[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