Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2005-06 Subsistence Taking of Fish and Wildlife Regulations, 36268-36315 [05-12160]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service
• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Rules and Regulations]
[Pages 36268-36315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12160]



[[Page 36267]]

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Part IV





Department of Agriculture





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Forest Service



36 CFR Part 242





Department of the Interior





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Fish and Wildlife Service

50 CFR Part 100



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Subsistence Management Regulations for Public Lands in Alaska, Subpart 
C and Subpart D--2005-06 Subsistence Taking of Fish and Wildlife 
Regulations; Final Rule

Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / 
Rules and Regulations

[[Page 36268]]


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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

RIN 1018-AT70


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart C and Subpart D--2005-06 Subsistence Taking of Fish and 
Wildlife Regulations

AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Final rule.

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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 2005-06 regulatory year. The 
rulemaking is necessary because the regulations governing the 
subsistence harvest of wildlife in Alaska are subject to an annual 
public review cycle. This rulemaking replaces the wildlife regulations 
that expire on June 30, 2005. This rule also amends the regulations 
that establish which Alaska residents are eligible to take specific 
species for subsistence uses.

DATES: Sections ----.24(a)(1) and ----.25 are effective July 1, 2005. 
Section ----.26 is effective July 1, 2005, through June 30, 2006.

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) 
786-3888.

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 
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.
    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, 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).
    As a result of this joint process between Interior and Agriculture, 
these regulations can be found in both 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.
    Consistent with Subparts A, B, and C of these regulations, as 
revised May 7, 2002 (67 FR 30559), 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 participated in the development of regulations for Subparts A, 
B, and C, and the annual Subpart D regulations.

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 (2002) and 50 CFR 100.11 (2002), and for the purposes 
identified therein, we divide Alaska into 10 subsistence resource 
regions, each of which is represented by a Federal Subsistence Regional 
Advisory Council (Regional Council). 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. The 
Regional Council members represent varied geographical, cultural, and 
user diversity within each region.

Current Rule

    Because the Subpart D regulations, which establish seasons and 
harvest limits and methods and means, are subject to an annual cycle, 
they require development of an entire new rule each year. Customary and 
traditional use determinations (Subpart C) are also subject to an 
annual review process providing for modification each year. Section --
--.24 (Customary and traditional use determinations) was originally 
published in the Federal Register (57 FR 22940) on May 29, 1992. 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:

[[Page 36269]]



                                         Modifications to Sec.   ----.24
----------------------------------------------------------------------------------------------------------------
                                                                   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.
---------------------------------------
During its May 20-22, 2003, meeting, the Board 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.
----------------------------------------------------------------------------------------------------------------

    The Departments of the Interior and Agriculture published a 
proposed rule on August 31, 2004 (69 FR 53023), to amend Subparts C and 
D of 36 CFR 242 and 50 CFR 100. The proposed rule opened a comment 
period, which closed on October 22, 2004. The Departments advertised 
the proposed rule by mail, radio, and newspaper. During that period, 
the Regional Councils met and, in addition to other Regional Council 
business, received suggestions for proposals from the public. The Board 
received a total of 21 proposals for changes to Subparts C and D. After 
the proposal period closed, the Board prepared a booklet describing the 
proposals and distributed it to the public. The booklet was also made 
available online. The public then had an additional 30 days in which to 
comment on the proposals for changes to the regulations. The 10 
Regional Councils met again, received public comments, and formulated 
their recommendations to the Board on proposals for their respective 
regions. The Regional Councils had a substantial role in reviewing the 
proposed rule and making recommendations for the final rule. Moreover, 
the Council Chairs, or their designated representatives, presented 
their Council's recommendations at the Board meeting of May 3-4, 2005. 
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 
21 proposals, the Board adopted 10 plus parts of 2 others and rejected 
or deferred action on 9 plus parts of 2 others. Additional details on 
the recent Board modifications are contained below in Analysis of 
Proposals Adopted by the Board.

Applicability of Subparts A, B, and C

    Subparts A, B, and C (unless otherwise amended) of the Subsistence 
Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to 
100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this 
rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR 
242.4 apply to regulations found in this subpart.

