[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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