Subsistence Management Regulations for Public Lands in Alaska, Subpart C & Subpart D1998-1999 Subsistence Taking of Fish and Wildlife Regulations; Correcting Amendments

SUMMARY: These corrections amend the Subsistence Management Regulations

for Public Lands in Alaska published in the Federal Register on June

29, 1998 (63 FR 35332) implementing the subsistence priority for rural

residents of Alaska under Title VIII of the Alaska National Interest

Lands Conservation Act of 1980. The June 29, 1998, final rule

established regulations for seasons, harvest limits, methods, and means

relating to taking of wildlife for subsistence uses during the 1998-

1999 regulatory year.

DATES: The amendments to Section ____.25 are effective July 1, 1998,

through June 30, 1999.

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, Regional Subsistence Program Manager, USDA--Forest Service,

Alaska Region, telephone (907) 271-2540.

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 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 this rule and agree with

its substance. Because this rule relates to public lands managed by an

agency or agencies in both the Departments of Agriculture and the

Interior, identical text would be incorporated into 36 CFR part 242 and

50 CFR part 100.

Proposed Subpart C regulations for customary and traditional use

determinations and Subpart D regulations for the 1998-1999 seasons and

bag limits, and methods and means were published on July 25, 1997, in

the Federal Register (62 FR 39987). 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. The public then

had an additional 30 days in which to comment on the proposals for

changes to the regulations. The Federal Subsistence Regional Advisory

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 29, 1998

(63 FR 35332) reflect Board review and consideration of Regional

Council recommendations and public comments submitted to the Board

during their April/May meeting.

These correcting amendments are a result of two requests for

Special Action resulting from additional opportunities for subsistence

harvest of wildlife resources. Below are summaries of each action.

Subpart D

Units 9D) and 10, Unimak Island--Caribou--The Board acted on a

request to open a limited hunt. This follows biological surveys which

indicate that the herd in this area is large enough to support a

limited harvest.

Units 23 and 26--Sheep--The Board acted on a request to open a

limited hunt. This follows biological surveys which indicate that the

herd in this area is large enough to support a limited harvest. This

action would also close Federal public lands to non-Federally qualified

users.

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

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

reproduced. 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

final rule are impracticable, unnecessary, and contrary to the public

interest. A lapse in regulatory control could seriously affect the

continued viability of wildlife 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)(B) to waive the public notice and

comment procedures prior to publication of this rule. The Board finds

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

1998.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

A Draft Environmental Impact Statement (DEIS) that described four

[[Page 46149]]

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,

published May 29, 1992) implemented the Federal Subsistence Management

Program and included 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 found that the Federal Subsistence Management

Program, under a modified Alternative IV with an annual process for

setting hunting and fishing regulations, had no significant possibility

of a significant restriction of subsistence uses.

Paperwork Reduction Act

These rules contain information collection requirements subject to

Office of Management and Budget (OMB) approval under the Paperwork

Reduction Act of 1995. They apply to the use of public lands in Alaska.

The information collection requirements described below have been

approved by OMB under 44 U.S.C. 3501 and have been assigned clearance

number 1018-0075, which expires 5/31/2000.

The collection of information will be achieved through the use of

the Federal Subsistence Hunt Permit Application. This collection

information will establish whether the applicant qualifies to

participate in a Federal subsistence hunt on public land in Alaska and

will provide a report of harvest and location of harvest.

The likely respondents to this collection of information are rural

Alaska residents who wish to participate in specific subsistence hunts

on Federal land. The collected information is necessary to determine

harvest success and harvest location in order to make management

decisions relative to the conservation of healthy wildlife populations.

The annual burden of reporting and recordkeeping is estimated to

average 0.25 hours per response, including time for reviewing

instructions, gathering and maintaining data, and completing and

reviewing the form. The estimated number of likely respondents under

this rule is less than 5,000, yielding a total annual reporting and

recordkeeping burden of 1,250 hours or less.

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, D.C. 20240; and

the Office of Management and Budget, Paperwork Reduction Project

(Subsistence), Washington, D.C. 20503. Additional information

collection requirements may be imposed if Local Advisory Committees

subject to the Federal Advisory Committee Act are established under

Subpart B.

Economic Effects

This rule was 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 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, such as ammunition, snowmachine, and gasoline dealers.

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.

