Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments-Copper River and Cable Creek, 35541-35543 [06-5499]
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
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applicable law or otherwise impractical.
Voluntary consensus standards are
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This rule does not use technical
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§ 165.T07–113 Upper Cooper River,
Charleston, SC.
(a) Regulated area. The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Upper
Cooper River for a fireworks display.
The temporary safety zone extends 1000
feet in all directions from the fireworks
launch barges located on the Upper
Cooper River, North Charleston, SC in
approximate position 32°51′57″ N
079°57′35″ W.
(b) Definitions. The following
definitions apply to this section:
Designated representative means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and federal, state,
and local officers designated by or
assisting the Captain of the Port
Charleston (COTP) in the enforcement
of the regulated area.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, anchoring, mooring or
transiting in this regulated area is
prohibited, except as provided for
herein, or unless authorized by the
Coast Guard Captain of the Port
Charleston, South Carolina or his
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF-FM channel 16
or via phone at (843) 724–7616.
(d) Date. The rule is effective from 6
p.m. on July 4, 2006 through until 12:01
a.m. on July 5, 2006.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. A final
‘‘Environmental Analysis Check List’’
and a final ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Dated: May 23, 2006.
John E. Cameron,
Captain, U.S. Coast Guard, Captain of the
Port Charleston, SC.
[FR Doc. E6–9815 Filed 6–20–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF AGRICULTURE
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Forest Service
36 CFR Part 242
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF THE INTERIOR
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
50 CFR Part 100
1. The authority citation for part 165
continues to read as follows:
Subsistence Management Regulations
for Public Lands in Alaska, Subpart D;
Seasonal Adjustments—Copper River
and Cable Creek
I
Fish and Wildlife Service
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I
Authority: 33 U.S.C 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
AGENCIES: Forest Service, USDA; Fish
and Wildlife Service, Interior.
ACTION: Seasonal adjustments.
I 2. A new temporary § 165.T07–113 is
added to read as follows:
SUMMARY: This provides notice of the
Federal Subsistence Board’s in-season
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35541
management actions to protect Chinook
and sockeye salmon escapement in the
Copper River, while still providing for
a subsistence harvest opportunity, and
to protect steelhead in Cable Creek and
its tributaries. The revised fishing
schedule for the Chitina Subdistrict of
the Copper River and the closure of the
Cable Creek area provide an exception
to the Subsistence Management
Regulations for Public Lands in Alaska,
published in the Federal Register on
March 29, 2006. Those regulations
established seasons, harvest limits,
methods, and means relating to the
taking of fish and shellfish for
subsistence uses during the 2006
regulatory year.
DATES: The latest fishing schedule for
the Chitina Subdistrict of the Upper
Copper River District is effective June 1,
2006, through July 31, 2006. The closure
of Cable Creek and its tributaries is
effective April 13, 2006, through May
31, 2006.
FOR FURTHER INFORMATION CONTACT:
Peter J. Probasco, Office of Subsistence
Management, U.S. Fish and Wildlife
Service, telephone (907) 786–3888. For
questions specific to National Forest
System lands, contact Steve Kessler,
Subsistence Program Manager, USDA—
Forest Service, Alaska Region,
telephone (907) 786–3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National
Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111–3126)
requires that the Secretary of the Interior
and the Secretary of Agriculture
(Secretaries) implement a joint program
to grant a preference for subsistence
uses of fish and wildlife resources on
public lands in Alaska, unless the State
of Alaska enacts and implements laws
of general applicability that are
consistent with ANILCA and that
provide for the subsistence definition,
preference, and participation specified
in Sections 803, 804, and 805 of
ANILCA. In December 1989, the Alaska
Supreme Court ruled that the rural
preference in the State subsistence
statute violated the Alaska Constitution
and, therefore, negated State compliance
with ANILCA.
The Department of the Interior and
the Department of Agriculture
(Departments) assumed, on July 1, 1990,
responsibility for implementation of
Title VIII of ANILCA on public lands.
