Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2006-2007 Subsistence Taking of Wildlife Regulations, 46795-46798 [05-15884]
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Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Proposed Rules
A when we assess your claim, and we
never use the listings in part B.
If you are a person under age 18, we
first use the criteria in part B of the
listings. If the listings in part B do not
apply, and the specific disease
process(es) has a similar effect on adults
and children, we then use the criteria in
part A. (See §§ 404.1525 and 416.925.)
If your impairment(s) does not meet
any listing, we will also consider
whether it medically equals any listing;
that is, whether it is as medically severe.
(See §§ 404.1526 and 416.926.)
What if You Do Not Have an
Impairment(s) That Meets or Medically
Equals a Listing?
We use the listings only to decide that
you are disabled or that you are still
disabled. We will never deny your claim
or decide that you no longer qualify for
benefits because your impairment(s)
does not meet or medically equal a
listing. If you have a severe
impairment(s) that does not meet or
medically equal any listing, we may still
find you disabled based on other rules
in the ‘‘sequential evaluation process’’
described above. Likewise, we will not
decide that your disability has ended
only because your impairment(s) does
not meet or medically equal a listing.
List of Subjects
20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability
Insurance, Reporting and recordkeeping
requirements, Social Security.
Administrative practice and
procedure, Aged, Blind, Disability
benefits, Public assistance programs,
Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI).
Dated: June 30, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
[FR Doc. 05–15905 Filed 8–10–05; 8:45 am]
BILLING CODE 4191–02–P
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Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018–AT98
Subsistence Management Regulations
for Public Lands in Alaska, Subpart C
and Subpart D—2006–2007
Subsistence Taking of Wildlife
Regulations
AGENCIES: Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
SUMMARY: This proposed rule would
establish regulations for hunting and
trapping seasons, harvest limits,
methods and means related to taking of
wildlife for subsistence uses during the
2006–2007 regulatory year. The
rulemaking is necessary because
Subpart D is subject to an annual public
review cycle. When final, this
rulemaking would replace the wildlife
taking regulations included in the
‘‘Subsistence Management Regulations
for Public Lands in Alaska, Subpart D—
2005–2006 Subsistence Taking of Fish
and Wildlife Regulations,’’ which expire
on June 30, 2006. This rule would also
amend the Customary and Traditional
Use Determinations of the Federal
Subsistence Board and the General
Regulations related to the taking of
wildlife.
The Federal Subsistence Board
must receive your written public
comments and proposals to change this
proposed rule no later than October 21,
2005. Federal Subsistence Regional
Advisory Councils (Regional Councils)
will hold public meetings to receive
proposals to change this proposed rule
on several dates starting from September
20, 2005, through October 21, 2005. See
SUPPLEMENTARY INFORMATION for
additional information on the public
meetings including dates.
ADDRESSES: You may submit proposals
electronically to Subsistence@fws.gov.
See SUPPLEMENTARY INFORMATION for file
formats and other information about
electronic filing. You may also submit
written comments and proposals to the
Office of Subsistence Management, 3601
C Street, Suite 1030, Anchorage, Alaska
99503. The public meetings will be held
at various locations in Alaska. See
SUPPLEMENTARY INFORMATION for
DATES:
20 CFR Part 416
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DEPARTMENT OF AGRICULTURE
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additional information on locations of
the public meetings.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786–
3888. For questions specific to National
Forest System lands, contact Steve
Kessler, Regional Subsistence Program
Leader, USDA, Forest Service, Alaska
Region, (907) 786–3592.
SUPPLEMENTARY INFORMATION:
Public Review Process—Regulation
Comments, Proposals, and Public
Meetings
The Federal Subsistence Board
(Board), through the Regional Councils,
will hold meetings on this proposed
rule at the following locations and on
the following dates in Alaska:
Region 1—Southeast Regional
Council, Wrangell, October 11, 2005.
Region 2—Southcentral Regional
Council, Seldovia, October 19, 2005.
Region 3—Kodiak/Aleutians Regional
Council, Cold Bay, September 20, 2005.
Region 4—Bristol Bay Regional
Council, Dillingham, October 6, 2005.
