[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5685-5689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3186]
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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-AC82
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C & Subpart D--1995-1996 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 (published in the Federal Register on June
15, 1995) implementing the subsistence priority for rural residents of
Alaska under Title VIII of the Alaska National Interest Lands
Conservation Act of 1980.
EFFECTIVE DATE: These corrections are effective July 1, 1995 through
June 30, 1996.
FOR FURTHER INFORMATION CONTACT:
Thomas H. Boyd, Office of Subsistence Management, U.S. Fish and
Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska 99503;
telephone (907) 786-3864. For questions specific to National Forest
System lands, contact Ken Thompson, Regional Subsistence Program
Manager, USDA--Forest
[[Page 5686]]
Service, Alaska Region, P.O. Box 21628, Juneau, Alaska 99802-1628;
telephone (907) 586-7921.
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 Subparts C and D relate 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 C regulations for customary and traditional use
determinations and Subpart D regulations for the 1995-1996 seasons and
bag limits, and methods and means were published on September 2, 1994,
in the Federal Register (59 FR 45924-45961). 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. The
public then had an additional 30 days in which to comment on the
proposals for changes to the regulations. The Federal Subsistence
Regional Advisory 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 15,
1995 (60 FR 31542-31594) reflect Board review and consideration of
Regional Council recommendations and public comments submitted to the
Board during their April meeting. The Board heard public testimony and
deliberated Requests for Reconsideration and Special Action in public
forum on September 26 and November 9, 1995.
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.
Subpart D
Units 11, 12, 13, 20, and 25(C)--Lynx--The Board acted on a request
from the Alaska Department of Fish and Game (ADF&G) to lengthen the
season in 25(C) and parts of Unit 20, and shorten the season in Units
11, 12, 13, and parts of Unit 20. This follows the Board's previous
agreement to follow a harvest tracking strategy where possible. The
strategy calls for shortening or closing trapping seasons when lynx
numbers are low and lengthening or opening seasons when lynx are
abundant. The Regional Councils for the affected areas supported this
action to protect the viability of the lynx populations in those Units.
Unit 13--Caribou--Upon receipt of a request for Special Action the
Board, at its November 9, 1995, meeting deliberated the issue of
opening Unit 13 to caribou hunting. The caribou herd had increased by
about 6,000 animals and remained in an accessible area. The Board
opened a season to coincide with the State season to provide
subsistence users an opportunity to harvest caribou.
Unit 17(A)--Caribou (Mulchatna Herd)--Upon receipt of a request for
Special Action the Board, as its September 26, 1995, meeting
deliberated the issue of opening Unit 17(A) to caribou hunting. The
Mulchatna caribou herd which numbers about 160,000 animals is moving
into the western portion of Unit 17(A). The Board established a season
to be announced when enough caribou have moved into the area to allow a
harvest without jeopardizing smaller resident herds.
Unit 17 (A) and (C)--Caribou--Upon receipt of request for Special
Action the Board, at its September 26, 1995, meeting deliberated the
issue of opening Unit 17 (A) and (C) to caribou hunting one month
earlier. The past year's harvest was lower than anticipated due to poor
travel conditions. Because this is a quota hunt the opening of the
season one month earlier will not cause any additional harvest other
than what is planned.
Unit 22(A)--Moose--Upon receipt of a Request for Reconsideration of
an action taken at the April meeting, the Board deliberated the issue
of the health of the moose population in Unit 22(A). As a result, the
Board closed public lands to non-subsistence moose hunting from
December 1, 1995, through January 31, 1996.
Only the items described above are being changed; but for clarity,
the entire table section for the pertinent species in each Unit is
reproduced.
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 Procedure Act (APA) for this
extension are impracticable, unnecessary, and contrary to the public
interest. A lapse in regulatory control could seriously affect the
continued viability of wildlife populations, adversely impact 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(b)(B) to waive the public notice and
comment procedures prior to publication of this rule correction. The
Board also finds
[[Page 5687]]
good cause under 5 U.S.C. 553(d)(3) to make this rule correction
effective July 1, 1995, 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 period, 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 a modified 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, published
May 29, 1992 (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 found that the Federal Subsistence Management
Program, under a modified Alternative IV with an annual process for
setting hunting and fishing regulations, had no significant possibility
of a significant restriction of subsistence uses.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the U.S. Fish and Wildlife Service has received approval for
this collection of information, with approval number 1018-0075, with
the expiration date of July 31, 1996.
The collection of information will be achieved through the use of
the Federal Subsistence Hunt Permit Application. This collection of
information will establish whether the applicant qualifies to
participate in a Federal subsistence hunt on public land in Alaska and
will provide a report of harvest and location of harvest.
The likely respondents to this collection of information are rural
Alaska residents who wish to participate in specific subsistence hunts
on Federal land. The collected information is necessary to determine
harvest success and harvest location in order to make management
decisions relative to the conservation of healthy wildlife populations.
The annual burden of reporting and recordkeeping is estimated to
average 0.25 hours per response, including time for reviewing
instructions, gathering and maintaining data, and completing and
reviewing the form. The estimated number of likely respondents under
these correcting amendments is less than 200, yielding a total annual
reporting and recordkeeping burden of fifty hours or less. 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.
This rule was not subject to OMB review under Executive Order
12866.
Economic Effects
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 Thomas H.
