[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Rules and Regulations]
[Pages 55092-55096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27343]


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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 and Adjustments--Yukon River Drainage

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 in-
season management actions to protect chinook and chum salmon escapement 
in the Yukon River drainage. These regulatory adjustments and the 
closures provide an exception to the Subsistence Management Regulations 
for Public Lands in Alaska, published in the Federal Register on 
February 13, 2001. Those regulations established seasons, harvest 
limits, methods, and means relating to the taking of fish and shellfish 
for subsistence uses during the 2001 regulatory year.

DATES: The twenty-eighth Yukon River drainage action is effective 
September 10, 2001, through November 9, 2001, for Subdistrict 6A; and 
September 11, 2001, through November 9, 2001, for Subdistrict 5A. See 
SUPPLEMENTARY INFORMATION for effective dates of the fourth through 
twenty-seventh Yukon River drainage actions.

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:

Previously Effective Dates

    The fourth Yukon River drainage action was effective June 12, 2001, 
through August 11, 2001, for Districts 1, 2, and 3. The fifth Yukon 
River drainage action was effective June 13, 2001, through August 12, 
2001, for District 4. The sixth Yukon River drainage action was 
effective June 19, 2001, through August 18, 2001, for the Coastal 
District; June 21, 2001, through August 18, 2001, for District 1; June 
24, 2001, through August 18, 2001, for District 2; and June 27, 2001, 
through August 18, 2001, for District 3. The seventh Yukon River 
drainage action was effective June 22, 2001, through July 30, 2001, for 
District 5. The eighth Yukon River drainage action was effective June 
26, 2001, through August 25, 2001, for Districts 1-4. The ninth Yukon 
River drainage action was effective June 28, 2001, through August 27, 
2001, for District 1; July 1, 2001, through August 27, 2001, for 
District 2; and July 4, 2001, through August 18, 2001, for District 3. 
The tenth Yukon River drainage action was effective July 1, 2001, 
through August 30, 2001, for Subdistrict 4A and July 4, 2001, through 
August 30, 2001, for Subdistricts 4B and 4C. The eleventh Yukon River 
drainage action was effective July 1, 2001, through August 30, 2001, 
for Districts 1, 2, 3, and 4 and Subdistricts 5A, 5B, and 5C. The 
twelfth Yukon River drainage action was effective July 4, 2001, through 
September 2, 2001, for the Koyukuk River. The thirteenth Yukon River 
drainage action was effective July 5, 2001, through September 4, 2001, 
for District 1 and July 6, 2001, through September 4, 2001, for 
Districts 2 and 3. The fourteenth Yukon River drainage action was 
effective July 8, 2001, through September 6, 2001, for Subdistrict 4A 
and July 11, 2001, through September 6, 2001, for

[[Page 55093]]

Subdistricts 4B and 4C. The fifteenth Yukon River drainage action was 
effective July 10, 2001, through September 8, 2001, for Subdistricts 5B 
and 5C. The sixteenth Yukon River drainage action was effective July 
13, 2001, through September 11, 2001, for Subdistrict 5A and July 17, 
2001, through September 11, 2001, for Subdistrict 5D. The seventeenth 
Yukon River drainage action was effective July 20, 2001, through 
September 18, 2001, for Districts 1, 2, and 3. The eighteenth Yukon 
River drainage action was effective July 20, 2001, through September 
18, 2001, for Subdistrict 5A. The nineteenth Yukon River drainage 
action was effective July 29, 2001, through September 27, 2001, for 
District 4 including the Koyukuk River. The twentieth Yukon River 
drainage action was effective July 27, 2001, through July 30, 2001, for 
all Federal waters of the Yukon River drainage. The twenty-first Yukon 
River drainage action was effective August 2, 2001, through October 1, 
2001, for Subdistrict 5D and August 3, 2001, through October 1, 2001, 
for Subdistricts 5A, 5B, and 5C. The twenty-second Yukon River drainage 
action was effective August 6, 2001, through October 5, 2001, for all 
Federal waters of the Yukon River drainage. The twenty-third Yukon 
River drainage action was effective August 6, 2001, through October 5, 
2001, for Districts 1-3; August 7, 2001, through October 5, 2001, for 
Subdistricts 5B and 5C; and August 8, 2001, through October 5, 2001, 
for District 4. The twenty-fourth Yukon River drainage action was 
effective August 8, 2001, through October 7, 2001, for District 4; 
August 9, 2001, through October 7, 2001, for Subdistricts 5B and 5C and 
Districts 1-3. The twenty-fifth Yukon River drainage action was 
effective August 9, 2001, through October 9, 2001, for Subdistrict 5A. 
The twenty-sixth Yukon River drainage action was effective August 10, 
2001, rescinding the twenty-second Yukon River action for Districts 1-
6. The twenty-seventh Yukon River drainage action is effective August 
20, 2001, through October 19, 2001, for Subdistrict 6A; and August 21, 
2001, through October 19, 2001, for Subdistrict 5A.