Analysis of Proposals Rejected by the Board

    The Board rejected or took no action on nine proposals and parts of 
two others.
    One proposal requested reduced season lengths for wolf hunting in 
numerous Units around the State. This proposal was rejected because 
there are no conservation concerns that warrant the action and it would 
be an unnecessary restriction on subsistence users.
    Because of its actions taken on another similar proposal, the Board 
took no action on one proposal that requested the revision of 
definitions related to handicrafts and the expansion of the number of 
items from bears that could be used in the production of handicrafts 
for sale in Units 1-5.
    One proposal requested a special caribou harvest limit for disabled 
hunters in Unit 13A and 13B. This proposal was rejected because the 
designated hunter program and Board action on another proposal made 
this proposal unnecessary.
    One proposal requested the cutting of antlers from moose or 
separation from the skull plate. The Board rejected this proposal as an 
unnecessary restriction on subsistence users.
    The Board took no action on one proposal that requested changes in 
the moose season in part of Unit 24 because of Board actions taken on 
another similar proposal for the Western Interior Region.
    The Board deferred action on five proposals plus part of one other 
in order to allow communities, agencies, and the respective Regional 
Councils additional time to review the issues and to coordinate actions 
to achieve conservation concerns while still protecting subsistence 
opportunities.

Summary of Proposals Adopted by the Board

    The Board adopted 10 proposals and parts of 2 others. 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 may 
have been made during Board discussions, and were based on meeting 
customary and traditional uses or harvest practices, or on protecting 
wildlife populations. Detailed information relating to justification 
for the action on each

[[Page 36270]]

proposal may be found in the Board meeting transcripts, available for 
review at the Office of Subsistence Management, 3601 C Street, Suite 
1030, Anchorage, Alaska, or on the Office of Subsistence Management Web 
site (https://alaska.fws.gov/asm/home.html). Additional minor technical 
clarifications have been made, resulting in a more readable document.

Multiple Regions

    The Board adopted part of one proposal, resulting in the following 
change in the regulations found in Sec.  ----.25, which affect 
residents of multiple Regions.
     Expanded and clarified the definition of handicrafts.

Southeast Region

    The Board adopted one proposal and part of another affecting 
residents of the Southeast Region, resulting in the following changes 
to the regulations found in Sec. Sec.  ----.25 and ----.26.
     Removed the registration permit requirement for deer in 
Unit 2 and instituted a harvest report requirement.
     Revised the evidence of sex requirement for deer in Units 
1-5.

Southcentral Region

    The Board adopted three proposals affecting residents in the 
Southcentral Region, resulting in the following changes to the 
regulations found in Sec.  ----.26.
     Established a minimum age for receiving a permit to 
harvest black bear, deer, goat, moose, wolf, or wolverine in Unit 6.
     Established a joint elder/youth sheep hunt in Units 11 and 
12.
     Authorized the BLM Field Manager to determine the sex of 
caribou that may be taken in portions of Unit 13.

Western Interior Region

    The Board adopted one proposal affecting residents of the Western 
Interior Region, resulting in the following change to the regulations 
found in Sec.  ----.26.
     Revised the season and hunt areas for moose in portions of 
Unit 24 and authorized announcement of antlerless moose seasons by 
local field managers.

Seward Peninsula Region

    The Board adopted one proposal and part of another proposal 
affecting residents of the Seward Peninsula Region, resulting in the 
following changes to the regulations found in Sec.  ----.26.
     Reduced the harvest quota and procedures for both the fall 
and winter seasons for moose in Unit 22B.

Northwest Arctic Region

    The Board adopted three proposals affecting residents in the 
Northwest Arctic Region, resulting in the following changes to the 
regulations found in Sec.  ----.26.
     Lengthened the brown bear season in Unit 23.
     Establish a limited muskox harvest for part of Unit 23.
     Increased the harvest limit and lengthened the season for 
wolf in Unit 23.

Eastern Interior Region

    The Board adopted one proposal affecting residents of the Eastern 
Interior Region, resulting in the following change to the regulations 
found in Sec.  ----.24.
     Revised the customary and traditional use determination 
for moose in portions of Unit 12 to include residents of Chistochina.
    Additionally, the U.S. Fish and Wildlife Service's Office of 
Subsistence Management used its delegated authority to adjust lynx 
seasons and harvest limits consistent with the ADF&G Lynx Harvest 
Management Strategy. The Office of Subsistence Management, in May 2005, 
exercised this authority and added or adjusted lynx hunting seasons in 
Units 7, 14C, 15, 16, and 20 and trapping seasons in Units 11, 13, 14C, 
16, and 20.
    We also added a definition of ``snagging'' to Sec.  ----.25 that 
the Board adopted during its January 11-13, 2005, meeting.
    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 finds that additional public notice under the 
Administrative Procedure Act (APA) for this final rule is unnecessary, 
and contrary to the public interest. The Board has provided extensive 
opportunity for public input and involvement in excess of standard APA 
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. Over the 15 years the Program has been 
operating, no benefit to the public has been demonstrated by delaying 
the effective date of the regulations. A lapse in regulatory control 
could seriously affect the continued viability of wildlife populations 
and 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(d) to make this rule effective less than 30 days after publication.