In general, the resources harvested under this rule will be

consumed by the local harvester and do not result in a dollar benefit

to the economy. However, it is estimated that 2 million pounds of meat

are harvested State-wide by the local subsistence users annually and,

if given a dollar value of $3.00 per pound, would equate to $6 million

State wide.

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 potential takings of private property implications

as defined by Executive Order 12630.

The Service has determined and certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not

impose a cost of $100 million or more in any given year on local or

state governments or private entities.

The Service has determined that these final regulations meet the

applicable standards provided in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

Drafting Information. These regulations were drafted by William

Knauer under the guidance of Thomas H. Boyd, of the Office of

Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife

Service, Anchorage, Alaska. Additional guidance was provided by Curt

Wilson, Alaska State Office, Bureau of Land Management; Sandy

Rabinowitch, Alaska Regional Office, National Park Service; Ida

Hildebrand, Alaska Area Office, Bureau of Indian Affairs; and Ken

Thompson, USDA-Forest Service.

List of Subjects

36 CFR Part 242

Administrative practice and procedure, Alaska, Fish, National

[[Page 46150]]

forests, Public lands, Reporting and recordkeeping requirements,

Wildlife.

50 CFR Part 100

Administrative practice and procedure, Alaska, Fish, National

forests, Public lands, Reporting and recordkeeping requirements,

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

effective July 1, 1998, through June 30, 1999, 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)(9)(ii) is amended in the table under

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

Sec. ____.25 Subsistence taking of wildlife.

* * * * *

(k) * * *

(9) * * *

(ii) * * *

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

Harvest limits Open season

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

Hunting

* * * * * * *

Caribou:

Unit 9(A)--4 caribou; however, Aug. 10--Mar. 31.

no more than 2 caribou may be

taken Aug. 10--Sept. 30 and

no more than 1 caribou may be

taken Oct. 1--Nov. 30.

Unit 9(C)--4 caribou; however, Aug. 10--Mar. 31.

no more than 1 may be a cow,

no more than 2 caribou may be

taken Aug. 10--Nov. 30, and

no more than 1 caribou may be

taken per calendar month

between Dec. 1--Mar. 31.

Unit 9(B)--5 caribou; however, Aug. 1--Apr. 15.

no more than 2 bulls may be

taken from Oct. 1--Nov. 30.

Unit 9(D)--1 bull by Federal Aug. 1--Mar. 31.

registration permit only. A

Federally-qualified

subsistence user (recipient)

may designate another

Federally-qualified

subsistence user to take

caribou on his or her behalf

unless the recipient is a

member of a community

operating under a community

harvest system. The

designated hunter must obtain

a designated hunter permit

and must return a completed

harvest report. The

designated hunter may hunt

for any number of recipients

but may have no more than

four harvest limits in his/

her possession at any one

time.

Unit 9(E)--that portion southwest No open season.

of the headwaters of Fireweed and

Blueberry Creeks (north of Mt.

Veniaminof) to and including the

Sandy River drainage on the

Bristol Bay side of the Alaska

Peninsula; and that portion south

of Seal Cape to Ramsey Bay on the

Pacific side of the Alaska

Peninsula divide is closed to all

hunting of caribou.

Remainder of Unit 9(E)--4 caribou. Aug. 10--Apr. 30.

* * * * * * *

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

* * * * *

3. Section ____.25(k)(10)(ii) is amended in the table under

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

* * * * *

(k) * * *

(10) * * *

(ii) * * *

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

Harvest limits Open season

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

Hunting

Caribou:

Unit 10--Unimak Island only... Aug. 1--Mar. 31.

1 bull by Federal registration ....................................

permit only. A Federally-

qualified subsistence user

(recipient) may designate

another Federally-qualified

subsistence user to take

caribou on his or her behalf

unless the recipient is a

member of a community

operating under a community

harvest system. The

designated hunter must obtain

a designated hunter permit

and must return a completed

harvest report. The

designated hunter may hunt

for any number of recipients

but may have no more than

four harvest limits in his/

her possession at any one

time..

Remainder of Unit 10--No July 1--June 30.

limit..

* * * * * * *

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

* * * * *

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

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

* * * * *

(k) * * *

(23) * * *

(iii) * * *

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

Harvest limits Open season

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

Hunting

[[Page 46151]]

* * * * * * *

Sheep:

Unit 23--south of Rabbit Aug. 10--Sept. 30. The season will

Creek, Kyak Creek and the be closed when 10 sheep have been

Noatak River, and west of the harvested.

