[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5685-5689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3186]



=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AC82

Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C & Subpart D--1995-1996 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 (published in the Federal Register on June 
15, 1995) implementing the subsistence priority for rural residents of 
Alaska under Title VIII of the Alaska National Interest Lands 
Conservation Act of 1980.

EFFECTIVE DATE: These corrections are effective July 1, 1995 through 
June 30, 1996.

FOR FURTHER INFORMATION CONTACT:
Thomas H. Boyd, Office of Subsistence Management, U.S. Fish and 
Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska 99503; 
telephone (907) 786-3864. For questions specific to National Forest 
System lands, contact Ken Thompson, Regional Subsistence Program 
Manager, USDA--Forest 

[[Page 5686]]
Service, Alaska Region, P.O. Box 21628, Juneau, Alaska 99802-1628; 
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 1995-1996 seasons and 
bag limits, and methods and means were published on September 2, 1994, 
in the Federal Register (59 FR 45924-45961). 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 June 15, 
1995 (60 FR 31542-31594) reflect Board review and consideration of 
Regional Council recommendations and public comments submitted to the 
Board during their April meeting. The Board heard public testimony and 
deliberated Requests for Reconsideration and Special Action in public 
forum on September 26 and November 9, 1995.
    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.

Subpart D

    Units 11, 12, 13, 20, and 25(C)--Lynx--The Board acted on a request 
from the Alaska Department of Fish and Game (ADF&G) to lengthen the 
season in 25(C) and parts of Unit 20, and shorten the season in Units 
11, 12, 13, and parts of Unit 20. 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 November 9, 1995, meeting deliberated the issue of 
opening Unit 13 to caribou hunting. The caribou herd had increased by 
about 6,000 animals and remained in an accessible area. The Board 
opened a season to coincide with the State season to provide 
subsistence users an opportunity to harvest caribou.
    Unit 17(A)--Caribou (Mulchatna Herd)--Upon receipt of a request for 
Special Action the Board, as its September 26, 1995, meeting 
deliberated the issue of opening Unit 17(A) to caribou hunting. The 
Mulchatna caribou herd which numbers about 160,000 animals is moving 
into the western portion of Unit 17(A). The Board established a season 
to be announced when enough caribou have moved into the area to allow a 
harvest without jeopardizing smaller resident herds.
    Unit 17 (A) and (C)--Caribou--Upon receipt of request for Special 
Action the Board, at its September 26, 1995, meeting deliberated the 
issue of opening Unit 17 (A) and (C) to caribou hunting one month 
earlier. The past year's harvest was lower than anticipated due to poor 
travel conditions. Because this is a quota hunt the opening of the 
season one month earlier will not cause any additional harvest other 
than what is planned.
    Unit 22(A)--Moose--Upon receipt of a Request for Reconsideration of 
an action taken at the April meeting, the Board deliberated the issue 
of the health of the moose population in Unit 22(A). As a result, the 
Board closed public lands to non-subsistence moose hunting from 
December 1, 1995, through January 31, 1996.
    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 Procedure Act (APA) for this 
extension 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 correction. The 
Board also finds 

[[Page 5687]]
good cause under 5 U.S.C. 553(d)(3) to make this rule correction 
effective July 1, 1995, 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 period, 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, published 
May 29, 1992 (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

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the U.S. Fish and Wildlife Service has received approval for 
this collection of information, with approval number 1018-0075, with 
the expiration date of July 31, 1996.
    The collection of information will be achieved through the use of 
the Federal Subsistence Hunt Permit Application. This collection of 
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 
these correcting amendments is less than 200, yielding a total annual 
reporting and recordkeeping burden of fifty 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, 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.
    This rule was not subject to OMB review under Executive Order 
12866.

Economic Effects

    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 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; John Borbridge, 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 
Forests, Public Lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, Public Lands, 

[[Page 5688]]
    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)(11) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:


Sec. ____.25  Subsistence taking of wildlife.

* * * * *
    (k) * * *
    (11) * * *

------------------------------------------------------------------------
              Harvest limits                         Open season        
------------------------------------------------------------------------
                                                                        
                                                                        
                  *        *        *        *        *                 
Trapping:                                                               
                                                                        
                  *        *        *        *        *                 
Lynx: No limit............................  Dec. 15-Jan. 15.            
                                                                        
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

* * * * *
    3. Section ____.25(k)(12) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * *
    (12) * * *

------------------------------------------------------------------------
              Harvest limits                         Open season        
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Trapping:                                                               
                                                                        
                  *        *        *        *        *                 
Lynx: No limit............................  Dec. 15-Jan. 15.            
                                                                        
