[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Rules and Regulations]
[Pages 48625-48629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23413]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AD42
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--1996-1997 Subsistence Taking of Fish and
Wildlife Regulations; Correcting Amendments
AGENCY: Forest Service, USDA. Fish and Wildlife Service, Interior.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: These corrections amend the Subsistence Management Regulations
for Public Lands in Alaska (50 CFR part 100 and 36 CFR part 242,
published in the Federal Register on July 30, 1996 (61 FR 39697))
implementing the subsistence priority for rural residents of Alaska
under Title VIII of the Alaska National Interest Lands Conservation Act
of 1980.
EFFECTIVE DATES: The amendments to Sec. ______.24 are effective August
1, 1996. The amendments to Sec. ______.25 are effective August 1, 1996,
through June 30, 1997.
FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence
[[Page 48626]]
Management, U.S. Fish and Wildlife Service, telephone (907) 786-3864.
For questions specific to National Forest System lands, contact Ken
Thompson, Regional Subsistence Program Manager, USDA--Forest Service,
Alaska Region, 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 1996-1997 seasons and
bag limits, and methods and means were published on August 15, 1995, in
the Federal Register (60 FR 42085). 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 July 30, 1996
(61 FR 39697-39753) reflect Board review and consideration of Regional
Council recommendations and public comments submitted to the Board
during their April/May meeting. The Board heard public testimony and
deliberated Requests for Reconsideration and Special Action in public
forum on July 16, 1996, and August 14, 1996.
These correcting amendments are a result of Requests for
Reconsideration of some of the Board's decisions in April/May and some
requests for Special Action as a result of resource concerns. Below are
summaries of each action.
Subpart D
Units 6, 7, 11, 13, 14, 15 (B) and (C), and 16--Lynx--The Board
acted on a request from the Alaska Department of Fish and Game (ADF&G)
to open the trapping season in Units 6, 7, 14, 16, and 15 (B) and (C)
and to lengthen the season in Units 11 and 13. 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 July 16, 1996, meeting lengthened the caribou season in
Unit 13. The caribou herd continues to increase significantly raising
concerns about deteriorating range conditions. The Board concurs with
the Alaska Department of Fish and Game's management strategy to
encourage additional harvest to prevent significant population declines
in the future. A similar action was taken last year when the State
extended the season and the Board approved a matching extension on
Federal lands.
Unit 15(A)--Moose--Upon receipt of a Request for Reconsideration of
an action taken at the April meeting and as a result of a judicial
order, the Board deliberated the customary and traditional use
determination for moose in Unit 15(A). As a result, the Board
determined that four communities have customary and traditional use for
Unit 15(A) and established a subsistence season of August 18 to
September 20. This action was again the subject of a Request for
Reconsideration that the Board heard on August 14, 1996. The Board
upheld its previous decision to afford four communities a positive
customary and traditional determination and to establish a subsistence
moose season in Unit 15(A).
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 Procedures Act (APA) for this
final rule 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. The Board finds
good cause under 5 U.S.C.553(d)(3) to make this rule effective August
1, 1996.
[[Page 48627]]
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 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 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 (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
These rules contain information collection requirements subject to
Office of Management and Budget (OMB) approval under the Paperwork
Reduction Act of 1995. They apply to the use of public lands in Alaska.
The information collection requirements described below have been
submitted to OMB for approval. This collection of information will not
be required until it has been approved by OMB.
The collection of information will be achieved through the use of
the Federal Subsistence Hunt Permit Application. This collection
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
this rule is less than 500, yielding a total annual reporting and
recordkeeping burden of 125 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, D.C. 20240; and
the Office of Management and Budget, Paperwork Reduction Project
(Subsistence), Washington, D.C. 20503.
Economic Effects
This rule was not subject to OMB review under Executive Order
12866. 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, such as ammunition, snowmachine, and gasoline dealers.
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.
In general, the resources harvested under this rule will be
consumed by the local harvester and do not result in a dollar benefit
to the economy. However, it is estimated that 2 million pounds of meat
are harvested State-wide by the local subsistence users annually and,
if given a dollar value of $3.00 per pound, would equate to $6 million
State wide.
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 potential takings of private property implications
as defined by Executive Order 12630.
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
state governments or private entities.
The Service has determined that these final regulations meet the
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive
Order 12988.