Cutler and Redstone Rivers

(Baird Mountains)--1 ram with

full curl or larger horns by

Federal registration permit.

Federal public lands are

closed to the taking of sheep

except by Federally-qualified

subsistence users.

Unit 23--south of Rabbit Oct. 1--Apr. 1. The season will be

Creek, Kyak Creek and the closed when a total of 20 sheep

Noatak River, and west of the have been harvested including those

Cutler and Redstone Rivers harvested during the Aug. 10

(Baird Mountains)--1 ram with season.

full curl or larger horns by

Federal registration permit.

Federal public lands are

closed to the taking of sheep

except by Federally-qualified

subsistence users.

Unit 23--north of Rabbit Aug. 10--Sept. 30. The season will

Creek, Kyak Creek and the be closed when 10 sheep have been

Noatak River, and west of the harvested in the DeLong Mountains.

Aniuk River (DeLong

Mountains)--1 ram with full

curl or larger horns by

Federal registration permit.

Federal public lands are

closed to the taking of sheep

except by Federally-qualified

subsistence users.

Unit 23--north of Rabbit Oct. 1--Apr. 1. The season will be

Creek, Kyak Creek and the closed when a total of 20 sheep

Noatak River, and west of the have been harvested in the DeLong

Aniuk River (DeLong Mountains including those harvested

Mountains)--1 ram with full during the Aug. 10 season.

curl or larger horns by

Federal registration permit.

Federal public lands are

closed to the taking of sheep

except by Federally-qualified

subsistence users.

Unit 23, remainder (Schwatka Aug. 10--Sept. 20.

Mountains)--1 ram with 7/8

curl horn or larger.

Unit 23, remainder (Schwatka Oct. 1--Apr. 30.

Mountains)--1 sheep..

* * * * * * *

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

* * * * *

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

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

* * * * *

(k) * * *

(26) * * *

(iii) * * *

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

Harvest limits Open season

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

Hunting

* * * * * * *

Sheep:

26(A) and (B) (Anaktuvuk Pass July 15--Dec. 31.

residents only)--those

portions within the Gates of

the Arctic National Park--

community harvest quota of 60

sheep, no more than 10 of

which may be ewes and a daily

possession limit of 3 sheep

per person no more than 1 of

which may be a ewe.

Unit 26(A) (excluding Aug. 1--Apr. 30.

Anaktuvuk Pass residents)--

that portion within the Gates

of the Arctic National Park--

3 sheep.

Unit 26(A)--that portion west Aug. 10--Sept. 30. The season will

of Howard Pass and the be closed when 10 sheep have been

Etivluk River (DeLong harvested in the DeLong Mountains.

Mountains)--1 ram with full

curl or larger horns by

Federal registration permit.

Federal public lands are

closed to the taking of sheep

except by Federally-qualified

subsistence users.

Unit 26(A)--that portion west Oct. 1--Apr. 1. The season will be

of Howard Pass and the closed when a total of 20 sheep

Etivluk River (DeLong have been harvested in the DeLong

Mountains)--1 ram with full Mountains including those harvested

curl or larger horns by during the Aug. 10 season.

Federal registration permit.

Federal public lands are

closed to the taking of sheep

except by Federally-qualified

subsistence users.

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

within the Dalton Highway

Corridor Management Area--1

ram with 7/8 curl horn or

larger by Federal

registration permit only.

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

(B)--including the Gates of

the Arctic National Preserve--

1 ram with 7/8 curl horn or

larger.

Unit 26(C)--3 sheep per Aug. 10--Sept. 20. Oct. 1--Apr. 30.

regulatory year; the Aug. 10--

Sept. 20 season is restricted

to 1 ram with 7/8 curl horn

or larger. A Federal

registration permit is

required for the Oct. 1--Apr.

30 season.

* * * * * * *

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

[[Page 46152]]

* * * * *

Dated: August 14, 1998.

Thomas H. Boyd,

Acting Chair, Federal Subsistence Board.

Dated: August 17, 1998.

John C. Capp,

Acting Regional Forester, USDA--Forest Service.

[FR Doc. 98-23117 Filed 8-27-98; 8:45 am]

BILLING CODE 3410-11-P; 4310-55-P