[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25232]
[[Page Unknown]]
[Federal Register: October 13, 1994]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AB43
Subsistence Management Regulations for Public Lands in Alaska,
Subpart D; Subsistence Taking of Fish and Wildlife Regulations;
Correcting Amendments
AGENCY: Forest Service, USDA, Fish and Wildlife Service, Interior.
ACTION: Correcting amendments.
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SUMMARY: These corrections amend the Subsistence Management Regulations
for Public Lands in Alaska (50 CFR part 100 and 36 CFR part 242,
published in the Federal Register on June 3, 1994) implementing the
subsistence priority for rural residents of Alaska under Title VIII of
the Alaska National Interest Lands Conservation Act (ANILCA) of 1980.
DATES: Effective July 1, 1994, these corrections amend the Subsistence
Management Regulations, 50 CFR part 100 and 36 CFR part 242.
FOR FURTHER INFORMATION CONTACT: Richard S. Pospahala, Office of
Subsistence Management, U.S. Fish and Wildlife Service, 1011 E. Tudor
Road, Anchorage, Alaska 99503; telephone (907) 786-3447. For questions
specific to National Forest System lands, contact Norman Howse,
Assistant Director, Subsistence, USDA--Forest Service, Alaska Region,
P.O. Box 21628, Juneau, Alaska 99802; telephone (907) 586-8890.
SUPPLEMENTARY INFORMATION: Background--Title VIII of the Alaska
National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126)
requires that the Secretary of the Interior and the Secretary of
Agriculture (Secretaries) implement a joint program to grant a
preference for subsistence uses of fish and wildlife resources on
public lands, unless the State of Alaska enacts and implements laws of
general applicability which are consistent with ANILCA, and which
provide for the subsistence definition, preference, and participation
specified in Sections 803, 804, and 805 of ANILCA. The State
implemented a program that the Department of the Interior previously
found to be consistent with ANILCA. However, in December 1989, the
Alaska Supreme Court ruled in McDowell v. State of Alaska that the
rural preference in the State subsistence statute violated the Alaska
Constitution. The court's ruling in McDowell required the State to
delete the rural preference from the subsistence statute, and
therefore, negated State compliance with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture (Departments) assumed, on
July 1, 1990, responsibility for implementation of Title VIII of ANILCA
on public lands. On June 29, 1990, the Temporary Subsistence Management
Regulations for Public Lands in Alaska were published in the Federal
Register (55 FR 27114-27170). Consistent with subparts A, B, and C of
these regulations, a Federal Subsistence Board (Board) was established
to administer the Federal Subsistence Management Program. The Board's
composition includes 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,
U.S. National Park Service; the Alaska State Director, U.S. Bureau of
Land Management; the Alaska Area Director, U.S. Bureau of Indian
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through
the Board, these agencies have participated in development of
regulations for Subparts A, B, and C, and the annual Subpart D
regulations. All Board members have reviewed these corrections and
agree with their substance. Because Subpart D relates to public lands
managed by an agency or agencies in both the Departments of Agriculture
and the Interior, identical correcting text will be incorporated into
36 CFR part 242 and 50 CFR part 100.
Proposed Subpart D regulations for the 1994-1995 seasons and bag
limits, and methods and means were published on September 2, 1993, in
the Federal Register (58 FR 46678-46706). A 60-day comment period
providing for public review of the proposed rule was advertised by
mail, radio, and newspaper. Subsequent to that 60-day review period,
the Board prepared a booklet describing all proposals for change to
Subpart D. The public then had an additional 60 days in which to
comment on the proposals for changes to the regulations. The Federal
Subsistence Regional Advisory Councils (Regional Councils) met in
regional centers, received public comments, and formulated
recommendations to the Board on proposals for their respective regions.
The final regulations, published on June 3, 1994 (59 FR 29032-29063)
reflect Board review and consideration of Regional Council
recommendations and public comments submitted to the Board during their
April meeting.
These correcting amendments are a result of Requests for
Reconsideration of some of the Board's decisions in April and some
requests for Special Action as a result of resource concerns. Below are
summaries of each action.
Unit 1(B)--Goat
The Board reopened the Frosty Bay Ridge area of Unit 1(B) to goat
hunting. This area had been closed due to timber harvest activities in
the area which could have subjected the small herd to excessive hunting
pressure. Timber harvest activities were completed during the summer of
1994. The Board, having analyzed the available data, found that the
harvest of goats in the area was consistent with the conservation of
healthy populations and the justification for the closure no longer
applied. The change will provide an August 1-December 31 season with a
harvest limit of two goats by State registration permit only.
