Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D: 2006-07 Subsistence Taking of Fish and Shellfish Regulations, 1216-1219 [05-270]
Download as PDF
<![CDATA[
1216
Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Proposed Rules
persons who have pre-registered to
speak have had an opportunity to
present their views, then other persons
who have not pre-registered may be
invited to speak. When registering to
speak, you must indicate whether you
intend to speak in favor of the proposed
AD, against the proposed AD, or wish
only to present data. You may both
present data and speak either in favor or
against the AD. The time available for
each person to speak may be limited
depending on the number of persons
who desire to present data and
information. It is our desire to allow as
many persons as possible to present
their views and data.
Accommodation
The meeting will be accessible to
persons with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Robert Baitoo (see FOR FURTHER
INFORMATION CONTACT) before January
25, 2005.
Costs
There is no cost to the public for
attending the FAA public meeting. Each
attendee must, however, bear any cost of
vehicle parking.
Dated: December 30, 2004.
Jay J. Pardee,
Manager, Engine and Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 05–272 Filed 1–5–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
public additional time to comment on
the rule.
Comments on this rule must be
received by February 7, 2005.
DATES:
You may submit comments,
identified by RIN 0694–AB06, by any of
the following methods:
• E-mail: wfisher@bis.doc.gov.
Include ‘‘RIN 0694–AB06’’ in the
subject line of the message.
• Fax: (202) 482–3355. Please alert
the Regulatory Policy Division, by
calling (202) 482–2440, if you are faxing
comments.
• Mail or Hand Delivery/Courier:
Willard Fisher, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230,
ATTN: RIN 0694–AB06.
ADDRESSES:
For
questions of a general or regulatory
nature, contact the Regulatory Policy
Division, telephone: (202) 482–2440.
For program information on
declarations, reports, advance
notifications, chemical determinations,
recordkeeping, inspections and facility
agreements, contact the Treaty
Compliance Division, Office of
Nonproliferation and Treaty
Compliance, telephone: (703) 605–4400;
for legal questions, contact Rochelle
Woodard, Office of the Chief Counsel
for Industry and Security, telephone:
(202) 482–5301.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Bureau of Industry and Security
Background
15 CFR Parts 710 Through 729
On December 7, 2004 (69 FR 70754),
the Bureau of Industry and Security
(BIS) published a proposed rule that
would amend the Chemical Weapons
Convention Regulations (CWCR) by
updating them to include additional
requirements, which were identified as
necessary for the implementation of the
Chemical Weapons Convention (CWC)
provisions, and to clarify other CWC
requirements. The deadline for the
comment period on the proposed rule
was January 6, 2005. The Bureau is now
extending that deadline to February 7,
2005, to allow the public additional
time to comment on the rule.
[Docket No. 99061158–4361–04]
RIN 0694–AB06
Chemical Weapons Convention
Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Proposed rule; extension of
comment period.
AGENCY:
SUMMARY: This document extends until
February 7, 2005, the deadline for
public comments on the proposed rule
that would amend the Chemical
Weapons Convention Regulations
(CWCR) by updating them to include
additional requirements identified in
the implementation of the Chemical
Weapons Convention (CWC) and to
clarify other CWC requirements. This
extension of time would allow the
VerDate jul<14>2003
12:18 Jan 05, 2005
Jkt 205001
Dated: January 3, 2005.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. 05–287 Filed 1–5–05; 8:45 am]
BILLING CODE 3510–33–P
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018–AU05
Subsistence Management Regulations
for Public Lands in Alaska, Subpart C
and Subpart D: 2006–07 Subsistence
Taking of Fish and Shellfish
Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCIES:
SUMMARY: This proposed rule would
establish regulations for fishing seasons,
harvest limits, methods, and means
related to taking of fish and shellfish for
subsistence uses during the 2006–07
regulatory year. The rulemaking is
necessary because subpart D is subject
to an annual public review cycle. When
final, this rulemaking would replace the
fish and shellfish taking regulations
included in the ‘‘Subsistence
Management Regulations for Public
Lands in Alaska, Subpart D: 2005–06
Subsistence Taking of Fish and Wildlife
Regulations,’’ which expire on March
31, 2006. This rule would also amend
the Customary and Traditional Use
Determinations of the Federal
Subsistence Board and the General
Regulations related to the taking of fish
and shellfish.
