[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Proposed Rules]
[Pages 24601-24604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11319]
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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,
Subparts C and D--1995-1996 Subsistence Taking of Fish and Wildlife
Regulations for the Kenai Peninsula
AGENCY: Forest Service, Agriculture; and Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
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SUMMARY: This rule proposes customary and traditional use
determinations for several species and regulations for seasons and
harvest limits related to taking of moose for subsistence uses on
Federal lands on the Kenai Peninsula during the 1995-1996 regulatory
year.
DATES: Written public comments will be accepted through July 10. Public
meetings on this proposed rule making will be held during the comment
period in the following locations in Alaska: Anchorage, Soldotna,
Seldovia, Hope, Cooper Landing, Homer, and other communities as
necessary.
ADDRESSES: Written comments and proposals for changes to these proposed
regulations may be sent to the Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska
99503. Specific locations and addresses for the public meetings will be
published locally.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service,
Attention: Richard S. Pospahala, Office of Subsistence Management, 1011
E. Tudor Road, Anchorage, Alaska 99503; telephone (907) 786-3447. For
questions specific to National Forest System lands, contact Ken
Thompson, Regional Subsistence Program Manager, USDA, Forest Service,
Alaska Region, P.O. Box 21628, Juneau, Alaska 99802-1628, telephone
(907) 586-7921.
SUPPLEMENTARY INFORMATION:
Customary and Traditional Use Determinations
The Board implemented a systematic program for review of customary
and traditional use eligibility determinations as provided for in 36
CFR 242 and 50 CFR 100. As a priority consideration, the Board focused
its determinations on community or area uses of large mammals
(ungulates and bears), examining uses of species of large mammals by
communities or areas rather than focusing on individual herds. The
Board recognized that subsistence resource use patterns of neighboring
communities are often interrelated and should be analyzed concurrently.
Existing regulations at 36 CFR 242.16(b) and 50 CFR 100.16(b)
identify eight factors that a community or area shall generally exhibit
which exemplify customary and traditional subsistence uses. The eight
factors are as follows:
1. A long-term consistent pattern of use, excluding interruptions
beyond the control of the community or area;
2. A pattern of use recurring in specific seasons for many years;
3. A pattern of use consisting of methods and means of harvest
which are characterized by efficiency and economy of effort and cost,
conditioned by local characteristics;
4. The consistent harvest and use of fish or wildlife as related to
past methods and means of taking; near, or reasonably accessible from
the community or area;
5. A means of handling, preparing, preserving, and storing fish or
wildlife which has been traditionally used by past generations,
including consideration of alteration of past practices due to recent
technological advances, where appropriate;
6. A pattern of use which includes the handing down of knowledge of
fishing and hunting skills, values and lore from generation to
generation;
7. A pattern of use in which the harvest is shared or distributed
within a definable community of persons; and
8. A pattern of use which relates to reliance upon a wide diversity
of fish and wildlife resources of the area and which provides
substantial cultural, economic, social and nutritional elements to the
community or area.
Each Federal Subsistence Regional Advisory Council (Regional
Council) has a substantial role in reviewing and developing information
on which to base a recommendation to the Board concerning customary and
traditional use determinations. The Southcentral Regional Council had
available for consideration an extensive compilation of existing
information on historic and contemporary large mammal resource use
patterns by rural Kenai Peninsula communities. A draft report, dated
[[Page 24602]] December 8, 1993, incorporated information from historic
ethnographic sources; census data; community surveys conducted by the
Alaska Department of Fish and Game, Division of Subsistence; and
harvest ticket and sealing records compiled by the Alaska Department of
Fish and Game.
During their public meeting of February 28--March 2, 1995, the
southcentral Regional Council reviewed and discussed written
information and oral testimony on resource use patterns as related to
the eight factors for the Kenai Peninsula rural communities of
Whittier, Hope, Cooper Landing, Ninilchik, the Homer rural area,
Nanwalek (formerly known as English Bay), Port Graham and Seldovia.
