[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 46148-46152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23117]



[[Page 46147]]

_______________________________________________________________________

Part IX

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 Public Lands in Alaska (Subparts 
C & D, 1998-99) and Subsistence Taking of Fish and Wildlife 
Regulations: Correcting Amendments; Final Rule

  Federal Register / Vol. 63, No. 167 / Friday, August 28, 1998 / Rules 
and Regulations  

[[Page 46148]]



DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

 DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AE12


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C & Subpart D--1998-1999 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 
29, 1998 (63 FR 35332) implementing the subsistence priority for rural 
residents of Alaska under Title VIII of the Alaska National Interest 
Lands Conservation Act of 1980. The June 29, 1998, final rule 
established regulations for seasons, harvest limits, methods, and means 
relating to taking of wildlife for subsistence uses during the 1998-
1999 regulatory year.

DATES: The amendments to Section ____.25 are effective July 1, 1998, 
through June 30, 1999.

FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence 
Management, U.S. Fish and Wildlife Service, telephone (907) 786-3888. 
For questions specific to National Forest System lands, contact Ken 
Thompson, Regional Subsistence Program Manager, USDA--Forest Service, 
Alaska Region, telephone (907) 271-2540.

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 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 this rule and agree with 
its substance. Because this rule relates to public lands managed by an 
agency or agencies in both the Departments of Agriculture and the 
Interior, identical text would 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 1998-1999 seasons and 
bag limits, and methods and means were published on July 25, 1997, in 
the Federal Register (62 FR 39987). 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 29, 1998 
(63 FR 35332) reflect Board review and consideration of Regional 
Council recommendations and public comments submitted to the Board 
during their April/May meeting.
    These correcting amendments are a result of two requests for 
Special Action resulting from additional opportunities for subsistence 
harvest of wildlife resources. Below are summaries of each action.

Subpart D

    Units 9D) and 10, Unimak Island--Caribou--The Board acted on a 
request to open a limited hunt. This follows biological surveys which 
indicate that the herd in this area is large enough to support a 
limited harvest.
    Units 23 and 26--Sheep--The Board acted on a request to open a 
limited hunt. This follows biological surveys which indicate that the 
herd in this area is large enough to support a limited harvest. This 
action would also close Federal public lands to non-Federally qualified 
users.
    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 Procedures Act (APA) for this 
final rule 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. The Board finds 
good cause under 5 U.S.C. 553(d)(3) to make this rule effective July 1, 
1998.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement (DEIS) that described four

[[Page 46149]]

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, 
published May 29, 1992) implemented the Federal Subsistence Management 
Program and included 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

    These rules contain information collection requirements subject to 
Office of Management and Budget (OMB) approval under the Paperwork 
Reduction Act of 1995. They apply to the use of public lands in Alaska. 
The information collection requirements described below have been 
approved by OMB under 44 U.S.C. 3501 and have been assigned clearance 
number 1018-0075, which expires 5/31/2000.
    The collection of information will be achieved through the use of 
the Federal Subsistence Hunt Permit Application. This collection 
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 
this rule is less than 5,000, yielding a total annual reporting and 
recordkeeping burden of 1,250 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, D.C. 20240; and 
the Office of Management and Budget, Paperwork Reduction Project 
(Subsistence), Washington, D.C. 20503. Additional information 
collection requirements may be imposed if Local Advisory Committees 
subject to the Federal Advisory Committee Act are established under 
Subpart B.

Economic Effects

    This rule was not subject to OMB 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, such as ammunition, snowmachine, and gasoline dealers. 
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.
    In general, the resources harvested under this rule will be 
consumed by the local harvester and do not result in a dollar benefit 
to the economy. However, it is estimated that 2 million pounds of meat 
are harvested State-wide by the local subsistence users annually and, 
if given a dollar value of $3.00 per pound, would equate to $6 million 
State wide.
    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 potential takings of private property implications 
as defined by Executive Order 12630.
    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not 
impose a cost of $100 million or more in any given year on local or 
state governments or private entities.
    The Service has determined that these final regulations meet the 
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
Order 12988.
    Drafting Information. These regulations were drafted by William 
Knauer 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 Curt 
Wilson, Alaska State Office, Bureau of Land Management; Sandy 
Rabinowitch, Alaska Regional Office, National Park Service; Ida 
Hildebrand, 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

[[Page 46150]]

forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
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 
effective July 1, 1998, through June 30, 1999, 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)(9)(ii) is amended in the table under 
``Hunting'' by revising the entry for ``Caribou'' to read as follows:


Sec. ____.25  Subsistence taking of wildlife.

