[Federal Register: June 24, 2008 (Volume 73, Number 122)] [Rules and Regulations] [Page 35725-35776] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24jn08-10] [[Page 35725]] ----------------------------------------------------------------------- Part II 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--2008-09 and 2009-10 Subsistence Taking of Wildlife Regulations; Final Rule [[Page 35726]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [FWS-R7-SM-2008-0020; 70101-1261-0000L6] RIN 1018-AV69 Subsistence Management Regulations for Public Lands in Alaska-- 2008-09 and 2009-10 Subsistence Taking of Wildlife Regulations AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2008-09 and 2009-10 regulatory years. These regulations have been subject to an annual public review cycle, but starting in 2008 the Federal Subsistence Management Program will provide a public review process for subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years. The Program will also address customary and traditional use determinations during the applicable biennial cycle. This cycle adjustment does not affect the public's ability to submit special action requests or requests for reconsideration, as outlined in the regulations. This rulemaking replaces the subpart D subsistence taking of wildlife taking regulations which expire June 30, 2008. This rule also amends the customary and traditional use determinations of the Federal Subsistence Board. DATES: Sections ----.24(a)(1) and ----.25 are effective July 1, 2008. Section ----.26 is effective July 1, 2008, through June 30, 2010. ADDRESSES: The Board meeting transcripts are available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, Alaska 99503, or on the Office of Subsistence Management Web site (http://alaska.fws.gov/asm/home.html). FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of Subsistence Management; (907) 786-3888. For questions specific to National Forest System lands, contact Steve Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 786-3592. SUPPLEMENTARY INFORMATION: Background In title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that ``the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses. * * *'' and that ``continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened. * * *'' As a result, title VIII requires, among other things, 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 Federal public lands and waters 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. 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 its 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, on July 1, 1990, the Department of the Interior and the Department of Agriculture (Departments) assumed responsibility for implementation of title VIII of ANILCA on public lands and waters. In anticipation of carrying out this responsibility, the Departments published temporary subsistence management regulations for public lands in Alaska in the Federal Register on June 29, 1990 (55 FR 27114). Because the State was unable to create a program in compliance with title VIII, the Departments published final subsistence management regulations in the Federal Register in 1992 (57 FR 22940, May 29, 1992). As a result of this joint process between Interior and Agriculture, these regulations can be found in two titles of the Code of Federal Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' and title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively. The regulations contain subparts as follows: subpart A, General Provisions; subpart B, Program Structure; subpart C, Board Determinations; and subpart D, Subsistence Taking of Fish and Wildlife. Throughout this document, a reference to a specific CFR section that is preceded by an underscore (e.g., Sec. ----.24) means that that section appears in both 36 CFR 242 and 50 CFR 100. Consistent with subparts A, B, and C of these regulations, as revised May 7, 2007 (72 FR 25688), 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, U.S. National Park Service; The Alaska State Director, U.S. Bureau of Land Management; The Alaska Regional Director, U.S. Bureau of Indian Affairs; and The Alaska Regional Forester, U.S. Forest Service. Through the Board, these agencies participate in the development of regulations for subparts A and B, which set forth and guide the program, subpart C, which addresses Board determinations, and subpart D, which covers subsistence taking of fish and wildlife. Federal Subsistence Regional Advisory Councils The Federal subsistence management regulations divide Alaska into 10 subsistence resource regions, each of which is represented by a Federal Subsistence Regional Advisory Council (Regional Council) (36 CFR 242.11 and 50 CFR 100.11). The Regional Councils provide a forum for rural residents, who have personal knowledge of local conditions and resource requirements, to have a meaningful role in the subsistence management of fish and wildlife on Alaska public lands and waters. The Regional Council members represent varied geographical, cultural, social, and user diversity within each region. These regulations have been subject to an annual public review cycle, but [[Page 35727]] starting in 2008 the Federal Subsistence Management Program will provide a public review process for subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years. The Program will also address customary and traditional use determinations during the applicable biennial cycle. This cycle adjustment does not affect the public's ability to submit special action requests or requests for reconsideration, as outlined in the regulations. Section ----.24 (customary and traditional use determinations) was originally published in the Federal Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-established, consistent pattern of use, incorporating beliefs and customs which have been transmitted from generation to generation. * * *'' Since that time, the Board has made a number of customary and traditional use determinations at the request of impacted subsistence users. Those modifications, along with some administrative corrections, were published in the Federal Register as follows: Modifications to Sec. ----.24. [These regulations appear in both 36 CFR 242 and 50 CFR 100] ---------------------------------------------------------------------------------------------------------------- Rule made changes to the following provisions Federal Register citation: Date of publication: of ----.24: ---------------------------------------------------------------------------------------------------------------- 59 FR 27462........................... May 27, 1994............ Wildlife and Fish/Shellfish. 59 FR 51855........................... October 13, 1994........ Wildlife and Fish/Shellfish. 60 FR 10317........................... February 24, 1995....... Wildlife and Fish/Shellfish. 61 FR 39698........................... July 30, 1996........... Wildlife and Fish/Shellfish. 62 FR 29016........................... May 29, 1997............ Wildlife and Fish/Shellfish. 63 FR 35332........................... June 29, 1998........... Wildlife and Fish/Shellfish. 63 FR 46148........................... August 28, 1998......... Wildlife and Fish/Shellfish. 64 FR 1276............................ January 8, 1999......... Fish/Shellfish. 64 FR 35776........................... July 1, 1999............ Wildlife. 65 FR 40730........................... June 30, 2000........... Wildlife. 66 FR 10142........................... February 13, 2001....... Fish/Shellfish. 66 FR 33744........................... June 25, 2001........... Wildlife. 67 FR 5890............................ February 7, 2002........ Fish/Shellfish. 67 FR 43710........................... June 28, 2002........... Wildlife. 68 FR 7276............................ February 12, 2003....... Fish/Shellfish. ---------------------------------------------------------------------------------------------------------------- Note: The Board met May 20-22, 2003, but did not make any additional customary and traditional use determinations. ---------------------------------------------------------------------------------------------------------------- 69 FR 5018............................ February 3, 2004........ Fish/Shellfish. 69 FR 40174........................... July 1, 2004............ Wildlife. 70 FR 13377........................... March 21, 2005.......... Fish/Shellfish. 70 FR 36268........................... June 22, 2005........... Wildlife. 71 FR 15569........................... March 29, 2006.......... Fish/Shellfish. 71 FR 37642........................... June 30, 2006........... Wildlife. 72 FR 12676........................... March 16, 2007.......... Fish/Shellfish. ---------------------------------------------------------------------------------------------------------------- Note: The Board met December 11-13, 2007, but did not make any additional customary and traditional use determinations. ---------------------------------------------------------------------------------------------------------------- 72 FR 73426........................... December 27, 2007....... Wildlife/Fish. ---------------------------------------------------------------------------------------------------------------- Current Rule The Departments published a proposed rule on April 17, 2008 (73 FR 20884), to amend subparts C and D of 36 CFR 242 and 50 CFR 100. The Departments advertised the proposed rule by mail, radio, and newspaper. During the comment period, the Regional Councils met and, in addition to other Regional Council business, received suggestions for proposals from the public. The Board received 41 proposals for changes to subparts C and D. In addition, 13 Board-deferred proposals were brought forward for a total of 54 proposals. After the proposal period closed, the Board prepared a booklet describing the proposals that was distributed to the public; this booklet was also available online. Once the booklet was distributed, the public had an additional 30 days in which to comment on the proposals for changes to the regulations. The 10 Regional Councils met a second time to receive public comments and formulated their recommendations to the Board on proposals affecting their respective regions. The Regional Councils had a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, a Council Chair, or a designated representative, presented each Council's recommendations at the Board meeting of April 29-May 1, 2008. These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. The public has had extensive opportunity to review and comment on all changes. Of the 54 proposals, the Board adopted 23, rejected 25, and deferred 6. Of the 23 adopted proposals, 15 were with modifications; of the 25 rejected proposals, 1 was based on action that the Board had taken on previous related proposals. The Board deferred 6 proposals to allow collection of additional information or to allow for working groups to meet and provide clarification. Detailed information relating to justification for the action on each proposal may be found in the Board meeting materials and transcripts, available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, Alaska 99503, or on the Office of Subsistence Management