[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