Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 3079 

Dated: January 18, 2018. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2018–01168 Filed 1–22–18; 8:45 am] 

BILLING CODE 5001–06–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–2015–0003; 

FXFR13350700640–167–FF07J00000; 

FBMS#4500096963] 

RIN 1018–BA76 

Subsistence Management Regulations 

for Public Lands in Alaska—2017–18 

and 2018–19 Subsistence Taking of 

Fish Regulations 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

regulations for seasons, harvest limits, 

methods, and means related to taking of 

fish for subsistence uses in Alaska 

during the 2017–2018 and 2018–2019 

regulatory years. The Federal 

Subsistence Board (Board) completes 

the biennial process of revising 

subsistence hunting and trapping 

regulations in even-numbered years and 

subsistence fishing and shellfish 

regulations in odd-numbered years; 

public proposal and review processes 

take place during the preceding year. 

The Board also addresses customary and 

traditional use determinations during 

the applicable biennial cycle. This rule 

also revises fish customary and 

traditional use determinations. 

DATES: This rule is effective January 23, 

2018. 

ADDRESSES: The Board meeting 

transcripts are available for review at 

the Office of Subsistence Management, 

1011 East Tudor Road, Mail Stop 121, 

Anchorage, AK 99503, or on the Office 

of Subsistence Management website 

(https://www.doi.gov/subsistence). The 

comments received in response to the 

proposed rule are available on 

www.regulations.gov in Docket No. 

FWS–R7–SM–2015–0003. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Eugene R. Peltola, Jr., Office 

of Subsistence Management; (907) 786– 

3888 or subsistence@fws.gov. For 

questions specific to National Forest 

System lands, contact Thomas Whitford, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

(907) 743–9461 or twhitford@fs.fed.us. 

SUPPLEMENTARY INFORMATION: 

Background 

Under Title VIII of the Alaska 

National Interest Lands Conservation 

Act (ANILCA) (16 U.S.C. 3111–3126), 

the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

jointly implement the Federal 

Subsistence Management Program. This 

program provides a preference for take 

of fish and wildlife resources for 

subsistence uses on Federal public 

lands and waters in Alaska. The 

Secretaries published temporary 

regulations to carry out this program in 

the Federal Register on June 29, 1990 

(55 FR 27114), and published final 

regulations in the Federal Register on 

May 29, 1992 (57 FR 22940). The 

Program managers have subsequently 

amended these regulations a number of 

times. Because this program is a joint 

effort between Interior and Agriculture, 

these regulations are located in two 

titles of the Code of Federal Regulations 

(CFR): Title 36, ‘‘Parks, Forests, and 

Public Property,’’ and Title 50, 

‘‘Wildlife and Fisheries,’’ at 36 CFR 

242.1–242.28 and 50 CFR 100.1–100.28, 

respectively. The regulations contain 

subparts as follows: Subpart A, General 

Provisions; Subpart B, Program 

Structure; Subpart C, Board 

Determinations; and Subpart D, 

Subsistence Taking of Fish and Wildlife. 

Consistent with subpart B of these 

regulations, the Secretaries established a 

Federal Subsistence Board to administer 

the Federal Subsistence Management 

Program. The Board comprises: 

• A Chair appointed by the Secretary 

of the Interior with concurrence of the 

Secretary of Agriculture; 

• The Alaska Regional Director, U.S. 

Fish and Wildlife Service; 

• The Alaska Regional Director, 

National Park Service; 

• The Alaska State Director, Bureau 

of Land Management; 

• The Alaska Regional Director, 

Bureau of Indian Affairs; 

• The Alaska Regional Forester, 

USDA Forest Service; and 

• Two public members appointed by 

the Secretary of the Interior with 

concurrence of the Secretary of 

Agriculture. 

Through the Board, these agencies 

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 Federal 

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. 

The Board addresses customary and 

traditional use determinations during 

the applicable biennial cycle. Section 

ll.24 (customary and traditional use 

determinations) was originally 

published in the Federal Register on 

May 29, 1992 (57 FR 22940). The 

regulations at 36 CFR 242.4 and 50 CFR 

100.4 define ‘‘customary and traditional 

use’’ as ‘‘a long-established, consistent 

pattern of use, incorporating beliefs and 

customs which have been transmitted 

from generation to generation. . . .’’ 