Region 5—Yukon-Kuskokwim Delta
Regional Council, Bethel, October 13,
2005.
Region 6—Western Interior Regional
Council, McGrath, October 4, 2005.
Region 7—Seward Peninsula Regional
Council, Nome, October 13, 2005.
Region 8—Northwest Arctic Regional
Council, Kotzebue, October 7, 2005.
Region 9—Eastern Interior Regional
Council, Tanana, October 10, 2005.
Region 10—North Slope Regional
Council, Kaktovik, October 20, 2005.
Specific times and meeting locations
will be published in local and statewide
newspapers prior to the meetings.
Locations and dates may change based
on weather or local circumstances. The
amount of work on each Regional
Council’s agenda will determine the
length of the Regional Council meetings.
The agenda of each Regional Council
meeting will include a review of
wildlife issues in the Region, discussion
and development of recommendations
on fishery proposals for the Region, and
staff briefings on matters of interest to
the Council.
Electronic filing of comments
(preferred method): You may submit
electronic comments (proposals) and
other data to Subsistence@fws.gov.
Please submit as MS Word files,
avoiding the use of any special
characters and any form of encryption.
During November 2005, we will
compile the written proposals to change
Subpart D hunting and trapping
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Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Proposed Rules
regulations and customary and
traditional use determinations in
Subpart C and distribute them for
additional public review. A 30-day
public comment period will follow
distribution of the compiled proposal
packet. We will accept written public
comments on distributed proposals
during the public comment period,
which is presently scheduled to end on
January 6, 2006.
A second series of Regional Council
meetings will be held in February and
March 2006, to assist the Regional
Councils in developing
recommendations to the Board. You
may also present comments on
published proposals to change hunting
and trapping and customary and
traditional use determination
regulations to the Regional Councils at
those winter meetings.
The Board will discuss and evaluate
proposed changes to this rule during a
public meeting scheduled to be held in
Anchorage, May 16–18, 2006. You may
provide additional oral testimony on
specific proposals before the Board at
that time. At that public meeting, the
Board will then deliberate and take final
action on proposals received that
request changes to this proposed rule.
Please Note: The Board will not consider
proposals for changes relating to fish or
shellfish regulations at this time. The Board
will be calling for proposed changes to those
regulations in January 2006.
The Board’s review of your comments
and wildlife proposals will be facilitated
by you providing the following
information: (a) Your name, address,
and telephone number; (b) The section
and/or paragraph of the proposed rule
for which you are suggesting changes;
(c) A statement explaining why the
change is necessary; (d) The proposed
wording change; (e) Any additional
information you believe will help the
Board in evaluating your proposal.
Proposals that fail to include the above
information, or proposals that are
beyond the scope of authorities in l.24,
Subpart C and §§ l.25 or l.26, Subpart
D, may be rejected. The Board may defer
review and action on some proposals if
workload exceeds work capacity of staff,
Regional Councils, or Board. These
deferrals will be based on
recommendations of the affected
Regional Council, staff members, and on
the basis of least harm to the subsistence
user and the resource involved.
Proposals should be specific to
customary and traditional use
determinations or to subsistence
hunting and trapping seasons, harvest
limits, and/or methods and means.
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Background
Title VIII of the Alaska National
Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111–3126)
requires that the Secretary of the Interior
and the Secretary of Agriculture
(Secretaries) implement a joint program
to grant a preference for subsistence
uses of fish and wildlife resources on
public lands, unless the State of Alaska
enacts and implements laws of general
applicability that are consistent with
ANILCA and that provide for the
subsistence definition, preference, and
participation specified in Sections 803,
804, and 805 of ANILCA. The State
implemented a program that the
Department of the Interior previously
found to be consistent with ANILCA.
However, in December 1989, the
Alaska Supreme Court ruled in
McDowell v. State of Alaska that the
rural preference in the State subsistence
statute violated the Alaska Constitution.
The Court’s ruling in McDowell required
the State to delete the rural preference
from the subsistence statute and,
therefore, negated State compliance
with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision,
the Department of the Interior and the
Department of Agriculture
(Departments) assumed, on July 1, 1990,
responsibility for implementation of
Title VIII of ANILCA on public lands.