Positive customary and traditional use determinations were recommended
based on several empirical elements. The communities were established
and active in use of local resources by the 1950's. Contemporary use
patterns, including seasons and harvest areas, for moose, caribou,
goat, sheep, black bear, and brown bear in the areas under
consideration were documented in community surveys, harvest reports, or
oral testimony by Southcentral Regional Council members. Ceremonial
uses and the cultural significance of harvest of some species were
discussed. Sharing patterns and patterns of transmitting knowledge and
lore from one generation to the next were documented more generally for
the communities, without details particular to each species. the
Southcentral Regional Council employed an inclusive standard in
interpreting the empirical patterns in relation to the eight factors.
The Board voted to endorse the recommendations of the Southcentral
Regional Council concerning which communities had customary and
traditional uses of six large mammal species in Unit 15 and Unit 7.
Those determinations are found in the changes proposed for
section____.24.
Proposed Changes for the 1995-1996 Seasons and Bag Limit Regulations
The Regional Council also proposed adding Federal subsistence
seasons for the taking of moose on public lands in Unit 15. The
recommendation was for an any-bull harvest season beginning August 10,
1995 and ending September 20, 1995. The Board, however, was persuaded
by the biological data concluding that adverse impacts would result
from any significant harvest of bulls in the middle age categories.
Since 1987, antler restrictions have been a key part of the management
efforts to improve upon very low bull:cow ratios on the Kenai
Peninsula. This effort has had positive effects, but the gains could be
reversed and the population jeopardized under an any-bull subsistence
harvest opportunity. In addition, local wildlife biologists report that
the high snow fall of the 1994-95 winter has resulted in high natural
mortality, with virtually no recruitment into the spike-fork age class
of bull moose anticipated this coming year. The Board therefore added
an antler restriction as a part of the subsistence seasons in Unit 15
to avoid adverse biological consequences. The proposed seasons and
harvest limits are found in the proposed changes to section ____.25.
Regulations contained in this proposed rule are proposed to take
effect on August 10, 1995, unless they are changed by subsequent Board
action following the public review process outlined herein. The
Departments propose to waive the 30-day effective date time period for
the final rule in order to provide the maximum opportunity for public
participation during the comment period following publication of the
proposed rule, while simultaneously complying with the seasons'
starting date of August 10, 1995.
Applicability of Subparts A, B, and C
Subparts A, B, and C of the Subsistence Management Regulations for
Public Lands in Alaska, 50 CFR 100.1 to 100.24 and 36 CFR 100.1 to
100.24, remain effective and apply to this proposed rule. Therefore,
all definitions located at 50 CFR 100.4 and 36 CFR 100.4 apply to
regulations found in these subparts. The identified sections include
definitions for the following terms:
``Federal lands means lands and waters and interests therein title
to which is in the United States''; and
``Public land or public lands means lands situated in Alasks which
are Federal lands; except--
(1) land selections of the State of Alaska which have been
tentatively approved or validly selected under the Alaska Statehood Act
and lands which have been confirmed to, validly selected by, or granted
to the Territory of Alaska or the State under any other provision of
Federal Law;
(2) land selections of a Native Corporation made under the Alaska
Native Claims Settlement Act which have not been conveyed to a Native
Corporation, unless any such selection is determined to be invalid or
is relinquished; and
(3) lands referred to in Section 19(b) of the Alaska Native Claims
Settlement Act.''
Public Review Process--Regulation Comments and Public Meetings
Written comments may be submitted to the address identified at the
beginning of this rulemaking. They must be received by the date
indicated. Comments may also be presented at the public meetings to be
held in Anchorage and various communities on the Kenai Peninsula.
The Board will discuss and evaluate comments and suggested changes
to this rule during a public meeting scheduled to be held in Anchorage
in early summer, 1995. The public may provide additional oral testimony
to the Board at that time.
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 (DEIS) 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)
[[Page 24603]] 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 proposes,
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.
