Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Subsistence Taking of Fish and Wildlife Regulations; Correcting Amendments

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AB43

Subsistence Management Regulations for Public Lands in Alaska,

Subpart D; Subsistence Taking of Fish and Wildlife Regulations;

Correcting Amendments

AGENCY: Forest Service, USDA, Fish and Wildlife Service, Interior.

ACTION: Correcting amendments.

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SUMMARY: These corrections amend the Subsistence Management Regulations

for Public Lands in Alaska (50 CFR part 100 and 36 CFR part 242,

published in the Federal Register on June 3, 1994) implementing the

subsistence priority for rural residents of Alaska under Title VIII of

the Alaska National Interest Lands Conservation Act (ANILCA) of 1980.

DATES: Effective July 1, 1994, these corrections amend the Subsistence

Management Regulations, 50 CFR part 100 and 36 CFR part 242.

FOR FURTHER INFORMATION CONTACT: Richard S. Pospahala, Office of

Subsistence Management, U.S. Fish and Wildlife Service, 1011 E. Tudor

Road, Anchorage, Alaska 99503; telephone (907) 786-3447. For questions

specific to National Forest System lands, contact Norman Howse,

Assistant Director, Subsistence, USDA--Forest Service, Alaska Region,

P.O. Box 21628, Juneau, Alaska 99802; telephone (907) 586-8890.

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 (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 these corrections and

agree with their substance. Because Subpart D relates to public lands

managed by an agency or agencies in both the Departments of Agriculture

and the Interior, identical correcting text will be incorporated into

36 CFR part 242 and 50 CFR part 100.

Proposed Subpart D regulations for the 1994-1995 seasons and bag

limits, and methods and means were published on September 2, 1993, in

the Federal Register (58 FR 46678-46706). 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 to

Subpart D. The public then had an additional 60 days in which to

comment on the proposals for changes to the regulations. The Federal

Subsistence Regional Advisory Councils (Regional 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 3, 1994 (59 FR 29032-29063)

reflect Board review and consideration of Regional Council

recommendations and public comments submitted to the Board during their

April meeting.

These correcting amendments are a result of Requests for

Reconsideration of some of the Board's decisions in April and some

requests for Special Action as a result of resource concerns. Below are

summaries of each action.

Unit 1(B)--Goat

The Board reopened the Frosty Bay Ridge area of Unit 1(B) to goat

hunting. This area had been closed due to timber harvest activities in

the area which could have subjected the small herd to excessive hunting

pressure. Timber harvest activities were completed during the summer of

1994. The Board, having analyzed the available data, found that the

harvest of goats in the area was consistent with the conservation of

healthy populations and the justification for the closure no longer

applied. The change will provide an August 1-December 31 season with a

harvest limit of two goats by State registration permit only.

Unit 18--Moose

The Board acted on a Request for Reconsideration from the Lower

Yukon Moose Management Committee to revise the action the Board took in

April opening the lower Yukon area to moose hunting. Unit 18 is a large

area encompassing over 26 million acres primarily in the Yukon and

Kuskokwim River deltas. The traditional hunting periods for moose are

slightly different in different areas of the Unit. The Request to the

Board sought to revise the season in the Unit based on those

differences. The Board reviewed the data and determined that providing

different seasons in different areas of the unit would best accommodate

traditional hunting periods and still be consistent with the

conservation of healthy populations. The change will also correct a

misprint in the June 3, Federal Register printing: The Kanektok and

Goodnews drainages will remain closed to moose hunting, as they have

been in the past. The Unit will also be divided into three other areas

with different seasons (September 5-25, September 1-30, and August 25-

September 25). Two of the areas will continue to have a 10-day winter

hunt that will be announced later.

Unit 20(C)--Moose

The Board acted on a request from the Denali Subsistence Resource

Commission to the Secretary of the Interior to establish an additional

moose season on National Park Service lands in Unit 20(C). A review of

the data indicated that there is a customary and traditional basis for

a late fall or early winter hunt. The moose population in the area is

stable and can withstand the additional harvest. The Board determined

that the additional season would accommodate customary and traditional

hunting periods and still be consistent with the conservation of

healthy populations. The change establishes an additional November 15-

December 15 hunt with a harvest limit of one antlered bull, except

white-phased or partial albino, for Denali National Park and Preserve

lands west of the Toklat River, excluding lands within Mount McKinley

National Park as it existed prior to December 2, 1980.

Units 23 and 26(A)--Dall Sheep

The Board received a request for a Special Action closing the Dall

sheep season in northwest Alaska. This request follows an Alaska

Department of Fish and Game Emergency Order closing the same area. The

sheep population in northwest Alaska has experienced a dramatic decline

since 1989 with a series of severe winters, high predation, and poor

lamb production. Therefore, the Board closed the season to ensure the

continued viability of the sheep populations in Northwest Alaska. The

change closed the sheep season in Unit 23 west of Howard Pass and the

Aniuk, Cutler, and Redstone Rivers and in Unit 26(A) west of Howard

Pass and the Etivluk River.

