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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 6922-6927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00434]

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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Office of Subsistence Management

50 CFR Part 100

[Docket No. DOI-2024-0011; 256D0102DM DS61900000 DMSN00000.000000 
DX61901]
RIN 1090-AB29

Subsistence Management Regulations for Public Lands in Alaska--
2026-27 and 2027-28 Subsistence Taking of Wildlife Regulations

AGENCY: Forest Service, Agriculture; Office of Subsistence Management, 
Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would establish regulations for hunting and 
trapping seasons, harvest limits, and methods and means related to 
taking of wildlife for subsistence uses during the 2026-27 and 2027-28 
regulatory years. The Federal Subsistence Board (hereafter referred to 
as ``the Board'') is on a schedule of completing the process of 
revising subsistence taking of wildlife regulations in even-numbered 
years and subsistence taking of fish and shellfish regulations in odd-
numbered years; public proposal and review processes take place during 
the preceding year. The Board also addresses customary and traditional 
use determinations during the applicable cycle. When final, the 
resulting rulemaking will replace the existing subsistence wildlife 
taking regulations. This proposed rule could also amend the general 
regulations on subsistence taking of fish and wildlife.

DATES: Public meetings: The Federal Subsistence Regional Advisory 
Councils (hereafter referred to as ``the Councils'') will receive 
comments and make proposals to change this proposed rule during public 
meetings held between February 18, 2025, and April 2, 2025. The 
Councils will hold another round of public meetings to discuss and 
receive comments on the proposals and make recommendations on the 
proposals to the Board on several dates between September 16, 2025, and 
October 30, 2025 (see Alaska Subsistence Regional Advisory Council 
Meetings for 2025; 89 FR 63962; August 06, 2024). The Board will 
discuss and evaluate proposed regulatory changes during a public 
meeting in Anchorage, Alaska, in April 2026. 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 April 4, 2025.

ADDRESSES: 
    Public meetings: The Board and the 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 DOI-2024-
0011. 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: Regulations, 
Attn: DOI-2024-0011; Office of Subsistence Management; 1011 E Tudor 
Road M/S 121, Anchorage AK 99503. If in-person Council meetings are 
held, you may also deliver a hard copy to the Designated Federal 
Official attending any of the Councils' public meetings. See 
SUPPLEMENTARY INFORMATION for additional information on locations of 
the public meetings.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Review Process section below for more information).

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
Office of Subsistence Management, Attention: Crystal Leonetti, 
Director; (907) 786-3888 or [email protected]. For questions 
specific to National Forest System lands, contact Gregory Risdahl, 
Regional Subsistence Program Leader, USDA, Forest Service, Alaska 
Region; (907) 302-7354 or [email protected]. In compliance with 
the Providing Accountability Through Transparency Act of 2023, please 
see Docket No. DOI-2024-0011 on https://www.regulations.gov for a 
document that summarizes this proposed rule.

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

[[Page 6923]]

CFR as shown in the following example: Sec.  __.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 (hereafter referred to as ``the 
Board'') to administer the Program. The Board comprises:
     A Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
     Five public members appointed by the Secretary of the 
Interior with concurrence of the Secretary of Agriculture;
     The Alaska Regional Director, Bureau of Indian Affairs;
     The Alaska State Director, Bureau of Land Management;
     The Alaska Regional Director, National Park Service;
     The Alaska Regional Director, U.S. Fish and Wildlife 
Service; and
     The Alaska Regional Forester, U.S. Forest Service.
    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 seasons, 
limits, and other harvest parameters and requirements.
    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. 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 Review Process--Comments, Proposals, and Public Meetings

    The Councils have a substantial role in reviewing this proposed 
rule and making recommendations for the final rule. The Board, through 
the Councils, will hold public meetings in person and via 
teleconference on this proposed rule at the following locations in 
Alaska, on the following dates:

               Table 1--Winter 2025 Meetings of the Federal Subsistence Regional Advisory Councils
----------------------------------------------------------------------------------------------------------------
     Regional Advisory Council                Dates                                 Location
----------------------------------------------------------------------------------------------------------------
Southeast Alaska--Region 1........  March 18-20..............  Sitka.
Southcentral Alaska-Region 2......  March 12-13..............  Cordova.
Kodiak/Aleutians--Region 3........  March 6-7................  Kodiak.
Bristol Bay--Region 4.............  February 18-19...........  Naknek.
Yukon-Kuskokwim Delta--Region 5...  March 4-5................  Bethel.
Western Interior--Region 6........  February 25-26...........  Fairbanks.
Seward Peninsula--Region 7........  April 1-2................  Nome.
Northwest Arctic--Region 8........  March 27-28..............  Kotzebue.
Eastern Interior--Region 9........  February 19-20...........  Fairbanks.
North Slope--Region 10............  February 27-28...........  Utqiagvik.
----------------------------------------------------------------------------------------------------------------

