 50 CFR 100.28 

matches the amendatory instructions in 

76 FR 12564; March 8, 2011 (which is 

the final rule for the 2011–13 regulatory 

period for fish and shellfish). 

Sue Detwiler, 

Assistant Regional Director, U.S. Fish and 

Wildlife Service. 

Gregory Risdahl, 

Subsistence Program Leader, USDA—Forest 

Service. 

[FR Doc. 2022–05616 Filed 3–16–22; 8:45 am] 

BILLING CODE 4333–15–P; 3411–15–P 


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