On June 29, 1990, the Temporary
Subsistence Management Regulations
for Public Lands in Alaska were
published in the Federal Register (55
FR 27114–27170). Consistent with
Subparts A, B, and C of these
regulations, as revised February 18,
2003 (68 FR 7703), the Departments
established a Federal Subsistence Board
to administer the Federal Subsistence
Management Program. The Board’s
composition consists of a Chair
appointed by the Secretary of the
Interior with concurrence of the
Secretary of Agriculture; the Alaska
Regional Director, U.S. Fish and
Wildlife Service; the Alaska Regional
Director, U.S. National Park Service; the
Alaska State Director, U.S. Bureau of
Land Management; the Alaska Regional
Director, U.S. Bureau of Indian Affairs;
and the Alaska Regional Forester, USDA
Forest Service. Through the Board, these
agencies participate in the development
of regulations for Subparts A and B and
the annual Subpart C and D regulations.
All Board members have reviewed
this rule and agree with its substance.
Because this rule relates to public lands
managed by an agency or agencies in
both the Departments of Agriculture and
the Interior, identical text would be
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incorporated into 36 CFR part 242 and
50 CFR part 100.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless
otherwise amended) of the Subsistence
Management Regulations for Public
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 would
apply to regulations found in this
subpart.
Federal Subsistence Regional Advisory
Councils
Pursuant to the Record of Decision,
Subsistence Management Regulations
for Federal Public Lands in Alaska,
April 6, 1992, and the Subsistence
Management Regulations for Federal
Public Lands in Alaska, 36 CFR 242.11
(2004) and 50 CFR 100.11 (2004), and
for the purposes identified therein, we
divide Alaska into 10 subsistence
resource regions, each of which is
represented by a Regional Council. The
Regional Councils provide a forum for
rural residents with personal knowledge
of local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Alaska public lands.
The Regional Council members
represent varied geographical, cultural,
and user diversity within each region.
The Regional Councils have a
substantial role in reviewing the
proposed rule and making
recommendations for the final rule.
Moreover, the Council Chairs, or their
designated representatives, will present
their Council’s recommendations at the
Board meeting in May 2006.
Proposed Changes from 2004–2005
Seasons and Bag Limit Regulations
Subpart D regulations are subject to
an annual cycle and require
development of an entire new rule each
year. Customary and traditional use
determinations (§__.24 of Subpart C) are
also subject to an annual review process
providing for modification each year.
The text of the 2005–2006 Subparts C
and D final rule published June 22, 2005
(70 FR 36268), serves as the foundation
for the 2006–2007 Subparts C and D
proposed rule. The regulations
contained in this proposed rule would
take effect on July 1, 2006, unless
elements are changed by subsequent
Board action following the public
review process outlined herein.
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Conformance With Statutory and
Regulatory Authorities
National Environmental Policy Act: A
Draft Environmental Impact Statement
(DEIS) that described four alternatives
for developing a Federal Subsistence
Management Program was distributed
for public comment on October 7, 1991.
That document described the major
issues associated with Federal
subsistence management as identified
through public meetings, written
comments, and staff analysis and
examined the environmental
consequences of the four alternatives.
Proposed regulations (Subparts A, B,
and C) that would implement the
preferred alternative were included in
the DEIS as an appendix. The DEIS and
the proposed administrative regulations
presented a framework for an annual
regulatory cycle regarding subsistence
hunting and fishing regulations (Subpart
D). The Final Environmental Impact
Statement (FEIS) was published on
February 28, 1992.
Based on the public comment
received, the analysis contained in the
FEIS, and the recommendations of the
Federal Subsistence Board and the
Department of the Interior’s Subsistence
Policy Group, it was the decision of the
Secretary of the Interior, with the
concurrence of the Secretary of
Agriculture, through the U.S.