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 in Alaska, 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. The Departments 
administer Title VIII through regulations at Title 50, Part 100 and 
Title 36, Part 242 of the Code of Federal Regulations (CFR). 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, National Park Service; the Alaska State Director, Bureau of 
Land Management; the Alaska Regional Director, 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, which establish the program structure and 
determine which Alaska residents are eligible to take specific species 
for subsistence uses, and the annual Subpart D regulations, which 
establish seasons, harvest limits, and methods and means for 
subsistence take of species in specific areas. Subpart D regulations 
for the 2001 fishing seasons, harvest limits, and methods and means 
were published on February 13, 2001, (66 FR 10142). 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.
    The Alaska Department of Fish and Game (ADF&G), under the direction 
of the Alaska Board of Fisheries (BOF), manages sport, commercial, 
personal use, and State subsistence harvest on all lands and waters 
throughout Alaska. However, on Federal lands and waters, the Federal 
Subsistence Board implements a subsistence priority for rural residents 
as provided by Title VIII of ANILCA. In providing this priority, the 
Board may, when necessary, preempt State harvest regulations for fish 
or wildlife on Federal lands and waters.
    These emergency closures (restricted subsistence fishing schedules) 
and adjustments are necessary because of predictions of extremely weak 
returns of chinook, summer-run chum, and fall-run chum salmon in the 
Yukon River drainage. These emergency actions are authorized and in 
accordance with 50 CFR 100.19(d) and 36 CFR 242.19(d).

Yukon River Drainage

    It now appears that returns of chinook, summer, and fall chum 
salmon to the Yukon River in 2001 have been at or slightly larger than 
the record lows of 2000. Very low catches of chinook and chum salmon 
were reported by many subsistence fishermen in 2000. Chinook and summer 
chum salmon escapement monitoring projects in 2000 showed that the 
returns of these species were very weak throughout most of the Yukon 
River drainage. Federal and State Managers and most subsistence users 
in the region have had strong concerns that not enough chinook or 
summer chum salmon would reach their spawning grounds in 2001. There 
were similar concerns that subsistence needs in some areas would not be 
met.
    At their January 2001 meeting, the BOF identified the Yukon River 
chinook and chum salmon as stocks of concern and for the first time 
implemented a reduced subsistence fishing schedule to decrease 
confusion among users, increase the quality of escapement, spread the 
harvest throughout the run, and spread subsistence opportunity among 
users. In addition, ADF&G has indicated that any commercial fishing 
periods were highly unlikely for the Yukon River and that they would 
close the sport fishery for chinook salmon if the runs were weak. The 
ADF&G biologists and U.S. Fish & Wildlife Service personnel conducted 
public meetings, produced information posters, and published news 
articles to let the local users know about concerns regarding the 
expected low salmon returns and advised them regarding the restrictions 
and closures to protect spawning escapement.
    Overall, both the chinook and summer chum salmon runs were assessed 
to be low in abundance. Restrictions in fishing time were initially 
implemented in District 1 and moved upriver sequentially to conserve 
both chinook and summer chum salmon. When it was determined the summer 
chum salmon return would not meet a population size of 600,000 fish, 
gear restrictions were implemented in

[[Page 55094]]