Unit 18--Moose
The Board acted on a Request for Reconsideration from the Lower
Yukon Moose Management Committee to revise the action the Board took in
April opening the lower Yukon area to moose hunting. Unit 18 is a large
area encompassing over 26 million acres primarily in the Yukon and
Kuskokwim River deltas. The traditional hunting periods for moose are
slightly different in different areas of the Unit. The Request to the
Board sought to revise the season in the Unit based on those
differences. The Board reviewed the data and determined that providing
different seasons in different areas of the unit would best accommodate
traditional hunting periods and still be consistent with the
conservation of healthy populations. The change will also correct a
misprint in the June 3, Federal Register printing: The Kanektok and
Goodnews drainages will remain closed to moose hunting, as they have
been in the past. The Unit will also be divided into three other areas
with different seasons (September 5-25, September 1-30, and August 25-
September 25). Two of the areas will continue to have a 10-day winter
hunt that will be announced later.
Unit 20(C)--Moose
The Board acted on a request from the Denali Subsistence Resource
Commission to the Secretary of the Interior to establish an additional
moose season on National Park Service lands in Unit 20(C). A review of
the data indicated that there is a customary and traditional basis for
a late fall or early winter hunt. The moose population in the area is
stable and can withstand the additional harvest. The Board determined
that the additional season would accommodate customary and traditional
hunting periods and still be consistent with the conservation of
healthy populations. The change establishes an additional November 15-
December 15 hunt with a harvest limit of one antlered bull, except
white-phased or partial albino, for Denali National Park and Preserve
lands west of the Toklat River, excluding lands within Mount McKinley
National Park as it existed prior to December 2, 1980.
Units 23 and 26(A)--Dall Sheep
The Board received a request for a Special Action closing the Dall
sheep season in northwest Alaska. This request follows an Alaska
Department of Fish and Game Emergency Order closing the same area. The
sheep population in northwest Alaska has experienced a dramatic decline
since 1989 with a series of severe winters, high predation, and poor
lamb production. Therefore, the Board closed the season to ensure the
continued viability of the sheep populations in Northwest Alaska. The
change closed the sheep season in Unit 23 west of Howard Pass and the
Aniuk, Cutler, and Redstone Rivers and in Unit 26(A) west of Howard
Pass and the Etivluk River.
Only the items described above are being changed; but for clarity,
the entire table section for the pertinent species in each Unit is
reproduced.
All of the above actions were supported by the Regional Councils in
the affected areas. Notice of the Board meeting and the subjects to be
considered were widely circulated and the public had an opportunity to
comment and participate.
The Board finds that additional public notice and comment
requirements under the Administrative Procedures Act (APA) for this
extension are impracticable, unnecessary, and contrary to the public
interest. Therefore, the Board finds good cause pursuant to 5 U.S.C.
553(b)(B) to waive the public notice and comment procedures prior to
publication of this rule correction. The Board also finds good cause
under 5 U.S.C. 553(d)(3) to make this rule correction effective July 1,
1994, the effective date of the Subsistence Management Regulations for
Public Lands in Alaska.
Conformance With Statutory and Regulatory Authorities
National Environmental Policy Act Compliance--A Draft Environmental
Impact Statement (DEIS) that described four alternatives for developing
a Federal Subsistence Management Program was distributed for public
comment on October 7, 1991. That document described the major issues
associated with Federal subsistence management as identified through
public meetings, written comments and staff analysis and examined the
environmental consequences of the four alternatives. Proposed
regulations (subparts A, B, and C) that would implement the preferred
alternative were included in the DEIS as an appendix. The DEIS and the
proposed administrative regulations presented a framework for an annual
regulatory cycle regarding subsistence hunting and fishing regulations
(subpart D). The Final Environmental Impact Statement (FEIS) was
published on February 28, 1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the Federal Subsistence Board and the
Department of the Interior's Subsistence Policy Group, it was the
decision of the Secretary of the Interior, with the concurrence of the
Secretary of Agriculture, through the U.S. Department of Agriculture--
Forest Service, to implement Alternative IV as identified in the DEIS
and FEIS (Record of Decision on Subsistence Management for Federal
Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the
selected alternative in the FEIS defined the administrative framework
of an annual regulatory cycle for subsistence hunting and fishing
regulations. The final rule for Subsistence Management Regulations for
Public Lands in Alaska, subparts A, B, and C (57 FR 22940-22964)
implements the Federal Subsistence Management Program and includes a
framework for an annual cycle for subsistence hunting and fishing
regulations.
Compliance with Section 810 of ANILCA
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. A section 810 analysis was completed as part of the FEIS
process. The final section 810 analysis determination appears in the
April 6, 1992, ROD which concluded that the Federal Subsistence
Management Program, under Alternative IV with an annual process for
setting hunting and fishing regulations, may have some local impacts on
subsistence uses, but it does not appear that the program may
significantly restrict subsistence uses.