Web site (http:// alaska.fws.gov/asm/home.html). [[Page 35728]] Summary of Proposals Rejected or Deferred by the Board The Board rejected or deferred 31 proposals. The rejected proposals were recommended for rejection by one or more of the Regional Councils. The Board rejected a statewide proposal to extend wolf hunting and trapping seasons, increase the harvest limits, and remove restrictions on disturbing or destroying wolf dens because of a concern that the proposal violates recognized principles of wildlife conservation. The Board deferred a proposal to remove unit-specific regulations related to the statewide sale of brown bear handicrafts made of skin, hide, pelt or fur and then limit the sale of brown bear handicrafts made of claws, bones, teeth, sinew, or skulls to occur only between Federally qualified subsistence users. This deferment will allow creation of a working group to address the feasibility of marking and tracking bear claws. The Board deferred a proposal to recognize customary and traditional use of moose by rural residents of Units 1C and 1D and establish a season and harvest limit for moose in the Berners Bay drainages. The deferment will allow additional time to analyze customary and traditional use of Unit 1C moose by rural residents of Units 1-5. The Board rejected a proposal to change the subsistence allocation for moose in Unit 6C as unnecessarily restrictive for subsistence users. The Board rejected two proposals to change the salvage requirements for brown bear in Unit 11 because of a lack of substantial evidence for customary and traditional practices specific to the proposals. The Board rejected two proposals to eliminate the late fall Federal moose seasons in Units 15B and 15C because current regulations address conservation concerns and this proposal would be unnecessarily restrictive for subsistence users. The Board rejected three proposals to turn in or destroy the trophy value of moose antlers in Unit 15 because of a concern that these proposals are unnecessarily restrictive for subsistence users. The Board deferred two proposals for moose in Units 9B and 9C; one proposal would shorten the Federal subsistence season in Unit 9B, and the other would close Federal public lands in Unit 9B and a portion of Unit 9C to the taking of moose by non-Federally qualified subsistence users. This deferment will allow additional time for stakeholders to address alternate solutions to resolve concerns regarding the current moose population and harvest levels. The Board rejected a proposal to add Unit 11 to the list of units that can use brown bear parts for handicrafts for sale. The Board has consistently emphasized that regulations for brown bear handicrafts are not appropriate as statewide regulations and should be adopted only for those regions where it has been a traditional practice. The Southcentral Alaska Regional Advisory Council reiterated its opposition to the sale of brown bear handicrafts in Unit 11. The Board rejected a proposal that would have added Kachemak-Selo, Razdolna, and Voznesenka to the customary and traditional use determination for moose in Units 15B and 15C. Insufficient information was available to evaluate these communities' customary and traditional use of moose. The Board rejected a proposal to close Federal public land in a portion of Unit 18 to non-Federally qualified users to hunt moose. The Board found that the proposal was not supported by substantial evidence. Because of the current status of the moose population, ANILCA section 815.3 does not allow the proposed closure. Based on conservation concerns, the Board rejected a proposal to establish a moose season in a portion of Unit 19A. The Board rejected two proposals requesting customary and traditional use determinations for ground squirrel and porcupine in Unit 22 by residents of Unit 22. Current Federal subsistence regulations list these animals as unclassified wildlife. The Board does not make customary and traditional use determinations for unclassified wildlife. Because of Board action on other proposals, the Board rejected a proposal on designated hunters in Unit 22A. The Board rejected nine proposals for customary and traditional use determinations for residents of Unit 22 for beaver, Arctic fox, red fox, hare, lynx, marten, wolverine, grouse, and ptarmigan in Unit 22. These proposals were rejected because they would be detrimental to the satisfaction of subsistence needs by those residing in surrounding units. Rejection of these proposals has no effect on subsistence users in Unit 22 or surrounding units. The Board deferred two proposals that would have changed the time period for aircraft flight restrictions over the Noatak Controlled Use Area. These proposals were deferred to allow a working group to present alternate courses of actions or recommendations concerning the Noatak Controlled Use Area. Summary of Proposals Adopted by the Board The Board adopted 23 proposals. Some of these proposals were adopted as submitted. Others were adopted with modifications suggested by the respective Regional Council, modifications developed during the analysis process, or modifications developed during the Board's public deliberations. All of the adopted proposals were recommended for adoption by at least one of the Regional Councils, although further modifications were made to some during Board deliberations, and were based on customary and traditional uses or harvest practices, or on protecting wildlife populations. Southeast Alaska The Board adopted a proposal associated with deer harvest in Units 1B and 3. The modified proposal allows