[Federal Register Volume 65, Number 178 (Wednesday, September 13, 2000)]
[Rules and Regulations]
[Pages 55190-55192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23487]


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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


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart D; Emergency Closures--Yukon River Closures and Adjustments

AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.

ACTION: Emergency closures and adjustments.

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SUMMARY: This provides notice of the Federal Subsistence Board's 
emergency closures to protect fall chum salmon escapement in the Yukon 
River drainage and adjustments to allow the taking of coho salmon. 
These closures and adjustments provide an exception to the Subsistence 
Management Regulations for Public Lands in Alaska, published in the 
Federal Register on January 8, 1999. Those regulations redefined the 
area subject to the subsistence priority for rural residents of Alaska 
under Title VIII of the Alaska National Interest Lands Conservation Act 
of 1980, and also established regulations for seasons, harvest limits, 
methods, and means relating to the taking of fish and shellfish for 
subsistence uses during the 2000 regulatory year.

DATES: The first Yukon River drainage restrictions were effective 
August 11, 2000, through October 10, 2000. The second Yukon River 
drainage restrictions (total closure) superceded the first restrictions 
and are effective August 23, 2000, through October 22, 2000. The third 
Yukon River adjustment (allowing the taking of salmon in the lower 
Yukon River with rod and reel and beach seine) is effective August 27, 
2000, through October 26, 2000. The fourth Yukon River adjustment 
(allowing the taking of coho salmon in the upper Yukon River with live 
chute-equipped fishwheels) is effective September 2, 2000, through 
November 1, 2000.

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, Subsistence Program Manager, USDA--Forest Service, Alaska 
Region, telephone (907) 786-3592.

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 that are consistent with 
ANILCA and that provide for the subsistence definition, preference, and 
participation specified in Sections 803, 804, and 805 of ANILCA. In 
December 1989, the Alaska Supreme Court ruled that the rural preference 
in the State subsistence statute violated the Alaska Constitution and, 
therefore, negated State compliance with ANILCA.
    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. Consistent with 
Subparts A, B, and C of these regulations, as revised January 8, 1999 
(64 FR 1276), the Departments established a Federal Subsistence Board 
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 Regional Director, U.S. Bureau of Indian 
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through 
the Board, these agencies participate in the development of regulations 
for Subparts A, B, and C, and the annual Subpart D regulations.
    Because this rule relates to public lands managed by an agency or 
agencies in both the Departments of Agriculture and the Interior, 
identical closures and adjustments would apply to 36 CFR part 242 and 
50 CFR part 100.
    Subpart D regulations for the 2000 fishing seasons and harvest 
limits, and methods and means were published on January 8, 1999 (64 FR 
1276).
    These emergency closures and adjustments are necessary because of 
extremely weak returns of fall-run chum salmon in the Yukon River 
drainage. These emergency actions are authorized and in accordance with 
50 CFR 100.19(c) and 36 CFR 242.19(c).

Yukon River Drainage--First Restriction

    As of August 1, 2000, the fall chum salmon run status was less than 
half the average and projections continued to drop with each passing 
day. The expectation for the 2000 fall chum salmon return was projected 
to be well below 600,000, the number required by the ADF&G Yukon River 
Drainage Fall Chum Salmon Management Plan to meet escapement and 
subsistence needs. Based on the Yukon River Drainage Fall Chum Salmon 
Management Plan, this projection was at the level that recommends 
subsistence fishing closures. Federal and State Managers and many 
subsistence users in the region had strong concerns that not enough 
fall chum salmon would reach their spawning grounds or meet minimum 
escapement needs. There was also strong concern that the Yukon River 
fall chum salmon run will be too low to support unrestricted 
subsistence fishing.
    The Alaska Department of Fish and Game issued Emergency Orders 
closing sport and personal use fishing for chum salmon in the Yukon 
drainage and restricting subsistence fishing to certain times each week 
in the various fishing districts along the river. The commercial 
fishery for fall chum salmon in the Yukon River was never opened.
    On August 11, 2000, the Federal Subsistence Board instituted the 
following adjustments for the Yukon River drainage:
    During any commercial salmon fishing season closure of greater than 
five days in duration, you may take salmon only during the following 
periods in the following districts:
    (A) In Districts 1, 2, and 3, salmon may be taken from 3:00 p.m. 
until 9:00 p.m. each Saturday;
    (B) In District 4, salmon may be taken from 6:00 p.m. Friday until 
6:00 p.m. Saturday;
    (C) In Subdistrict 5C, salmon may be taken from 8:00 p.m. Saturday 
until 8:00 a.m. Sunday and from 8:00 p.m. Thursday until 8:00 a.m. 
Friday;
    (D) In District 5D, salmon may be taken from 6:00 p.m. Saturday 
until 6:00 p.m. Sunday;
    (E) In District 6, salmon may be taken from 6:00 p.m. Monday until 
6:00 a.m. Wednesday.

