Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments-Copper River, 35537-35539 [05-12158]
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations
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, Subpart D;
Seasonal Adjustments—Copper River
Forest Service, USDA; Fish
and Wildlife Service, Interior.
ACTION: Seasonal adjustments.
AGENCIES:
SUMMARY: This provides notice of the
Federal Subsistence Board’s in-season
management actions to protect sockeye
salmon escapement in the Copper River,
while still providing for a subsistence
harvest opportunity. The fishing
schedules and closures will provide an
exception to the Subsistence
Management Regulations for Public
Lands in Alaska, published in the
Federal Register on March 21, 2005.
Those regulations established seasons,
harvest limits, methods, and means
relating to the taking of fish and
shellfish for subsistence uses during the
2005 regulatory year.
DATES: The fishing schedule with a
delayed opening for the Chitina
Subdistrict of the Upper Copper River
District is effective May 16, 2005,
through July 13, 2005. The Glennallen
Subdistrict of the Upper Copper River
District is closed effective May 15, 2005,
through May 30, 2005.
FOR FURTHER INFORMATION CONTACT:
Thomas H. Boyd, Office of Subsistence
Management, U.S. Fish and Wildlife
Service, telephone (907) 786–3888. For
questions specific to National Forest
System lands, contact Steve Kessler,
Subsistence Program Manager, USDA—
Forest Service, Alaska Region,
telephone (907) 786–3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National
Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111–3126)
requires that the Secretary of the Interior
and the Secretary of Agriculture
(Secretaries) implement a joint program
to grant a preference for subsistence
uses of fish and wildlife resources on
public lands 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,
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preference, and participation specified
in Sections 803, 804, and 805 of
ANILCA. In December 1989, the Alaska
Supreme Court ruled that the rural
preference in the State subsistence
statute violated the Alaska Constitution
and, therefore, negated State compliance
with ANILCA.
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.
The Departments administer Title VIII
through regulations at Title 50, Part 100
and Title 36, Part 242 of the Code of
Federal Regulations (CFR). Consistent
with Subparts A, B, and C of these
regulations, as revised January 8, 1999
(64 FR 1276), 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, National
Park Service; the Alaska State Director,
Bureau of Land Management; the Alaska
Regional Director, 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, which establish
the program structure and determine
which Alaska residents are eligible to
take specific species for subsistence
uses, and the annual Subpart D
regulations, which establish seasons,
harvest limits, and methods and means
for subsistence take of species in
specific areas. Subpart D regulations for
the 2005 fishing seasons, harvest limits,
and methods and means were published
on March 21, 2005 (70 FR 13377).
Because this action relates to public
lands managed by an agency or agencies
in both the Departments of Agriculture
and the Interior, identical closures and
adjustments would apply to 36 CFR part
242 and 50 CFR part 100.
The Alaska Department of Fish and
Game (ADF&G), under the direction of
the Alaska Board of Fisheries (BOF),
manages sport, commercial, personal
use, and State subsistence harvest on all
lands and waters throughout Alaska.
However, on Federal lands and waters,
the Federal Subsistence Board
implements a subsistence priority for
rural residents as provided by Title VIII
of ANILCA. In providing this priority,
the Board may, when necessary,
preempt State harvest regulations for
fish or wildlife on Federal lands and
waters.
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35537
These adjustments are necessary
because of the need to maintain the
viability of salmon stocks in the Copper
River based on in-season run
assessments. These actions are
authorized and in accordance with 50
CFR 100.19(d–e) and 36 CFR 242.19(d–
e).
Copper River—Chitina Subdistrict
In December 2001, the Board adopted
regulatory proposals establishing a new
Federal subsistence fishery in the
Chitina Subdistrict of the Copper River.
This fishery is open to Federally
qualified users having customary and
traditional use of salmon in this
Subdistrict. The State conducts a
personal use fishery in this Subdistrict
that is open to all Alaska residents.