the Petersburg District Ranger to announce a December season in Unit 3, remainder and to close the seasons in Units 1B and 3 based on conservation concerns. Southcentral Alaska The Board adopted two proposals extending the Unit 11 wolverine trapping season and modified it to align that season with the lynx trapping season. The Board adopted a proposal with modifications to lengthen the goat season in a portion of Unit 11 that is bounded by the Chitina and Nizina rivers on the south, the Kennicott River and glacier on the southeast, and the Root Glacier on the east. The Board adopted a proposal with a modification to establish a muskrat hunting season in Unit 11. The Board adopted a proposal with modifications to allow for the harvest of 5 deer in Unit 6D by the Native Village of Chenega for an annual memorial event. The Board adopted a proposal with modifications to allow for the harvest of 5 deer in Unit 6D by the Tatitlek IRA Council for their annual cultural heritage week. The Board adopted a proposal with a modification to allow a designated hunter to harvest a goat in Unit 6D on behalf of a Federally qualified user who is either blind, 65 years of age or older, at least 70% disabled, or temporarily disabled. The Board adopted a proposal to expand the beaver trapping season in Unit 11 and change the harvest limit to ``no limit''. The Board adopted a proposal to re-establish a Federal registration permit [[Page 35729]] for moose in that portion of Denali National Preserve in Unit 16B remainder. The Board adopted a proposal with modifications to recognize a customary and traditional use determination for moose by residents of Cooper Landing in Units 7 and 15A and 15B and establish a season and harvest limit in Unit 7. Bristol Bay The Board adopted a proposal with modification to recognize a customary and traditional use determination for brown bear for residents of Igiugig, Kakhonak, and Levelock in Unit 9C and establish a season and harvest limit by Federal registration permit. The Board adopted a proposal with modification to more clearly define who is eligible to participate in the resident zone subsistence brown bear hunt in Unit 9B. The Board adopted a proposal to include residents of Units 9A, 9B, 9C, 9E, and 17 in the general provisions allowing designated hunter provisions for deer, moose, and caribou. The Board adopted a proposal for Unit 9 to require that all edible meat of moose and caribou remain on the bone until the meat is removed from the field or is processed for human consumption. Kodiak Aleutians The Board adopted two proposals focused on caribou in Units 9D and 10. In Unit 9D the Federal season was closed due to a low caribou population, and in Unit 10, the harvest limit was reduced because of a caribou population decline. Yukon-Kuskokwim Delta The Board adopted a proposal with modification to establish a moose season in Unit 18 in the Goodnews River drainage, and south to the unit boundary. Seward Peninsula The Board adopted two proposals with modifications to remove a closure to moose hunting in Unit 22A only for residents of Unalakleet, and to establish a season for those residents. Northwest Arctic The Board adopted a proposal to add Unit 23 to the list of areas from which the skin, hide, pelt or fur, including claws of brown bears can be used to make handicrafts for sale. North Slope The Board adopted a proposal with modification to add Unit 26 and a portion of Unit 24B to the list of areas from which the skin, hide, pelt or fur, including claws of brown bears can be used to make handicrafts for sale. The Board adopted a proposal with modification for moose in Unit 26C and portions of Unit 26B to adjust the harvest requirement from bulls to antlered bulls. Other proposed changes violated principles of wildlife conservation. These final regulations reflect Board review and consideration of Regional Council recommendations and public comments. All Board members have reviewed this rule and agree with its substance. Because this rule concerns public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100. Conformance With Statutory and Regulatory Authorities Administrative Procedure Act Compliance The Board has provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act requirements, including participation in multiple Regional Council meetings, additional public review and comment on all proposals for regulatory change, and opportunity for additional public comment during the Board meeting prior to deliberation. Additionally, an administrative mechanism exists (and has been used by the public) to request reconsideration of the Board's decision on any particular proposal for regulatory change. Therefore, we believe that sufficient public notice has been given to affected persons about the Board decisions. In the more than 18 years the Program has been operating, no benefit to the public has been demonstrated by delaying the effective date of the subsistence regulations. A lapse in regulatory control could affect the continued viability of fish or wildlife populations and 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(d)(3) to make this rule effective upon the date set forth in DATES to ensure continued operation of the subsistence program. National Environmental Policy Act Compliance A Draft Environmental Impact Statement (DEIS) 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 analyses and examined the environmental consequences of 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 a 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 comments 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, the