District 1 on July 5, and also implemented sequentially upriver, to 
prohibit directed summer chum salmon harvest.
    The chinook salmon run now appears to be a little better than last 
year. The restricted subsistence fishing schedule successfully 
increased the quality of the escapement, spread the harvest throughout 
the run and spread subsistence harvest opportunity among users in the 
lower, middle and upper Yukon River. Subsistence salmon fishing time 
was restricted throughout the drainage to conserve chinook salmon. 
Subsistence catch reports have been variable with success rates ranging 
from very good to poor. It appears that most individuals who tried, 
were able to meet their subsistence needs for chinook salmon, while 
some individuals were unable to meet their needs for chum salmon.
    Early in the fall chum salmon season, there was great concern that 
this stock would not attain the minimum escapement goal. The poor 
outlook predicting a weak fall chum salmon run was based on the 
performance of the this years summer chum run and the realization that 
the trend of poor salmon production could continue for this year's fall 
season. The initial evaluation of all available information for fall 
chum salmon indicated that this year's run would likely be less than 
the 350,000 fish minimum. Since this projection was near or below the 
established drainage-wide goal, the management plan dictates that no 
directed subsistence harvest of fall chum salmon would be allowed.
    Subsistence fishing for whitefish, suckers and other non-salmon 
species was allowed 7 days per week wherever possible.
    On May 10, 2001, in public forum and after hearing testimony, the 
Federal Subsistence Board adopted an emergency action closing the 
chinook and summer chum salmon fishery on all Federal waters in the 
Yukon River drainage for 60 days (the maximum amount of time allowed 
under 50 CFR 100.19(d) and 36 CFR 242.19(d)) from June 1, 2001, to July 
30, 2001, to all users except those Federally-qualified subsistence 
users 2001 (66 FR 32750, June 18, 2001). (First action.)
    The Board also suspended the chinook salmon fin-marking restriction 
for subsistence users since there was no commercial harvest that 
subsistence-caught fish could blend into. (Second action.)
    On May 31, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in Districts 1-3 of the Yukon River 
drainage for the subsistence fisheries (66 FR 33642, June 25, 2001). In 
Districts 1-3 the take of salmon was closed except for two 36-hour 
periods each week. (Third action.)
    On June 12, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated 
gillnet restrictions on Federal waters in Districts 1-3 of the Yukon 
River drainage for the subsistence fisheries. These restrictions to 
nets with 4-inch or less stretched measure mesh and 60 feet or less in 
length allowed subsistence users to continue to subsistence fish for 
non-salmon species while still conserving salmon. (Fourth action.)
    On June 13, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in District 4 of the Yukon River 
drainage for the subsistence fisheries. In District 4, the take of 
salmon was closed except for two 48-hour periods each week. (Fifth 
action.)
    On June 19, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in the Coastal District and Districts 
1-3 of the Yukon River drainage for the subsistence fisheries. In the 
Coastal District, the take of salmon was closed except for one 96-hour 
period each week. In Districts 1-3 the take of salmon was closed except 
for two 24-hour periods each week. (Sixth action.)
    On June 22, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in District 5 of the Yukon River 
drainage for the subsistence fisheries. In District 5A, the take of 
salmon is closed except for two 42-hour periods each week. In District 
5B and 5C, the take of salmon was closed except for two 48-hour periods 
each week. (Seventh action.)
    On June 26, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers extended 
the gillnet restrictions on Federal waters to District 4 of the Yukon 
River drainage for the subsistence fisheries. This restriction to nets 
with 4-inch or less stretched measure mesh and 60 feet or less in 
length allowed subsistence users to continue to subsistence fish for 
non-salmon species while still conserving salmon. (Eighth action.)
    On June 28, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in Districts 1-3 of the Yukon River 
drainage for the subsistence fisheries. In Districts 1-3 the take of 
salmon was suspended for a single 24-hour period then returning to two 
24-hour periods each week. (Ninth action.)
    On July 1, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in District 4 of the Yukon River 
drainage for the subsistence fisheries. In District 4, the take of 
salmon was closed except for two 36-hour periods each week. (Tenth 
action.)
    On July 1, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers extended 
the fishwheel and gillnet restrictions that were already in effect on 
Federal waters in Districts 1-4 to Subdistricts 5A, 5B, and 5C of the 
Yukon River drainage for the subsistence fisheries. This restriction to 
nets with 4-inch or less stretched measure mesh and 60 feet or less in 
length allowed subsistence users to continue to subsistence fish for 
non-salmon species while still conserving salmon. (Eleventh action.)
    On July 4, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters on the Koyukuk River drainage of the 
Yukon River drainage for the subsistence fisheries. In that area, the 
take of salmon was closed except for two 48-hour periods each week. 
(Twelfth action.)
    On July 5, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in Districts 1-3 of the Yukon River 
drainage for the subsistence fisheries. In Districts 1-3 the take of 
salmon was closed except for one 24-hour period each week and gillnets 
are restricted to mesh size 8 inches or larger. (Thirteenth action.)
    On July 8, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers extended 
the fishwheel and gillnet restrictions on Federal waters to District 4, 
including the Koyukuk River drainage, of the Yukon River drainage for 
the subsistence fisheries. This restriction to nets with 4-inch or less 
stretched measure mesh and 60 feet or less in length seven days per 
week and nets with 8-inch or greater stretched measure mesh during 
salmon openings allowed