Management of the fishery is based on
the numbers of salmon returning to the
Copper River. A larger than predicted
salmon run will allow additional fishing
time. A smaller than predicted run will
require restrictions to achieve upriver
passage and spawning escapement
goals. A run that approximates the preseason forecast will allow fishing to
proceed similar to the pre-season
schedule with some adjustments made
to fishing time based on in-season data.
Adjustments to the preseason schedule
are expected as a normal function of an
abundance-based management strategy.
State and Federal managers, reviewing
and discussing all available in-season
information, will make these
adjustments.
While Federal and State regulations
currently differ for this Subdistrict, the
Board indicated that Federal in-season
management actions regarding fishing
periods were expected to mirror State
actions. The State established a
preseason schedule of allowable fishing
periods based on daily projected sonar
estimates. This preseason schedule is
intended to distribute the harvest
throughout the salmon run and provide
salmon for upriver subsistence fisheries
and the spawning escapement. The
salmon season is closed until the first
open period scheduled for June 4, 2005,
at 12:01 pm. Shown below are the
fishing schedule openings for the
Chitina Subdistrict of the Copper River:
Saturday, June 4, 12:01 p.m.–Sunday,
June 5, 12:01 p.m.
Wednesday, June 8, 12:01 a.m.–Sunday,
June 12, 11:59 p.m.
Monday, June 13, 12:01 a.m.–Sunday,
June 19, 11:59 p.m.
Monday, June 20, 12:01 a.m.–Sunday,
June 26, 11:59 p.m.
Monday, June 27, 12:01 a.m.–Sunday,
July 3, 11:59 p.m.
Tuesday, July 5, 12:01 a.m.–Sunday,
July 10, 11:59 p.m.
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations
Wednesday, July 13, 8:00 a.m.–Sunday,
July 17, 11:59 p.m.
Tuesday, July 19, 12:01 a.m.–Sunday,
July 24, 11:59 p.m.
Monday, July 25, 12:01 a.m.–Friday,
September 30, 11:59 p.m.
State personal use and Federal
subsistence fisheries in this Subdistrict
close simultaneously by regulation on
September 30, 2005. No deviation from
this date is anticipated.
Copper River—Glennallen Subdistrict
In December 2000, the Board adopted
a regulatory proposal opening the
Glennallen Subdistrict of the Copper
River to Federally qualified users May
15. This allowed Federally qualified
users to harvest salmon prior to the
State subsistence fishing season that
opens June 1. This fishery is open to
Federally qualified users having
customary and traditional use of salmon
in this Subdistrict. The State conducts
a personal use fishery in this Subdistrict
that is open to all Alaska residents.
Salmon migrating through the
Glennallen Subdistrict during this
period are likely to spawn in upper river
tributaries based on prior studies
conducted by the Alaska Department of
Fish and Game. In 2003, Federallyqualified users harvested approximately
750 salmon in the Glennallen
Subdistrict during May. None of this
harvest appears to have occurred
upstream of the Gakona River.
The State has briefly delayed the
opening of the commercial fishery near
the mouth of the Copper River
predicated on the pre-season forecast.
Production from the early portion of the
natural run may be weak because of low
inriver escapements prior to mid June in
brood years 1999 and 2000. If Miles
Lake sonar estimates are substantially
below the forecasted levels, both the
State and the Board will reduce the
open periods in the Chitina Subdistrict
as described in the Copper River
Salmon Management Plan (5 AAC
24.360). Management of the fishery is
based on the numbers of salmon
returning to the Copper River. A larger
than predicted salmon run will allow
additional fishing time. A smaller than
predicted run will require restrictions to
achieve upriver passage and spawning
escapement goals.
In May of 2004, Federally qualified
users that harvest salmon upstream of
the Gakona River strongly expressed
concerns that their harvest is declining
and that one of the causes of this
decline is harvest of salmon
downstream. Harvest data from 1996
through 2003 suggest that this may be a
valid concern. No data regarding early
run escapement is available until the
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Miles Lake sonar is operational and
salmon passing the sonar site have
arrived within the Glennallen
Subdistrict (approximately 3 weeks’
travel time). Therefore, this action
utilizes a conservative approach and
restricts the fishery until data from the
Miles Lake sonar are available.