Since 1992, the Board has made a 

number of customary and traditional 

use determinations at the request of 

affected subsistence users. Those 

modifications, along with some 

administrative corrections, were 

published in the Federal Register as 

follows: 

MODIFICATIONS TO § ll.24 

Federal Register citation Date of publication 

Rule made changes to the 

following provisions 

of ll.24 

59 FR 27462 .................................................................... May 27, 1994 ................................................................... Wildlife and Fish/Shellfish. 

59 FR 51855 .................................................................... October 13, 1994 ............................................................. Wildlife and Fish/Shellfish. 

60 FR 10317 .................................................................... February 24, 1995 ........................................................... Wildlife and Fish/Shellfish. 


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3080 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 

MODIFICATIONS TO § ll.24—Continued 

Federal Register citation Date of publication 

Rule made changes to the 

following provisions 

of ll.24 

61 FR 39698 .................................................................... July 30, 1996 ................................................................... Wildlife and Fish/Shellfish. 

62 FR 29016 .................................................................... May 29, 1997 ................................................................... Wildlife and Fish/Shellfish. 

63 FR 35332 .................................................................... June 29, 1998 .................................................................. Wildlife and Fish/Shellfish. 

63 FR 46148 .................................................................... August 28, 1998 .............................................................. Wildlife and Fish/Shellfish. 

64 FR 1276 ...................................................................... January 8, 1999 ............................................................... Fish/Shellfish. 

64 FR 35776 .................................................................... July 1, 1999 ..................................................................... Wildlife. 

65 FR 40730 .................................................................... June 30, 2000 .................................................................. Wildlife. 

66 FR 10142 .................................................................... February 13, 2001 ........................................................... Fish/Shellfish. 

66 FR 33744 .................................................................... June 25, 2001 .................................................................. Wildlife. 

67 FR 5890 ...................................................................... February 7, 2002 ............................................................. Fish/Shellfish. 

67 FR 43710 .................................................................... June 28, 2002 .................................................................. Wildlife. 

68 FR 7276 ...................................................................... February 12, 2003 ........................................................... Fish/Shellfish. 

69 FR 5018 ...................................................................... February 3, 2004 ............................................................. Fish/Shellfish. 

69 FR 40174 .................................................................... July 1, 2004 ..................................................................... Wildlife. 

70 FR 13377 .................................................................... March 21, 2005 ................................................................ Fish/Shellfish. 

70 FR 36268 .................................................................... June 22, 2005 .................................................................. Wildlife. 

71 FR 15569 .................................................................... March 29, 2006 ................................................................ Fish/Shellfish. 

71 FR 37642 .................................................................... June 30, 2006 .................................................................. Wildlife. 

72 FR 12676 .................................................................... March 16, 2007 ................................................................ Fish/Shellfish. 

72 FR 73426 .................................................................... December 27, 2007 ......................................................... Wildlife/Fish. 

73 FR 35726 .................................................................... June 26, 2008 .................................................................. Wildlife. 

74 FR 14049 .................................................................... March 30, 2009 ................................................................ Fish/Shellfish. 

75 FR 37918 .................................................................... June 30, 2010 .................................................................. Wildlife. 

76 FR 12564 .................................................................... March 8, 2011 .................................................................. Fish/Shellfish. 

77 FR 35482 .................................................................... June 13, 2012 .................................................................. Wildlife. 

79 FR 35232 .................................................................... June 19, 2014 .................................................................. Wildlife. 

81 FR 52528 .................................................................... August 8, 2016 ................................................................ Wildlife. 

Current Rule 

The Departments published a 

proposed rule on February 22, 2016 (81 

FR 8675), to amend the fish section of 

subparts C and D of 36 CFR part 242 and 

50 CFR part 100. The proposed rule 

opened a comment period, which closed 

on April 1, 2016. The Departments 

advertised the proposed rule by mail, 

email, web page, social media, radio, 

and newspaper, and comments were 

submitted via www.regulations.gov to 

Docket No. FWS–R7–SM–2015–0003. 

During that period, the Councils met 

and, in addition to other Council 

business, received suggestions for 

proposals from the public. The Board 

received a total of 15 proposals for 

changes to subparts C and D; this 

included 1 proposal that was deemed 

invalid because it was beyond the scope 

of the Board’s authority. After the 

comment period closed, the Board 

prepared a booklet describing the 

proposals and distributed it to the 

public. The proposals were also 

available online. The public then had an 

additional 45 days in which to comment 

on the proposals for changes to the 

regulations. 