The Departments administer Title VIII
through regulations at Title 50, Part 100
and Title 36, Part 242 of the Code of
Federal Regulations (CFR). Consistent
with Subparts A, B, and C of these
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Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations
regulations, as revised January 8, 1999
(64 FR 1276), the Departments
established a Federal Subsistence Board
to administer the Federal Subsistence
Management Program. The Board’s
composition includes a Chair appointed
by the Secretary of the Interior with
concurrence of the Secretary of
Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service;
the Alaska Regional Director, National
Park Service; the Alaska State Director,
Bureau of Land Management; the Alaska
Regional Director, Bureau of Indian
Affairs; and the Alaska Regional
Forester, USDA Forest Service. Through
the Board, these agencies participate in
the development of regulations for
Subparts A, B, and C, which establish
the program structure and determine
which Alaska residents are eligible to
take specific species for subsistence
uses, and the annual Subpart D
regulations, which establish seasons,
harvest limits, and methods and means
for subsistence take of species in
specific areas. Subpart D regulations for
the 2006 fishing seasons, harvest limits,
and methods and means were published
on March 29, 2006 (71 FR 15569).
Because this action relates to public
lands managed by an agency or agencies
in both the Departments of Agriculture
and the Interior, identical closures and
adjustments would apply to 36 CFR part
242 and 50 CFR part 100.
The Alaska Department of Fish and
Game (ADF&G), under the direction of
the Alaska Board of Fisheries (BOF),
manages sport, commercial, personal
use, and State subsistence harvest on all
lands and waters throughout Alaska.
However, on Federal lands and waters,
the Federal Subsistence Board
implements a subsistence priority for
rural residents as provided by Title VIII
of ANILCA. In providing this priority,
the Board may, when necessary,
preempt State harvest regulations for
fish or wildlife on Federal lands and
waters.
Current Management Actions
These actions are authorized and in
accordance with 50 CFR 100.19(d–e)
and 36 CFR 242.19(d–e).
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Copper River—Chitina Subdistrict
In December 2001, the Board adopted
regulatory proposals establishing a new
Federal subsistence fishery in the
Chitina Subdistrict of the Copper River.
This fishery is open to federally
qualified users having customary and
traditional use of salmon in this
Subdistrict. The State conducts a
personal use fishery in this Subdistrict
that is open to all Alaska residents.
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16:35 Jun 20, 2006
Jkt 208001
Management of the fishery is based on
the numbers of salmon returning to the
Copper River. A larger than predicted
salmon run will allow additional fishing
time. A smaller than predicted run will
require restrictions to achieve upriver
passage and spawning escapement
goals. A run that approximates the preseason forecast will allow fishing to
proceed on a schedule similar to the
pre-season schedule, with some
adjustments made to fishing time based
on in-season data. Adjustments to the
preseason schedule are expected as a
normal function of an abundance-based
management strategy. State and Federal
managers, reviewing and discussing all
available in-season information, will
make these adjustments.
While Federal and State regulations
currently differ for this Subdistrict, the
Board indicated that Federal in-season
management actions regarding fishing
periods were expected to mirror State
actions. The State established a
preseason schedule of allowable fishing
periods based on daily projected sonar
estimates. The preseason schedule was
intended to distribute the harvest
throughout the salmon run and provide
salmon for upriver subsistence fisheries
and the spawning escapement. Data
regarding the salmon return to the
Copper River is now available from
estimates made by the Miles Lake sonar.
Data from the sonar indicate that by
June 9, 2006, there will be sufficient
salmon in the Copper River to allow
fishing time in the Chitina Subdistrict,
provide for the needs of upper Copper
River users, and achieve spawning
escapement objectives. The Board,
acting through the in-season manager,
has delayed the opening of this fishery
until June 9, 2006. Late breakup
conditions delayed salmon migration
into the Copper River by approximately
2 weeks. Shown below are the fishing
schedule openings for the Chitina
Subdistrict of the Copper River:
Friday, June 9, 12:01 p.m.–Sunday, June
11, 8 p.m.
Monday, June 12, 12:01 a.m.–Sunday,
June 18, 11:59 p.m.
Monday, June 19, 12:01 a.m.–Sunday,
June 25, 11:59 p.m.
Monday, June 26, 12:01 a.m.–Sunday,
July 2, 11:59 p.m.
Monday, July 3, 12:01 a.m.–Tuesday,
July 4, 11:59 p.m.
Friday, July 7, 12:01 p.m.–Sunday, July
9, 8 p.m.
Monday, July 17, 12:01 p.m.–Sunday,
July 23, 11:59 p.m.
Monday, July 24, 12:01 a.m.–Saturday,
September 30, 11:59 p.m.
State personal use and Federal
subsistence fisheries in this Subdistrict
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close simultaneously by regulation on
September 30, 2006. No deviation from
this date is anticipated.