Department of Agriculture-Forest
Service, to implement Alternative IV as
identified in the DEIS and FEIS (Record
of Decision on Subsistence Management
for Federal Public Lands in Alaska
(ROD), signed April 6, 1992). The DEIS
and the selected alternative in the FEIS
defined the administrative framework of
an annual regulatory cycle for
subsistence hunting and fishing
regulations. The final rule for
Subsistence Management Regulations
for Public Lands in Alaska, Subparts A,
B, and C (57 FR 22940; May 29, 1992)
implemented the Federal Subsistence
Management Program and included a
framework for an annual cycle for
subsistence hunting and fishing
regulations.
An environmental assessment was
prepared in 1997 on the expansion of
Federal jurisdiction over fisheries and is
available at 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 does
not constitute a major Federal action
significantly affecting the human
environment and has therefore signed a
Finding of No Significant Impact.
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Section 810 of ANILCA: A Section 810
analysis was completed as part of the
FEIS process on the Federal Subsistence
Management Program. The intent of all
Federal subsistence regulations is to
accord subsistence uses of fish and
wildlife on public lands a priority over
the taking of fish and wildlife on such
lands for other purposes, unless
restriction is necessary to conserve
healthy fish and wildlife populations.
The final Section 810 analysis
determination appeared in the April 6,
1992, ROD and 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 will
not likely restrict subsistence uses
significantly.
During the environmental assessment
process for extending fisheries
jurisdiction, an evaluation of the effects
of this rule was also conducted in
accordance with Section 810. This
evaluation supports the Secretaries’
determination that the rule will not
reach the ‘‘may significantly restrict’’
threshold for notice and hearings under
ANILCA Section 810(a) for any
subsistence resources or uses.
Paperwork Reduction Act: This
proposed rule does not contain any
information collections for which OMB
approval is required under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Federal Agencies
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
Economic Effects: This rule is not a
significant rule subject to OMB review
under Executive Order 12866. This
rulemaking will impose no significant
costs on small entities; this rule does
not restrict any existing sport or
commercial fishery on the public lands,
and subsistence fisheries will continue
at essentially the same levels as they
presently occur. The exact number of
businesses and the amount of trade that
will result from this Federal landrelated 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 they will not be
significant.
In general, the resources to be
harvested under this rule are already
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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.
Regulatory Flexibility Act: The
Regulatory Flexibility Act of 1980 (5
U.S.C. 601 et seq.) requires preparation
of flexibility analyses for rules that will
have a significant effect on a substantial
number of small entities, which include
small businesses, organizations or
governmental jurisdictions. The
Departments certify based on the above
figures that this rulemaking will not
have a significant economic effect on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act. Under the Small
Business Regulatory Enforcement
Fairness Act (5 U.S.C. 801 et seq.), this
rule is not a major rule. It does not have
an effect on the economy of $100
million or more, will not cause a major
increase in costs or prices for
consumers, and does not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Executive Order 12630: Title VIII of
ANILCA requires the Secretaries to
administer a subsistence priority on
public lands. The scope of this program
is limited by definition to certain public
lands. Likewise, these regulations have
no potential takings of private property
implications as defined by Executive
Order 12630.
Unfunded Mandates Reform Act: The
Secretaries have determined and certify
pursuant to the Unfunded Mandates
Reform Act, 2 U.S.C. 1502 et seq., that
this rulemaking will not impose a cost
of $100 million or more in any given
year on local or State governments or
private entities. The implementation of
this rule is by Federal agencies and
there is no cost imposed on any State or
local entities or tribal governments.
Executive Order 12988: The
Secretaries have determined that these
regulations meet the applicable
standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988,
regarding civil justice reform.
Executive Order 13132: In accordance
with Executive Order 13132, the rule
does not have sufficient federalism
implications to warrant the preparation
of a Federalism Assessment. Title VIII of
ANILCA precludes the State from
exercising subsistence management
authority over fish and wildlife
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resources on Federal lands unless it
meets certain requirements.
Government-to-Government Relations
with Native American Tribal
Governments: In accordance with the
President’s memorandum of April 29,
1994, ‘‘Government-to-Government
Relations with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and 512 DM 2, we have
evaluated possible effects on Federally
recognized Indian tribes and have
determined that there are no substantial
direct effects. The Bureau of Indian
Affairs is a participating agency in this
rulemaking.
