[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17041]
[[Page Unknown]]
[Federal Register: July 15, 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
Subsistence Management Regulations for Federal Public Lands in
Alaska; Customary and Traditional Use Eligibility Determinations;
Review Policies
AGENCY: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Review policies.
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SUMMARY: Pursuant to the regulatory authority found at 36 CFR
242.10(a), 242.18(b), 50 CFR 100.10(a), and 100.18(b), the Federal
Subsistence Board (Board) provides notice of a priority list and
associated schedule for reviewing customary and traditional use
eligibility determinations, and details the associated administrative
process, under the Federal Subsistence Management Program.
EFFECTIVE DATE: The Federal Subsistence Board policies shall be
effective July 15, 1994.
ADDRESSES: Any comments concerning this notice may be sent to the
Chair, Federal Subsistence Board, c/o Richard S. Pospahala, U.S. Fish
and Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska 99503.
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:
Background
In 1990, the Board assumed subsistence management responsibilities
on Federal public lands and adopted the existing State of Alaska
customary and traditional use eligibility determinations. Such
determinations identified customary and traditional subsistence uses of
certain fish and wildlife resources by specific communities and areas
in Alaska. Due to changes in the rural status of some communities,
public comments on the draft environmental impact statement
``Subsistence Management for Federal Public Lands in Alaska'' (October
7, 1991), comments received on temporary and implementing subsistence
regulations, and customary and traditional use eligibility
determination appeals submitted under the temporary subsistence
regulations, the Board recognized the need for new assessments of
existing customary and traditional use eligibility determinations.
However, the Board deferred action on customary and traditional use
eligibility until after July 1, 1992 (the effective date of final
implementing rules for the Federal subsistence program) and indicated
that a customary and traditional use determination process and schedule
would be developed and published. Customary and traditional use
eligibility determination assessments were begun in regard to the Kenai
Peninsula and Upper Tanana areas in 1992, and the Copper River Basin
more recently. These areas were prioritized based upon public comments
received during the environmental impact statement process and
subsequent Board meetings. This notice sets forth an initial customary
and traditional use eligibility determination schedule to be updated on
a routine basis dependent upon input from the public and Federal
Subsistence Regional Advisory Councils (Regional Councils). Details of
the administrative process involved in customary and traditional
assessments, public and advisory council input opportunities, and
decision making steps, are also set forth.
Customary and Traditional Use Eligibility Determination Procedures
The Board will implement a systematic program for review of
customary and traditional use eligibility determinations. As a priority
consideration, the Board will focus its determinations on community or
area uses of large mammals (ungulates and bears). Nevertheless, the
Board recognizes that subsistence is in large part exemplified by
reliance upon, and traditional use of, a multitude of fish and wildlife
species, and consequently even the Board's initial large mammal
assessments will examine information on subsistence uses of varied
species. Furthermore, the Board retains the authority to initiate
assessments and make eligibility determinations related to the
customary and traditional use of any species as recommended by Regional
Councils or as necessary for proper administration of the program. The
Board will examine uses of species of large mammals by communities or
areas rather than focus on individual herds.
The Board recognizes that subsistence resource use patterns of
neighboring communities are often interrelated and should be analyzed
concurrently. The Board has identified 26 areas in Alaska where
neighboring communities are thought to have similar patterns of
resource uses. In identifying these ``analysis areas'' the distribution
of Federal public lands and associated jurisdictions of Regional
Councils were taken into account. The 26 analysis areas constitute
geographically distinct regions of Alaska within which customary and
traditional use patterns of a community or communities will be
documented and analyzed. Within each analysis area, the determinations
will focus primarily on the customary and traditional uses of large
mammals by the communities located within that analysis area. Existing
eligibility determinations regarding communities and areas adjacent to
the area under analysis will not be revised unless a full assessment
and review of those areas or communities have occurred.
Existing regulations at 36 CFR 242.16(b) and 50 CFR 100.16(b)
identify eight factors that exemplify customary and traditional
subsistence uses of a community or area. The Board will base its
determination of customary and traditional use eligibility on the
extent to which a community, group of communities, or area meet the
characteristics of these identified factors. 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.
To reach final decisions on customary and traditional use
eligibility, several steps in the process of initiating, preparing,
reviewing, noticing, evaluating public comments, and acting on each
customary and traditional use assessment will have to be accomplished.
All participating Federal agencies and the Regional Councils have
substantial roles in the completion of these tasks and eventual
customary and traditional use eligibility determinations. In addition,
customary and traditional use eligibility determinations will be
subject to Federal rulemaking procedures for which considerable public
review and comment opportunities are afforded.
The following steps form the framework of the administrative
process which will be applied in reaching customary and traditional use
eligibility determinations:
Scoping--Define, in consultation with pertinent Regional Councils,
affected rural communities within or adjacent to the analysis area that
will be part of the assessment. Consult with local residents, Regional
councils, and local advisory committees for input on methodology of
assessment, special public participation needs, and other local
insight.
Information Collection--Collect and analyze available literature,
harvest reports, interviews, and other available information. Determine
if available information is adequate to make determinations. Recommend
and/or plan for additional information gathering or studies if needed.
Analysis--Analyze information as related to eight regulatory
factors identified in the Federal Subsistence Management Program
regulations. Prepare and present an assessment report including
conclusions on needed changes to existing determinations to pertinent
Regional Council, and other entities as requested, and take comments on
adequacy of analysis; revise analysis as necessary.