Secretary of the Interior, with the concurrence of the Secretary of Agriculture, through the U.S. Department of Agriculture-Forest Service, implemented 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 a 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, implemented the Federal Subsistence Management Program and included a framework for a regulatory cycle for the subsistence taking of wildlife and fish. The following Federal Register documents pertain to this rulemaking: [[Page 35730]] Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents Pertaining to the Final Rule ---------------------------------------------------------------------------------------------------------------- Date of Federal Register citation publication Category Details ---------------------------------------------------------------------------------------------------------------- 57 FR 22940................... May 29, 1992..... Final Rule....... ``Subsistence Management Regulations for Public Lands in Alaska; Final Rule'' was published in the Federal Register. 64 FR 1276.................... January 8, 1999.. Final Rule....... Amended the regulations to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsistence Board's management to all Federal lands selected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an Alaska Native Corporation. Specified and clarified the Secretaries' authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority. 66 FR 31533................... June 12, 2001.... Interim Rule..... Expanded the authority that the Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. 67 FR 30559................... May 7, 2002...... Final Rule....... Amended the operating regulations in response to comments on the June 12, 2001, interim rule. Also corrected some inadvertent errors and oversights of previous rules. 68 FR 7703.................... February 18, 2003 Direct Final Rule Clarified how old a person must be to receive certain subsistence use permits and removed the requirement that Regional Councils must have an odd number of members. 68 FR 23035................... April 30, 2003... Affirmation of Because no adverse comments were received Direct Final on the direct final rule (67 FR 30559), Rule. the direct final rule was adopted. 69 FR 60957................... October 14, 2004. Final Rule....... Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ``regulatory year'' from subpart A to subpart D of the regulations. 70 FR 76400................... December 27, 2005 Final Rule....... Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. 71 FR 49997................... August 24, 2006.. Final Rule....... Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in the regulations. 72 FR 25688................... May 7, 2007...... Final Rule....... Revised nonrural determinations. ---------------------------------------------------------------------------------------------------------------- An environmental assessment was prepared in 1997 on the expansion of Federal jurisdiction over fisheries and is available from the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior with the concurrence of the Secretary of Agriculture determined that the expansion of Federal jurisdiction did not constitute a major Federal action significantly affecting the human environment and, therefore, signed a Finding of No Significant Impact. 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 may have some local impacts on subsistence uses, but the program is not likely to significantly restrict subsistence uses. Paperwork Reduction Act This rule does not contain any new information collection requirements that need Office of Management and Budget (OMB) approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This rule applies to the use of public lands in Alaska. The information collection requirements described in this rule are already approved by OMB and have been assigned control number 1018-0075, which expires October 31, 2009. We may not conduct or sponsor and you are not required to respond to a collection of information request unless it displays a currently valid OMB control number. Other Requirements Economic Effects--The Office of Management and Budget (OMB) has determined that this rule is not significant under Executive Order 12866 (E.O. 12866). OMB bases its determination upon the following four criteria: (a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. (b) Whether the rule will create inconsistencies with other Federal agencies' actions. (c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. (d) Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq. ) requires preparation of regulatory flexibility analyses for rules that will have a significant economic 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 [[Page 35731]] 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 sporting goods, ammunition, and gasoline dealers. The number of small entities affected is unknown; however, 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 the effects will not be significant. This rule benefits those participants who engage in the subsistence harvest of fish and wildlife in Alaska in two identifiable ways: First, participants get the consumptive value of the food harvested, and second, participants get the cultural benefit associated with the maintenance of a subsistence lifestyle. We can estimate the consumptive value for fish and wildlife harvested under this rule but can place no dollar value on the maintenance of a subsistence lifestyle. However, we estimate that 8.7 million pounds of wildlife are harvested by the local subsistence users annually