[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25232]


[[Page Unknown]]

[Federal Register: October 13, 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

RIN 1018-AB43

 

Subsistence Management Regulations for Public Lands in Alaska, 
Subpart D; Subsistence Taking of Fish and Wildlife Regulations; 
Correcting Amendments

AGENCY: Forest Service, USDA, Fish and Wildlife Service, Interior.

ACTION: Correcting amendments.

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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 June 3, 1994) implementing the 
subsistence priority for rural residents of Alaska under Title VIII of 
the Alaska National Interest Lands Conservation Act (ANILCA) of 1980.

DATES: Effective July 1, 1994, these corrections amend the Subsistence 
Management Regulations, 50 CFR part 100 and 36 CFR part 242.

FOR FURTHER INFORMATION CONTACT: 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 Howse, 
Assistant Director, Subsistence, USDA--Forest Service, Alaska Region, 
P.O. Box 21628, Juneau, Alaska 99802; telephone (907) 586-8890.

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 Subpart D relates 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 D regulations for the 1994-1995 seasons and bag 
limits, and methods and means were published on September 2, 1993, in 
the Federal Register (58 FR 46678-46706). 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 to 
Subpart D. The public then had an additional 60 days in which to 
comment on the proposals for changes to the regulations. The Federal 
Subsistence Regional Advisory Councils (Regional 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 June 3, 1994 (59 FR 29032-29063) 
reflect Board review and consideration of Regional Council 
recommendations and public comments submitted to the Board during their 
April meeting.
    These correcting amendments are a result of Requests for 
Reconsideration of some of the Board's decisions in April and some 
requests for Special Action as a result of resource concerns. Below are 
summaries of each action.

Unit 1(B)--Goat

    The Board reopened the Frosty Bay Ridge area of Unit 1(B) to goat 
hunting. This area had been closed due to timber harvest activities in 
the area which could have subjected the small herd to excessive hunting 
pressure. Timber harvest activities were completed during the summer of 
1994. The Board, having analyzed the available data, found that the 
harvest of goats in the area was consistent with the conservation of 
healthy populations and the justification for the closure no longer 
applied. The change will provide an August 1-December 31 season with a 
harvest limit of two goats by State registration permit only.

Unit 18--Moose

    The Board acted on a Request for Reconsideration from the Lower 
Yukon Moose Management Committee to revise the action the Board took in 
April opening the lower Yukon area to moose hunting. Unit 18 is a large 
area encompassing over 26 million acres primarily in the Yukon and 
Kuskokwim River deltas. The traditional hunting periods for moose are 
slightly different in different areas of the Unit. The Request to the 
Board sought to revise the season in the Unit based on those 
differences. The Board reviewed the data and determined that providing 
different seasons in different areas of the unit would best accommodate 
traditional hunting periods and still be consistent with the 
conservation of healthy populations. The change will also correct a 
misprint in the June 3, Federal Register printing: The Kanektok and 
Goodnews drainages will remain closed to moose hunting, as they have 
been in the past. The Unit will also be divided into three other areas 
with different seasons (September 5-25, September 1-30, and August 25-
September 25). Two of the areas will continue to have a 10-day winter 
hunt that will be announced later.

Unit 20(C)--Moose

    The Board acted on a request from the Denali Subsistence Resource 
Commission to the Secretary of the Interior to establish an additional 
moose season on National Park Service lands in Unit 20(C). A review of 
the data indicated that there is a customary and traditional basis for 
a late fall or early winter hunt. The moose population in the area is 
stable and can withstand the additional harvest. The Board determined 
that the additional season would accommodate customary and traditional 
hunting periods and still be consistent with the conservation of 
healthy populations. The change establishes an additional November 15-
December 15 hunt with a harvest limit of one antlered bull, except 
white-phased or partial albino, for Denali National Park and Preserve 
lands west of the Toklat River, excluding lands within Mount McKinley 
National Park as it existed prior to December 2, 1980.

Units 23 and 26(A)--Dall Sheep

    The Board received a request for a Special Action closing the Dall 
sheep season in northwest Alaska. This request follows an Alaska 
Department of Fish and Game Emergency Order closing the same area. The 
sheep population in northwest Alaska has experienced a dramatic decline 
since 1989 with a series of severe winters, high predation, and poor 
lamb production. Therefore, the Board closed the season to ensure the 
continued viability of the sheep populations in Northwest Alaska. The 
change closed the sheep season in Unit 23 west of Howard Pass and the 
Aniuk, Cutler, and Redstone Rivers and in Unit 26(A) west of Howard 
Pass and the Etivluk River.
    Only the items described above are being changed; but for clarity, 
the entire table section for the pertinent species in each Unit is 
reproduced.
    All of 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 
extension are impracticable, unnecessary, and contrary to the 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 correction. The Board also finds good cause 
under 5 U.S.C. 553(d)(3) to make this rule correction effective July 1, 
1994, the effective date of the Subsistence Management Regulations for 
Public Lands in Alaska.

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 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 concluded that the Federal Subsistence 
Management Program, under Alternative IV with an annual process for 
setting hunting and fishing regulations, may have some local impacts on 
subsistence uses, but it does not appear that the program may 
significantly restrict subsistence uses.