Only the items described above are being changed; but for clarity,

the entire table section for the pertinent species in each Unit is

reproduced.

All of 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

extension are impracticable, unnecessary, and contrary to the 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 correction. The Board also finds good cause

under 5 U.S.C. 553(d)(3) to make this rule correction effective July 1,

1994, the effective date of the Subsistence Management Regulations for

Public Lands in Alaska.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance--A Draft Environmental

Impact Statement (DEIS) that described four 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)

implements the Federal Subsistence Management Program and includes 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 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 it does not appear that the program may

significantly restrict subsistence uses.

Paperwork Reduction Act

These rules contain information collection requirements subject to

Office of Management and Budget (OMB) approval under 44 U.S.C. 3501-

3520. They apply to the use of public lands in Alaska. The information

collection requirements described above are approved by the OMB under

44 U.S.C. 3501 and have been assigned clearance number 1018-0075.

Public reporting burden for this form is estimated to average .1382

hours per response, including time for reviewing instructions,

gathering and maintaining data, and completing and reviewing the form.

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, DC 20240; and the Office

of Management and Budget, Paperwork Reduction Project (1018-0075),

Washington DC 20503. Additional information collection requirements may

be imposed if Local Advisory Committees subject to the Federal Advisory

Committee Act are established under Subpart B. Such requirements will

be submitted to OMB for approval prior to their implementation.

Economic Effects

This rule was not subject to QMB 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. 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.

These regulations do not meet the threshold criteria of

``Federalism Effects'' as set forth in Executive Order 12612. 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

significant takings implication relating to any property rights as

outlined by Executive Order 12630.

Drafting Information

These regulations were drafted under the guidance of Richard S.

Pospahala, of the Office of Subsistence Management, Alaska Regional

Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional

guidance was provided by Thomas H. Boyd, Alaska State Office, Bureau of

Land Management; Lou Waller, Alaska Regional Office, National Park

Service; John Borbridge, Alaska Area Office, Bureau of Indian affairs;

and Norman Howse, USDA-Forest Service.

List of Subjects

36 CFR Part 242

Administrative practice and procedure, Alaska, Fish, National

Forests, Public Lands, Reporting and recordkeeping requirements,

Wildlife.

50 CFR Part 100

Administrative practice and procedure, Alaska, Fish, Public lands,

Reporting and recordkeeping requirements, Subsistence, 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 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)(1)(vii)(B) is amended in the table under

``Hunting'' be revising the entry for Goat to read as follows:

Sec. ____.25 Subsistence taking of wildlife.

* * * * * * *

(k) * * *

(1) * * *

(vii) * * *

(B) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * *

Goat:

Unit 1(A)--Revillagigedo Island only....... No open season.

Unit 1(B)--that portion north of the Aug. 1-Dec. 31.

Bradfield Canal and the North Fork of the

Bradfield River. 1 goat by State

registration permit only; that portion

between LeConte Bay and the North Fork of

Bradfield River/Canal will require a

Federal registration permit for the taking

of a second goat; the taking of kids or

nannies accompanied by kids is prohibited.

Unit 1(A) and Unit 1(B)--Remainder--2 goats Aug. 1-Dec. 31.

by State registration permit only.

Unit 1(C)--that portion draining into Lynn Oct. 1-Nov. 30.

Canal and Stephens Passage between Antler

River and Eagle Glacier and River--1 goat

by State registration permit only.

Unit 1(C)--that portion draining into No open season.

Stephens Passage and Taku Inlet between

Eagle Glacier and River and Taku Glacier,

and all drainages of the Chilkat Range

south of the Endicott River.

Remainder of Unit 1(C)--1 goat by State Aug. 1-Nov. 30.

registration permit only.

Unit 1(D)--that portion lying north of the Sept. 15-Nov. 30.

Katzehin River and northeast of the Haines

highway--1 goat by State registration

permit only.

Unit 1(D)--that portion lying between Taiya No open season.

Inlet and River and the White Pass and

Yukon Railroad.

Remainder of Unit 1(D)--1 goat by State Aug. 1-Dec. 31.

registration permit only.

* * * * * * *

------------------------------------------------------------------------

* * * * *

3. Section ____.25(k)(18)(iii)(B) is amended in the table under

``Hunting'' by revising the entry for Moose to read as follows:

* * * * *

(k) * * *

(18)* * *

(iii) * * *

(B) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * *

Moose:

Unit 18--that portion north and west of a Sept. 5-Sept. 25.

line from Cape Romanzof to Kuzilvak

Mountain, and then to Mountain Village,

and west of, but not including, the

Andreafsky River drainage--1 antlered bull.

Unit 18--Goodnews River and Kanektok River No open season.

drainages.

Unit 18--Kuskokwim River drainage--1 Aug. 25-Sept. 25.

antlered bull. A 10-day hunt (1 bull, Winter season to be

evidence of sex required) will be opened announced.

by announcement sometime between Dec. 1

and Feb. 28.