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 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 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 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, implemented the Federal

[[Page 36271]]

Subsistence Management Program and included a framework for an annual 
cycle for subsistence hunting and fishing regulations. The following 
Federal Register documents pertain to this rulemaking:

 Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
                                          Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
     Federal Register citation         Date of 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 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
                                                                                      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............  In response to comments the
                                                                                      June 12, 2003, interim
                                                                                      rule, amended the
                                                                                      operating regulations.
                                                                                      Also corrected some
                                                                                      inadvertent errors and
                                                                                      oversights of previous
                                                                                      rules.
68 FR 7703.........................  February 18, 2003.....  Direct Final Rule.....  This 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 Direct   Received no adverse
                                                              Final Rule.             comments on the direct
                                                                                      final rule (67 FR 30559).
                                                                                      Adopted direct final rule.
69 FR 60957........................  October 14, 2004......   Final Rule...........  This 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.
----------------------------------------------------------------------------------------------------------------

    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

    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 
August 31, 2006. We will 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

    This rule was not deemed significant for 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 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 within the meaning of the Regulatory Flexibility Act.
    This rulemaking will impose no significant costs on small entities; 
the exact number of businesses and the amount of trade that will result 
from this Federal land-related activity is unknown. The aggregate 
effect is an insignificant positive economic effect on a number of 
small entities, such as ammunition, snowmachine, and gasoline dealers. 
The number of small entities affected is unknown; 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.
    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 2 million pounds of meat are harvested by subsistence 
users annually and, if given an estimated dollar value of $3.00 per 
pound, would equate to about $6 million in food value Statewide.
    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

[[Page 36272]]

certain public lands. Likewise, these regulations have no potential 
takings of private property implications as defined by Executive Order 
12630.
    The Service has determined and certifies pursuant to the Unfunded 
Mandates 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.
    The Service has determined that these final regulations meet the 
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
Order 12988 on 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 management authority over wildlife resources on Federal 
lands.
    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 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; Sandy Rabinowitch, Alaska Regional Office, National 
Park Service; Warren Eastland, Alaska Regional Office, Bureau of Indian 
Affairs; Greg Bos, Alaska Regional Office, U.S. Fish and Wildlife 
Service; and Steve Kessler, Alaska Regional Office, 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.

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.
1A............................  Brown Bear.......  Residents of Unit 1A,
                                                    except no
                                                    subsistence for
                                                    residents of Hyder.
1B............................  Brown Bear.......  Residents of Unit 1A,
                                                    Petersburg, and
                                                    Wrangell, except no
                                                    subsistence for
                                                    residents of Hyder.
1C............................  Brown Bear.......  Residents of Unit 1C,
                                                    Haines, Hoonah,
                                                    Kake, Klukwan,
                                                    Skagway, and
                                                    Wrangell, except no
                                                    subsistence for
                                                    residents of
                                                    Gustavus.
1D............................  Brown Bear.......  Residents of 1D.
1A............................  Deer.............  Residents of Units 1A
                                                    and 2.
1B............................  Deer.............  Residents of Units
                                                    1A, 1B, 2, and 3.
1C............................  Deer.............  Residents of 1C, 1D,
                                                    Hoonah, Kake, and
                                                    Petersburg.
1D............................  Deer.............  No Federal
                                                    subsistence
                                                    priority.
1B............................  Goat.............  Residents of Units 1B
                                                    and 3.
1C............................  Goat.............  Residents of Haines,
                                                    Kake, Klukwan,
                                                    Petersburg, and
                                                    Hoonah.
1B............................  Moose............  Residents of Units 1,
                                                    2, 3, and 4.
1C Berner's Bay...............  Moose............  No Federal
                                                    subsistence
                                                    priority.
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.
3, Wrangell and Mitkof Islands  Moose............  Residents of Units
                                                    1B, 2, and 3.
Unit 4........................  Brown Bear.......  Residents of Unit 4
                                                    and Kake.
4.............................  Deer.............  Residents of Unit 4,
                                                    Kake, Gustavus,
                                                    Haines, Petersburg,
                                                    Pt. Baker, Klukwan,
                                                    Port Protection,
                                                    Wrangell, and
                                                    Yakutat.
4.............................  Goat.............  Residents of Sitka,
                                                    Hoonah, Tenakee,
                                                    Pelican, Funter Bay,
                                                    Angoon, Port
                                                    Alexander, and Elfin
                                                    Cove.