The Glennallen Subdistrict of the
Copper River will be closed to the
harvest of salmon until June 1, 2005.
Federally qualified users downstream
of the Gakona River are not expected to
be significantly impacted by this action
because they have ample opportunity to
harvest additional salmon stocks that
enter the Subdistrict later to spawn in
tributaries downstream of the Gakona
River.
State and Federal subsistence
fisheries in this Subdistrict close
simultaneously by regulation on
September 30, 2005. No deviation from
this date is anticipated.
The Board finds that additional public
notice and comment requirements
under the Administrative Procedure Act
(APA) for these adjustments are
impracticable, unnecessary, and
contrary to the public interest. Lack of
appropriate and immediate conservation
measures could seriously affect the
continued viability of fish populations,
adversely impact future subsistence
opportunities for rural Alaskans, and
would generally fail to serve the overall
public interest.
Therefore, the Board finds good cause
pursuant to 5 U.S.C. 553(b)(3)(B) to
waive additional public notice and
comment procedures prior to
implementation of these actions and
pursuant to 5 U.S.C. 553(d)(3) to make
this rule effective as indicated in the
DATES section.
Conformance With Statutory and
Regulatory Authorities
National Environmental Policy Act
Compliance
A Final Environmental Impact
Statement (FEIS) was published on
February 28, 1992, and a Record of
Decision on Subsistence Management
for Federal Public Lands in Alaska
(ROD) was signed April 6, 1992. 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. A final rule that
redefined the jurisdiction of the Federal
Subsistence Management Program to
include waters subject to the
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subsistence priority was published on
January 8, 1999 (64 FR 1276.)
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, under Alternative IV with an
annual process for setting hunting and
fishing regulations, may have some local
impacts on subsistence uses, but the
program is not likely to significantly
restrict subsistence uses.
Paperwork Reduction Act
The adjustment and emergency
closures do not contain information
collection requirements subject to Office
of Management and Budget (OMB)
approval under the Paperwork
Reduction Act of 1995.
Other Requirements
The adjustments have been exempted
from OMB review under Executive
Order 12866.
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
preparation of flexibility analyses for
rules that will have a significant effect
on a substantial number of small
entities, which include small
businesses, organizations, or
governmental jurisdictions. The 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
economic effect (both positive and
negative) on a small number of small
entities supporting subsistence
activities, such as boat, fishing gear, and
gasoline dealers. The number of small
entities affected is unknown; however,
the effects will be seasonally and
geographically-limited in nature and
will likely not be significant. The
Departments certify that the adjustments
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
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations
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
preference on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, the
adjustments have no potential takings of
private property implications as defined
by Executive Order 12630.
The Service has determined and
certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that the adjustments will not
impose a cost of $100 million or more
in any given year on local or State
governments or private entities. The
implementation is by Federal agencies,
and no cost is involved to any State or
local entities or Tribal governments.
The Service has determined that the
adjustments 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 adjustments do 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. Cooperative salmon run
assessment efforts with ADF&G will
continue.
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 these
actions are not expected to significantly
affect energy supply, distribution, or
use, they are not significant energy
actions and no Statement of Energy
Effects is required.
Drafting Information
Bill Knauer drafted this document
under the guidance of Thomas H. Boyd,
of the Office of Subsistence
Management, Alaska Regional Office,
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Jkt 205001
U.S. Fish and Wildlife Service,
Anchorage, Alaska. Taylor Brelsford,
Alaska State Office, Bureau of Land
Management; Rod Simmons, Alaska
Regional Office, U.S. Fish and Wildlife
Service; Nancy Swanton, Alaska
Regional Office, National Park Service;
Dr. Glenn Chen, Alaska Regional Office,
Bureau of Indian Affairs; and Steve
Kessler, USDA-Forest Service, provided
additional guidance.
Authority: 16 U.S.C. 3, 472, 551, 668dd,
3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
1733.
Dated: June 1, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: June 1, 2005.