Energy Effects: 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: Bill 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.
For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR 242
and 50 CFR 100 for the 2006–07
regulatory year. The text of the
amendments would be the same as the
final rule for the 2005–06 regulatory
year published in the Federal Register
of 70 FR 36268, June 22, 2005.
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Dated: July 25, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: July 27, 2005.
Steve Kessler,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. 05–15884 Filed 8–10–05; 8:45 am]
BILLING CODE 3410–11–P, 4310–55–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[CA–316–0484b; FRL–7948–9]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District and Monterey Bay Unified Air
Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVUAPCD) and Monterey Bay Unified
Air Pollution Control District
(MBUAPCD) portions of the California
State Implementation Plan (SIP). These
revisions concern visible emissions of a
variety of pollutants and sources. We
are proposing to approve local rules to
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: Any comments on this proposal
must arrive by September 12, 2005.
ADDRESSES: Send comments to Andy
Steckel, Rulemaking Office Chief (AIR–
4), U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–3901
or e-mail to steckel.andrew@epa.gov, or
submit comments at https://
www.regulations.gov.
You can inspect copies of the
submitted SIP revisions, EPA’s technical
support documents (TSDs), and public
comments at our Region IX office during
normal business hours by appointment.
You may also see copies of the
submitted SIP revisions by appointment
at the locations listed below.
California Air Resources Board,
Stationary Source Division, Rule
Evaluation Section, 1001 ‘‘I’’ Street,
Sacramento, CA 95814.
San Joaquin Valley Unified Air
Pollution Control District, 1990 East
Gettysburg Street, Fresno, CA 93726.
Monterey Bay Unified Air Pollution
Control District, 24580 Silver Cloud
Court, Monterey, CA 93940.
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A copy of the rule may also be
available via the Internet at https://
www.arb.ca.gov/drdb/drdbltxt.htm.
Please be advised that this is not an EPA
Web site and may not contain the same
version of the rule that was submitted
to EPA.
FOR FURTHER INFORMATION CONTACT:
Jerald S. Wamsley, EPA Region IX, at
either (415) 947–4111, or
wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposal concerns the following local
rules: SJVUAPCD Rule 4101—Visible
Emissions and MBUAPCD Rule 400—
Visible Emissions. In the Rules and
Regulations section of this Federal
Register, we are approving these local
rules in a direct final action without
prior proposal because we believe these
SIP revisions are not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: July 25, 2005.
Laura K. Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 05–15832 Filed 8–10–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[RO3–OAR–2005–MD–0007; FRL–7951–4]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants, Maryland;
Control of Emissions From Small
Municipal Waste Combustor (SMWC)
Units; Delegation of Authority
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
the Maryland Department of the
Environment’s (MDE) request for
delegation of authority to implement
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]]>Agencies
[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Proposed Rules]
[Pages 46795-46798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15884]
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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-AT98
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--2006-2007 Subsistence Taking of Wildlife
Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for hunting and
trapping seasons, harvest limits, methods and means related to taking
of wildlife for subsistence uses during the 2006-2007 regulatory year.
The rulemaking is necessary because Subpart D is subject to an annual
public review cycle. When final, this rulemaking would replace the
wildlife taking regulations included in the ``Subsistence Management
Regulations for Public Lands in Alaska, Subpart D--2005-2006
Subsistence Taking of Fish and Wildlife Regulations,'' which expire on
June 30, 2006. This rule would also amend the Customary and Traditional
Use Determinations of the Federal Subsistence Board and the General
Regulations related to the taking of wildlife.
DATES: The Federal Subsistence Board must receive your written public
comments and proposals to change this proposed rule no later than
October 21, 2005. Federal Subsistence Regional Advisory Councils
(Regional Councils) will hold public meetings to receive proposals to
change this proposed rule on several dates starting from September 20,
2005, through October 21, 2005. See SUPPLEMENTARY INFORMATION for
additional information on the public meetings including dates.