[[Page 36273]]

 
Unit 5........................  Black Bear.......  Residents of Unit 5A.
5.............................  Brown Bear.......  Residents of Yakutat.
5.............................  Deer.............  Residents of Yakutat.
5.............................  Goat.............  Residents of Unit 5A
5.............................  Moose............  Residents of Unit 5A.
5.............................  Wolf.............  Residents of Unit 5A.
Unit 6A.......................  Black Bear.......  Residents of Yakutat
                                                    and Unit 6C and 6D,
                                                    except no
                                                    subsistence for
                                                    Whittier.
6, remainder..................  Black Bear.......  Residents of Unit 6C
                                                    and 6D, except no
                                                    subsistence for
                                                    Whittier.
6.............................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
6A............................  Goat.............  Residents of Unit 5A,
                                                    6(C), Chenega Bay,
                                                    and Tatitlek.
6C and D......................  Goat.............  Residents of Unit 6C
                                                    and D.
6A............................  Moose............  Residents of Units
                                                    5A, 6A, 6B and 6C.
6B and C......................  Moose............  Residents of Units
                                                    6A, 6B and 6C.
6D............................  Moose............  No Federal
                                                    subsistence
                                                    priority.
6A............................  Wolf.............  Residents of Units
                                                    5A, 6, 9, 10 (Unimak
                                                    Island only), 11-13
                                                    and the residents of
                                                    Chickaloon, and 16-
                                                    26.
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.
7.............................  Caribou..........  No Federal
                                                    subsistence
                                                    priority.
7, Brown Mountain hunt area...  Goat.............  Residents of Port
                                                    Graham and Nanwalek.
7, that portion draining into   Moose............  Residents of Chenega
 Kings Bay.                                         Bay and Tatitlek.
7, remainder..................  Moose............  No Federal
                                                    subsistence
                                                    priority.
7.............................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
7.............................  Ruffed Grouse....  No Federal
                                                    subsistence
                                                    priority.
Unit 8........................  Brown Bear.......  Residents of Old
                                                    Harbor, Akhiok,
                                                    Larsen Bay, Karluk,
                                                    Ouzinkie, and Port
                                                    Lions.
8.............................  Deer.............  Residents of Unit 8.
8.............................  Elk..............  Residents of Unit 8.
8.............................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
Unit 9D.......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
9A and B......................  Black Bear.......  Residents of Units
                                                    9A, 9B, 17A, 17B,
                                                    and 17C.
9A............................  Brown Bear.......  Residents of Pedro
                                                    Bay.
9B............................  Brown Bear.......  Residents of Unit 9B.
9C............................  Brown Bear.......  Residents of Unit 9C.
9D............................  Brown Bear.......  Residents of Units 9D
                                                    and 10 (Unimak
                                                    Island).
9E............................  Brown Bear.......  Residents of Chignik,
                                                    Chignik Lagoon,
                                                    Chignik Lake,
                                                    Egegik, Ivanof Bay,
                                                    Perryville, Pilot
                                                    Point, Ugashik, and
                                                    Port Heiden/Meshik.
9A and B......................  Caribou..........  Residents of Units
                                                    9B, 9C and 17.
9C............................  Caribou..........  Residents of Unit 9B,
                                                    9C, 17, and Egegik.
9D............................  Caribou..........  Residents of Unit 9D,
                                                    Akutan, False Pass.
9E............................  Caribou..........  Residents of Units
                                                    9B, 9C, 9E, 17,
                                                    Nelson Lagoon and
                                                    Sand Point.
9A, B, C and E................  Moose............  Residents of Unit 9A,
                                                    9B, 9C, and 9E.
9D............................  Moose............  Residents of Cold
                                                    Bay, False Pass,
                                                    King Cove, Nelson
                                                    Lagoon, and Sand
                                                    Point.
9B............................  Sheep............  Residents of Iliamna,
                                                    Newhalen, Nondalton,
                                                    Pedro Bay, Port
                                                    Alsworth, and
                                                    residents of Lake
                                                    Clark National Park
                                                    and Preserve within
                                                    Unit 9B.
9, remainder..................  Sheep............  No determination.
9.............................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13 and the
                                                    residents of
                                                    Chickaloon, and 16-
                                                    26.
9A, B, C, & 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.
10, remainder.................  Caribou..........   No determination.
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.
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.
11, remainder.................  Black Bear.......  Residents of
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    Tazlina, Tonsina,
                                                    and Unit 11.
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.