Steve Kessler,
Subsistence Program Leader, USDA-Forest
Service.
[FR Doc. 05–12158 Filed 6–20–05; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–D–7573]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency (FEMA),
Emergency Preparedness and Response
Directorate, Department of Homeland
Security.
ACTION: Interim rule.
AGENCY:
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table and revise the Flood Insurance
Rate Map(s) (FIRMs) in effect prior to
this determination for each listed
community.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Director reconsider the changes. The
modified elevations may be changed
during the 90-day period.
ADDRESSES: The modified BFEs for each
community are available for inspection
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35539
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
Doug Bellomo, P.E., Hazard
Identification Section, Emergency
Preparedness and Response Directorate,
FEMA, 500 C Street SW., Washington,
DC 20472, (202) 646–2903.
SUPPLEMENTARY INFORMATION: The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based upon knowledge of changed
conditions, or upon new scientific or
technical data.
The modifications are made pursuant
to Section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified elevations, together
with the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by other
Federal, state or regional entities.
The changes in BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR Part 10,
Environmental Consideration. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Mitigation Division Director of the
Emergency Preparedness and Response
Directorate certifies that this rule is
exempt from the requirements of the
Regulatory Flexibility Act because
modified BFEs are required by the Flood
Disaster Protection Act of 1973, 42
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]]>Agencies
[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35537-35539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12158]
[[Page 35537]]
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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,
Subpart D; Seasonal Adjustments--Copper River
AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Seasonal adjustments.
-----------------------------------------------------------------------
SUMMARY: This provides notice of the Federal Subsistence Board's in-
season management actions to protect sockeye salmon escapement in the
Copper River, while still providing for a subsistence harvest
opportunity. The fishing schedules and closures will provide an
exception to the Subsistence Management Regulations for Public Lands in
Alaska, published in the Federal Register on March 21, 2005. Those
regulations established seasons, harvest limits, methods, and means
relating to the taking of fish and shellfish for subsistence uses
during the 2005 regulatory year.
DATES: The fishing schedule with a delayed opening for the Chitina
Subdistrict of the Upper Copper River District is effective May 16,
2005, through July 13, 2005. The Glennallen Subdistrict of the Upper
Copper River District is closed effective May 15, 2005, through May 30,
2005.
FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence
Management, U.S. Fish and Wildlife Service, telephone (907) 786-3888.
For questions specific to National Forest System lands, contact Steve
Kessler, Subsistence Program Manager, USDA--Forest Service, Alaska
Region, telephone (907) 786-3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands 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. In December 1989, the Alaska Supreme Court ruled that the
rural preference in the State subsistence statute violated the Alaska
Constitution and, therefore, negated State compliance with ANILCA.
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. The Departments
administer Title VIII through regulations at Title 50, Part 100 and
Title 36, Part 242 of the Code of Federal Regulations (CFR). Consistent
with Subparts A, B, and C of these regulations, as revised January 8,
1999 (64 FR 1276), 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, National Park Service; the Alaska State Director, Bureau of
Land Management; the Alaska Regional Director, 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, which establish the program structure and
determine which Alaska residents are eligible to take specific species
for subsistence uses, and the annual Subpart D regulations, which
establish seasons, harvest limits, and methods and means for
subsistence take of species in specific areas. Subpart D regulations
for the 2005 fishing seasons, harvest limits, and methods and means
were published on March 21, 2005 (70 FR 13377).
Because this action relates to public lands managed by an agency or
agencies in both the Departments of Agriculture and the Interior,
identical closures and adjustments would apply to 36 CFR part 242 and
50 CFR part 100.
The Alaska Department of Fish and Game (ADF&G), under the direction
of the Alaska Board of Fisheries (BOF), manages sport, commercial,
personal use, and State subsistence harvest on all lands and waters
throughout Alaska. However, on Federal lands and waters, the Federal
Subsistence Board implements a subsistence priority for rural residents
as provided by Title VIII of ANILCA. In providing this priority, the
Board may, when necessary, preempt State harvest regulations for fish
or wildlife on Federal lands and waters.