Paperwork Reduction Act
These rules contain information collection requirements subject to
Office of Management and Budget (OMB) approval under 44 U.S.C. 3501-
3520. They apply to the use of public lands in Alaska. The information
collection requirements described above are approved by the OMB under
44 U.S.C. 3501 and have been assigned clearance number 1018-0075.
Public reporting burden for this form is estimated to average .1382
hours per response, including time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the form.
Direct comments on the burden estimate or any other aspect of this form
to: Information Collection Officer, U.S. Fish and Wildlife Service,
1849 C Street, NW, MS 224 ARLSQ, Washington, DC 20240; and the Office
of Management and Budget, Paperwork Reduction Project (1018-0075),
Washington DC 20503. Additional information collection requirements may
be imposed if Local Advisory Committees subject to the Federal Advisory
Committee Act are established under Subpart B. Such requirements will
be submitted to OMB for approval prior to their implementation.
Economic Effects
This rule was not subject to QMB review under Executive Order
12866.
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.
The Departments have determined 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.
This rulemaking will impose no significant costs on small entities;
the exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant positive economic effect on a number of
small entities. The number of small entities affected is unknown; but,
the fact that the positive effects will be seasonal in nature and will,
in most cases, merely continue preexisting uses of public lands
indicates that they will not be significant.
These regulations do not meet the threshold criteria of
``Federalism Effects'' as set forth in Executive Order 12612. Title
VIII of ANILCA requires the Secretaries to administer a subsistence
preference on public lands. The scope of this program is limited by
definition to certain public lands. Likewise, these regulations have no
significant takings implication relating to any property rights as
outlined by Executive Order 12630.
Drafting Information
These regulations were drafted under the guidance of Richard S.
Pospahala, of the Office of Subsistence Management, Alaska Regional
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional
guidance was provided by Thomas H. Boyd, Alaska State Office, Bureau of
Land Management; Lou Waller, Alaska Regional Office, National Park
Service; John Borbridge, Alaska Area Office, Bureau of Indian affairs;
and Norman Howse, 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, Public lands,
Reporting and recordkeeping requirements, Subsistence, Wildlife.
For the reasons set out in the preamble, title 36, part 242, and
title 50, part 100, of the Code of Federal Regulations, are amended 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.
2. Section ____.25(k)(1)(vii)(B) is amended in the table under
``Hunting'' be revising the entry for Goat to read as follows:
Sec. ____.25 Subsistence taking of wildlife.
* * * * * * *
(k) * * *
(1) * * *
(vii) * * *
(B) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting:
* * * * * * *
Goat:
Unit 1(A)--Revillagigedo Island only....... No open season.
Unit 1(B)--that portion north of the Aug. 1-Dec. 31.
Bradfield Canal and the North Fork of the
Bradfield River. 1 goat by State
registration permit only; that portion
between LeConte Bay and the North Fork of
Bradfield River/Canal will require a
Federal registration permit for the taking
of a second goat; the taking of kids or
nannies accompanied by kids is prohibited.
Unit 1(A) and Unit 1(B)--Remainder--2 goats Aug. 1-Dec. 31.
by State registration permit only.
Unit 1(C)--that portion draining into Lynn Oct. 1-Nov. 30.
Canal and Stephens Passage between Antler
River and Eagle Glacier and River--1 goat
by State registration permit only.
Unit 1(C)--that portion draining into No open season.
Stephens Passage and Taku Inlet between
Eagle Glacier and River and Taku Glacier,
and all drainages of the Chilkat Range
south of the Endicott River.
Remainder of Unit 1(C)--1 goat by State Aug. 1-Nov. 30.
registration permit only.
Unit 1(D)--that portion lying north of the Sept. 15-Nov. 30.
Katzehin River and northeast of the Haines
highway--1 goat by State registration
permit only.
Unit 1(D)--that portion lying between Taiya No open season.
Inlet and River and the White Pass and
Yukon Railroad.
Remainder of Unit 1(D)--1 goat by State Aug. 1-Dec. 31.
registration permit only.
* * * * * * *
------------------------------------------------------------------------
* * * * *
3. Section ____.25(k)(18)(iii)(B) is amended in the table under
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
(k) * * *
(18)* * *
(iii) * * *
(B) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting:
* * * * * * *
Moose:
Unit 18--that portion north and west of a Sept. 5-Sept. 25.
line from Cape Romanzof to Kuzilvak
Mountain, and then to Mountain Village,
and west of, but not including, the
Andreafsky River drainage--1 antlered bull.
Unit 18--Goodnews River and Kanektok River No open season.
drainages.
Unit 18--Kuskokwim River drainage--1 Aug. 25-Sept. 25.
antlered bull. A 10-day hunt (1 bull, Winter season to be
evidence of sex required) will be opened announced.
by announcement sometime between Dec. 1
and Feb. 28.