Paperwork Reduction Act

    These rules contain information collection requirements subject to 
Office of Management and Budget (OMB) approval under 44 U.S.C. 3501-
3520. They apply to the use of public lands in Alaska. The information 
collection requirements described above are approved by the OMB under 
44 U.S.C. 3501 and have been assigned clearance number 1018-0075.
    Public reporting burden for this form is estimated to average .1382 
hours per response, including time for reviewing instructions, 
gathering and maintaining data, and completing and reviewing the form. 
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, DC 20240; and the Office 
of Management and Budget, Paperwork Reduction Project (1018-0075), 
Washington DC 20503. Additional information collection requirements may 
be imposed if Local Advisory Committees subject to the Federal Advisory 
Committee Act are established under Subpart B. Such requirements will 
be submitted to OMB for approval prior to their implementation.

Economic Effects

    This rule was not subject to QMB 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. 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.
    These regulations do not meet the threshold criteria of 
``Federalism Effects'' as set forth in Executive Order 12612. 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 
significant takings implication relating to any property rights as 
outlined by Executive Order 12630.

Drafting Information

    These regulations were drafted under the guidance of Richard S. 
Pospahala, of the Office of Subsistence Management, Alaska Regional 
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional 
guidance was provided by Thomas H. Boyd, Alaska State Office, Bureau of 
Land Management; Lou Waller, Alaska Regional Office, National Park 
Service; John Borbridge, Alaska Area Office, Bureau of Indian affairs; 
and Norman Howse, USDA-Forest Service.

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, 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 ____.25(k)(1)(vii)(B) is amended in the table under 
``Hunting'' be revising the entry for Goat to read as follows:


Sec. ____.25  Subsistence taking of wildlife.

* * * * * * *
    (k) * * *
    (1) * * *
    (vii) * * *
    (B) * * *

------------------------------------------------------------------------
                 Harvest limits                        Open season      
------------------------------------------------------------------------
Hunting:                                                                
                                                                        
                              * * * * * * *                             
Goat:                                                                   
    Unit 1(A)--Revillagigedo Island only.......  No open season.        
    Unit 1(B)--that portion north of the         Aug. 1-Dec. 31.        
     Bradfield Canal and the North Fork of the                          
     Bradfield River. 1 goat by State                                   
     registration permit only; that portion                             
     between LeConte Bay and the North Fork of                          
     Bradfield River/Canal will require a                               
     Federal registration permit for the taking                         
     of a second goat; the taking of kids or                            
     nannies accompanied by kids is prohibited.                         
    Unit 1(A) and Unit 1(B)--Remainder--2 goats  Aug. 1-Dec. 31.        
     by State registration permit only.                                 
    Unit 1(C)--that portion draining into Lynn   Oct. 1-Nov. 30.        
     Canal and Stephens Passage between Antler                          
     River and Eagle Glacier and River--1 goat                          
     by State registration permit only.                                 
    Unit 1(C)--that portion draining into        No open season.        
     Stephens Passage and Taku Inlet between                            
     Eagle Glacier and River and Taku Glacier,                          
     and all drainages of the Chilkat Range                             
     south of the Endicott River.                                       
    Remainder of Unit 1(C)--1 goat by State      Aug. 1-Nov. 30.        
     registration permit only.                                          
    Unit 1(D)--that portion lying north of the   Sept. 15-Nov. 30.      
     Katzehin River and northeast of the Haines                         
     highway--1 goat by State registration                              
     permit only.                                                       
    Unit 1(D)--that portion lying between Taiya  No open season.        
     Inlet and River and the White Pass and                             
     Yukon Railroad.                                                    
    Remainder of Unit 1(D)--1 goat by State      Aug. 1-Dec. 31.        
     registration permit only.                                          
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *
    3. Section ____.25(k)(18)(iii)(B) is amended in the table under 
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
    (k) * * *
    (18)* * *
    (iii) * * *
    (B) * * * 

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
                                                                        
                              * * * * * * *                             
Moose:                                                                  
    Unit 18--that portion north and west of a    Sept. 5-Sept. 25.      
     line from Cape Romanzof to Kuzilvak                                
     Mountain, and then to Mountain Village,                            
     and west of, but not including, the                                
     Andreafsky River drainage--1 antlered bull.                        
    Unit 18--Goodnews River and Kanektok River   No open season.        
     drainages.                                                         
    Unit 18--Kuskokwim River drainage--1         Aug. 25-Sept. 25.      
     antlered bull. A 10-day hunt (1 bull,        Winter season to be   
     evidence of sex required) will be opened     announced.            
     by announcement sometime between Dec. 1                            
     and Feb. 28.                                                       
    Remainder of Unit 18--1 antlered bull A 10-  Sept. 1-Sept. 30.      
     day hunt (1 bull, evidence of sex            Winter season to be   
     required) will be opened by announcement     announced.            
     sometime between Dec. 1 and Feb. 28.                               
    Public lands in Unit 18 are closed to the                           
     hunting of moose, except by rural Alaska                           
     residents of Unit 18 and Upper Kalskag                             
     during seasons identified above.                                   
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *
    4. Section ____.25(k)(20)(iii)(C) is amended in the table under 
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
    (k) * * *
    (20) * * *
    (iii) * * *
    (C) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
                                                                        