These adjustments are necessary because of the need to maintain the
viability of salmon stocks in the Copper River based on in-season run
assessments. These actions are authorized and in accordance with 50 CFR
100.19(d-e) and 36 CFR 242.19(d-e).
Copper River--Chitina Subdistrict
In December 2001, the Board adopted regulatory proposals
establishing a new Federal subsistence fishery in the Chitina
Subdistrict of the Copper River. This fishery is open to Federally
qualified users having customary and traditional use of salmon in this
Subdistrict. The State conducts a personal use fishery in this
Subdistrict that is open to all Alaska residents.
Management of the fishery is based on the numbers of salmon
returning to the Copper River. A larger than predicted salmon run will
allow additional fishing time. A smaller than predicted run will
require restrictions to achieve upriver passage and spawning escapement
goals. A run that approximates the pre-season forecast will allow
fishing to proceed similar to the pre-season schedule with some
adjustments made to fishing time based on in-season data. Adjustments
to the preseason schedule are expected as a normal function of an
abundance-based management strategy. State and Federal managers,
reviewing and discussing all available in-season information, will make
these adjustments.
While Federal and State regulations currently differ for this
Subdistrict, the Board indicated that Federal in-season management
actions regarding fishing periods were expected to mirror State
actions. The State established a preseason schedule of allowable
fishing periods based on daily projected sonar estimates. This
preseason schedule is intended to distribute the harvest throughout the
salmon run and provide salmon for upriver subsistence fisheries and the
spawning escapement. The salmon season is closed until the first open
period scheduled for June 4, 2005, at 12:01 pm. Shown below are the
fishing schedule openings for the Chitina Subdistrict of the Copper
River:
Saturday, June 4, 12:01 p.m.-Sunday, June 5, 12:01 p.m.
Wednesday, June 8, 12:01 a.m.-Sunday, June 12, 11:59 p.m.
Monday, June 13, 12:01 a.m.-Sunday, June 19, 11:59 p.m.
Monday, June 20, 12:01 a.m.-Sunday, June 26, 11:59 p.m.
Monday, June 27, 12:01 a.m.-Sunday, July 3, 11:59 p.m.
Tuesday, July 5, 12:01 a.m.-Sunday, July 10, 11:59 p.m.
[[Page 35538]]
Wednesday, July 13, 8:00 a.m.-Sunday, July 17, 11:59 p.m.
Tuesday, July 19, 12:01 a.m.-Sunday, July 24, 11:59 p.m.
Monday, July 25, 12:01 a.m.-Friday, September 30, 11:59 p.m.
State personal use and Federal subsistence fisheries in this
Subdistrict close simultaneously by regulation on September 30, 2005.
No deviation from this date is anticipated.
Copper River--Glennallen Subdistrict
In December 2000, the Board adopted a regulatory proposal opening
the Glennallen Subdistrict of the Copper River to Federally qualified
users May 15. This allowed Federally qualified users to harvest salmon
prior to the State subsistence fishing season that opens June 1. This
fishery is open to Federally qualified users having customary and
traditional use of salmon in this Subdistrict. The State conducts a
personal use fishery in this Subdistrict that is open to all Alaska
residents. Salmon migrating through the Glennallen Subdistrict during
this period are likely to spawn in upper river tributaries based on
prior studies conducted by the Alaska Department of Fish and Game. In
2003, Federally-qualified users harvested approximately 750 salmon in
the Glennallen Subdistrict during May. None of this harvest appears to
have occurred upstream of the Gakona River.
The State has briefly delayed the opening of the commercial fishery
near the mouth of the Copper River predicated on the pre-season
forecast. Production from the early portion of the natural run may be
weak because of low inriver escapements prior to mid June in brood
years 1999 and 2000. If Miles Lake sonar estimates are substantially
below the forecasted levels, both the State and the Board will reduce
the open periods in the Chitina Subdistrict as described in the Copper
River Salmon Management Plan (5 AAC 24.360). Management of the fishery
is based on the numbers of salmon returning to the Copper River. A
larger than predicted salmon run will allow additional fishing time. A
smaller than predicted run will require restrictions to achieve upriver
passage and spawning escapement goals.
