Subsistence Management Regulations for Federal Public Lands in Alaska, Customary and Traditional Use Determinations; Review Policies

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

[4310-55]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

Subsistence Management Regulations for Federal Public Lands in

Alaska, Customary and Traditional Use Determinations; Review Policies

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

ACTION: Review Policies.

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SUMMARY: Pursuant to the regulatory authority at 36 CFR 242.10(a),

242.18(b) and 50 CFR 100.10(a) and 100.18(b), the Federal Subsistence

Board (Board) provides notice of a revised procedure for reviewing

customary and traditional use determinations, and details the

associated administrative process, under the Federal Subsistence

Management Program. This document also rescinds the previous policy

published in the Federal Register on July 15, 1994.

EFECTIVE DATE: The Federal Subsistence Board policies contained in this

document shall be effective August 9, 1995.

ADDRESSES: Any comments concerning this document may be sent to the

Chair, Federal Subsistence Board, c/o Richard S. Pospahala, U.S. Fish

and Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o

Richard S. Pospahala, Office of Subsistence Management, U.S. Fish and

Wildlife Service, 1011 E. Tudor Road,

[[Page 40460]]

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

specific to National Forest System lands, contact Ken Thompson,

Regional Subsistence Program Manager, USDA, Forest Service, Alaska

Region, P.O. Box 21628, Juneau, Alaska 99802-1628; telephone (907) 586-

7921.

SUPPLEMENTARY INFORMATION:

Background

In 1990, the Board assumed subsistence management responsibilities

on Federal public lands and adopted the existing State of Alaska

customary and traditional use determinations (55 FR 27125). Such

determinations identified customary and traditional subsistence uses of

certain fish and wildlife resources by specific communities and areas

in Alaska. Due to changes in the rural status of some communities,

public comments on the draft environmental impact statement

``Subsistence Management for Federal Public Lands in Alaska'' (October

7, 1991), comments received on temporary and implementing subsistence

regulations, and customary and traditional use determination appeals

submitted under the temporary subsistence regulations, the Board

recognized the need for new assessments of existing customary and

traditional use determinations. However, the Board deferred action on

customary and traditional use until after July 1, 1992 (the effective

date of final implementing rules for the Federal subsistence program)

and indicated that a customary and traditional use determination

process and schedule would be developed and published (57 FR 22948-

22949). Customary and traditional use determination assessments were

begun in regard to the Kenai Peninsula and Upper Tanana areas in 1992,

and the Copper River Basin more recently. These areas were prioritized

based upon public comments received during the environmental impact

statement process and subsequent Board meetings. On July 15, 1994, a

notice set forth an initial customary and traditional use determination

schedule to be updated on a routine basis dependent upon input from the

public and Federal Subsistence Regional Advisory Councils (Regional

Councils). Details of the administrative process involved in customary

and traditional assessments, public and advisory council input

opportunities, and decision making steps, were also set forth. During a

meeting of the Chairs of the Regional Councils and the Staff Committee

of the Board on February 13, 1995, a consensus was reached that

prompted Board revision of the customary and traditional use

determination process.

Revised Customary and Traditional Use Determination Procedures

Based on the recommendation of the Regional Council Chairs, the

Board is implementing a revised process for dealing with customary and

traditional use determinations. The Board will entertain proposals to

revise the customary and traditional use determinations at the same

time as it accepts proposals for changes to the seasons and harvest

limits. This period normally occurs from mid-August/early September to

late October/early November each year. Because of the backlog of

customary and traditional use determination proposals that have been

held over from previous years and staff limitations, the Regional

Councils may be asked to prioritize which of the proposals should be

reviewed each year. The Regional Councils may focus their attention on

community or area uses of large mammals (ungulates and bears) where

there are specific problems that preclude local users from harvesting a

resource rather than clarifying areas where a ``no determination''

situation exists.

The Board retains the authority to initiate assessments and make

determinations related to the customary and traditional use of any

species taking into consideration recommendations of any appropriate

Regional Council(s).

Existing regulations at 36 CFR 242.16(b) and 50 CFR 100.16(b)

identify eight factors that exemplify customary and traditional

subsistence uses of a community or area. Although the customary and

traditional use of a resource may be self evident to local users, the

Board will base its determination of customary and traditional use on

substantial information of a reasonable and defensible nature. The

extent to which a community, group of communities, or area meet the

characteristics of customary and traditional use are exemplified by

eight factors, as follows:

1. A long-term consistent pattern of use, excluding interruptions

beyond the control of the community or area;

2. A pattern of use recurring in specific seasons for many years;

3. A pattern of use consisting of methods and means of harvest

which are characterized by efficiency and economy of effort and cost,

conditioned by local characteristics;

4. The consistent harvest and use of fish or wildlife as related to

past methods and means of taking; near, or reasonably accessible from

the community or area;

5. A means of handling, preparing, preserving, and storing fish or

wildlife which has been traditionally used by past generations,

including consideration of alteration of past practices due to recent

technological advances, where appropriate;

6. A pattern of use which includes the handing down of knowledge of

fishing and hunting skills, values and lore from generation to

generation;

7. A pattern of use in which the harvest is shared or distributed

within a definable community of persons; and

8. A pattern of use which relates to reliance upon a wide diversity

of fish and wildlife resources of the area and which provides

substantial cultural, economic, social and nutritional elements to the

community or area.

All participating Federal agencies and the Regional Councils have

substantial roles in the revision of customary and traditional use

determinations. All proposals received in a timely manner will be

circulated to the pertinent Regional Council(s) and the public for

comment at the same time as proposed changes in the subsistence harvest

regulations. A staff analysis will also be prepared for consideration

during the late Winter/Spring Regional Council meetings, along with the

public comments received. The extent of the staff analysis may vary

with the complexity of the proposal. The Regional Councils will have an

opportunity to review the analyses, deliberate, and forward their

recommendations to the Board for action.

The Board may not be able to address all customary and traditional

use determination proposals during this year's regulatory cycle.

Consequently, the Board may need to establish priorities. These

priorities will be based on public requests, recommendations of

Regional Councils and Federal land management agencies, and the

availability of personnel and financial resources to conduct the work.

Drafting Information: This policy was drafted under the guidance of

Richard S. Pospahala, U.S. Fish and Wildlife Service, Alaska Regional

Office, Office of Subsistence Management, Anchorage, Alaska. The

primary authors were Taylor Brelsford and William Knauer of the same

office; Sandy Rabinowitch of the National Park Service, Alaska Regional

Office; Tom Boyd, Bureau of Land Management, Alaska State Office; and

Ken Thompson, USDA-Forest Service, Alaska Regional Office.

[[Page 40461]]

Dated: July 27, 1995. Dated: July 28, 1995.

Richard S. Pospahala,

Acting Chair, Federal Subsistence Board.

Robert W. Williams,

Acting Regional Forester, USDA-Forest Service.

[FR Doc. 95-19482 Filed 8-8-95; 8:45 am]

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