Remainder of Unit 18--1 antlered bull A 10- Sept. 1-Sept. 30.

day hunt (1 bull, evidence of sex Winter season to be

required) will be opened by announcement announced.

sometime between Dec. 1 and Feb. 28.

Public lands in Unit 18 are closed to the

hunting of moose, except by rural Alaska

residents of Unit 18 and Upper Kalskag

during seasons identified above.

* * * * * * *

------------------------------------------------------------------------

* * * * *

4. Section ____.25(k)(20)(iii)(C) is amended in the table under

``Hunting'' by revising the entry for Moose to read as follows:

* * * * *

(k) * * *

(20) * * *

(iii) * * *

(C) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * *

Moose:

Unit 20 (A)--the Ferry Trail Management Sept. 1-Sept. 20.

Area--1 bull with spike-fork or 50-inch

antlers or antlers with 4 or more brow

tines on one side.

Remainder of Unit 20(A)--1 antlered bull... Sept. 1-Sept. 20.

Unit 20 (B)--that portion within the Minto Sept. 1-Sept. 20. Jan.

Flats Management Area--1 bull by Federal 10-Feb. 28.

registration permit only.

Unit 20 (B)--the drainage of the Middle Sept. 1-Sept. 20.

Fork of the Chena River and that portion

of the Salcha River Drainage upstream from

and including Goose Creek--antlered bull.

Remainder of Unit 20(B) -- 1 antlered bull. Sept. 1 -- Sept. 20.

Unit 20(C)--that portion within Denali Sept. 1-Sept. 30. Nov.

National Park and Preserve west of the 15-Dec. 15.

Toklat River, excluding lands within Mount

McKinley National Park as it existed prior

to December 2, 1980--1 antlered bull;

however, white-phased or partial albino

(more than 50 percent white) moose may not

be taken.

Remainder of Unit 20(C) -- 1 antlered bull; Sept. 1 -- Sept. 30.

however, white-phased or partial albino

(more than 50 percent white) moose may not

be taken.

Unit 20(E)--that portion drained by the Sept. 1-Sept. 15.

Ladue, Sixty-mile, and Forty-mile Rivers

(all forks) from Mile 9\1/2\ to Mile 145

Taylor Highway, including the Boundary

Cutoff Road--1 antlered bull.

Remainder of Unit 20(E)--that portion Sept. 5-Sept. 25.

draining into the Yukon River upstream

from and including the Charley River

drainage to and including the Boundary

Creek drainages and the Taylor Highway

from mile 145 to Eagle--1 antlered bull.

Unit 20(F)--that portion within the Dalton Sept. 1-Sept. 25.

Highway Corridor.

* * * * * * *

------------------------------------------------------------------------

* * * * *

5. Section ____.25(k)(23)(iii)(C) is amended in the table under

``Hunting'' by revising the entry for Moose to read as follows:

* * * * *

(k) * * *

(20) * * *

(iii) * * *

(C) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

Hunting:

* * * * * * *

Sheep:

Unit 23--that portion west of Howard Pass No open season.

and the Aniuk, Cutler, and Redstone Rivers.

Remainder of Unit 23--1 ram with 7/8 curl Aug. 10-Sept. 20.

horn or larger.

Remainder of Unit 23--1 sheep.............. Oct. 1-Apr. 30.

* * * * * * *

------------------------------------------------------------------------

* * * * *

6. Section ____.25(k)(26)(iii)(B) is amended in the table under

``hunting'' by revising the entry for Sheep to read as follows:

* * * * *

(k) * * *

(26) * * *

(iii) * * *

(B) * * *

------------------------------------------------------------------------

Harvest limits Open season

------------------------------------------------------------------------

* * * * * * *

Sheep:

Unit 26(A)--those portions within the Gates Aug. 1-Apr. 30.

of the Arctic National Park--3 sheep.

Unit 26(A)--that portion west of Howard No open season.

Pass and the Etivluk River.

Unit 26(B)--that portion within the Dalton Aug 10-Sept. 20.

Highway Corridor Management Area--1 ram

with 7/8 curl horn or larger by Federal

registration permit only.

Remainder of Unit 26 (A) and (B) -- Aug. 10-Sept. 20.

including the Gates of the Arctic National

Preserve--1 ram with 7/8 curl horn or

larger.

Unit 26(C)--3 sheep per regulatory year; Aug. 10-Sept. 20. Oct.

the Aug. 10--Sept. 20 season is restricted 1-Apr. 30.

to 1 ram with 7/8 curl horn or larger. A

Federal registration permit is required

for the Oct. 1--Apr. 30 season. Kaktovik

residents may harvest sheep in accordance

with a Federal community harvest strategy

for Unit 26(C) which provides for take of

up to two harvest limits of 3 sheep by

designated hunter.

* * * * * * *

------------------------------------------------------------------------

* * * * *

Dated: September 7, 1994.

William L. Hensley,

Chair, Federal Subsistence Board.

Robert W. Williams,

Acting Regional Forester USDA-Forest Service.

Dated: September 8, 1994.

[FR Doc. 94-25232 Filed 10-12-94; 8:45 am]

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