The 10 Councils met again, received 

public comments, and formulated their 

recommendations to the Board on 

proposals for their respective regions. 

The Councils had a substantial role in 

reviewing the proposed rule and making 

recommendations for the final rule. 

Moreover, a Council Chair, or a 

designated representative, presented 

each Council’s recommendations at the 

Board’s public meeting of January 10– 

12, 2017. These final regulations reflect 

Board review and consideration of 

Council recommendations, Tribal and 

Alaska Native corporation 

consultations, and public comments. 

The public received extensive 

opportunity to review and comment on 

all changes. 

Of the 14 valid proposals, 10 were on 

the Board’s regular agenda and 4 were 

on the consensus agenda. The 

consensus agenda is made up of 

proposals for which there is agreement 

among the affected Councils, a majority 

of the Interagency Staff Committee 

members, and the Alaska Department of 

Fish and Game concerning a proposed 

regulatory action. Anyone may request 

that the Board remove a proposal from 

the consensus agenda and place it on 

the non-consensus (regular) agenda. The 

Board votes en masse on the consensus 

agenda after deliberation and action on 

all other proposals. 

Of the proposals on the consensus 

agenda, the Board adopted one; adopted 

two with modification; and rejected one. 

Analysis and justification for the action 

taken on each proposal on the 

consensus agenda are available for 

review at the Office of Subsistence 

Management, 1011 East Tudor Road, 

Mail Stop 121, Anchorage, AK 99503, or 

on the Office of Subsistence 

Management website (https://

www.doi.gov/subsistence). Of the 

proposals on the regular (nonconsensus) agenda, the Board adopted 

one; adopted three with modification; 

rejected one; deferred one; withdrew 

three at the requests of the proponents; 

and took no action on one. 

Summary of Non-Consensus Proposals 

Not Adopted by the Board 

The Board rejected, deferred, or took 

no action on three non-consensus 

proposals. The rejected proposals were 

recommended for rejection by one or 

more of the Councils unless noted 

below. 

Yukon-Northern Area 

The Board rejected a proposal to 

allow for the harvest of early-run 

Chinook Salmon in sub-district 5D of 

the Yukon River based on conservation 

concerns and treaty obligations. This 

action was supported by three Councils 

and contrary to the recommendation of 

one Council. 

Kuskokwim Area 

The Board deferred action on one 

proposal to restructure the management 

plans, fishing schedules, and methods 

and means and allow for independent 

action to be taken by the in-season 


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manager on the Kuskokwim River. 

Action on this proposal was deferred 

until the next fish cycle, until the 

affected entities come to a conclusion, 

or a request to readdress this proposal 

is submitted. 

Cook Inlet Area 

The Board took no action on one 

proposal for the Kenai River. This 

decision was based on its earlier action 

on a similar proposal addressing a 

community gillnet. 

Summary of Non-Consensus Proposals 

Adopted by the Board 

The Board adopted or adopted with 

modification four non-consensus 

proposals. Modifications were suggested 

by the affected Council(s), developed 

during the analysis process, or 

developed during the Board’s public 

deliberations. All of the adopted 

proposals were recommended for 

adoption by at least one of the Councils 

unless noted below. 

Yukon-Northern Area 

The Board adopted a proposal to 

revise harvest limits to allow harvest 

once the mid-range of the interim 

management escapement goal and the 

total allowable catch goal are projected 

to be achieved on the Yukon River. 

The Board adopted a proposal with 

modification to revise the methods and 

means for the use of gillnets in 

Racetrack Slough of the Koyukuk River 

and the sloughs of the Huslia River 

drainage. 

Cook Inlet Area 

The Board adopted a proposal with 

modification to revise the season dates 

for the experimental community gillnet 

fishery on the Kasilof River for the 

residents of Ninilchik. 

The Board adopted a proposal to 

revise the season dates, reporting 

requirements, and household harvest 

limits, require the live release of 

Rainbow Trout and Dolly Varden, 

remove the requirement of an 

operational plan, and revise permit 

conditions for the community gillnet 

fishery on the Kenai River for the 

residents of Ninilchik. 