[[Page 55191]]

    During any commercial salmon fishing season closure of greater than 
five days in duration, you may take fish other than salmon only with 
gillnets with a stretched mesh size of 4 inches or less or with other 
legal gear except fishwheels.
    These adjustments brought the Federal subsistence fishing 
regulations in line with the similar ADF&G action for unified 
management and minimized confusion under the dual management system.

Yukon River Drainage--Second Restriction (Total Closure)

    As of August 22, there was strong indication from in-season salmon 
escapement projects that the Yukon River fall chum salmon run would be 
too low to support subsistence fishing. The expectation for the 2000 
fall chum salmon return was well below 600,000, the number required by 
the Yukon River Drainage Fall Chum Salmon Management Plan to meet 
escapement and subsistence needs. The fall chum salmon run was less 
than half the average and below the 350,000 fall chum salmon minimum 
needed for escapement. The assessment from the majority of escapement 
monitoring projects in the lower and upper Yukon River was projecting 
continued weakness in the fall chum salmon return. These run 
projections were at levels that recommend subsistence fishing closures. 
Federal and State Managers and many subsistence users in the Yukon 
River region had strong concerns that not enough fall chum salmon will 
reach their spawning grounds or meet minimum escapement needs. This 
subsistence fishery closure was needed to ensure fall chum salmon stock 
health.
    This Board action on August 22, 2000, superceded the first Yukon 
River drainage restrictions and closed Federal subsistence salmon 
fishing in all Yukon River drainage fishing districts. In all Yukon 
River drainage districts, fishing for whitefish, suckers and other non-
salmon species during closed salmon fishing periods continues to be 
allowed seven days per week with gillnets of 4 inches or less stretch 
mesh and other legal gear except fishwheels.
    This closure brought the Federal subsistence fishing regulations in 
line with the similar ADF&G action for unified management and minimized 
confusion under the dual management system.

Yukon River Drainage--Third Adjustment (Opening Lower River)

    As of August 26, 2000, coho salmon returns to the Yukon River were 
well above average. At that time, above average coho salmon escapement 
estimates were reported by established monitoring projects throughout 
the river. In an effort to provide additional subsistence fishing 
opportunity on Federal lands in the lower Yukon River (Districts 1, 2, 
and that portion of District 3 within the Yukon Delta National Wildlife 
Refuge), the Board allowed the use of rod and reel and beach seine gear 
to fish for salmon. Coho salmon could be retained for subsistence 
purposes in the lower Yukon River area using the specified gear types; 
however, due to serious conservation concerns, fishermen were 
encouraged to release all chinook and chum salmon.
    This Board action effective August 27, 2000, opened Federal 
subsistence fishing with beach seines or rod and reel for salmon in 
Yukon River fishing Districts 1 and 2 and that portion of District 3 
within the Yukon Delta National Wildlife Refuge boundary.
    In all Yukon River drainage districts, fishing for whitefish, 
suckers and other non-salmon species during closed salmon fishing 
periods continues to be allowed seven days per week with gillnets of 4 
inches or less stretch mesh and other legal gear, except fishwheels.
    This adjustment brought the Federal subsistence fishing regulations 
in line with the similar ADF&G action for unified management and 
minimized confusion under the dual management system.