DATES: The Federal Subsistence Board
must receive your written public
comments and proposals to change this
proposed rule no later than March 25,
2005. Federal Subsistence Regional
Advisory Councils (Regional Councils)
will hold public meetings to receive
proposals to change this proposed rule
on dates ranging from February 21,
2005, through March 25, 2005. See
SUPPLEMENTARY INFORMATION for
additional information on the public
meetings.
Please submit proposals
electronically to Subsistence@fws.gov.
See SUPPLEMENTARY INFORMATION for file
formats and other information about
electronic filing. You may also submit
written comments and proposals to the
Office of Subsistence Management, 3601
C Street, Suite 1030, Anchorage, Alaska
99503. The public meetings will be held
at various locations in Alaska. See
SUPPLEMENTARY INFORMATION for
ADDRESSES:
E:\FR\FM\06JAP1.SGM
06JAP1
Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Proposed Rules
additional information on locations of
the public meetings.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786–
3888. For questions specific to National
Forest System lands, contact Steve
Kessler, Regional Subsistence Program
Leader, USDA, Forest Service, Alaska
Region, (907) 786–3592.
SUPPLEMENTARY INFORMATION:
Public Review Process—Regulation
Comments, Proposals, and Public
Meetings
The Federal Subsistence Board
(Board) will hold meetings on this
proposed rule at the following locations
in Alaska:
Region 1—Southeast Regional Council,
Petersburg, February 21, 2005
Region 2—Southcentral Regional
Council, Anchorage, March 15, 2005
Region 3—Kodiak/Aleutians Regional
Council, Port Lions, March 21, 2005
Region 4—Bristol Bay Regional Council,
Naknek, February 24, 2005
Region 5—Yukon-Kuskokwim Delta
Regional Council, Toksook Bay,
February 24, 2005
Region 6—Western Interior Regional
Council, Allakaket, March 8, 2005
Region 7—Seward Peninsula Regional
Council, Nome, February 23, 2005
Region 8—Northwest Arctic Regional
Council, Kotzebue, March 9, 2005
Region 9—Eastern Interior Regional
Council, Venetie, March 2, 2005
Region 10—North Slope Regional
Council, Barrow, March 2, 2005
We will publish notice of specific
dates, times, and meeting locations in
local and statewide newspapers prior to
the meetings. We may need to change
locations and dates based on weather or
local circumstances. The amount of
work on each Regional Council’s agenda
will determine the length of the
Regional Council meetings.
Electronic filing of comments
(preferred method): Please submit
electronic comments (proposals) and
other data to Subsistence@fws.gov.
Please submit as either WordPerfect or
MS Word files, avoiding the use of any
special characters and any form of
encryption.
During May 2005, we will compile
and distribute for additional public
review the written proposals to change
subpart D fishing regulations and in
subpart C the customary and traditional
use determinations. A 30-day public
comment period will follow distribution
of the compiled proposal packet. We
will accept written public comments on
VerDate jul<14>2003
12:18 Jan 05, 2005
Jkt 205001
distributed proposals during the public
comment period, which is presently
scheduled to end on June 30, 2005.
We will hold a second series of
Regional Council meetings in September
and October 2005, to assist the Regional
Councils in developing
recommendations to the Board. You
may also present comments on
published proposals to change fishing
and customary and traditional use
determination regulations to the
Regional Councils at those fall meetings.
The Board will discuss and evaluate
proposed changes to the subsistence
taking of fish and shellfish regulations
during a public meeting to be held in
Anchorage in January 2006. You may
provide additional oral testimony on
specific proposals before the Board at
that time. The Board will then
deliberate and take final action on
proposals received that request changes
to this proposed rule at that public
meeting.
