[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Rules and Regulations]
[Pages 50978-50980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17075]


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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; Seasonal Adjustments--Wildlife

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

ACTION: Seasonal adjustments.

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SUMMARY: This provides notice of the Federal Subsistence Board's in-
season management actions to protect moose populations in Unit 22 and 
caribou populations in Unit 9. These actions will provide an exception 
to the Subsistence Management Regulations for Public Lands in Alaska, 
published in the Federal Register on June 22, 2005. Those regulations 
established seasons, harvest limits, methods, and means relating to the 
taking of wildlife for subsistence uses during the 2005 regulatory 
year.

DATES: The closure of the fall subsistence caribou hunting season in 
parts of Unit 9 is effective August 10, 2005, through September 20, 
2005. The closure of the fall subsistence moose hunting season in part 
of Unit 22A is effective August 15, 2005, through September 30, 2005. 
The reduced fall subsistence moose hunting season in parts of Unit 22B 
and 22D is effective August 15, 2005, through September 30, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence

[[Page 50979]]

Management, U.S. Fish and Wildlife Service, telephone (907) 786-3888. 
For questions specific to National Forest System lands, contact Steve 
Kessler, 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 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 2005 hunting seasons, harvest limits, and methods and means 
were published on June 22, 2005 (70 FR 36268). Because this action 
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 Game (BOG), manages sport and State subsistence 
harvest on all lands 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 actions are authorized and in accordance with 50 CFR 
100.19(d-e) and 36 CFR 242.19(d-e).

Units 9C and 9E

    The Northern Alaska Peninsula Caribou Herd has declined since 1984, 
from a peak population of 20,000 caribou to an estimated 1,200 caribou 
in 2005. The exact reasons for the decline of the Northern Alaska 
Peninsula Caribou Herd are unknown, but are believed to be related to 
nutritional stress in the herd due to over-grazing of the range south 
of the Naknek River, disease, predation and poor habitat conditions 
throughout their entire range. This drastic population decline 
represents a conservation concern. The Alaska Department of Fish and 
Game has recently announced that it will not have a hunt in this area.
    The Federal Subsistence Board has also closed the fall subsistence 
caribou hunting season on Federal lands in Units 9C Remainder and Unit 
9E on the Alaska Peninsula, effective Aug. 10, 2005.

Unit 22A

    The Federal Subsistence Board has closed the fall moose hunting 
season in the central portion of Unit 22A in Western Alaska, due to low 
moose numbers in that area. The area affected is that portion of Unit 
22A in the Unalakleet drainage and all drainages flowing into Norton 
Sound north of the Golsovia drainage and south of the Tagoomenik and 
Shaktoolik River drainages.
    Recent moose surveys by the Bureau of Land Management and the 
Alaska Department of Fish and Game indicated there were approximately 
123 moose in the area, substantially below the Alaska Department of 
Fish and Game's management goal of 600 to 800 moose. Low numbers of 
yearling moose suggest that few moose are surviving to reproductive 
age. The combination of low moose density, a declining population trend 
and low numbers of yearling moose require eliminating the human harvest 
to allow for conservation of the herd.
    The closure aligns Federal subsistence hunting regulations with the 
State's closure of the moose hunting season in the central portion of 
Unit 22A.

Unit 22B and 22D

    The Federal Subsistence Board has shortened the fall subsistence 
moose hunting season on Federal lands in Unit 22D and in Unit 22B west 
of the Darby Mountains in the Nome area. The new season dates are Sept. 
1 through Sept. 14. This action is being taken to reduce hunting 
pressure, due to serious concerns about declines in the moose 
population in the area. The change establishes a uniform season in all 
hunt areas adjacent to the Nome road system and is intended to reduce 
the chances of over harvest. The Board's action follows similar action 
taken by the Alaska Department of Fish and Game through Emergency Order 
No. 05-02-05.
    The area affected in Unit 22D is within the Kougarok, Kuzitrin and 
Pilgrim river drainages and west of the Tisuk river drainage and Canyon 
Creek. The harvest limit in both Unit 22D and 22B west of the Darby 
Mountains remains 1 bull. The change also requires that hunters must 
have a State registration permit.
    The Board finds that additional public notice and comment 
requirements under the Administrative Procedure Act (APA) for these 
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, could 
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)(3) to 
make this rule effective as indicated in the DATES section.

[[Page 50980]]

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act

    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) was signed April 6, 1992. The 
final rule for Subsistence Management Regulations for Public Lands in 
Alaska, Subparts A, B, and C (57 FR 22940, 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.)

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 adjustments 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 sporting goods dealers. The number of small entities affected 
is unknown; however, the effects will be seasonally and geographically 
limited in nature and will likely not be significant. The Departments 
certify that the adjustments will not have a significant economic 
effect on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act. Under the Small Business Regulatory 
Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a 
major rule. It does not have an effect on the economy of $100 million 
or more, will not cause a major increase in costs or prices for 
consumers, and does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.
    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 
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 the 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 the adjustments 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 adjustments do not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. Title VIII of ANILCA precludes the State from 
exercising subsistence 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

    Bill 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; Greg Bos, Alaska 
Regional Office, U.S. Fish and Wildlife Service; Sandy Rabinowitch, 
Alaska Regional Office, National Park Service; Warren Eastland, Alaska 
Regional Office, Bureau of Indian Affairs; and Steve Kessler, 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: August 4, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.

    Dated: August 4, 2005.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 05-17075 Filed 8-26-05; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P