[[Page 36274]]

 
11, remainder.................  Brown Bear.......  Residents of
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    Tazlina, Tonsina,
                                                    and Unit 11.
11, north of the Sanford River  Caribou..........  Residents of Units
                                                    11, 12, 13A-D,
                                                    Chickaloon, Healy
                                                    Lake, and Dot Lake.
11, remainder.................  Caribou..........  Residents of Units
                                                    11, 13A-D, and
                                                    Chickaloon.
11............................  Goat.............  Residents of Unit 11,
                                                    Chitina,
                                                    Chistochina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Mentasta Lake,
                                                    Slana, Tazlina,
                                                    Tonsina, and Dot
                                                    Lake.
11, north of the Sanford River  Moose............  Residents of Units
                                                    11, 12, 13A-D,
                                                    Chickaloon, Healy
                                                    Lake, and Dot Lake.
11, remainder.................  Moose............  Residents of Units
                                                    11, 13A-D, and
                                                    Chickaloon.
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 and Tonsina;
                                                    residents along the
                                                    Nabesna Road--
                                                    Milepost 0-46
                                                    (Nabesna Road), and
                                                    residents along the
                                                    McCarthy Road--
                                                    Milepost 0-62
                                                    (McCarthy Road).
11, remainder.................  Sheep............  Residents of Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    McCarthy/South
                                                    Wrangell/South Park,
                                                    Tazlina and 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).
11............................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13 and the
                                                    residents of
                                                    Chickaloon, and 16-
                                                    26.
11............................  Grouse (Spruce,    Residents of Units
                                 Blue, Ruffed,      11, 12, 13 and the
                                 and Sharp-         residents of
                                 tailed).           Chickaloon, 15, 15,
                                                    20D, 22 and 23.
11............................  Ptarmign (Rock,    Residents of Units
                                 Willow and White-  11, 12, 13 and the
                                 tailed).           Chickaloon, 15, 16,
                                                    20D, 22 and 23.
Unit 12.......................  Brown Bear.......  Residents of Units
                                                    12, Dot Lake,
                                                    Chistochina, Gakona,
                                                    Mentasta Lake, and
                                                    Slana.
12............................  Caribou..........  Residents of Unit 12,
                                                    Dot Lake, Healy
                                                    Lake, and Mentasta
                                                    Lake.
12, that portion west of the    Moose............  Residents of Unit 11
 Nabesna River and Nabesna                          north of 62nd
 Glacier, south of a line from                      parallel, Unit 12,
 Noyes Mountain to the                              13A-D and the
 confluence of Tatschunda                           residents of
 Creek with the Nabesna River.                      Chickaloon, Dot
                                                    Lake, and Healy
                                                    Lake.
12, that portion east of the    Moose............  Residents of Unit 12,
 Nabesna River and Nabesna                          Chistochina, and
 Glacier, south of the Winter                       Healy Lake.
 Trail from Pickerel Lake to
 the Canadian Border.
12, remainder.................  Moose............  Residents of Unit 12,
                                                    Chistochina, Dot
                                                    Lake, Healy Lake,
                                                    and Mentasta Lake.
12............................  Sheep............  Residents of Unit 12,
                                                    Chistochina, Dot
                                                    Lake, Healy Lake,
                                                    and Mentasta Lake.
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.
13B...........................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    residents of Unit
                                                    20D except Fort
                                                    Greely, and the
                                                    residents of
                                                    Chickaloon.
13C...........................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    Chickaloon, Dot Lake
                                                    and Healy Lake.
13A and D.....................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    and the residents of
                                                    Chickaloon.
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).
13D...........................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
13A and D.....................  Moose............  Residents of Unit 13,
                                                    Chickaloon, and
                                                    Slana.
13B...........................  Moose............  Residents of