    During April 2025, the written proposals to change the regulations 
at subpart D, take of wildlife and subpart C, customary and traditional 
use determinations, will be 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 Councils, will hold a second 
series of public meetings or teleconference meetings in September 
through October 2025, to receive comments on specific proposals and to 
develop recommendations to the Board on the following dates:

                Table 1--Fall 2025 Meetings of the Federal Subsistence Regional Advisory Councils
----------------------------------------------------------------------------------------------------------------
     Regional Advisory Council                Dates                                 Location
----------------------------------------------------------------------------------------------------------------
Southeast Alaska--Region 1........  October 21-23............  Wrangell.
Southcentral Alaska-Region 2......  October 14-15............  Anchorage.
Kodiak/Aleutians--Region 3........  September 17-18..........  TBD.
Bristol Bay--Region 4.............  October 29-30............  Dillingham.
Yukon-Kuskokwim Delta--Region 5...  October 21-23............  TBD.
Western Interior--Region 6........  October 7-8..............  Fairbanks.
Seward Peninsula--Region 7........  October 14-15............  Nome.
Northwest Arctic--Region 8........  October 27-28............  Kotzebue.
Eastern Interior--Region 9........  October 8-10.............  Tok.
North Slope--Region 10............  September 16-17..........  Utqiagvik.
----------------------------------------------------------------------------------------------------------------

    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, announced in radio ads, and posted to 
the Program web page and social media at least 2 weeks prior to each 
meeting. The amount of work on each Council's agenda determines the 
length of each Council's 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

[[Page 6924]]

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 Director of 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, newspaper, Program web 
page, 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 April 2026. The 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, wildlife harvest regulations, and customary and 
traditional use determinations must include the following information:
    a. Name, address, and telephone number of the requestor;
    b. Each section and/or paragraph designation in the current 
regulations for which changes are suggested, if applicable;
    c. A description of the regulatory change(s) desired;
    d. A statement explaining why each change is necessary;
    e. Proposed wording changes; and
    f. Any additional information that you believe will help the Board 
in evaluating the proposed change.
    The Board will immediately reject proposals that fail to include 
the above information, or proposals that are beyond the scope of 
authorities in Sec.  __.24, subpart C (the regulations governing 
customary and traditional use determinations) and Sec.  __.25 and __.26 
of subpart D (the general and specific regulations governing the 
subsistence take of wildlife). If a proposal needs clarification, prior 
to being distributed for public review, the proponent may be contacted, 
and the proposal could be revised based on their input. Once a proposal 
is distributed for public review, no additional changes may be made as 
part of the original submission. During the April 2026 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, Councils, or the Board becomes 
excessive. These deferrals may be based on recommendations by the 
affected 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 Council. The Board may consider and act on alternatives that address 
the intent of a proposal while differing in approach.
    You may submit written comments and materials concerning this 
proposed rule by one of the methods listed in ADDRESSES. If you submit 
a comment via http://www.regulations.gov, your entire comment, 
including any personal identifying information, will be posted on the 
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 http://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov at Docket 
No. DOI-2024-0011, 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: Office of Subsistence 
Management, 1011 East Tudor Road, Anchorage, AK 99503.

Reasonable Accommodations

    The 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 LaVine, 907-786-3888, [email protected], 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 (herein after referred to as ``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 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 Board 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 2026-27 and 2027-28 Wildlife 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 wildlife 
regulations in even-numbered years and fish and shellfish regulations 
in odd-numbered years; public proposal and review processes take place 
during the preceding year. The Board also addresses customary and 
traditional use determinations during the applicable cycle. Nonrural 
determinations are

[[Page 6925]]

taken up during every other fish and shellfish cycle, beginning in 
2018.
    Based on Board policy, the Board reviews each closure to the take 
of fish/shellfish and wildlife every 4 years, 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 existing 
regulations apply, or if no regulations are in place, any changes to 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 a 
regulatory change outside the scope of a closure review (i.e., a change 
not directly affecting the closure) should submit a regulatory 
proposal.