These final regulations reflect Board 

review and consideration of Council 

recommendations, Tribal and Alaska 

Native corporation consultations, and 

public comments. Because this rule 

concerns public lands managed by an 

agency or agencies in both the 

Departments of Agriculture and the 

Interior, identical text will be 

incorporated into 36 CFR part 242 and 

50 CFR part 100. 

Conformance With Statutory and 

Regulatory Authorities 

Administrative Procedure Act 

Compliance 

The Board has provided extensive 

opportunity for public input and 

involvement in compliance with 

Administrative Procedure Act 

requirements, including publishing a 

proposed rule in the Federal Register, 

participation in multiple Council 

meetings, additional public review and 

comment on all proposals for regulatory 

change, and opportunity for additional 

public comment during the Board 

meeting prior to deliberation. 

Additionally, an administrative 

mechanism exists (and has been used by 

the public) to request reconsideration of 

the Board’s decision on any particular 

proposal for regulatory change (36 CFR 

242.20 and 50 CFR 100.20). Therefore, 

the Board believes that sufficient public 

notice and opportunity for involvement 

have been given to affected persons 

regarding Board decisions. 

In the more than 25 years that the 

Program has been operating, no benefit 

to the public has been demonstrated by 

delaying the effective date of the 

subsistence regulations. A lapse in 

regulatory control could affect the 

continued viability of fish or wildlife 

populations and future subsistence 

opportunities for rural Alaskans, and 

would generally fail to serve the overall 

public interest. Therefore, the Board 

finds good cause pursuant to 5 U.S.C. 

553(d)(3) to make this rule effective 

upon the date set forth in DATES to 

ensure continued operation of the 

subsistence program. 

National Environmental Policy Act 

Compliance 

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. 

The following Federal Register 

documents pertain to this rulemaking: 

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 of document 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 Federal Subsistence Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. 


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SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: Federal Register 

DOCUMENTS PERTAINING TO THE FINAL RULE—Continued 

Federal Register 

citation Date of publication Category of document Details 

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 Advisory 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 Federal Subsistence Board by expanding the Board by two public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska. 

77 FR 12477 .............. March 1, 2012 ........... Final Rule .................. Extended the compliance date for the final rule (72 FR 25688, May 7, 

2007) that revised nonrural determinations until the Secretarial program review is complete or in 5 years, whichever comes first. 

80 FR 68249 .............. November 4, 2015 ..... Final Rule .................. Revised the nonrural determination process and allowed the Federal 

Subsistence Board to define which communities and areas are 

nonrural. 

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 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 of 1995 (PRA) 

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 

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, which expires June 30, 2019. 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget will review all 

significant rules. OIRA has determined 

that this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 


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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. 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 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 summary 

impact statement. Title VIII of ANILCA 

precludes the State from exercising 

subsistence management authority over 

fish and wildlife resources on Federal 

lands unless it meets certain 

requirements. 

Executive Order 13175 

The Alaska National Interest Lands 

Conservation Act, Title VIII, does not 

provide specific rights to tribes for the 

subsistence taking of wildlife, fish, and 

shellfish. However, the Board provided 

Federally recognized Tribes and Alaska 

Native corporations opportunities to 

consult on this rule. Consultation with 

Alaska Native corporations are based on 

Public Law 108–199, div. H, Sec. 161, 

Jan. 23, 2004, 118 Stat. 452, as amended 

by Public Law 108–447, div. H, title V, 

Sec. 518, Dec. 8, 2004, 118 Stat. 3267, 

which provides that: ‘‘The Director of 

the Office of Management and Budget 

and all Federal agencies shall hereafter 

consult with Alaska Native corporations 

on the same basis as Indian tribes under 

Executive Order No. 13175.’’ 

The Secretaries, through the Board, 

provided 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. 

On April 12, 2016, the Board 

provided Federally recognized Tribes 

and Alaska Native Corporations a 

specific opportunity to consult on this 

rule prior to the start of its public 

regulatory meeting. Federally 

recognized Tribes and Alaska Native 

Corporations were notified by mail and 

telephone and were given the 

opportunity to attend in person or via 

teleconference. 