ADDRESSES: You may submit proposals electronically to
Subsistence@fws.gov. See SUPPLEMENTARY INFORMATION for file formats and
other information about electronic filing. You may also submit written
comments and proposals to the Office of Subsistence Management, 3601 C
Street, Suite 1030, Anchorage, Alaska 99503. The public meetings will
be held at various locations in Alaska. See SUPPLEMENTARY INFORMATION
for additional information on locations of the public meetings.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Steve Kessler, Regional
Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907)
786-3592.
SUPPLEMENTARY INFORMATION:
Public Review Process--Regulation Comments, Proposals, and Public
Meetings
The Federal Subsistence Board (Board), through the Regional
Councils, will hold meetings on this proposed rule at the following
locations and on the following dates in Alaska:
Region 1--Southeast Regional Council, Wrangell, October 11, 2005.
Region 2--Southcentral Regional Council, Seldovia, October 19,
2005.
Region 3--Kodiak/Aleutians Regional Council, Cold Bay, September
20, 2005.
Region 4--Bristol Bay Regional Council, Dillingham, October 6,
2005.
Region 5--Yukon-Kuskokwim Delta Regional Council, Bethel, October
13, 2005.
Region 6--Western Interior Regional Council, McGrath, October 4,
2005.
Region 7--Seward Peninsula Regional Council, Nome, October 13,
2005.
Region 8--Northwest Arctic Regional Council, Kotzebue, October 7,
2005.
Region 9--Eastern Interior Regional Council, Tanana, October 10,
2005.
Region 10--North Slope Regional Council, Kaktovik, October 20,
2005.
Specific times and meeting locations will be published in local and
statewide newspapers prior to the meetings. Locations and dates may
change based on weather or local circumstances. The amount of work on
each Regional Council's agenda will determine the length of the
Regional Council meetings. The agenda of each Regional Council meeting
will include a review of wildlife issues in the Region, discussion and
development of recommendations on fishery proposals for the Region, and
staff briefings on matters of interest to the Council.
Electronic filing of comments (preferred method): You may submit
electronic comments (proposals) and other data to Subsistence@fws.gov.
Please submit as MS Word files, avoiding the use of any special
characters and any form of encryption.
During November 2005, we will compile the written proposals to
change Subpart D hunting and trapping
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regulations and customary and traditional use determinations in Subpart
C and distribute them for additional public review. A 30-day public
comment period will follow distribution of the compiled proposal
packet. We will accept written public comments on distributed proposals
during the public comment period, which is presently scheduled to end
on January 6, 2006.
A second series of Regional Council meetings will be held in
February and March 2006, to assist the Regional Councils in developing
recommendations to the Board. You may also present comments on
published proposals to change hunting and trapping and customary and
traditional use determination regulations to the Regional Councils at
those winter meetings.
The Board will discuss and evaluate proposed changes to this rule
during a public meeting scheduled to be held in Anchorage, May 16-18,
2006. You may provide additional oral testimony on specific proposals
before the Board at that time. At that public meeting, the Board will
then deliberate and take final action on proposals received that
request changes to this proposed rule.
Please Note: The Board will not consider proposals for changes
relating to fish or shellfish regulations at this time. The Board
will be calling for proposed changes to those regulations in January
2006.
The Board's review of your comments and wildlife proposals will be
facilitated by you providing the following information: (a) Your name,
address, and telephone number; (b) The section and/or paragraph of the
proposed rule for which you are suggesting changes; (c) A statement
explaining why the change is necessary; (d) The proposed wording
change; (e) Any additional information you believe will help the Board
in evaluating your proposal. Proposals that fail to include the above
information, or proposals that are beyond the scope of authorities in
--.24, Subpart C and Sec. Sec. --.25 or --.26, Subpart D, may be
rejected. The Board may defer review and action on some proposals if
workload exceeds work capacity of staff, Regional Councils, or Board.
These deferrals will be based on recommendations of the affected
Regional Council, staff members, and on the basis of least harm to the
subsistence user and the resource involved. Proposals should be
specific to customary and traditional use determinations or to
subsistence hunting and trapping seasons, harvest limits, and/or
methods and means.