* * * * *
    (k) * * *
    (9) * * *
    (ii) * * *

------------------------------------------------------------------------
          Harvest limits                         Open season            
------------------------------------------------------------------------
              Hunting                                                   
                                                                        
      *         *         *         *         *         *         *     
Caribou:                                                                
    Unit 9(A)--4 caribou; however,  Aug. 10--Mar. 31.                   
     no more than 2 caribou may be                                      
     taken Aug. 10--Sept. 30 and                                        
     no more than 1 caribou may be                                      
     taken Oct. 1--Nov. 30.                                             
    Unit 9(C)--4 caribou; however,  Aug. 10--Mar. 31.                   
     no more than 1 may be a cow,                                       
     no more than 2 caribou may be                                      
     taken Aug. 10--Nov. 30, and                                        
     no more than 1 caribou may be                                      
     taken per calendar month                                           
     between Dec. 1--Mar. 31.                                           
    Unit 9(B)--5 caribou; however,  Aug. 1--Apr. 15.                    
     no more than 2 bulls may be                                        
     taken from Oct. 1--Nov. 30.                                        
    Unit 9(D)--1 bull by Federal    Aug. 1--Mar. 31.                    
     registration permit only. A                                        
     Federally-qualified                                                
     subsistence user (recipient)                                       
     may designate another                                              
     Federally-qualified                                                
     subsistence user to take                                           
     caribou on his or her behalf                                       
     unless the recipient is a                                          
     member of a community                                              
     operating under a community                                        
     harvest system. The                                                
     designated hunter must obtain                                      
     a designated hunter permit                                         
     and must return a completed                                        
     harvest report. The                                                
     designated hunter may hunt                                         
     for any number of recipients                                       
     but may have no more than                                          
     four harvest limits in his/                                        
     her possession at any one                                          
     time.                                                              
Unit 9(E)--that portion southwest   No open season.                     
 of the headwaters of Fireweed and                                      
 Blueberry Creeks (north of Mt.                                         
 Veniaminof) to and including the                                       
 Sandy River drainage on the                                            
 Bristol Bay side of the Alaska                                         
 Peninsula; and that portion south                                      
 of Seal Cape to Ramsey Bay on the                                      
 Pacific side of the Alaska                                             
 Peninsula divide is closed to all                                      
 hunting of caribou.                                                    
Remainder of Unit 9(E)--4 caribou.  Aug. 10--Apr. 30.                   
                                                                        
      *         *         *         *         *         *         *     
------------------------------------------------------------------------

* * * * *
    3. Section ____.25(k)(10)(ii) is amended in the table under 
``Hunting'' by revising the entry for ``Caribou'' to read as follows:
* * * * *
    (k) * * *
    (10) * * *
    (ii) * * *

------------------------------------------------------------------------
          Harvest limits                         Open season            
------------------------------------------------------------------------
              Hunting                                                   
Caribou:                                                                
    Unit 10--Unimak Island only...  Aug. 1--Mar. 31.                    
    1 bull by Federal registration  ....................................
     permit only. A Federally-                                          
     qualified subsistence user                                         
     (recipient) may designate                                          
     another Federally-qualified                                        
     subsistence user to take                                           
     caribou on his or her behalf                                       
     unless the recipient is a                                          
     member of a community                                              
     operating under a community                                        
     harvest system. The                                                
     designated hunter must obtain                                      
     a designated hunter permit                                         
     and must return a completed                                        
     harvest report. The                                                
     designated hunter may hunt                                         
     for any number of recipients                                       
     but may have no more than                                          
     four harvest limits in his/                                        
     her possession at any one                                          
     time..                                                             
    Remainder of Unit 10--No        July 1--June 30.                    
     limit..                                                            
                                                                        
      *         *         *         *         *         *         *     
------------------------------------------------------------------------

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

------------------------------------------------------------------------
          Harvest limits                         Open season            
------------------------------------------------------------------------
              Hunting                                                   
                                                                        

[[Page 46151]]