Please Note. The Board will not consider
proposals for changes relating to hunting or
trapping regulations at this time. The Board
will be calling for proposed changes to those
regulations in August 2005.
The Board’s review of your comments
and fish and shellfish proposals will be
facilitated by your providing the
following information: (a) Your name,
address, and telephone number; (b) the
section and/or paragraph of the
proposed rule for which your change is
being suggested; (c) a statement
explaining why the change is necessary;
(d) the proposed wording change; (e)
any additional information you believe
will help the Board in evaluating your
proposal. Proposals that fail to include
the above information, or proposals that
are beyond the scope of authorities in
§ l .24 subpart C, and §§ l .25, l .27,
or l .28, subpart D, may be rejected.
The Board may defer review and action
on some proposals if workload exceeds
work capacity of staff, Regional
Councils, or Board. These deferrals will
be based on recommendations of the
affected Regional Council, staff
members, and on the basis of least harm
to the subsistence user and the resource
involved. Proposals should be specific
to customary and traditional use
determinations or to subsistence fishing
seasons, harvest limits, and/or methods
and means.
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
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
1217
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 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 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). Consistent with subparts A,
B, and C of these regulations, as revised
October 14, 2004 (69 FR 60957), 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, USDA
Forest Service. Through the Board, these
agencies participate in the development
of regulations for subparts A, B, and C,
and the annual subpart D regulations.
All Board members have reviewed
this proposed rule and agree with its
substance. Because this proposed 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.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless
otherwise amended) of the Subsistence
Management Regulations for Public
E:\FR\FM\06JAP1.SGM
06JAP1
1218
Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Proposed Rules
Lands in Alaska, 50 CFR 100.1 to 100.23
and 36 CFR 242.1 to 242.23, remain
effective and apply to this proposed
rule. Therefore, all definitions located at
50 CFR 100.4 and 36 CFR 242.4 would
apply to regulations found in this
subpart.
Federal Subsistence Regional Advisory
Councils
Pursuant to the Record of Decision,
Subsistence Management Regulations
for Federal Public Lands in Alaska,
April 6, 1992, and the Subsistence
Management Regulations for Federal
Public Lands in Alaska, 36 CFR 242.11
(2004) and 50 CFR 100.11 (2004), and
for the purposes identified therein, we
divide Alaska into 10 subsistence
resource regions, each of which is
represented by a Regional Council. The
Regional Councils provide a forum for
rural residents with 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.
The Regional Council members
represent varied geographical, cultural,
and user diversity within each region.
The Regional Councils have a
substantial role in reviewing the
proposed rule and making
recommendations for the final rule.
Moreover, the Council Chairs, or their
designated representatives, will present
their Council’s recommendations at the
Board meeting in January 2006.
Proposed Changes From 2005–06
Seasons and Harvest Limit Regulations
Subpart D regulations are subject to
an annual cycle and require
development of an entire new rule each
year. Customary and traditional use
determinations (§ l .24 of subpart C) are
also subject to an annual review process
providing for modification each year.
The text of the 2004–05 subparts C and
D final rule, as modified by Federal
Subsistence Board actions during its
January 11–13, 2005, public meeting,
serves as the foundation for the 2006–
07 subparts C and D proposed rule.
Please see the 2004–05 subparts C and
D final rule published in the February
3, 2004 (69 FR 5018), issue of the
Federal Register. The modifications for
2005–06 made by the Board during its
January 2005 meeting may be viewed on
the Office of Subsistence Management
Web site at https://www.alaska.fws.gov/
asm/home.html. The regulations
contained in this proposed rule would
take effect on April 1, 2006, unless
elements are changed by subsequent
Board action following the public
review process outlined herein.
VerDate jul<14>2003
12:18 Jan 05, 2005
Jkt 205001
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, published May
29, 1992), implemented the Federal
Subsistence Management Program and
included a framework for an annual
cycle for subsistence hunting and
fishing regulations.