[[Page 55095]]

subsistence users to continue to subsistence fish while still 
conserving chum salmon. (Fourteenth action.)
    On July 10, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in District 5 of the Yukon River 
drainage for the subsistence fisheries. In Subdistricts 5B and 5C, the 
take of salmon was closed except for two 36-hour periods each week. 
(Fifteenth action.)
    On July 13, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers initiated a 
set of closures on Federal waters in District 5 of the Yukon River 
drainage for the subsistence fisheries. In District 5A, the take of 
salmon was closed except for two 36-hour periods each week. In District 
5D, the take of salmon was closed except for two 48-hour periods each 
week. Non-salmon gillnet restrictions were also extended to 
Subdistricts 5A and 5D during closed salmon fishing periods. (Sixteenth 
action.)
    On July 20, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers closed all 
Federal waters in Districts 1-3 of the Yukon River drainage for the 
subsistence salmon fisheries in order to conserve fall-run chum salmon. 
(Seventeenth action.)
    On July 20, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers relaxed 
restrictions on Federal waters in Subdistrict 5A of the Yukon River 
drainage for the subsistence fisheries. In Subdistrict 5A, the take of 
salmon was reopened for two 42-hour periods each week. (Eighteenth 
action.)
    On July 29, 2001, the Federal Subsistence Board, acting through the 
delegated field official and in concert with ADF&G managers closed all 
Federal waters in District 4, including the Koyukuk River drainage, of 
the Yukon River drainage for the subsistence salmon fisheries in order 
to conserve fall-run chum salmon. (Nineteenth action.)
    On July 27, 2001, the Federal Subsistence Board, acting through the 
delegated field official, removed the restriction on the harvest of 
chinook salmon by non-Federally-qualified users on all Federal waters 
in the Yukon River drainage. This action was based on larger than 
expected chinook runs which met both the spawning escapement and 
subsistence user needs. (Twentieth action.)
    On August 2, 2001, the Federal Subsistence Board, acting through 
the delegated field official and in concert with ADF&G managers closed 
salmon fishing in all Federal waters in Subdistricts 5A, B, and C and 
liberalized salmon fishing in Subdistrict 5D of the Yukon River 
drainage in order to conserve fall-run chum salmon and still provide an 
opportunity to take chinook salmon. (Twenty-first action.)
    On August 6, 2001, the Federal Subsistence Board, acting through 
the delegated field official closed fall-run chum salmon fishing to all 
non-Federally qualified users in all Federal waters of the Yukon River 
drainage in order to conserve fall-run chum salmon and yet provide a 
limited subsistence harvest opportunity. (Twenty-second action.)
    On August 6, 2001, the Federal Subsistence Board, acting through 
the delegated field official and in concert with ADF&G managers 
established a subsistence fishing schedule for Districts 1-4 and 
Subdistricts 5B and 5C of the Yukon River drainage in order to conserve 
fall-run chum salmon. (Twenty-third action.)
    On August 8, 2001, the Federal Subsistence Board, acting through 
the delegated field official and in concert with ADF&G managers 
increased the fishing periods in the subsistence fishing schedule for 
Districts 1-4 and Subdistricts 5B and 5C of the Yukon River drainage in 
order to provide greater harvest opportunities based on larger run 
projections. (Twenty-fourth action.)
    On August 9, 2001, the Federal Subsistence Board, acting through 
the delegated field official and in concert with ADF&G managers 
reinstated gillnet restrictions on Federal waters in Subdistrict 5A of 
the Yukon River drainage for the subsistence fisheries. This 
restriction to nets with 4-inch or less stretched measure mesh and 60 
feet or less in length seven days per week allowed subsistence users to 
continue to subsistence fish while still conserving chum salmon. 
(Twenty-fifth action.)
    On August 10, 2001, the Federal Subsistence Board, acting through 
the delegated field, removed the restriction on the harvest of chum 
salmon by non-Federally-qualified users on all Federal waters in the 
Yukon River drainage. This action was predicated on larger than 
expected chum runs which met both the spawning escapement and 
subsistence user needs. (Twenty-sixth action.)
    On August 20, 2001, the Federal Subsistence Board, acting through 
the delegated field official and in concert with ADF&G managers removed 
the gear restrictions for non-salmon species in Subdistricts 5A and 6A 
of the Yukon River drainage and opened those areas to the harvest of 
salmon. This action was predicated on continuing larger than expected 
chum runs which met both the spawning escapement and subsistence user 
needs. (Twenty-seventh action.)
    On September 10, 2001, the Federal Subsistence Board, acting 
through the delegated field official and in concert with ADF&G managers 
modified the subsistence fishing schedule and required the use of 
liveboxes on fishwheels on Federal waters in Subdistrict 5A of the 
Yukon River drainage for the subsistence fisheries. This restriction 
allowed subsistence users to harvest coho salmon while while still 
conserving chum salmon. (Twenty-eighth action.)
    These regulatory actions were necessary to assure the continued 
viability of the chinook and chum salmon runs and provide a long-term 
subsistence priority during a period of limited harvest opportunity. 
These reduced subsistence fishing schedules 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 Procedure Act (APA) for these 
emergency closures 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(b)(3)(B) to waive additional public notice and comment procedures 
prior to implementation of these actions and pursuant to 5 U.S.C. 
553(d) to make this rule effective as indicated in the DATES and the 
beginning of the SUPPLEMENTARY INFORMATION sections.