Remainder of Unit 18--1 antlered bull A 10- Sept. 1-Sept. 30.
day hunt (1 bull, evidence of sex Winter season to be
required) will be opened by announcement announced.
sometime between Dec. 1 and Feb. 28.
Public lands in Unit 18 are closed to the
hunting of moose, except by rural Alaska
residents of Unit 18 and Upper Kalskag
during seasons identified above.
* * * * * * *
------------------------------------------------------------------------
* * * * *
4. Section ____.25(k)(20)(iii)(C) is amended in the table under
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
(k) * * *
(20) * * *
(iii) * * *
(C) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting:
* * * * * * *
Moose:
Unit 20 (A)--the Ferry Trail Management Sept. 1-Sept. 20.
Area--1 bull with spike-fork or 50-inch
antlers or antlers with 4 or more brow
tines on one side.
Remainder of Unit 20(A)--1 antlered bull... Sept. 1-Sept. 20.
Unit 20 (B)--that portion within the Minto Sept. 1-Sept. 20. Jan.
Flats Management Area--1 bull by Federal 10-Feb. 28.
registration permit only.
Unit 20 (B)--the drainage of the Middle Sept. 1-Sept. 20.
Fork of the Chena River and that portion
of the Salcha River Drainage upstream from
and including Goose Creek--antlered bull.
Remainder of Unit 20(B) -- 1 antlered bull. Sept. 1 -- Sept. 20.
Unit 20(C)--that portion within Denali Sept. 1-Sept. 30. Nov.
National Park and Preserve west of the 15-Dec. 15.
Toklat River, excluding lands within Mount
McKinley National Park as it existed prior
to December 2, 1980--1 antlered bull;
however, white-phased or partial albino
(more than 50 percent white) moose may not
be taken.
Remainder of Unit 20(C) -- 1 antlered bull; Sept. 1 -- Sept. 30.
however, white-phased or partial albino
(more than 50 percent white) moose may not
be taken.
Unit 20(E)--that portion drained by the Sept. 1-Sept. 15.
Ladue, Sixty-mile, and Forty-mile Rivers
(all forks) from Mile 9\1/2\ to Mile 145
Taylor Highway, including the Boundary
Cutoff Road--1 antlered bull.
Remainder of Unit 20(E)--that portion Sept. 5-Sept. 25.
draining into the Yukon River upstream
from and including the Charley River
drainage to and including the Boundary
Creek drainages and the Taylor Highway
from mile 145 to Eagle--1 antlered bull.
Unit 20(F)--that portion within the Dalton Sept. 1-Sept. 25.
Highway Corridor.
* * * * * * *
------------------------------------------------------------------------
* * * * *
5. Section ____.25(k)(23)(iii)(C) is amended in the table under
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
(k) * * *
(20) * * *
(iii) * * *
(C) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting:
* * * * * * *
Sheep:
Unit 23--that portion west of Howard Pass No open season.
and the Aniuk, Cutler, and Redstone Rivers.
Remainder of Unit 23--1 ram with 7/8 curl Aug. 10-Sept. 20.
horn or larger.
Remainder of Unit 23--1 sheep.............. Oct. 1-Apr. 30.
* * * * * * *
------------------------------------------------------------------------
* * * * *
6. Section ____.25(k)(26)(iii)(B) is amended in the table under
``hunting'' by revising the entry for Sheep to read as follows:
* * * * *
(k) * * *
(26) * * *
(iii) * * *
(B) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * * * *
Sheep:
Unit 26(A)--those portions within the Gates Aug. 1-Apr. 30.
of the Arctic National Park--3 sheep.
Unit 26(A)--that portion west of Howard No open season.
Pass and the Etivluk River.
Unit 26(B)--that portion within the Dalton Aug 10-Sept. 20.
Highway Corridor Management Area--1 ram
with 7/8 curl horn or larger by Federal
registration permit only.
Remainder of Unit 26 (A) and (B) -- Aug. 10-Sept. 20.
including the Gates of the Arctic National
Preserve--1 ram with 7/8 curl horn or
larger.
Unit 26(C)--3 sheep per regulatory year; Aug. 10-Sept. 20. Oct.
the Aug. 10--Sept. 20 season is restricted 1-Apr. 30.
to 1 ram with 7/8 curl horn or larger. A
Federal registration permit is required
for the Oct. 1--Apr. 30 season. Kaktovik
residents may harvest sheep in accordance
with a Federal community harvest strategy
for Unit 26(C) which provides for take of
up to two harvest limits of 3 sheep by
designated hunter.
* * * * * * *
------------------------------------------------------------------------
* * * * *
Dated: September 7, 1994.
William L. Hensley,
Chair, Federal Subsistence Board.
Robert W. Williams,
Acting Regional Forester USDA-Forest Service.
Dated: September 8, 1994.
[FR Doc. 94-25232 Filed 10-12-94; 8:45 am]
BILLING CODE 3410-11-M