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

* * * * *
    4. 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          Aug. 10-Sept. 30, Nov. 15-Dec.   
 registration permit only. Hunting      31, Jan. 5-Mar. 31.             
 within the 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..                                                      
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

* * * * *
    5. 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. 15--Jan. 15.           
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

* * * * *
    6. Section ____.25(k)(17)(iii) is amended in the table under 
``Hunting'' by revising the entry for Caribou to read as follows:
 * * * * *
    (k) * * *
    (17) * * *
    (iii) * * *

------------------------------------------------------------------------
            Harvest limits                        Open season           
------------------------------------------------------------------------
Hunting:                                                                
                                                                        
                  *        *        *        *        *                 
Caribou:                                                                
  Unit 17(A)--that portion west of     Season to be announced.          
   the Togiak River, south to Cape                                      
   Newenham--2 caribou. Season to be                                    
   opened by announcement sometime                                      
   between Aug. 1-April 15.                                             
  Unit 17 (A) and (C)--that portion    Dec. 1-Mar. 31.                  
   of 17 (A) and (C) consisting of                                      
   the Nushagak Peninsula south of                                      
   the Igushik River, Tuklung River                                     
   and Tuklung Hills, west to                                           
   Tvativak Bay--1 caribou by Federal                                   
   registration permit. Public lands                                    
   are closed to the taking of                                          
   caribou except by the residents of                                   
   Togiak, Twin HIlls, Manokotak,                                       
   Aleknagik, Dillingham, Clark's                                       
   Point, and Ekuk during seasons                                       
   identified above.                                                    
  Unit 17 (B) and (C)--that portion    Aug. 1-Apr. 15                   
   of 17 (C) east of the Nushagak                                       
   River--5 caribou; however, no more                                   
   than 2 caribou may be bulls..                                        
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

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

------------------------------------------------------------------------
            Harvest limits                        Open season           
------------------------------------------------------------------------
                                                                        
                *         *         *         *        *                
Trapping:                                                               
                  *        *        *        *        *                 
Lynx:                                                                   
  Unit 20 (A), (B), (D), (E), and (C)  Dec. 15-Jan. 15.                 
   East of the Teklanika River--No                                      
   limit.                                                               
  Unit 20(F) and the remainder of      Dec. 1-Jan. 31.                  
   20(C)--No limit.                                                     
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

 * * * * *
    8. Section ____.25(k)(22)(ii)(C) is amended in the table under 
``Hunting'' by revising the entry for Moose to read as follows:
 * * * * *
    (k) * * *
    (22) * * *
    (ii) * * *
    (C) * * *

[[Page 5689]]


------------------------------------------------------------------------
            Harvest limits                        Open season           
------------------------------------------------------------------------
Hunting                                                                 
                                                                        
                  *        *        *        *        *                 
Moose:                                                                  
  Unit 22(A)--1 antlered bull;         Aug. 1-Sept. 30, Dec. 1-Jan. 31. 
   however the period of Dec. 1-Jan.                                    
   31 is restricted to residents of                                     
   Unit 22(A) only.                                                     
  Unit 22(B)--1 moose; however,        Aug. 1-Jan. 31.                  
   antlerless moose may be taken only                                   
   from Dec. 1-Dec. 31; no person may                                   
   take a cow accompanied by a calf.                                    
  Unit 22(C)--1 antlered bull........  Sept. 1-Sept. 14.                
  Unit 22(D)--1 moose; however,        Aug. 1-Jan. 31.                  
   antlerless moose may be taken only                                   
   from Dec. 1-Dec. 31; no person may                                   
   take a cow accompanied by a calf.                                    
  Unit 22(E)--1 moose; no person may   Aug. 1-Mar. 31.                  
   take a cow accompanied by a calf.                                    
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

* * * * *
    9. Section ____.25(k)(25)(iii)(B) is amended in the table under 
``Trapping'' by revising the entry for Lynx to read as follows:
* * * * *
    (k) * * *
    (25) * * *
    (iii) * * *
    (B) * * *

------------------------------------------------------------------------
            Harvest limits                        Open season           
------------------------------------------------------------------------
Trapping:                                                               
                                                                        
                  *        *        *        *        *                 
Lynx:                                                                   
  Unit 25(C)--No limit...............  Dec. 1-Jan. 31.                  
  Remainder of Unit 25--No limit.....  Nov. 1-Feb. 28.                  
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

* * * * *
    Dated: January 19, 1996.
Mitch Demientieff,
Chair, Federal Subsistence Board.
    Dated: January 18, 1996.
Phil Janik,
Regional Forester, USDA--Forest Service.
[FR Doc. 96-3186 Filed 2-13-96; 8:45 am]
BILLING CODES 3410-11-M, 4310-55-M