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 on Subsistence Management 
for Federal Public Lands in Alaska (ROD) signed April 6, 1992. The 
final rule for Subsistence Management Regulations for Public Lands in 
Alaska,

[[Page 55096]]

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 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

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

Other Requirements

    The adjustment and emergency closures have been exempted from 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 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 economic effect (both positive and negative) 
on a small number of small entities supporting subsistence activities, 
such as boat, fishing gear, and gasoline dealers. The number of small 
entities affected is unknown; but, the effects will be seasonally and 
geographically-limited in nature and will likely not be significant. 
The Departments certify that the adjustment and emergency closures will 
not have a significant economic effect on a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act.
    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, the adjustment 
and emergency closures 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 the adjustment and 
emergency closures 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 the adjustment and emergency 
closures meet the applicable standards provided in Sections 3(a) and 
3(b)(2) of Executive Order 12988, regarding civil justice reform.
    In accordance with Executive Order 13132, the adjustment and 
emergency closures 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 
fish and wildlife resources on Federal lands. Cooperative salmon run 
assessment efforts with ADF&G will continue.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, 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.
    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, or 
use. This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. As these actions are 
not expected to significantly affect energy supply, distribution, or 
use, they are not significant energy actions and no Statement of Energy 
Effects is required.

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. Taylor 
Brelsford, Alaska State Office, Bureau of Land Management; Rod Simmons, 
Alaska Regional Office, U.S. Fish and Wildlife Service; Bob Gerhard, 
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: October 4, 2001.
Kenneth E. Thompson,
Subsistence Program Leader, USDA--Forest Service.

Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 01-27343 Filed 10-31-01; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P