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands, unless the State of Alaska enacts
and implements laws of general applicability that are consistent with
ANILCA and that provide for the subsistence definition, preference, and
participation specified in Sections 803, 804, and 805 of ANILCA. The
State implemented a program that the Department of the Interior
previously found to be consistent with ANILCA.
However, in December 1989, the Alaska Supreme Court ruled in
McDowell v. State of Alaska that the rural preference in the State
subsistence statute violated the Alaska Constitution. The Court's
ruling in McDowell required the State to delete the rural preference
from the subsistence statute and, therefore, negated State compliance
with ANILCA. The Court stayed the effect of the decision until July 1,
1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture (Departments) assumed, on
July 1, 1990, responsibility for implementation of Title VIII of ANILCA
on public lands. On June 29, 1990, the Temporary Subsistence Management
Regulations for Public Lands in Alaska were published in the Federal
Register (55 FR 27114-27170). Consistent with Subparts A, B, and C of
these regulations, as revised February 18, 2003 (68 FR 7703), the
Departments established a Federal Subsistence Board to administer the
Federal Subsistence Management Program. The Board's composition
consists of a Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service; the Alaska Regional Director,
U.S. National Park Service; the Alaska State Director, U.S. Bureau of
Land Management; the Alaska Regional Director, U.S. Bureau of Indian
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through
the Board, these agencies participate in the development of regulations
for Subparts A and B and the annual Subpart C and D regulations.
All Board members have reviewed this rule and agree with its
substance. Because this rule relates to public lands managed by an
agency or agencies in both the Departments of Agriculture and the
Interior, identical text would be incorporated into 36 CFR part 242 and
50 CFR part 100.
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 would apply to regulations found in this subpart.
Federal Subsistence Regional Advisory Councils
Pursuant to the Record of Decision, Subsistence Management
Regulations for Federal Public Lands in Alaska, April 6, 1992, and the
Subsistence Management Regulations for Federal Public Lands in Alaska,
36 CFR 242.11 (2004) and 50 CFR 100.11 (2004), and for the purposes
identified therein, we divide Alaska into 10 subsistence resource
regions, each of which is represented by a Regional Council. The
Regional Councils provide a forum for rural residents with personal
knowledge of local conditions and resource requirements to have a
meaningful role in the subsistence management of fish and wildlife on
Alaska public lands. The Regional Council members represent varied
geographical, cultural, and user diversity within each region.
The Regional Councils have a substantial role in reviewing the
proposed rule and making recommendations for the final rule. Moreover,
the Council Chairs, or their designated representatives, will present
their Council's recommendations at the Board meeting in May 2006.
Proposed Changes from 2004-2005 Seasons and Bag Limit Regulations
Subpart D regulations are subject to an annual cycle and require
development of an entire new rule each year. Customary and traditional
use determinations (Sec. ----.24 of Subpart C) are also subject to an
annual review process providing for modification each year. The text of
the 2005-2006 Subparts C and D final rule published June 22, 2005 (70
FR 36268), serves as the foundation for the 2006-2007 Subparts C and D
proposed rule. The regulations contained in this proposed rule would
take effect on July 1, 2006, unless elements are changed by subsequent
Board action following the public review process outlined herein.
[[Page 46797]]
Conformance With Statutory and Regulatory Authorities
National Environmental Policy Act: A Draft Environmental Impact
Statement (DEIS) that described four alternatives for developing a
Federal Subsistence Management Program was distributed for public
comment on October 7, 1991. That document described the major issues
associated with Federal subsistence management as identified through
public meetings, written comments, and staff analysis and examined the
environmental consequences of the four alternatives. Proposed
regulations (Subparts A, B, and C) that would implement the preferred
alternative were included in the DEIS as an appendix. The DEIS and the
proposed administrative regulations presented a framework for an annual
regulatory cycle regarding subsistence hunting and fishing regulations
(Subpart D). The Final Environmental Impact Statement (FEIS) was
published on February 28, 1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the Federal Subsistence Board and the
Department of the Interior's Subsistence Policy Group, it was the
decision of the Secretary of the Interior, with the concurrence of the
Secretary of Agriculture, through the U.S. Department of Agriculture-
Forest Service, to implement Alternative IV as identified in the DEIS
and FEIS (Record of Decision on Subsistence Management for Federal
Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the
selected alternative in the FEIS defined the administrative framework
of an annual regulatory cycle for subsistence hunting and fishing
regulations. The final rule for Subsistence Management Regulations for
Public Lands in Alaska, Subparts A, B, and C (57 FR 22940; May 29,
1992) implemented the Federal Subsistence Management Program and
included a framework for an annual cycle for subsistence hunting and
fishing regulations.