Yukon River Drainage--Fourth Adjustment (Opening Upper River)

    Although the extremely poor return of fall chum salmon to the Yukon 
River drainage prompted the earlier fishing closures and restrictions, 
coho salmon were experiencing an above-average return. The Board's 
fourth adjustment provided subsistence fishing opportunity for coho 
salmon, while minimizing the harvest of fall chum salmon. Federal and 
state biologists and local subsistence users continued to monitor the 
Yukon River chinook and chum salmon returns. The Board may alter the 
subsistence fishing schedules with further actions as additional 
inseason information becomes available.
    The Federal Subsistence Board on August 30, 2000, opened the upper 
Yukon River fishing Districts 4, 5, and 6 for subsistence coho salmon 
fishing using fish wheels equipped with live chutes, consistent with 
Alaska Department of Fish & Game emergency regulations. In Districts 4 
and 5-A, the open coho salmon subsistence period using fish wheels with 
live chutes will be from 8:00 a.m. to 8:00 p.m. each day. (The Board 
has not yet established the open periods for the remaining districts.) 
The live chute fish wheel must be manned at all times during operation. 
Nonsalmon species may be retained; however, all chinook and chum salmon 
must be released back into the river alive. Subsistence fishing for 
nonsalmon species can continue daily throughout the Yukon River 
drainage with gillnets of 4 inches or less (stretch mesh) and other 
legal gear, except fishwheels.
    This adjustment brought the Federal subsistence fishing regulations 
in line with the similar ADF&G action for unified management and 
minimized confusion under the dual management system.
    The Board finds that additional public notice and comment 
requirements under the Administrative Procedures Act (APA) for these 
emergency closures and adjustments are impracticable, unnecessary, and 
contrary to the public interest. Lack of appropriate and immediate 
conservation measures could seriously affect the continued viability of 
fish 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(d) to waive additional public notice and comment procedures prior 
to implementation of these actions.

Conformance with Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Final Environmental Impact Statement (FEIS) was published on 
February 28, 1992, and a Record of Decision (ROD) signed April 6, 1992. 
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. A final rule that redefined the jurisdiction of 
the Federal Subsistence Management Program to include waters subject to 
the subsistence priority was published on January 8, 1999, (64 FR 
1276.)

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

[[Page 55192]]

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 appeared 
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 the program is not likely to significantly 
restrict subsistence uses.

Paperwork Reduction Act

    These emergency closures and adjustments do not contain information 
collection requirements subject to Office of Management and Budget 
(OMB) approval under the Paperwork Reduction Act of 1995.

Other Requirements

    These emergency closures and adjustments are 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 determined that these emergency closures and 
adjustments will not have a significant economic effect on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act.
    These emergency closures and adjustments will impose no significant 
costs on small entities.
    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 
emergency closures and adjustments 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 Reform Act, 2 U.S.C. 1502 et seq., that these emergency 
closures and adjustments will not impose a cost of $100 million or more 
in any given year on local or State governments or private entities. 
The implementation is by Federal agencies, and no cost is involved to 
any State or local entities or Tribal governments.
    The Service has determined that these emergency closures and 
adjustments meet the applicable standards provided in Sections 3(a) and 
3(b)(2) of Executive Order 12988.
    In accordance with Executive Order 13132, these emergency closures 
and adjustments do not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment. Title VIII of 
ANILCA precludes the State from exercising management authority over 
wildlife resources on Federal lands.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects. The Bureau of Indian Affairs is a participating 
agency in this rulemaking.

Drafting Information

    William Knauer drafted this document under the guidance of Thomas 
H. Boyd, of the Office of Subsistence Management, Alaska Regional 
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska; Curt Wilson, 
Alaska State Office, Bureau of Land Management; Greg Bos, Alaska 
Regional Office, U.S. Fish and Wildlife Service; Sandy Rabinowitch, 
Alaska Regional Office, National Park Service; Ida Hildebrand, Alaska 
Regional Office, Bureau of Indian Affairs; and Ken Thompson, USDA-
Forest Service, provided additional guidance.

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.

    Dated: September 6, 2000.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Kenneth E. Thompson,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 00-23487 Filed 9-12-00; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P