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 has, therefore, signed
a Finding of No Significant Impact.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
Compliance with Section 810 of
ANILCA—A Section 810 analysis was
completed as part of the FEIS process on
the Federal Subsistence Management
Program. 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. The final Section
810 analysis determination appeared in
the April 6, 1992, ROD, which
concluded that the Federal Subsistence
Management Program, under
Alternative IV with an annual process
for setting hunting and fishing
regulations, may have some local
impacts on subsistence uses, but it does
not appear that the program may
significantly restrict subsistence uses.
During the environmental assessment
process, an evaluation of the effects of
this rule was also conducted in
accordance with Section 810. This
evaluation supports the Secretaries’
determination that the rule will not
reach the ‘‘may significantly restrict’’
threshold for notice and hearings under
ANILCA Section 810(a) for any
subsistence resources or uses.
Paperwork Reduction Act—The
information collection requirements
contained in this rule have been
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) and assigned OMB control
number 1018—0075, which expires
August 31, 2006. We may not conduct
or sponsor, and you are not required to
respond to, a collection of information
unless it displays a current valid OMB
control number.
Economic Effects—This rule is not a
significant rule subject to OMB review
under Executive Order 12866. This
rulemaking will impose no significant
costs on small entities; this rule does
not restrict any existing sport or
commercial fishery on the public lands,
and subsistence fisheries will continue
at essentially the same levels as they
presently occur. 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 tackle, boat, 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 they will
not be significant.
E:\FR\FM\06JAP1.SGM
06JAP1
Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Proposed Rules
In general, the resources to be
harvested under this rule are already
being harvested and consumed by the
local harvester and do not result in an
additional dollar benefit to the
economy. However, we estimate that 24
million pounds of fish (including 8.3
million pounds of salmon) are harvested
by the local subsistence users annually
and, if given a dollar value of $3.00 per
pound for salmon [Note: $3.00 per
pound is much higher than the current
commercial value for salmon] and $0.58
per pound for other fish, would equate
to about $34 million in food value
Statewide.
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
economic effect on a substantial number
of small entities, which include small
businesses, organizations, or
governmental jurisdictions. The
Departments certify based on the above
figures 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. Under the Small
Business Regulatory Enforcement
Fairness Act (5 U.S.C. 801 et seq.), this
rule is not a major rule. It does not have
an effect on the economy of $100
million or more, will not cause a major
increase in costs or prices for
consumers, and does not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, these
regulations have no potential takings of
VerDate jul<14>2003
12:18 Jan 05, 2005
Jkt 205001
private property implications as defined
by Executive Order 12630.
The Secretaries have determined and
certify 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 there is no cost
imposed on any State or local entities or
tribal governments.
The Secretaries have determined that
these regulations meet the applicable
standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988,
regarding civil justice reform.
In accordance with Executive Order
13132, the 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 it meets certain requirements.
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and 512 DM 2, we have
evaluated possible effects on Federally
recognized Indian tribes and have
determined that there are no effects. The
Bureau of Indian Affairs is a
participating agency in this rulemaking.
On May 18, 2001, the President issued
Executive Order 13211 on regulations
that significantly affect energy supply,
distribution, or use. This Executive
Order requires agencies to prepare
Statements of Energy Effects when
undertaking certain actions. As this rule
is not a significant regulatory action
under Executive Order 13211, affecting
energy supply, distribution, or use, this
action is not a significant action and no
Statement of Energy Effects is required.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
1219
Drafting Information: William Knauer
drafted these regulations under the
guidance of Thomas H. Boyd, of the
Office of Subsistence Management,
Alaska Regional Office, U.S. Fish and
Wildlife Service, Anchorage, Alaska.
Taylor Brelsford, Alaska State Office,
Bureau of Land Management; Bob
Gerhard, Alaska Regional Office,
National Park Service; Dr. Glenn Chen,
Alaska Regional Office, Bureau of
Indian Affairs; Rod Simmons, Alaska
Regional Office, U.S. Fish and Wildlife
Service; and Steve Kessler, USDA-Forest
Service provided additional guidance.
