[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
------------------------------------------------------------------------
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