                                                                        
      *         *         *         *         *         *         *     
Sheep:                                                                  
    Unit 23--south of Rabbit        Aug. 10--Sept. 30. The season will  
     Creek, Kyak Creek and the       be closed when 10 sheep have been  
     Noatak River, and west of the   harvested.                         
     Cutler and Redstone Rivers                                         
     (Baird Mountains)--1 ram with                                      
     full curl or larger horns by                                       
     Federal registration permit.                                       
     Federal public lands are                                           
     closed to the taking of sheep                                      
     except by Federally-qualified                                      
     subsistence users.                                                 
    Unit 23--south of Rabbit        Oct. 1--Apr. 1. The season will be  
     Creek, Kyak Creek and the       closed when a total of 20 sheep    
     Noatak River, and west of the   have been harvested including those
     Cutler and Redstone Rivers      harvested during the Aug. 10       
     (Baird Mountains)--1 ram with   season.                            
     full curl or larger horns by                                       
     Federal registration permit.                                       
     Federal public lands are                                           
     closed to the taking of sheep                                      
     except by Federally-qualified                                      
     subsistence users.                                                 
    Unit 23--north of Rabbit        Aug. 10--Sept. 30. The season will  
     Creek, Kyak Creek and the       be closed when 10 sheep have been  
     Noatak River, and west of the   harvested in the DeLong Mountains. 
     Aniuk River (DeLong                                                
     Mountains)--1 ram with full                                        
     curl or larger horns by                                            
     Federal registration permit.                                       
     Federal public lands are                                           
     closed to the taking of sheep                                      
     except by Federally-qualified                                      
     subsistence users.                                                 
    Unit 23--north of Rabbit        Oct. 1--Apr. 1. The season will be  
     Creek, Kyak Creek and the       closed when a total of 20 sheep    
     Noatak River, and west of the   have been harvested in the DeLong  
     Aniuk River (DeLong             Mountains including those harvested
     Mountains)--1 ram with full     during the Aug. 10 season.         
     curl or larger horns by                                            
     Federal registration permit.                                       
     Federal public lands are                                           
     closed to the taking of sheep                                      
     except by Federally-qualified                                      
     subsistence users.                                                 
    Unit 23, remainder (Schwatka    Aug. 10--Sept. 20.                  
     Mountains)--1 ram with 7/8                                         
     curl horn or larger.                                               
    Unit 23, remainder (Schwatka    Oct. 1--Apr. 30.                    
     Mountains)--1 sheep..                                              
                                                                        
      *         *         *         *         *         *         *     
------------------------------------------------------------------------

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

------------------------------------------------------------------------
          Harvest limits                         Open season            
------------------------------------------------------------------------
              Hunting                                                   
                                                                        
      *         *         *         *         *         *         *     
Sheep:                                                                  
    26(A) and (B) (Anaktuvuk Pass   July 15--Dec. 31.                   
     residents only)--those                                             
     portions within the Gates of                                       
     the Arctic National Park--                                         
     community harvest quota of 60                                      
     sheep, no more than 10 of                                          
     which may be ewes and a daily                                      
     possession limit of 3 sheep                                        
     per person no more than 1 of                                       
     which may be a ewe.                                                
    Unit 26(A) (excluding           Aug. 1--Apr. 30.                    
     Anaktuvuk Pass residents)--                                        
     that portion within the Gates                                      
     of the Arctic National Park--                                      
     3 sheep.                                                           
    Unit 26(A)--that portion west   Aug. 10--Sept. 30. The season will  
     of Howard Pass and the          be closed when 10 sheep have been  
     Etivluk River (DeLong           harvested in the DeLong Mountains. 
     Mountains)--1 ram with full                                        
     curl or larger horns by                                            
     Federal registration permit.                                       
     Federal public lands are                                           
     closed to the taking of sheep                                      
     except by Federally-qualified                                      
     subsistence users.                                                 
    Unit 26(A)--that portion west   Oct. 1--Apr. 1. The season will be  
     of Howard Pass and the          closed when a total of 20 sheep    
     Etivluk River (DeLong           have been harvested in the DeLong  
     Mountains)--1 ram with full     Mountains including those harvested
     curl or larger horns by         during the Aug. 10 season.         
     Federal registration permit.                                       
     Federal public lands are                                           
     closed to the taking of sheep                                      
     except by Federally-qualified                                      
     subsistence users.                                                 
    Unit 26(B)--that portion        Aug. 10--Sept. 20.                  
     within the Dalton Highway                                          
     Corridor Management Area--1                                        
     ram with 7/8 curl horn or                                          
     larger by Federal                                                  
     registration permit only.                                          
    Remainder of Units 26(A) and    Aug. 10--Sept. 20.                  
     (B)--including the Gates of                                        
     the Arctic National Preserve--                                     
     1 ram with 7/8 curl horn or                                        
     larger.                                                            
    Unit 26(C)--3 sheep per         Aug. 10--Sept. 20. Oct. 1--Apr. 30. 
     regulatory year; the Aug. 10--                                     
     Sept. 20 season is restricted                                      
     to 1 ram with 7/8 curl horn                                        
     or larger. A Federal                                               
     registration permit is                                             
     required for the Oct. 1--Apr.                                      
     30 season.                                                         
                                                                        
      *         *         *         *         *         *         *     
------------------------------------------------------------------------


[[Page 46152]]

* * * * *
    Dated: August 14, 1998.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
    Dated: August 17, 1998.
John C. Capp,
Acting Regional Forester, USDA--Forest Service.
[FR Doc. 98-23117 Filed 8-27-98; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P