and, if based on a replacement value of $5.00 per pound, would equate to $43.5 million in food value Statewide. The cultural benefits of maintaining a subsistence lifestyle can also be of considerable value to the participants. Executive Order 12630 Title VIII of ANILCA requires the Secretaries to administer a subsistence priority on public lands. The scope of this program is limited by definition to certain public lands. Likewise, these regulations have no potential implications for takings of private property as defined by Executive Order 12630. Unfunded Mandates Reform Act The Service has determined and certifies pursuant to the Unfunded Mandates Reform 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 implementation of this rule is by Federal agencies, and no cost is involved to any State or local entities or Tribal governments. Executive Order 12988 The Service has determined that these regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988 on Civil Justice Reform. Executive Order 13132 In accordance with Executive Order 13132, the rule does 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 unless the State's program is compliant with the requirements of that title. Relations With Native American Tribal Governments In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), 512 DM 2, and E.O. 13175, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no significant direct effects. The Bureau of Indian Affairs is a participating agency in this rulemaking. Executive Order 13211 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 this rule is not a significant regulatory action under Executive Order 13211, affecting energy supply, distribution, or use, no Statement of Energy Effects is required. Drafting Information--Theo Matuskowitz drafted these regulations under the guidance of Peter J. Probasco of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional assistance was provided by Elijah Waters, Alaska State Office, Bureau of Land Management; Sandy Rabinowitch, Alaska Regional Office, National Park Service; Dr. Warren Eastland, Alaska Regional Office, Bureau of Indian Affairs; Jerry Berg and Carl Jack, Alaska Regional Office, U.S. Fish and Wildlife Service; and Steve Kessler, Alaska Regional Office, U.S. 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, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. Regulation Promulgation 0 For the reasons set out in the preamble, the Federal Subsistence Board amends title 36, part 242, and title 50, part 100, of the Code of Federal Regulations, as set forth below. PART----SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 0 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. Subpart C--Board Determinations 0 2. In subpart C of 36 CFR part 242 and 50 CFR part 100, Sec. --.24(a)(1) is revised to read as follows: Sec. --.24 Customary and traditional use determinations. (a) * * * (1) Wildlife determinations. The rural Alaska residents of the listed communities and areas have a customary and traditional use of the specified species on Federal public lands within the listed areas: ---------------------------------------------------------------------------------------------------------------- Area Species Determination ---------------------------------------------------------------------------------------------------------------- Unit 1C.............................. Black Bear............. Residents of Unit 1C, 1D, 3, Hoonah, Pelican, Point Baker, Sitka, and Tenakee Springs. Unit 1A.............................. Brown Bear............. Residents of Unit 1A, except no subsistence for residents of Hyder. Unit 1B.............................. Brown Bear............. Residents of Unit 1A, Petersburg, and Wrangell, except no subsistence for residents of Hyder. Unit 1C.............................. Brown Bear............. Residents of Unit 1C, Haines, Hoonah, Kake, Klukwan, Skagway, and Wrangell, except no subsistence for residents of Gustavus. Unit 1D.............................. Brown Bear............. Residents of 1D. [[Page 35732]] Unit 1A.............................. Deer................... Residents of Units 1A and 2. Unit 1B.............................. Deer................... Residents of Units 1A, 1B, 2, and 3. Unit 1C.............................. Deer................... Residents of 1C, 1D, Hoonah, Kake, and Petersburg. Unit 1D.............................. Deer................... No Federal subsistence priority. Unit 1B.............................. Goat................... Residents of Units 1B and 3. Unit 1C.............................. Goat................... Residents of Haines, Kake, Klukwan, Petersburg, and Hoonah. Unit 1B.............................. Moose.................. Residents of Units 1, 2, 3, and 4. Unit 1C Berners Bay.................. Moose.................. No Federal subsistence priority. Unit 1D.............................. Moose.................. Residents of Unit 1D. Unit 2............................... Deer................... Residents of Unit 1A, 2, and 3. Unit 3............................... Deer................... Residents of Unit 1B, 3, Port Alexander, Port Protection, Pt. Baker, and Meyer's Chuck. Unit 3, Wrangell and Mitkof Islands.. Moose.................. Residents of Units 1B, 2, and 3. Unit 4............................... Brown Bear............. Residents of Unit 4 and Kake. Unit 4............................... Deer................... Residents of Unit 4, Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan, Port Protection, Wrangell, and Yakutat. Unit 4............................... Goat................... Residents of