  Table 3--Wildlife Closures To Be Reviewed by the Federal Subsistence
         Board for the 2026-2027 and 2027-2028 Regulatory Years
------------------------------------------------------------------------
    Unit and area descriptor         Species              Closure
------------------------------------------------------------------------
2..............................  Deer...........  Closed from Aug. 1-15
                                                   to non-federally
                                                   qualified users. Non-
                                                   federally qualified
                                                   users may only
                                                   harvest up to two
                                                   bucks.
5A, except Nunatak Bench, east   Moose..........  Closed from Sept. 16-
 of the Dangerous River.                           30 to non-federally
                                                   qualified users.
5A, except Nunatak Bench, west   Moose..........  Closed from Oct. 8-21
 of the Dangerous River.                           to non-federally
                                                   qualified users.
9C, draining into the Naknek     Moose..........  Closed from Dec. 1-31
 River from the South.                             to non-federally
                                                   qualified users.
17A, 17C, Nushagak Peninsula...  Caribou........  Closed to non-
                                                   federally qualified
                                                   users unless the
                                                   population estimate
                                                   exceeds 900 caribou.
22A, North.....................  Moose..........  Closed from Sep. 21-
                                                   Aug. 31 to non-
                                                   federally qualified
                                                   users.
22A, Unalakleet................  Moose..........  Closed to non-
                                                   federally qualified
                                                   users.
22A remainder..................  Moose..........  Closed from Oct. 1-
                                                   Aug. 31 to non-
                                                   federally qualified
                                                   users.
22B, west of the Darby           Moose..........  Closed to non-
 Mountains.                                        federally qualified
                                                   users during fall
                                                   season.
22B, west of the Darby           Moose..........  Closed except by
 Mountains.                                        residents of White
                                                   Mountain and Golovin
                                                   during the winter
                                                   season.
22D, Kougarok, Kuzitrin, and     Moose..........  Closed except by
 Pilgrim River drainages.                          residents of Units
                                                   22C and 22D.
22D, west of Tisuk River         Moose..........  Closed except by
 drainage and Canyon Creek.                        residents of Units
                                                   22C and 22D.
22D remainder..................  Moose..........  Closed to non-
                                                   federally qualified
                                                   users.
22E............................  Moose..........  Closed to non-
                                                   federally qualified
                                                   users.
23, Baird Mountains............  Sheep..........  Closed to non-
                                                   federally qualified
                                                   users.
23, Noatak River corridor,       Caribou........  Closed to non-
 Squirrel, Eli, and Agashashok                     federally qualified
 River drainages.                                  users.
25D west.......................  Moose..........  Closed except by
                                                   residents of Unit 25D
                                                   west and Birch Creek.
26C............................  Muskox.........  Closed to non-
                                                   federally qualified
                                                   users.
------------------------------------------------------------------------

    The current subsistence program regulations form the starting point 
for consideration during each new rulemaking cycle. Consequently, in 
this rulemaking action pertaining to wildlife, the Board will consider 
proposals to revise the regulations in any of the following sections of 
titles 36 and 50 of the CFR:
     Sec.  __.24: customary and traditional use determinations;
     Sec.  __.25: general provisions governing the subsistence 
take of wildlife, fish, and shellfish; and
     Sec.  __.26: specific provisions governing the subsistence 
take of wildlife.
    As such, the text of the proposed 2026-2028 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 
final rules constitute the text of this proposed rule:
    The text of the proposed amendments to 36 CFR 242.24 and 242.26 and 
50 CFR 100.24 and 100.26 is the final rule for the 2024-2026 regulatory 
period for wildlife (89 FR 70358, August 29, 2024).
    The text of the proposed amendments to 36 CFR 242.25 and 50 CFR 
100.25 is the final rule for the 2022-2024 regulatory period for 
wildlife (87 FR 44858; July 26, 2022).
    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

[[Page 6926]]

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. That 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 November 30, 2027. 
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, 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 economic impact 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, or 
impact on the economy. Therefore, the Departments certify that this 
rulemaking will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

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

Executive Order 12630

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

Unfunded Mandates Reform Act

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

Executive Order 12988

    The Secretaries have determined that these regulations meet the 
applicable 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, this 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

    Justin Koller drafted this proposed rule under the guidance of 
Crystal Leonetti of the Office of Subsistence Management, Department of 
the Interior, Office of the Assistant Secretary for Policy, Management, 
and Budget, Anchorage, Alaska. Additional assistance was provided by:
     Chris McKee, Alaska State Office, Bureau of Land 
Management;
     Eva Patton, 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

[[Page 6927]]

242 and 50 CFR part 100 for the 2026-27 and 2027-28 regulatory years:
    Proposed amendments to 36 CFR 242.24 and 242.26 and 50 CFR 100.24 
and 100.26 last amended by the final rule for the 2024-2026 regulatory 
period for wildlife (89 FR 70358, August 29, 2024).
    Proposed amendments to 36 CFR 242.25 and 50 CFR 100.25 last amended 
by the final rule for the 2022-2024 regulatory period for wildlife (87 
FR 44858; July 26, 2022).

Crystal Leonetti,
Director, DOI--Office of Subsistence Management.
Gregory Risdahl,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2025-00434 Filed 1-17-25; 8:45 am]
BILLING CODE 3411-15-P; 4334-13-P
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