Drafting Information. These regulations were drafted by William
Knauer 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; Ida Hildebrand, 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
[[Page 48628]]
Forests, Public Lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, Public Lands,
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 ______ .24(a)(1) is amended in the table by removing the
two entries for ``Unit 15(A) Moose'' and ``Unit 15 (B) and (C)
Moose''and adding one new entry in their place to read as follows:
Sec. ______ .24 Customary and traditional use determinations.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
* * * * *
15.................. Moose................. Residents of Ninilchik,
Nanwalek, Port Graham,
and Seldovia.
* * * * *
------------------------------------------------------------------------
* * * * *
3. Section ______.25(k)(6)(iii)(B) is amended in the table under
``Trapping'' by adding, after the entry for ``Fox, Red'' an entry for
Lynx to read as follows:
Sec. ______.25 Subsistence taking of wildlife.
* * * * *
(k) * * *
(6) * * *
(iii) * * *
(B) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping
* * * * *
Lynx:
No limit............................. Jan. 1-Jan. 31.
* * * * *
------------------------------------------------------------------------
* * * * *
4. Section ______.25.25(k)(7)(iii) is amended in the table under
``Trapping'' by adding, after the entry for ``Fox, Red'' an entry for
Lynx to read as follows:
* * * * *
(k) * * *
(7) * * *
(iii) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping
* * * * *
Lynx:
No limit............................. Jan. 1-Jan. 31.
* * * * *
------------------------------------------------------------------------
* * * * *
5. Section______.25(k)(11)(i) is amended in the table under
``Trapping'' by revising the entry for ``Lynx'' to read as follows:
* * * * *
(k) * * *
(11) * * *
(i) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping
* * * * *
Lynx:
No limit............................. Dec. 1-Jan. 15.
* * * * *
------------------------------------------------------------------------
* * * * *
6. 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 registration Aug. 1-Sept. 30.
permit only. Hunting within the Oct. 21-Mar. 31.
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.
* * * * *
------------------------------------------------------------------------
* * * * *
7. 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. 1-Jan. 15.
* * * * *
------------------------------------------------------------------------
* * * * *
8. Section ______.25(k)(14)(iii) is amended in the table under
``Trapping'' by adding, after the entry for ``Fox, Red'' an entry for
Lynx to read as follows:
* * * * *
(k) * * *
(14) * * *
(iii) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping
* * * * *
Lynx:
No limit............................. Dec. 15-Jan. 15.
* * * * *
------------------------------------------------------------------------
* * * * *
9. Section ______.25(k)(15)(iii)(D) is amended in the table under
``Hunting'' by revising the entry for ``Moose'' to read as follows:
* * * * *
(k) * * *
(15) * * *
(iii) * * *
(D) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
Hunting
* * * * *
Moose:
Unit 15(A) excluding Skilak Loop Aug. 18-Sept. 20.
Wildlife Management Area--1 antlered
bull with spike-fork or 50-inch
antlers or with 3 or more brow tines
on either antler, by Federal
registration permit only.
Unit 15(A) Skilak Loop Wildlife No open season.
Management Area.
[[Page 48629]]
Unit 15(B) and (C)-1 antlered bull Aug. 10-Sept. 20.
with spike-fork or 50-inch antlers
or with 3 or more brow tines on
either antler, by Federal
registration permit only.
* * * * *
------------------------------------------------------------------------
* * * * *
10. Section ______.25(k)(15)(iii)(D) is amended in the table under
``Trapping'' by adding, after the entry for ``Fox, Red'' an entry for
Lynx to read as follows:
* * * * *
(k) * * *
(15) * * *
(iii) * * *
(D) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping
* * * * *
Lynx:
Unit 15(B) and (C)--No limit......... Jan. 1-Jan. 31.
Unit 15(C)........................... No open season.
* * * * *
------------------------------------------------------------------------
* * * * *
11. Section ______.25(k)(16)(iii) is amended in the table under
``Trapping'' by adding, after the entry for ``Fox, Red'' an entry for
Lynx to read as follows:
* * * * *
(k) * * *
(16) * * *
(iii) * * *
------------------------------------------------------------------------
Harvest limits Open season
------------------------------------------------------------------------
* * * * *
Trapping
* * * * *
Lynx:
No limit............................. Dec. 15--Jan. 15.
* * * * *
------------------------------------------------------------------------
* * * * *
Dated: August 22, 1996.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: August 26, 1996.
James A. Caplan,
Acting Regional Forester, USDA-Forest Service.
[FR Doc. 96-23413 Filed 9-13-96; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