Cable Creek
The Federal Steelhead Subsistence
management plan for Cable Creek
requires that in-season action be taken
when the total harvest reaches 5 or more
steelhead. It is estimated that steelhead
harvest from Cable Creek is greater than
11 fish. Immediate action was necessary
to restrict federally and non-federally
qualified users in the Cable Creek
drainage for conservation of the
steelhead resource. The Board, acting
through the in-season manager, has
closed all waters of Cable Creek to
fishing from 12:01 a.m., Thursday, April
13, 2006 through 11:59 p.m., May 31,
2006. Concurrent action was being taken
by ADF&G to close fishing on this
stream to all users.
Conformance With Statutory and
Regulatory Authorities
Administrative Procedure Act
The Board finds that additional public
notice and comment requirements
under the Administrative Procedure Act
(APA) for these adjustments are
impracticable, unnecessary, and
contrary to the public interest. Lack of
appropriate and immediate conservation
measures could seriously affect the
continued viability of fish populations,
could adversely impact future
subsistence opportunities for rural
Alaskans, and would generally fail to
serve the overall public interest.
Therefore, the Board finds good cause
pursuant to 5 U.S.C. 553(b)(3)(B) to
waive additional public notice and
comment procedures prior to
implementation of these actions and
pursuant to 5 U.S.C. 553(d)(3) to make
this rule effective as indicated in the
DATES section.
National Environmental Policy Act
Compliance
A Final Environmental Impact
Statement (FEIS) was published on
February 28, 1992, and a Record of
Decision on Subsistence Management
for Federal Public Lands in Alaska
(ROD) was signed April 6, 1992. The
final rule for Subsistence Management
Regulations for Public Lands in Alaska,
Subparts A, B, and C (57 FR 22940,
published May 29, 1992), implemented
the Federal Subsistence Management
Program and included a framework for
an annual cycle for subsistence hunting
and fishing regulations. A final rule that
redefined the jurisdiction of the Federal
Subsistence Management Program to
include waters subject to the
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Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Rules and Regulations
subsistence priority was published on
January 8, 1999 (64 FR 1276.)
Section 810 of ANILCA
The intent of all Federal subsistence
regulations is to accord subsistence uses
of fish and wildlife on public lands a
priority over the taking of fish and
wildlife on such lands for other
purposes, unless restriction is necessary
to conserve healthy fish and wildlife
populations. A Section 810 analysis was
completed as part of the FEIS process.
The final Section 810 analysis
determination appeared in the April 6,
1992, ROD, which concluded that the
Federal Subsistence Management
Program, under Alternative IV with an
annual process for setting hunting and
fishing regulations, may have some local
impacts on subsistence uses, but the
program is not likely to significantly
restrict subsistence uses.
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Paperwork Reduction Act
The adjustment and emergency
closures do not contain information
collection requirements subject to Office
of Management and Budget (OMB)
approval under the Paperwork
Reduction Act of 1995.
Other Requirements
The adjustments have been exempted
from OMB review under Executive
Order 12866.
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
preparation of flexibility analyses for
rules that will have a significant effect
on a substantial number of small
entities, which include small
businesses, organizations, or
governmental jurisdictions. The exact
number of businesses and the amount of
trade that will result from this Federal
land-related activity is unknown. The
aggregate effect is an insignificant
economic effect (both positive and
negative) on a small number of small
entities supporting subsistence
activities, such as boat, fishing gear, and
gasoline dealers. The number of small
entities affected is unknown; however,
the effects will be seasonally and
geographically limited in nature and
will likely not be significant. The
Departments certify that the adjustments
will not have a significant economic
effect on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act. Under the
Small Business Regulatory Enforcement
Fairness Act (5 U.S.C. 801 et seq.), this
rule is not a major rule. It does not have
an effect on the economy of $100
million or more, will not cause a major
increase in costs or prices for
consumers, and does not have
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16:35 Jun 20, 2006
Jkt 208001
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
preference on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, the
adjustments have no potential takings of
private property implications as defined
by Executive Order 12630.
The Service has determined and
certifies under the Unfunded Mandates
Reform Act, 2 U.S.C. 1502 et seq., that
the adjustments will not impose a cost
of $100 million or more in any given
year on local or State governments or
private entities. The implementation is
by Federal agencies, and no cost is
involved to any State or local entities or
tribal governments.
The Service has determined that the
adjustments meet the applicable
standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988,
regarding civil justice reform.
In accordance with Executive Order
13132, the adjustments do not have
sufficient federalism implications to
warrant the preparation of a federalism
assessment. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on federal
lands. Cooperative salmon run
assessment efforts with ADF&G will
continue.
