[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Rules and Regulations]
[Pages 40459-40461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19482]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
[4310-55]
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 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 at 36 CFR 242.10(a),
242.18(b) and 50 CFR 100.10(a) and 100.18(b), the Federal Subsistence
Board (Board) provides notice of a revised procedure for reviewing
customary and traditional use determinations, and details the
associated administrative process, under the Federal Subsistence
Management Program. This document also rescinds the previous policy
published in the Federal Register on July 15, 1994.
EFECTIVE DATE: The Federal Subsistence Board policies contained in this
document shall be effective August 9, 1995.
ADDRESSES: Any comments concerning this document 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,
[[Page 40460]]
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:
Background
In 1990, the Board assumed subsistence management responsibilities
on Federal public lands and adopted the existing State of Alaska
customary and traditional use determinations (55 FR 27125). 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 determination appeals
submitted under the temporary subsistence regulations, the Board
recognized the need for new assessments of existing customary and
traditional use determinations. However, the Board deferred action on
customary and traditional use 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 (57 FR 22948-
22949). Customary and traditional use 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. On July 15, 1994, a
notice set forth an initial customary and traditional use 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, were also set forth. During a
meeting of the Chairs of the Regional Councils and the Staff Committee
of the Board on February 13, 1995, a consensus was reached that
prompted Board revision of the customary and traditional use
determination process.
Revised Customary and Traditional Use Determination Procedures
Based on the recommendation of the Regional Council Chairs, the
Board is implementing a revised process for dealing with customary and
traditional use determinations. The Board will entertain proposals to
revise the customary and traditional use determinations at the same
time as it accepts proposals for changes to the seasons and harvest
limits. This period normally occurs from mid-August/early September to
late October/early November each year. Because of the backlog of
customary and traditional use determination proposals that have been
held over from previous years and staff limitations, the Regional
Councils may be asked to prioritize which of the proposals should be
reviewed each year. The Regional Councils may focus their attention on
community or area uses of large mammals (ungulates and bears) where
there are specific problems that preclude local users from harvesting a
resource rather than clarifying areas where a ``no determination''
situation exists.
The Board retains the authority to initiate assessments and make
determinations related to the customary and traditional use of any
species taking into consideration recommendations of any appropriate
Regional Council(s).
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. Although the customary and
traditional use of a resource may be self evident to local users, the
Board will base its determination of customary and traditional use on
substantial information of a reasonable and defensible nature. The
extent to which a community, group of communities, or area meet the
characteristics of customary and traditional use are exemplified by
eight factors, 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.
All participating Federal agencies and the Regional Councils have
substantial roles in the revision of customary and traditional use
determinations. All proposals received in a timely manner will be
circulated to the pertinent Regional Council(s) and the public for
comment at the same time as proposed changes in the subsistence harvest
regulations. A staff analysis will also be prepared for consideration
during the late Winter/Spring Regional Council meetings, along with the
public comments received. The extent of the staff analysis may vary
with the complexity of the proposal. The Regional Councils will have an
opportunity to review the analyses, deliberate, and forward their
recommendations to the Board for action.
The Board may not be able to address all customary and traditional
use determination proposals during this year's regulatory cycle.
Consequently, the Board may need to establish priorities. These
priorities will be 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.
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; Sandy Rabinowitch of the National Park Service, Alaska Regional
Office; Tom Boyd, Bureau of Land Management, Alaska State Office; and
Ken Thompson, USDA-Forest Service, Alaska Regional Office.
[[Page 40461]]
Dated: July 27, 1995. Dated: July 28, 1995.
Richard S. Pospahala,
Acting Chair, Federal Subsistence Board.
Robert W. Williams,
Acting Regional Forester, USDA-Forest Service.
[FR Doc. 95-19482 Filed 8-8-95; 8:45 am]
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