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 

Eugene R. Peltola, Jr. of the Office of 

Subsistence Management, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service, Anchorage, Alaska. Additional 

assistance was provided by: 

• Daniel Sharp, Alaska State Office, 

Bureau of Land Management; 

• Mary McBurney, Alaska Regional 

Office, National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Carol Damberg, Alaska Regional 

Office, U.S. Fish and Wildlife Service; 

and 

• Thomas Whitford, 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. 

Regulation Promulgation 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board amends title 36, part 242, and 

title 50, part 100, of the Code of Federal 

Regulations, as set forth below. 

PART ____—SUBSISTENCE 

MANAGEMENT REGULATIONS FOR 

PUBLIC LANDS IN ALASKA 

■ 1. The authority citation for both 36 

CFR part 242 and 50 CFR part 100 

continues to read as follows: 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

Subpart C—Board Determinations 

■ 2. Amend § ____.24(a)(2) in the table 

by revising the seventh entry under 

‘‘PRINCE WILLIAM SOUND AREA:’’ to 

read as follows: 

§ ____.24 Customary and traditional use 

determinations. 

(a) * * * 

(2) * * * 


sradovich on DSK3GMQ082PROD with RULES
3084 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 

Area Species Determination 

*******

Prince William Sound Area 

*******

Glennallen Subdistrict of the Upper Copper River District.Salmon ............. Residents of the Prince William Sound Area and residents of Cantwell, 

Chickaloon, Chisana, Dot Lake, Dry Creek, Healy Lake, Northway, Tanacross, 

Tetlin, Tok, and those individuals living along the Alaska Highway from the 

Alaskan/Canadian border to Dot Lake, along the Tok Cutoff from Tok to 

Mentasta Pass, and along the Nabesna Road. 

* * * * * * * 

* * * * * 

Subpart D—Subsistence Taking of 

Fish and Wildlife 

■ 3. Amend § ____.27 by: 

■ a. Adding paragraph (e)(3)(xiii)(B); 

■ b. Revising paragraphs (e)(3)(xv)(A) 

and (B); 

■ c. Adding paragraph (e)(3)(xvi)(F); 

■ d. Revising paragraph (e)(10)(iv)(I) 

introductory text, and paragraph 

(e)(10)(iv)(J); and 

■ f. Revising paragraph (e)(13)(ix). 

The additions and revisions read as 

follows: 

§ ____.27 Subsistence taking of fish. 

* * * * * 

(e) * * * 

(3) * * * 

(xiii) * * * 

(B) In Subdistrict 5D you may take 

salmon once the mid-range of the 

Canadian interim management 

escapement goal and the total allowable 

catch goal are projected to be achieved. 

* * * * * 

(xv) * * * 

(A) In Subdistrict 4A upstream from 

the mouth of Stink Creek, you may take 

Chinook salmon by drift gillnets less 

than 150 feet in length from June 10 

through July 14, and chum salmon by 

drift gillnets after August 2; unless 

closed by the Federal In-season 

Manager; from June 10 through August 

2, the Federal In-season Manager may 

open fishing periods during which 

chum salmon may be taken by drift 

gillnets. 

(B) In Subdistrict 4A downstream 

from the mouth of Stink Creek, you may 

take Chinook salmon by drift gillnets 

less than 150 feet in length from June 10 

through July 14; unless closed by the 

Federal In-season Manager; from June 

10 through August 2, the Federal Inseason Manager may open fishing 

periods during which chum salmon may 

be taken by drift gillnets. 

* * * * * 

(xvi) * * * 

(F) In Racetrack Slough on the 

Koyukuk River and in the sloughs of the 

Huslia River drainage, from when each 

river is free of ice through June 15, the 

offshore end of the set gillnet may not 

be closer than 20 feet from the opposite 

bank except that sloughs 40 feet or less 

in width may have 3⁄4 width coverage 

with set gillnet, unless closed by 

Federal special action. 

* * * * * 

(10) * * * 

(iv) * * * 

(I) Residents of Ninilchik may harvest 

sockeye, Chinook, coho, and pink 

salmon through an experimental 

community gillnet fishery in the Federal 

public waters of the upper mainstem of 

the Kasilof River from a Federal 

regulatory marker on the river below the 

outlet of Tustumena Lake downstream 

to the Tustumena Lake boat launch June 

16–August 15. The experimental 

community gillnet fishery will expire 5 

years after approval of the first 

operational plan. 