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.
For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR 242
and 50 CFR 100 for the 2006–07
regulatory year. The text of the
amendments would be the same as the
final rule for the 2004–05 regulatory
year (69 FR 5018) as modified by
Federal Subsistence Board actions
January 11–13, 2005.
Dated: November 30, 2004.
Steve Kessler,
Subsistence Program Leader, USDA-Forest
Service.
Dated: November 30, 2004.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 05–270 Filed 1–5–05; 8:45 am]
BILLING CODE 4310–55–P; 3410–11–P
E:\FR\FM\06JAP1.SGM
06JAP1
]]>Agencies
[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Proposed Rules]
[Pages 1216-1219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-270]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AU05
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D: 2006-07 Subsistence Taking of Fish and
Shellfish Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for fishing
seasons, harvest limits, methods, and means related to taking of fish
and shellfish for subsistence uses during the 2006-07 regulatory year.
The rulemaking is necessary because subpart D is subject to an annual
public review cycle. When final, this rulemaking would replace the fish
and shellfish taking regulations included in the ``Subsistence
Management Regulations for Public Lands in Alaska, Subpart D: 2005-06
Subsistence Taking of Fish and Wildlife Regulations,'' which expire on
March 31, 2006. This rule would also amend the Customary and
Traditional Use Determinations of the Federal Subsistence Board and the
General Regulations related to the taking of fish and shellfish.
DATES: The Federal Subsistence Board must receive your written public
comments and proposals to change this proposed rule no later than March
25, 2005. Federal Subsistence Regional Advisory Councils (Regional
Councils) will hold public meetings to receive proposals to change this
proposed rule on dates ranging from February 21, 2005, through March
25, 2005. See SUPPLEMENTARY INFORMATION for additional information on
the public meetings.
ADDRESSES: Please submit proposals electronically to
Subsistence@fws.gov. See SUPPLEMENTARY INFORMATION for file formats and
other information about electronic filing. You may also submit written
comments and proposals to the Office of Subsistence Management, 3601 C
Street, Suite 1030, Anchorage, Alaska 99503. The public meetings will
be held at various locations in Alaska. See SUPPLEMENTARY INFORMATION
for
[[Page 1217]]
additional information on locations of the public meetings.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Steve Kessler, Regional
Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907)
786-3592.
SUPPLEMENTARY INFORMATION:
Public Review Process--Regulation Comments, Proposals, and Public
Meetings
The Federal Subsistence Board (Board) will hold meetings on this
proposed rule at the following locations in Alaska:
Region 1--Southeast Regional Council, Petersburg, February 21, 2005
Region 2--Southcentral Regional Council, Anchorage, March 15, 2005
Region 3--Kodiak/Aleutians Regional Council, Port Lions, March 21, 2005
Region 4--Bristol Bay Regional Council, Naknek, February 24, 2005
Region 5--Yukon-Kuskokwim Delta Regional Council, Toksook Bay, February
24, 2005
Region 6--Western Interior Regional Council, Allakaket, March 8, 2005
Region 7--Seward Peninsula Regional Council, Nome, February 23, 2005
Region 8--Northwest Arctic Regional Council, Kotzebue, March 9, 2005
Region 9--Eastern Interior Regional Council, Venetie, March 2, 2005
Region 10--North Slope Regional Council, Barrow, March 2, 2005
We will publish notice of specific dates, times, and meeting
locations in local and statewide newspapers prior to the meetings. We
may need to change locations and dates based on weather or local
circumstances. The amount of work on each Regional Council's agenda
will determine the length of the Regional Council meetings.
Electronic filing of comments (preferred method): Please submit
electronic comments (proposals) and other data to Subsistence@fws.gov.
Please submit as either WordPerfect or MS Word files, avoiding the use
of any special characters and any form of encryption.
