[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12955]
[[Page Unknown]]
[Federal Register: May 27, 1994]
=======================================================================
-----------------------------------------------------------------------
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 Federal Public Lands in
Alaska, Subpart C--Board Determinations
AGENCY: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Subsistence Board (Board) has amended that portion
of the Subsistence Management Regulations for Federal Public Lands in
Alaska, subpart C, which lists the areas and communities, and residents
thereof, determined to have customary and traditional use of moose and
rainbow trout on public lands (57 FR 22957-22964). Specifically, Board
decisions made on April 5, 1993 and August 10, 1993 have changed the
customary and traditional use determinations for rainbow trout in the
Kuskokwim Area and for moose in Unit 1(B).
EFFECTIVE DATES: April 5, 1993, for the customary and traditional use
determination relevant to rainbow trout in the Kuskokwim Area, and,
August 10, 1993, for the customary and traditional use determination
relevant to moose in Unit 1(B).
FOR FURTHER INFORMATION CONTACT:Chair, Federal Subsistence Board, c/o
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 R. Howse, Assistant Director Subsistence,
USDA, Forest Service, Alaska Region, P.O. Box 21628, Juneau, Alaska
99802-1628, telephone (907) 586-8890.
SUPPLEMENTARY INFORMATION:
Rainbow Trout
In 1992, the communities of Quinhagak, Goodnews Bay, Kwethluk, Eek,
Akiak, Akiachak, and Platinum requested that the Board reconsider a
negative customary and traditional use determination for rainbow trout.
These communities provided extensive testimony to the Board regarding
their use of rainbow trout. In the summer and fall of 1992, staff from
the Yukon Delta National Wildlife Refuge and the Togiak National
Wildlife Refuge conducted interviews in 19 communities within the
Yukon-Kuskokwim Delta to obtain additional information on customary and
traditional uses of rainbow trout. Based on public testimony, more
current survey data, and contemporary Alaska Department of Fish and
Game subsistence use reports, a U.S. Fish and Wildlife Service report
(FWS report) on the subsistence uses of rainbow trout was completed in
April 1993, and entitled Customary and Traditional use Eligibility
Report: Rainbow Trout, Unit 18: Villages of Goodnews Bay, Platinum,
Quinhagak, Eek, Kwethluk, Akiachak, and Akiak. Applying the eight
factors of customary and traditional use as specified at 36 CFR 242.16
and 50 CFR 100.16, this FWS report assessed the customary and
traditional uses employed by residents of these seven communities. The
FWS report, which the Board used as support for its ultimate decision,
found that the communities of Goodnews Bay, Platinum, Quinhagak, Eek,
Kwethluk, Akiachak, and Akiak substantially met the requirements of the
eight characteristics which exemplify customary and traditional use of
rainbow trout in the lower Kuskokwim River region. Therefore, the Board
concluded that residents of those villages have customarily and
traditionally used rainbow trout for subsistence purposes.
Moose, Unit 1(B)
Concern for the health of the moose population in the Stikine River
drainage of southeast Alaska prompted the Board to take action in April
1993 to: (1) Limit subsistence uses of moose on public lands in the
Stikine River drainage to those qualified rural residents with a
positive customary and traditional use determination for moose within
the Stikine River drainage, and (2) reduce pressure on that moose
population by only authorizing subsistence harvest of bulls with a
spike-fork, or 50-inch antler configuration (or three brow tines on
either antler). Federal customary and traditional use determinations,
which had been adopted in 1990 from State of Alaska regulations, only
recognized residents of Wrangell as having customary and traditional
use of the moose population found in the Stikine River drainage.
After that April 1993 decision, the Board received numerous letters
from individuals and organizations who objected to the elimination of
subsistence uses of moose by rural residents living outside of the
Wrangell community. The Board reconsidered this issue in an August 10,
1993 public meeting at which public testimony was taken and additional
information on customary and traditional uses of moose in the Stikine
River drainage was reviewed. This additional information included a
transcript of a 1987 Alaska Board of Game hearing which established the
original customary and traditional use determination. The Board also
examined information contained in State of Alaska and U.S. Forest
Service studies on subsistence use patterns in southeast Alaska.
In consideration of presented evidence, the Board determined that
the quantity and quality of the new information was substantially
greater than was available when the original customary and traditional
use determination was made. The Board found compelling evidence that
residents of Petersburg and perhaps other southeast Alaska communities
have a long-term pattern of use of, and strong economic and
sociocultural dependence on, moose in the Stikine River drainage.
Accordingly, the Board amended the 1990 customary and traditional
finding to that of an ``interim no determination''. An ``interim no
determination'' finding does not diminish Wrangell's customary and
traditional use status but allows all qualified rural residents to take
moose in the Stikine River drainage pending completion of an ongoing
Board review of customary and traditional wildlife uses by southeastern
Alaska communities.
The Board finds these modifications to be exempt from
Administrative Procedures Act (APA) requirements for public notice and
public comments prior to publication. In this instance, the Board finds
that such requirements are impracticable, unnecessary, and contrary to
public interest. The subpart C modifications contained herein
accurately reflect actions taken by the Board under full public review
processes. Public notice and public comment opportunities on these
issues were afforded through newspaper notices, public meetings, and
mailings. Further notice and public comment on these modifications
would impede the regulatory process, would provide insignificant
benefits in nature and impact, would unnecessarily restrict certain
subsistence opportunities, and would generally fail to serve overall
public interest. Therefore, the Board has not reapplied notice and
public comment procedures prior to publication of these changes.
The Board also finds good cause to implement this final rule on
April 5, 1993 (for use of rainbow trout, Kuskokwim Area) and on August
10, 1993 (for use of moose in Unit 1(B)). These effective dates are
consistent with former Board actions which were publicly deliberated
and acted upon for this final rule modification. The Board therefore
finds these modifications to be exempt from APA requirements for
publication 30 days prior to the effective date.
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, Wildlife.
For reasons set forth in the preamble, 36 CFR 242 and 50 CFR part
100 are amended as follows:
36 CFR PART 242--[AMENDED]
50 CFR PART 100--[AMENDED]
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.
3551-3566; 43 U.S.C. 1733.
2. In the table at Sec. ____.24(a)(1), Wildlife determinations,
revise the ``Area'', ``Species'', and ``Determination'' columns for
``Moose'' in the entry of ``GMU 1(B), The Stikine River drainage only''
to read as follows:
Sec. ____ Customary and traditional use determinations.
(a) * * *
(1) * * *
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------
*****
Kuskokwim area. Rainbow trout Residents of the communities
of Quinhagak, Goodnews Bay,
Kwethluk, Eek, Akiak,
Akiachak, and Platinum.
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: March 25, 1994.
Ronald B. McCoy,
Interim Chair, Federal Subsistence Board.
Michael A. Barton,
Regional Forester, USDA-Forest Service.
[FR Doc. 94-12955 Filed 5-26-94; 8:45 am]
BILLING CODE 4310-55-M, 3410-11-M