* * * * * 

(J) Residents of Ninilchik may harvest 

sockeye, Chinook, coho, and pink 

salmon in the Federal public waters of 

the Kenai River with a single gillnet to 

be managed and operated by the 

Ninilchik Traditional Council. Ninilchik 

residents may retain other species 

incidentally caught in the Kenai River 

except for rainbow trout and Dolly 

Varden; all rainbow trout and Dolly 

Varden must be released. 

(1) Only one community gillnet can 

be operated on the Kenai River. The 

gillnet cannot be over 10 fathoms in 

length, must be no larger than 5.25-inch 

mesh, and may not obstruct more than 

half of the river width with stationary 

fishing gear. Subsistence stationary 

gillnet gear may not be set within 200 

feet of other subsistence stationary gear. 

(2) One registration permit will be 

available and will be awarded by the 

Federal in-season fishery manager, in 

consultation with the Kenai National 

Wildlife Refuge manager. The 

registration permit will be issued to the 

Ninilchik Traditional Council. 

(i) As the community gillnet owner, 

the Ninilchik Traditional Council will 

be responsible for its use and removal 

in consultation with the Federal fishery 

manager. 

(ii) As part of the permit, after the 

season, the Ninilchik Traditional 

Council must provide written 

documentation of required evaluation 

information to the Federal fishery 

manager including, but not limited to, 

persons or households operating the 

gear, hours of operation, and number of 

each species caught and retained or 

released. 

(3) The Ninilchik Traditional Council 

may operate the net for subsistence 

purposes on behalf of residents of 

Ninilchik by requesting a subsistence 

fishing permit that: 

(i) Identifies a person who will be 

responsible for fishing the gillnet; 

(ii) Includes provisions for recording 

daily catches within 72 hours, the 

household to whom the catch was 

given, and other information 

determined to be necessary for effective 

resource management by the Federal 

fishery manager. 

(4) Fishing will be allowed from July 

1 through August 15 and September 10– 

30 on the Kenai River unless closed or 

otherwise restricted by Federal special 

action. 

(5) Salmon taken in the gillnet fishery 

will be included as part of the dip net/ 

rod and reel household annual limits for 

the Kenai River of participating 

households. 

(6) Fishing for each salmon species 

will end and the fishery will be closed 

by Federal special action prior to 

regulatory end dates if the annual total 

harvest limit for that species is reached 

or superseded by Federal special action. 

* * * * * 

(13) * * * 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 3085 

(ix) Nets are prohibited in streams 

flowing across or adjacent to the roads 

on Wrangell and Mitkof islands, and in 

streams flowing across or adjacent to the 

road systems connected to the 

community of Sitka. 

* * * * * 

Dated: December 5, 2017. 

Eugene R. Peltola, Jr., 

Assistant Regional Director, U.S. Fish and 

Wildlife Service Acting Chair, Federal 

Subsistence Board. 

Dated: December 6, 2017. 

Thomas Whitford, 

Subsistence Program Leader, USDA—Forest 

Service. 

[FR Doc. 2018–00461 Filed 1–22–18; 8:45 am] 

BILLING CODE 3410–11–P; 4333–15–P 

POSTAL SERVICE 

39 CFR Part 266 

Privacy of Information; Adding 

Clarifying Language Concerning the 

Purpose of a Contract or Interagency 

Agreement 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is adding 

language for clarification purposes to 

ensure that the purpose of a contract or 

interagency agreement complies with 

the Postal Reorganization Act and the 

Privacy Act of 1974. 

DATES: Effective date: January 23, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Natalie A. Bonanno, Chief Counsel, 

Federal Compliance, 

natalie.a.bonanno@usps.gov, 202–268– 

2944. 

SUPPLEMENTARY INFORMATION: On 

October 11, 2017 (82 FR 47115), the 

Postal Service published its revised 

privacy regulations to implement 

numerous non-substantive editorial 

changes effective on the same date. 

These changes included renaming 

certain offices with privacy-related 

duties, modification of the roles of 

employees tasked with implementing 

aspects of the privacy regulations, and 

minor editorial changes to postal 

privacy policy to improve its 

consistency and clarity. The Postal 

Service is now adding clarifying 

language to ensure the purpose of a 

contract or interagency agreement 

complies with the Postal Reorganization 

Act and the Privacy Act of 1974. 