During May 2005, we will compile and distribute for additional
public review the written proposals to change subpart D fishing
regulations and in subpart C the customary and traditional use
determinations. A 30-day public comment period will follow distribution
of the compiled proposal packet. We will accept written public comments
on distributed proposals during the public comment period, which is
presently scheduled to end on June 30, 2005.
We will hold a second series of Regional Council meetings in
September and October 2005, to assist the Regional Councils in
developing recommendations to the Board. You may also present comments
on published proposals to change fishing and customary and traditional
use determination regulations to the Regional Councils at those fall
meetings.
The Board will discuss and evaluate proposed changes to the
subsistence taking of fish and shellfish regulations during a public
meeting to be held in Anchorage in January 2006. You may provide
additional oral testimony on specific proposals before the Board at
that time. The Board will then deliberate and take final action on
proposals received that request changes to this proposed rule at that
public meeting.
Please Note.
The Board will not consider proposals for changes relating to
hunting or trapping regulations at this time. The Board will be
calling for proposed changes to those regulations in August 2005.
The Board's review of your comments and fish and shellfish
proposals will be facilitated by your providing the following
information: (a) Your name, address, and telephone number; (b) the
section and/or paragraph of the proposed rule for which your change is
being suggested; (c) a statement explaining why the change is
necessary; (d) the proposed wording change; (e) any additional
information you believe will help the Board in evaluating your
proposal. Proposals that fail to include the above information, or
proposals that are beyond the scope of authorities in Sec. -- .24
subpart C, and Sec. Sec. -- .25, -- .27, or -- .28, subpart D, may be
rejected. The Board may defer review and action on some proposals if
workload exceeds work capacity of staff, Regional Councils, or Board.
These deferrals will be based on recommendations of the affected
Regional Council, staff members, and on the basis of least harm to the
subsistence user and the resource involved. Proposals should be
specific to customary and traditional use determinations or to
subsistence fishing seasons, harvest limits, and/or methods and means.
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 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 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). Consistent with subparts A, B, and C of these
regulations, as revised October 14, 2004 (69 FR 60957), 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, USDA Forest Service. Through the Board, these
agencies participate in the development of regulations for subparts A,
B, and C, and the annual subpart D regulations.
All Board members have reviewed this proposed rule and agree with
its substance. Because this proposed 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.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless otherwise amended) of the Subsistence
Management Regulations for Public
[[Page 1218]]
Lands in Alaska, 50 CFR 100.1 to 100.23 and 36 CFR 242.1 to 242.23,
remain effective and apply to this proposed rule. Therefore, all
definitions located at 50 CFR 100.4 and 36 CFR 242.4 would apply to
regulations found in this subpart.
Federal Subsistence Regional Advisory Councils
Pursuant to the Record of Decision, Subsistence Management
Regulations for Federal Public Lands in Alaska, April 6, 1992, and the
Subsistence Management Regulations for Federal Public Lands in Alaska,
36 CFR 242.11 (2004) and 50 CFR 100.11 (2004), and for the purposes
identified therein, we divide Alaska into 10 subsistence resource
regions, each of which is represented by a Regional Council. The
Regional Councils provide a forum for rural residents with 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. The Regional Council members represent varied
geographical, cultural, and user diversity within each region.
The Regional Councils have a substantial role in reviewing the
proposed rule and making recommendations for the final rule. Moreover,
the Council Chairs, or their designated representatives, will present
their Council's recommendations at the Board meeting in January 2006.
Proposed Changes From 2005-06 Seasons and Harvest Limit Regulations
Subpart D regulations are subject to an annual cycle and require
development of an entire new rule each year. Customary and traditional
use determinations (Sec. -- .24 of subpart C) are also subject to an
annual review process providing for modification each year. The text of
the 2004-05 subparts C and D final rule, as modified by Federal
Subsistence Board actions during its January 11-13, 2005, public
meeting, serves as the foundation for the 2006-07 subparts C and D
proposed rule. Please see the 2004-05 subparts C and D final rule
published in the February 3, 2004 (69 FR 5018), issue of the Federal
Register. The modifications for 2005-06 made by the Board during its
January 2005 meeting may be viewed on the Office of Subsistence
Management Web site at https://www.alaska.fws.gov/asm/home.html. The
regulations contained in this proposed rule would take effect on April
1, 2006, unless elements are changed by subsequent Board action
following the public review process outlined herein.