In May of 2004, Federally qualified users that harvest salmon
upstream of the Gakona River strongly expressed concerns that their
harvest is declining and that one of the causes of this decline is
harvest of salmon downstream. Harvest data from 1996 through 2003
suggest that this may be a valid concern. No data regarding early run
escapement is available until the Miles Lake sonar is operational and
salmon passing the sonar site have arrived within the Glennallen
Subdistrict (approximately 3 weeks' travel time). Therefore, this
action utilizes a conservative approach and restricts the fishery until
data from the Miles Lake sonar are available.
The Glennallen Subdistrict of the Copper River will be closed to
the harvest of salmon until June 1, 2005.
Federally qualified users downstream of the Gakona River are not
expected to be significantly impacted by this action because they have
ample opportunity to harvest additional salmon stocks that enter the
Subdistrict later to spawn in tributaries downstream of the Gakona
River.
State and Federal subsistence fisheries in this Subdistrict close
simultaneously by regulation on September 30, 2005. No deviation from
this date is anticipated.
The Board finds that additional public notice and comment
requirements under the Administrative Procedure Act (APA) for these
adjustments are impracticable, unnecessary, and contrary to the public
interest. Lack of appropriate and immediate conservation measures could
seriously affect the continued viability of fish populations, adversely
impact future subsistence opportunities for rural Alaskans, and would
generally fail to serve the overall public interest.
Therefore, the Board finds good cause pursuant to 5 U.S.C.
553(b)(3)(B) to waive additional public notice and comment procedures
prior to implementation of these actions and pursuant to 5 U.S.C.
553(d)(3) to make this rule effective as indicated in the DATES
section.
Conformance With Statutory and Regulatory Authorities
National Environmental Policy Act Compliance
A Final Environmental Impact Statement (FEIS) was published on
February 28, 1992, and a Record of Decision on Subsistence Management
for Federal Public Lands in Alaska (ROD) was signed April 6, 1992. 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. A final rule that redefined the jurisdiction of the
Federal Subsistence Management Program to include waters subject to the
subsistence priority was published on January 8, 1999 (64 FR 1276.)
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, under Alternative IV with an annual process for
setting hunting and fishing regulations, may have some local impacts on
subsistence uses, but the program is not likely to significantly
restrict subsistence uses.
Paperwork Reduction Act
The adjustment and emergency closures do not contain information
collection requirements subject to Office of Management and Budget
(OMB) approval under the Paperwork Reduction Act of 1995.
Other Requirements
The adjustments have been exempted from OMB review under Executive
Order 12866.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
The 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 economic effect (both positive and negative)
on a small number of small entities supporting subsistence activities,
such as boat, fishing gear, and gasoline dealers. The number of small
entities affected is unknown; however, the effects will be seasonally
and geographically-limited in nature and will likely not be
significant. The Departments certify that the adjustments 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
[[Page 35539]]
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 preference on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, the
adjustments have no potential takings of private property implications
as defined by Executive Order 12630.
The Service has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that the adjustments will
not impose a cost of $100 million or more in any given year on local or
State governments or private entities. The implementation is by Federal
agencies, and no cost is involved to any State or local entities or
Tribal governments.
The Service has determined that the adjustments 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 adjustments do 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. Cooperative salmon run assessment efforts
with ADF&G will continue.
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 these actions are
not expected to significantly affect energy supply, distribution, or
use, they are not significant energy actions and no Statement of Energy
Effects is required.
Drafting Information
Bill Knauer drafted this document 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; Rod Simmons, Alaska
Regional Office, U.S. Fish and Wildlife Service; Nancy Swanton, Alaska
Regional Office, National Park Service; Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs; and Steve Kessler, USDA-Forest
Service, provided additional guidance.
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Dated: June 1, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: June 1, 2005.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 05-12158 Filed 6-20-05; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