                              * * * * * * *                             
Moose:                                                                  
    Unit 20 (A)--the Ferry Trail Management      Sept. 1-Sept. 20.      
     Area--1 bull with spike-fork or 50-inch                            
     antlers or antlers with 4 or more brow                             
     tines on one side.                                                 
    Remainder of Unit 20(A)--1 antlered bull...  Sept. 1-Sept. 20.      
    Unit 20 (B)--that portion within the Minto   Sept. 1-Sept. 20. Jan. 
     Flats Management Area--1 bull by Federal     10-Feb. 28.           
     registration permit only.                                          
    Unit 20 (B)--the drainage of the Middle      Sept. 1-Sept. 20.      
     Fork of the Chena River and that portion                           
     of the Salcha River Drainage upstream from                         
     and including Goose Creek--antlered bull.                          
    Remainder of Unit 20(B) -- 1 antlered bull.  Sept. 1 -- Sept. 20.   
    Unit 20(C)--that portion within Denali       Sept. 1-Sept. 30. Nov. 
     National Park and Preserve west of the       15-Dec. 15.           
     Toklat River, excluding lands within Mount                         
     McKinley National Park as it existed prior                         
     to December 2, 1980--1 antlered bull;                              
     however, white-phased or partial albino                            
     (more than 50 percent white) moose may not                         
     be taken.                                                          
    Remainder of Unit 20(C) -- 1 antlered bull;  Sept. 1 -- Sept. 30.   
     however, white-phased or partial albino                            
     (more than 50 percent white) moose may not                         
     be taken.                                                          
    Unit 20(E)--that portion drained by the      Sept. 1-Sept. 15.      
     Ladue, Sixty-mile, and Forty-mile Rivers                           
     (all forks) from Mile 9\1/2\ to Mile 145                           
     Taylor Highway, including the Boundary                             
     Cutoff Road--1 antlered bull.                                      
    Remainder of Unit 20(E)--that portion        Sept. 5-Sept. 25.      
     draining into the Yukon River upstream                             
     from and including the Charley River                               
     drainage to and including the Boundary                             
     Creek drainages and the Taylor Highway                             
     from mile 145 to Eagle--1 antlered bull.                           
    Unit 20(F)--that portion within the Dalton   Sept. 1-Sept. 25.      
     Highway Corridor.                                                  
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *
    5. Section ____.25(k)(23)(iii)(C) is amended in the table under 
``Hunting'' by revising the entry for Moose to read as follows:
* * * * *
    (k) * * *
    (20) * * *
    (iii) * * *
    (C) * * * 

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
Hunting:                                                                
                                                                        
                              * * * * * * *                             
Sheep:                                                                  
    Unit 23--that portion west of Howard Pass    No open season.        
     and the Aniuk, Cutler, and Redstone Rivers.                        
    Remainder of Unit 23--1 ram with 7/8 curl    Aug. 10-Sept. 20.      
     horn or larger.                                                    
    Remainder of Unit 23--1 sheep..............  Oct. 1-Apr. 30.        
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *
    6. Section ____.25(k)(26)(iii)(B) is amended in the table under 
``hunting'' by revising the entry for Sheep to read as follows:
* * * * *
    (k) * * *
    (26) * * *
    (iii) * * *
    (B) * * *

------------------------------------------------------------------------
                Harvest limits                         Open season      
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Sheep:                                                                  
    Unit 26(A)--those portions within the Gates  Aug. 1-Apr. 30.        
     of the Arctic National Park--3 sheep.                              
    Unit 26(A)--that portion west of Howard      No open season.        
     Pass and the Etivluk River.                                        
    Unit 26(B)--that portion within the Dalton   Aug 10-Sept. 20.       
     Highway Corridor Management Area--1 ram                            
     with 7/8 curl horn or larger by Federal                            
     registration permit only.                                          
    Remainder of Unit 26 (A) and (B) --          Aug. 10-Sept. 20.      
     including the Gates of the Arctic National                         
     Preserve--1 ram with 7/8 curl horn or                              
     larger.                                                            
    Unit 26(C)--3 sheep per regulatory year;     Aug. 10-Sept. 20. Oct. 
     the Aug. 10--Sept. 20 season is restricted   1-Apr. 30.            
     to 1 ram with 7/8 curl horn or larger. A                           
     Federal registration permit is required                            
     for the Oct. 1--Apr. 30 season. Kaktovik                           
     residents may harvest sheep in accordance                          
     with a Federal community harvest strategy                          
     for Unit 26(C) which provides for take of                          
     up to two harvest limits of 3 sheep by                             
     designated hunter.                                                 
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *
    Dated: September 7, 1994.
William L. Hensley,
Chair, Federal Subsistence Board.
Robert W. Williams,
Acting Regional Forester USDA-Forest Service.
    Dated: September 8, 1994.
[FR Doc. 94-25232 Filed 10-12-94; 8:45 am]
BILLING CODE 3410-11-M