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 by William
Knauer 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; Sandy Rabinowitch, Alaska Regional 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,
Reporting and recordkeeping requirements, 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 proposed to
be 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 ____.24(a)(1) is proposed to be amended in the table
under ``Area,'' ``Species,'' and ``Determination'' by removing the five
entries for ``GMU 7'' and adding six new entries in their place to read
as follows:
Sec. ____.24 Customary and traditional use determinations.
(a) * * *
(1) * * *
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Area Species Determination
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* * * *
GMU 7........... Black Bear................ Residents of Hope and
Cooper Landing.
7............... Brown Bear................ No subsistence.
7............... Caribou................... Residents of Hope and
Cooper Landing.
7............... Goat...................... Residents of Hope, Cooper
Landing, and Ninilchik.
7............... Moose..................... Residents of Hope, Cooper
Landing, and Whittier.
7............... Sheep..................... Residents of Hope, Cooper
Landing, and Ninilchik.
* * * *
* * *
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[[Page 24604]] * * * * *
3. Section ____.24(a)(1) is proposed to be amended in the table
under ``Area,'' ``Species,'' and ``Determination'' by removing the
seven entries for ``GMU 15'' for ``Brown Bear,'' ``Sheep,'' ``Moose,''
and ``Goat'' and adding the following new entries in their place to
read as follows:
* * * * *
(a) * * *
(1) * * *
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
* * * *
GMU 15 (A) and Black Bear................ Residents of Hope, Cooper
(B). Landing, and Ninilchik.
15(C)........... Black Bear................ Residents of Ninilchik,
Nanwalek, Port Graham,
and Seldovia.
15 (A) and (B).. Brown Bear................ No subsistence.
15(C)........... Brown Bear................ Residents of Ninilchik,
Nanwalek, and Port
Graham.
15(A)........... Caribou................... Residents of Hope, Cooper
Landing, and Ninilchik.
15(B)........... Caribou................... Residents of Ninilchik.
15(C)........... Caribou................... Residents of Ninilchik,
Nanwalek, Port Graham,
and Seldovia.
15(A)........... Goat...................... No subsistence.
15(B)........... Goat...................... Residents of Cooper
Landing and Ninilchik.
15(C)........... Goat...................... Residents of Ninilchik,
Nanwalek, Port Graham,
and Seldovia.
* * * *
* * *
15(A)........... Sheep..................... Residents of Cooper
Landing.
15(B)........... Sheep..................... Residents of Cooper
Landing and Ninilchik.
15(C)........... Sheep..................... Residents of Ninilchik,
Nanwalek, Port Graham,
and Seldovia.
15(A)........... Moose..................... Residents of Hope, Cooper
Landing, Ninilchik, and
Seldovia.
15(B)........... Moose..................... Residents of Hope, Cooper
Landing, Ninilchik,
Seldovia, Nanwalek, and
Port Graham.
15(C)........... Moose..................... Residents of Ninilchik,
Nanwalek, Port Graham,
and Seldovia.
* * * *
* * *
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* * * * *
4. Section ____.25(k)(15)(iii)(D) is proposed to be amended in the
table under ``Hunting'' by adding an entry for ``Moose'' in
alphabetical order to read as follows:
Sec. ____.25 Subsistence taking of wildlife.
* * * * *
(k) * * *
(15) * * *
(iii) * * *
(D) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting:
* * * *
* * *
Moose:
Unit 15--1 antlered bull with spike-fork Aug. 10-Sept. 20.
or 50-inch antlers or with 3 or more
brow tines on either antler, by
Federal registration permit only.
* * * *
* * *
------------------------------------------------------------------------
* * * * *
Dated: April 27, 1995.
Mitch Demientieff,
Chair, Federal Subsistence Board.
Dated: April 26, 1995.
Fred Norbury,
Acting Regional Forester, USDA--Forest Service.
[FR Doc. 95-11319 Filed 5-8-95; 8:45 am]
BILLING CODE 3410-11-M; 4310-55-M