Regional Council Review--Prepare and present to the pertinent
Regional Council, initial staff recommendations relative to use
eligibility determinations. These recommendations will be reviewed by
all affected Regional Councils.
Proposed Rule--Revise the staff recommendations in consideration of
the Regional Council comments and publish a proposed rule in the
Federal Register.
Public Review--Hold public meetings and accept comments from the
public, Regional Councils, local advisory committees, and affected
communities. Regional Councils will review public comments and develop
recommendations for Board consideration.
Board Decision--Board receives Regional Council recommendations and
makes customary and traditional use eligibility determinations,
subsequently published as a final rule in the Federal Register. New,
customary and traditional use eligibility determinations will be
scheduled to take effect at the beginning of a Federal subsistence
regulatory year (July 1).
These steps have been developed as a result of experience, and
Regional Council input regarding the Kenai Peninsula and Upper Tanana
areas' customary and traditional use eligibility determinations which
were begun in 1992. The determination process for both of those areas
is well along, with determinations expected to be completed during
1995.
Depending on the complexity of the issues and area under review,
the scoping, information collection, and analysis portions of each
customary and traditional use eligibility determination action are
expected to take at least a year. In most instances it is foreseen that
public involvement may extend the period required for each
determination to greater than a year.
Customary and Traditional Use Determination Priorities
In order to provide for an adequate review of customary and
traditional use eligibility, the Board recognizes that not all
customary and traditional use eligibility determination requests and
agency assessments could be addressed at the same time. Consequently,
the Board has established customary and traditional use eligibility
determination priorities which are based on public requests,
recommendations of Regional Councils and Federal land management
agencies, and the availability of personnel and financial resources to
conduct the work. At the present time, the Board has established
priorities for customary and traditional use assessments for 1994-1995.
Assessments begun in 1992 regarding the Kenai Peninsula and Upper
Tanana areas are nearing completion. In contemplation of those
customary and traditional use eligibility determinations which will be
completed after 1995, the Board intends to continue to review requests
submitted from the public, and recommendations from the Regional
Councils and Federal agencies, and any additional information which
might be pertinent. As necessary, an updated customary and traditional
use eligibility determination schedule will be published in the Federal
Register in ensuing years. In addition, the Board retains the
flexibility to respond to management problems as needed, including
those instances in which customary and traditional use eligibility
determinations may need modification on an urgent basis.
The current schedule and priority list for making customary and
traditional use eligibility determinations is as follows:
------------------------------------------------------------------------
Analysis area and Regional advisory Year of
priority order council Unit completion
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1. Upper Tanana....... Eastern Interior. 12............... 1995
2. Kenai Peninsula.... Southcentral..... 7, 15............ 1995
3. Copper River Basin. Southcentral..... 11, 13(A-D)...... 1996
4. Yukon-Kuskokwim Western Interior. 18............... 1995
Delta.
5. Minto.............. Eastern Interior. 20(A), (B), (D), 1996
(F); 25 (C).
6. Yukon Flats........ Eastern Interior. 25(A), (B), (D).. 1995
7. Eastern North Slope North Slope...... 26(B), (C)....... 1995
Completion dates of
the following
prioritized areas to
be determined:
Stikine............... Southeast........ 1(B), 3.......... ..........
Denali/Parks Highway.. Eastern Interior. 20(A), (C), ..........
13(E), 16.
Eastern Interior...... Eastern Interior. 20(E)............ ..........
Iditarod-George....... Western Interior. 19, 21(E)........ ..........
Chatham............... Southeast........ 1(C), (D), 4; ..........
5(A), (B).
Prince William Sound.. Southcentral..... 6................ ..........
Ketchikan............. Southeast........ 1(A), 2.......... ..........
Bristol Bay........... Bristol Bay...... 17............... ..........
Middle Yukon.......... Western Interior. 21(A), (B), (C), ..........
(D).
Kodiak................ Kodiak/Aleutians. 8................ ..........
Brooks Range.......... Western Interior. 24............... ..........
Lake Clark............ Bristol Bay...... 9(A), (B), (C)... ..........
Alaska Peninsula...... Bristol Bay...... 9(D) & (E)....... ..........
Seward Peninsula...... Seward Peninsula. 22(C), (D), (E).. ..........
Kotzebue Sound........ Northwest Arctic. 23............... ..........
Norton Sound.......... Seward Peninsula. 22(A), (B)....... ..........
Western North Slope... North Slope...... 26(A)............ ..........
Aleutians............. Kodiak/Aleutians. 10............... ..........
Talkeetna............. Southcentral..... 14............... ..........
------------------------------------------------------------------------
Drafting Information
This policy was drafted under the guidance of Richard S. Pospahala,
U.S. Fish and Wildlife Service, Alaska Regional Office, Office of
Subsistence Management, Anchorage, Alaska. The primary authors were
Taylor Brelsford and William Knauer of the same office; John Hiscock of
the National Park Service, Alaska Regional Office; Tom Boyd, Bureau of
Land Management, Alaska State Office; and Norm Howse, USDA-Forest
Service, Alaska Regional Office.
Dated: June 16, 1994.
William L. Hensley,
Chair, Federal Subsistence Board.
Dated: June 24, 1994.
Robert W. Williams,
Acting Regional Forester, USDA-Forest Service.
[FR Doc. 94-17041 Filed 7-14-94; 8:45 am]
BILLING CODE 3410-11-M