An environmental assessment was prepared in 1997 on the expansion
of Federal jurisdiction over fisheries and is available at 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 does not
constitute a major Federal action significantly affecting the human
environment and has therefore signed a Finding of No Significant
Impact.
Section 810 of ANILCA: A Section 810 analysis was completed as part
of the FEIS process on the Federal Subsistence Management Program. The
intent of all Federal subsistence regulations is to accord subsistence
uses of fish and wildlife on public lands a priority over the taking of
fish and wildlife on such lands for other purposes, unless restriction
is necessary to conserve healthy fish and wildlife populations. The
final Section 810 analysis determination appeared in the April 6, 1992,
ROD and 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 will not likely restrict subsistence uses significantly.
During the environmental assessment process for extending fisheries
jurisdiction, an evaluation of the effects of this rule was also
conducted in accordance with Section 810. This evaluation supports the
Secretaries' determination that the rule will not reach the ``may
significantly restrict'' threshold for notice and hearings under ANILCA
Section 810(a) for any subsistence resources or uses.
Paperwork Reduction Act: This proposed rule does not contain any
information collections for which OMB approval is required under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Federal
Agencies may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
Economic Effects: This rule is not a significant rule subject to
OMB review under Executive Order 12866. This rulemaking will impose no
significant costs on small entities; this rule does not restrict any
existing sport or commercial fishery on the public lands, and
subsistence fisheries will continue at essentially the same levels as
they presently occur. The exact number of businesses and the amount of
trade that will result from this Federal land-related activity is
unknown. The aggregate effect is an insignificant positive economic
effect on a number of small entities, such as 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 they 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.
Regulatory Flexibility Act: The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires preparation of flexibility analyses for
rules that will have a significant effect on a substantial number of
small entities, which include small businesses, organizations or
governmental jurisdictions. The Departments certify based on the above
figures that this rulemaking will not have a significant economic
effect on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act. Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a
major rule. It does not have an effect on the economy of $100 million
or more, will not cause a major increase in costs or prices for
consumers, and does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Executive Order 12630: Title VIII of ANILCA requires the
Secretaries to administer a subsistence priority on public lands. The
scope of this program is limited by definition to certain public lands.
Likewise, these regulations have no potential takings of private
property implications as defined by Executive Order 12630.
Unfunded Mandates Reform Act: The Secretaries have determined and
certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this rulemaking will not impose a cost of $100 million or
more in any given year on local or State governments or private
entities. The implementation of this rule is by Federal agencies and
there is no cost imposed on any State or local entities or tribal
governments.
Executive Order 12988: The Secretaries have determined that these
regulations meet the applicable standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988, regarding civil justice reform.
Executive Order 13132: In accordance with Executive Order 13132,
the rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment. Title VIII of ANILCA
precludes the State from exercising subsistence management authority
over fish and wildlife
[[Page 46798]]
resources on Federal lands unless it meets certain requirements.
Government-to-Government Relations with Native American Tribal
Governments: In accordance with the President's memorandum of April 29,
1994, ``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have determined that there are no substantial direct effects. The
Bureau of Indian Affairs is a participating agency in this rulemaking.
Energy Effects: 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: Bill 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.
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR 242 and 50 CFR 100 for the 2006-07
regulatory year. The text of the amendments would be the same as the
final rule for the 2005-06 regulatory year published in the Federal
Register of 70 FR 36268, June 22, 2005.
Dated: July 25, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: July 27, 2005.
Steve Kessler,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 05-15884 Filed 8-10-05; 8:45 am]
BILLING CODE 3410-11-P, 4310-55-P