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, published
May 29, 1992), implemented the Federal Subsistence Management Program
and included a framework for an annual cycle for subsistence hunting
and fishing regulations.
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 has, therefore, signed a Finding of No Significant
Impact.
Compliance with Section 810 of ANILCA--A Section 810 analysis was
completed as part of the FEIS process on the Federal Subsistence
Management Program. 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. The final Section 810 analysis determination
appeared in the April 6, 1992, ROD, which concluded that the Federal
Subsistence Management Program, under Alternative IV with an annual
process for setting hunting and fishing regulations, may have some
local impacts on subsistence uses, but it does not appear that the
program may significantly restrict subsistence uses.
During the environmental assessment process, an evaluation of the
effects of this rule was also conducted in accordance with Section 810.
This evaluation supports the Secretaries' determination that the rule
will not reach the ``may significantly restrict'' threshold for notice
and hearings under ANILCA Section 810(a) for any subsistence resources
or uses.
Paperwork Reduction Act--The information collection requirements
contained in this rule have been approved by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) and assigned OMB control number 1018--0075, which expires
August 31, 2006. We may not conduct or sponsor, and you are not
required to respond to, a collection of information unless it displays
a current valid OMB control number.
Economic Effects--This rule is not a significant rule subject to
OMB review under Executive Order 12866. This rulemaking will impose no
significant costs on small entities; this rule does not restrict any
existing sport or commercial fishery on the public lands, and
subsistence fisheries will continue at essentially the same levels as
they presently occur. 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 tackle, boat, 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 they will not be significant.
[[Page 1219]]
In general, the resources to be harvested under this rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. However, we
estimate that 24 million pounds of fish (including 8.3 million pounds
of salmon) are harvested by the local subsistence users annually and,
if given a dollar value of $3.00 per pound for salmon [Note: $3.00 per
pound is much higher than the current commercial value for salmon] and
$0.58 per pound for other fish, would equate to about $34 million in
food value Statewide.
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 economic effect on a substantial number of small entities,
which include small businesses, organizations, or governmental
jurisdictions. The Departments certify based on the above figures 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. Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a
major rule. It does not have an effect on the economy of $100 million
or more, will not cause a major increase in costs or prices for
consumers, and does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority 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 Secretaries have determined and certify 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 there is no cost
imposed on any State or local entities or tribal governments.
The Secretaries have determined that these regulations meet the
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
In accordance with Executive Order 13132, the 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 it meets certain requirements.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have determined that there are no effects. The Bureau of Indian
Affairs is a participating agency in this rulemaking.
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As this rule is not a
significant regulatory action under Executive Order 13211, affecting
energy supply, distribution, or use, this action is not a significant
action and no Statement of Energy Effects is required.
Drafting Information: William Knauer drafted these regulations
under the guidance of Thomas H. Boyd, of the Office of Subsistence
Management, Alaska Regional Office, U.S. Fish and Wildlife Service,
Anchorage, Alaska. Taylor Brelsford, Alaska State Office, Bureau of
Land Management; Bob Gerhard, Alaska Regional Office, National Park
Service; Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs; Rod Simmons, Alaska Regional Office, U.S. Fish and Wildlife
Service; and Steve Kessler, USDA-Forest Service provided additional
guidance.
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.
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR 242 and 50 CFR 100 for the 2006-07
regulatory year. The text of the amendments would be the same as the
final rule for the 2004-05 regulatory year (69 FR 5018) as modified by
Federal Subsistence Board actions January 11-13, 2005.
Dated: November 30, 2004.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
Dated: November 30, 2004.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 05-270 Filed 1-5-05; 8:45 am]
BILLING CODE 4310-55-P; 3410-11-P