List of Subjects in 39 CFR Part 266 

Privacy. 

For the reasons stated in the 

preamble, the Postal Service amends 39 

CFR chapter I as follows: 

PART 266—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 266 continues to read as follows: 

Authority: 5 U.S.C. 552a; 39 U.S.C. 401. 

■ 2. Revise § 266.3(b)(3) to read as 

follows: 

§ 266.3 Collection and disclosure of 

information about individuals. 

* * * * * 

(b) * * * 

(3) Under 39 U.S.C. 412(a), the Postal 

Service shall not make a mailing or 

other list of names or addresses (past or 

present) of postal patrons or other 

persons available to the public, unless 

such action is authorized by law. 

Consistent with this provision, the 

Postal Service may make such a list 

available as follows: 

(i) In accordance with 39 U.S.C. 

412(b), to the Secretary of Commerce for 

use by the Bureau of the Census; 

(ii) As required by the terms of a 

legally enforceable contract entered into 

by the Postal Service under its authority 

contained in 39 U.S.C. 401(3) and when 

subject to a valid non-disclosure 

agreement. The purpose of the contract 

must comply with 5 U.S.C. 552a(n), 

which prohibits the sale or rental of an 

individual’s name and address; 

(iii) As required by the terms of a 

legally enforceable interagency 

agreement entered into by the Postal 

Service under its authority contained in 

39 U.S.C. 411 and when subject to a 

valid non-disclosure agreement. The 

purpose of the interagency agreement 

must comply with 5 U.S.C. 552a(n), 

which prohibits the sale or rental of an 

individual’s name and address; 

(iv) In accordance with 5 U.S.C. 

552a(b), the Postal Service may disclose 

a list of names and addresses of 

individuals pursuant to a written 

request by, or with the prior written 

consent of, each individual whose name 

and address is contained in such list, 

provided that such names and addresses 

are derived from records maintained by 

the Postal Service in a system of records 

as defined by 5 U.S.C. 552a(a); or 

(v) As otherwise expressly authorized 

by federal law. 

* * * * * 

Tracy A. Quinlan, 

Attorney, Federal Compliance. 

[FR Doc. 2018–01084 Filed 1–22–18; 8:45 am] 

BILLING CODE 7710–12–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: The Legal Services 

Corporation (LSC) is required by law to 

establish maximum income levels for 

individuals eligible for legal assistance. 

This document updates the specified 

income levels to reflect the annual 

amendments to the Federal Poverty 

Guidelines issued by the U.S. 

Department of Health and Human 

Services (HHS). 

DATES: Effective January 23, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Stefanie K. Davis, Assistant General 

Counsel, Legal Services Corporation, 

3333 K St. NW, Washington, DC 20007; 

(202) 295–1563; sdavis@lsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

1007(a)(2) of the Legal Services 

Corporation Act (Act), 42 U.S.C. 

2996f(a)(2), requires LSC to establish 

maximum income levels for individuals 

eligible for legal assistance. Section 

1611.3(c) of LSC’s regulations 

establishes a maximum income level 

equivalent to 125% of the Federal 

Poverty Guidelines (Guidelines), which 

HHS is responsible for updating and 

issuing. 45 CFR 1611.3(c). 

Each year, LSC updates Appendix A 

to 45 CFR part 1611 to provide client 

income eligibility standards based on 

the most recent Guidelines. The figures 

for 2018, set out below, are equivalent 

to 125% of the Guidelines published by 

HHS on January 18, 2018, 83 FR 2642. 

In addition, LSC is publishing a chart 

listing income levels that are 200% of 

the Guidelines. This chart is for 

reference purposes only as an aid to 

recipients in assessing the financial 

eligibility of an applicant whose income 

is greater than 125% of the applicable 

Guidelines amount, but less than 200% 

of the applicable Guidelines amount 

(and who may be found to be financially 

eligible under duly adopted exceptions 

to the annual income ceiling in 

accordance with 45 CFR 1611.3, 1611.4, 

and 1611.5). 

Except where there are minor 

variances due to rounding, the amount 

by which the guideline increases for 

each additional member of the 

household is a consistent amount. 

List of Subjects in 45 CFR Part 1611 

Grant Programs—Law, Legal services. 


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