Sitka, Hoonah, Tenakee, Pelican, Funter Bay, Angoon, Port Alexander, and Elfin Cove. Unit 5............................... Black Bear............. Residents of Unit 5A. Unit 5............................... Brown Bear............. Residents of Yakutat. Unit 5............................... Deer................... Residents of Yakutat. Unit 5............................... Goat................... Residents of Unit 5A. Unit 5............................... Moose.................. Residents of Unit 5A. Unit 5............................... Wolf................... Residents of Unit 5A. Unit 6A.............................. Black Bear............. Residents of Yakutat and Unit 6C and 6D, except no subsistence for Whittier. Unit 6, remainder.................... Black Bear............. Residents of Unit 6C and 6D, except no subsistence for Whittier. Unit 6............................... Brown Bear............. No Federal subsistence priority. Unit 6A.............................. Goat................... Residents of Unit 5A, 6C, Chenega Bay, and Tatitlek. Unit 6C and Unit 6D.................. Goat................... Residents of Unit 6C and D. Unit 6A.............................. Moose.................. Residents of Units 5A, 6A, 6B and 6C. Unit 6B and Unit 6C.................. Moose.................. Residents of Units 6A, 6B and 6C. Unit 6D.............................. Moose.................. No Federal subsistence priority. Unit 6A.............................. Wolf................... Residents of Units 5A, 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26. Unit 6, remainder.................... Wolf................... Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26. Unit 7............................... Brown Bear............. No Federal subsistence priority. Unit 7............................... Caribou................ No Federal subsistence priority. Unit 7, Brown Mountain hunt area..... Goat................... Residents of Port Graham and Nanwalek. Unit 7, that portion draining into Moose.................. Residents of Chenega Bay, Cooper Landing, and Kings Bay. Tatitlek. Unit 7, remainder.................... Moose.................. Residents of Cooper Landing. Unit 7............................... Sheep.................. No Federal subsistence priority. Unit 7............................... Ruffed Grouse.......... No Federal subsistence priority. Unit 8............................... Brown Bear............. Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and Port Lions. Unit 8............................... Deer................... Residents of Unit 8. Unit 8............................... Elk.................... Residents of Unit 8. Unit 8............................... Goat................... No Federal subsistence priority. Unit 9D.............................. Bison.................. No Federal subsistence priority. Unit 9A and Unit 9B.................. Black Bear............. Residents of Units 9A, 9B, 17A, 17B, and 17C. Unit 9A.............................. Brown Bear............. Residents of Pedro Bay. Unit 9B.............................. Brown Bear............. Residents of Unit 9B. Unit 9C.............................. Brown Bear............. Residents of Unit 9C, Igiugig, Kakhonak, and Levelock. Unit 9D.............................. Brown Bear............. Residents of Units 9D and 10 (Unimak Island). Unit 9E.............................. Brown Bear............. Residents of Chignik, Chignik Lagoon, Chignik Lake, Egegik, Ivanof Bay, Perryville, Pilot Point, Ugashik, and Port Heiden/Meshik. Unit 9A and Unit 9B.................. Caribou................ Residents of Units 9B, 9C, and 17. Unit 9C.............................. Caribou................ Residents of Unit 9B, 9C, 17, and Egegik. Unit 9D.............................. Caribou................ Residents of Unit 9D, Akutan, and False Pass. Unit 9E.............................. Caribou................ Residents of Units 9B, 9C, 9E, 17, Nelson Lagoon and Sand Point. Unit 9A, Unit 9B, Unit 9C and Unit 9E Moose.................. Residents of Unit 9A, 9B, 9C, and 9E. Unit 9D.............................. Moose.................. Residents of Cold Bay, False Pass, King Cove, Nelson Lagoon, and Sand Point. Unit 9B.............................. Sheep.................. Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and residents of Lake Clark National Park and Preserve within Unit 9B. Unit 9, remainder.................... Sheep.................. No determination. Unit 9............................... Wolf................... Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26. Unit 9A, Unit B, Unit C, & Unit E.... Beaver................. Residents of Units 9A, 9B, 9C, 9E, and 17. Unit 10 Unimak Island................ Brown Bear............. Residents of Units 9D and 10 (Unimak Island). Unit 10 Unimak Island................ Caribou................ Residents of Akutan, False Pass, King Cove, and Sand Point. Unit 10, remainder................... Caribou................ No determination. [[Page 35733]] Unit 10.............................. Wolf................... Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26. Unit 11.............................. Bison.................. No Federal subsistence priority. Unit 11, north of the Sanford River.. Black Bear............. Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12. Unit 11, remainder................... Black Bear............. Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Unit 11. Unit 11, north of the Sanford River.. Brown Bear............. Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12. Unit 11, remainder................... Brown Bear............. Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Unit 11. Unit 11, north of the Sanford River.. Caribou................ Residents of Units 11, 12, 13A-D, Chickaloon, Healy Lake, and Dot Lake. Unit 11, remainder................... Caribou................ Residents of Units 11, 13A-D, and Chickaloon. Unit 11.............................. Goat................... Residents of Unit 11, Chitina, Chistochina, Copper Center, Gakona, Glennallen, Gulkana, Mentasta Lake, Slana, Tazlina, Tonsina, and Dot Lake. Unit 11, north of the Sanford River.. Moose.................. Residents of Units 11, 12, 13A-D, Chickaloon, Healy Lake, and Dot Lake. Unit 11, remainder................... Moose.................. Residents of Units 11, 13A-D, and Chickaloon. Unit 11, north of the Sanford River.. Sheep.................. Residents of Unit 12, Chistochina, Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana, Healy Lake, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, Tonsina, residents along the Nabesna Road--Milepost 0-46 (Nabesna Road), and residents along the McCarthy Road--Milepost 0- 62 (McCarthy Road). Unit 11, remainder................... Sheep.................. Residents of Chisana, Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/ South Wrangell/South Park, Tazlina, Tonsina, residents along the Tok Cutoff--Milepost 79-110 (Mentasta Pass), residents along the Nabesna Road--Milepost 0-46 (Nabesna Road), and residents along the McCarthy Road--Milepost 0- 62 (McCarthy Road). Unit 11.............................. Wolf................... Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26. Unit 11.............................. Grouse (Spruce, Blue, Residents of Units 11, 12, 13 and the residents Ruffed and Sharp- of Chickaloon, 15, 16, 20D, 22 and 23. tailed). Unit 11.............................. Ptarmigan (Rock, Willow Residents of Units 11, 12, 13 and the residents and White-tailed). of Chickaloon, 15, 16, 20D, 22 and 23. Unit 12.............................. Brown Bear............. Residents of Unit 12, Dot Lake, Chistochina, Gakona, Mentasta Lake, and Slana. Unit 12.............................. Caribou................ Residents of Unit 12, Dot Lake, Healy Lake, and Mentasta Lake. Unit 12, that portion within the Moose.................. Residents of Unit 12, 13C, Dot Lake, and Healy Tetlin National Wildlife Refuge and Lake. those lands within the Wrangell-St. Elias National Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian border to Pickerel Lake. Unit 12, that portion east of the Moose.................. Residents of Unit 12, 13C, and Healy Lake. Nabesna River and Nabesna Glacier, and south of the Winter Trail running southeast from Pickerel Lake to the Canadian border. Unit 12, remainder................... Moose.................. Residents of Unit 11 north of 62nd parallel, Unit 12, 13A-D and the residents of Chickaloon, Dot Lake, and Healy Lake. Unit 12.............................. Sheep.................. Residents of Unit 12, Chistochina, Dot Lake, Healy Lake, and Mentasta Lake. Unit 12.............................. Wolf................... Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26. Unit 13.............................. Brown Bear............. Residents of Unit 13 and Slana. Unit 13B............................. Caribou................ Residents of Units 11, 12 (along the Nabesna Road), 13, residents of Unit 20D except Fort Greely, and the residents of Chickaloon. Unit 13C............................. Caribou................ Residents of Units 11, 12 (along the Nabesna Road), 13, Chickaloon, Dot Lake and Healy Lake. Unit 13A and Unit 13D................ Caribou................ Residents of Units 11, 12 (along the Nabesna Road), 13, and the residents of Chickaloon. Unit 13E............................. Caribou................ Residents of Units 11, 12 (along the Nabesna Road), 13, Chickaloon, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239 (except no subsistence for residents of Denali National Park headquarters). Unit 13D............................. Goat................... No Federal subsistence priority. Unit 13A and Unit 13D................ Moose.................. Residents of Unit 13, Chickaloon, and Slana. Unit 13B............................. Moose.................. Residents of Units 13, 20D except Fort Greely, and the residents of Chickaloon and Slana. [[Page 35734]] Unit 13C............................. Moose.................. Residents of Units 12, 13, and the residents of Chickaloon, Healy Lake, Dot Lake and Slana. Unit 13E............................. Moose.................. Residents of Unit 13, Chickaloon, McKinley Village, Slana, and the area along the Parks Highway between mileposts 216 and 239 (except no subsistence for residents of Denali National Park headquarters). Unit 13D............................. Sheep.................. No Federal subsistence priority. Unit 13.............................. Wolf................... Residents of Units 6, 9, 10 (Unimak Island only), 11-13 and the residents of Chickaloon, and 16-26. Unit 13.............................. Grouse (Spruce, Blue, Residents of Units 11, 13 and the residents of Ruffed & Sharp-tailed). Chickaloon, 15, 16, 20D, 22 & 23. Unit 13.............................. Ptarmigan (Rock, Willow Residents of Units 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20D, 22 & 23. Unit 14C............................. Brown Bear............. No Federal subsistence priority. Unit 14.............................. Goat................... No Federal subsistence priority. Unit 14........................