Boyd, of the Office of Subsistence Management, Alaska Regional Office,
U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional guidance
was provided by Peggy Fox, Alaska State Office, Bureau of Land
Management; Sandy Rabinowitch, Alaska Regional Office, National Park
Service; John Borbridge, Alaska Area Office, Bureau of Indian Affairs;
and Ken Thompson, 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,
[[Page 5688]]
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)(11) is amended in the table under
``Trapping'' by revising the entry for Lynx to read as follows:
Sec. ____.25 Subsistence taking of wildlife.
* * * * *
(k) * * *
(11) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping:
* * * * *
Lynx: No limit............................ Dec. 15-Jan. 15.
* * * * *
------------------------------------------------------------------------
* * * * *
3. Section ____.25(k)(12) is amended in the table under
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
(k) * * *
(12) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping:
* * * * *
Lynx: No limit............................ Dec. 15-Jan. 15.
* * * * *
------------------------------------------------------------------------
* * * * *
4. Section ____.25(k)(13)(iii) is amended in the table under
``Hunting'' by revising the entry for Caribou to read as follows:
* * * * *
(k) * * *
(13) * * *
(iii) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting:
* * * * *
Caribou: 2 caribou by Federal Aug. 10-Sept. 30, Nov. 15-Dec.
registration permit only. Hunting 31, Jan. 5-Mar. 31.
within the Trans-Alaska Oil Pipeline
right-of-way is prohibited. The
right-of-way is identified by an
area occupied by the pipeline
(buried or above ground) and the
cleared area 25 feet on either side
of the pipeline..
* * * * *
------------------------------------------------------------------------
* * * * *
5. Section ____.25(k)(13)(iii) is amended in the table under
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
(k) * * *
(13) * * *
(iii) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping:
* * * * *
Lynx: No limit............................ Dec. 15--Jan. 15.
* * * * *
------------------------------------------------------------------------
* * * * *
6. Section ____.25(k)(17)(iii) is amended in the table under
``Hunting'' by revising the entry for Caribou to read as follows:
* * * * *
(k) * * *
(17) * * *
(iii) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting:
* * * * *
Caribou:
Unit 17(A)--that portion west of Season to be announced.
the Togiak River, south to Cape
Newenham--2 caribou. Season to be
opened by announcement sometime
between Aug. 1-April 15.
Unit 17 (A) and (C)--that portion Dec. 1-Mar. 31.
of 17 (A) and (C) consisting of
the Nushagak Peninsula south of
the Igushik River, Tuklung River
and Tuklung Hills, west to
Tvativak Bay--1 caribou by Federal
registration permit. Public lands
are closed to the taking of
caribou except by the residents of
Togiak, Twin HIlls, Manokotak,
Aleknagik, Dillingham, Clark's
Point, and Ekuk during seasons
identified above.
Unit 17 (B) and (C)--that portion Aug. 1-Apr. 15
of 17 (C) east of the Nushagak
River--5 caribou; however, no more
than 2 caribou may be bulls..
* * * * *
------------------------------------------------------------------------
* * * * *
7. Section ____.25(k)(20)(iii)(C) is amended in the table under
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
(k) * * *
(20) * * *
(iii) * * *
(C) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping:
* * * * *
Lynx:
Unit 20 (A), (B), (D), (E), and (C) Dec. 15-Jan. 15.
East of the Teklanika River--No
limit.
Unit 20(F) and the remainder of Dec. 1-Jan. 31.
20(C)--No limit.
* * * * *
------------------------------------------------------------------------
* * * * *
8. Section ____.25(k)(22)(ii)(C) is amended in the table under
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
(k) * * *
(22) * * *
(ii) * * *
(C) * * *
[[Page 5689]]
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting
* * * * *
Moose:
Unit 22(A)--1 antlered bull; Aug. 1-Sept. 30, Dec. 1-Jan. 31.
however the period of Dec. 1-Jan.
31 is restricted to residents of
Unit 22(A) only.
Unit 22(B)--1 moose; however, Aug. 1-Jan. 31.
antlerless moose may be taken only
from Dec. 1-Dec. 31; no person may
take a cow accompanied by a calf.
Unit 22(C)--1 antlered bull........ Sept. 1-Sept. 14.
Unit 22(D)--1 moose; however, Aug. 1-Jan. 31.
antlerless moose may be taken only
from Dec. 1-Dec. 31; no person may
take a cow accompanied by a calf.
Unit 22(E)--1 moose; no person may Aug. 1-Mar. 31.
take a cow accompanied by a calf.
* * * * *
------------------------------------------------------------------------
* * * * *
9. Section ____.25(k)(25)(iii)(B) is amended in the table under
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
(k) * * *
(25) * * *
(iii) * * *
(B) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Trapping:
* * * * *
Lynx:
Unit 25(C)--No limit............... Dec. 1-Jan. 31.
Remainder of Unit 25--No limit..... Nov. 1-Feb. 28.
* * * * *
------------------------------------------------------------------------
* * * * *
Dated: January 19, 1996.
Mitch Demientieff,
Chair, Federal Subsistence Board.
Dated: January 18, 1996.
Phil Janik,
Regional Forester, USDA--Forest Service.
[FR Doc. 96-3186 Filed 2-13-96; 8:45 am]
BILLING CODES 3410-11-M, 4310-55-M