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and 512 DM 2, we have
evaluated possible effects on federally
recognized Indian tribes and have
determined that there are no effects. The
Bureau of Indian Affairs is a
participating agency in this rulemaking.
On May 18, 2001, the President issued
Executive Order 13211 on regulations
that significantly affect energy supply,
distribution, or use. This Executive
Order requires agencies to prepare
Statements of Energy Effects when
undertaking certain actions. As these
actions are not expected to significantly
affect energy supply, distribution, or
use, they are not significant energy
actions and no Statement of Energy
Effects is required.
Drafting Information
Bill Knauer drafted this document
under the guidance of Peter J. Probasco,
of the Office of Subsistence
Management, Alaska Regional Office,
U.S. Fish and Wildlife Service,
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35543
Anchorage, Alaska. Stacie Mcintosh,
Alaska State Office, Bureau of Land
Management; Jerry Berg, Alaska
Regional Office, U.S. Fish and Wildlife
Service; Nancy Swanton, Alaska
Regional Office, National Park Service;
Dr. Glenn Chen, Alaska Regional Office,
Bureau of Indian Affairs; and Steve
Kessler, USDA—Forest Service,
provided additional guidance.
Authority: 16 U.S.C. 3, 472, 551, 668dd,
3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
1733.
Dated: June 7, 2006.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: June 7, 2006.
Steve Kessler,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. 06–5499 Filed 6–20–06; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 150, 152, 154, 158, 159,
168, 170, 172, 174, 178, and 180
[EPA–HQ–OPP–2006–0403; FRL–8070–7]
Technical Amendments; Change of
Address for the Office of Pesticide
Programs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA’s Office of Pesticide
Programs (OPP) has relocated to new
offices in Arlington, VA. OPP’s official
mailing address has not changed;
however, the courier and in-person
delivery address, the docket address,
and the internal mail codes used by OPP
have changed. EPA is revising
references throughout its pesticide
regulations to reflect these address
changes.
This final rule is effective on
June 21, 2006.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0403. All documents in the
docket are listed in the regulations.gov
website. Although listed in the index,
some information is not publicly
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whose disclosure is restricted by statute.
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Publicly available docket materials are
DATES:
E:\FR\FM\21JNR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Rules and Regulations]
[Pages 35541-35543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5499]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
Subsistence Management Regulations for Public Lands in Alaska,
Subpart D; Seasonal Adjustments--Copper River and Cable Creek
AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Seasonal adjustments.
-----------------------------------------------------------------------
SUMMARY: This provides notice of the Federal Subsistence Board's in-
season management actions to protect Chinook and sockeye salmon
escapement in the Copper River, while still providing for a subsistence
harvest opportunity, and to protect steelhead in Cable Creek and its
tributaries. The revised fishing schedule for the Chitina Subdistrict
of the Copper River and the closure of the Cable Creek area provide an
exception to the Subsistence Management Regulations for Public Lands in
Alaska, published in the Federal Register on March 29, 2006. Those
regulations established seasons, harvest limits, methods, and means
relating to the taking of fish and shellfish for subsistence uses
during the 2006 regulatory year.
DATES: The latest fishing schedule for the Chitina Subdistrict of the
Upper Copper River District is effective June 1, 2006, through July 31,
2006. The closure of Cable Creek and its tributaries is effective April
13, 2006, through May 31, 2006.
FOR FURTHER INFORMATION CONTACT: Peter J. Probasco, Office of
Subsistence Management, U.S. Fish and Wildlife Service, telephone (907)
786-3888. For questions specific to National Forest System lands,
contact Steve Kessler, Subsistence Program Manager, USDA--Forest
Service, Alaska Region, telephone (907) 786-3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands in Alaska, unless the State of
Alaska enacts and implements laws of general applicability that are
consistent with ANILCA and that provide for the subsistence definition,
preference, and participation specified in Sections 803, 804, and 805
of ANILCA. In December 1989, the Alaska Supreme Court ruled that the
rural preference in the State subsistence statute violated the Alaska
Constitution and, therefore, negated State compliance with ANILCA.
The Department of the Interior and the Department of Agriculture
(Departments) assumed, on July 1, 1990, responsibility for
implementation of Title VIII of ANILCA on public lands. The Departments
administer Title VIII through regulations at Title 50, Part 100 and
Title 36, Part 242 of the Code of Federal Regulations (CFR). Consistent
with Subparts A, B, and C of these
[[Page 35542]]
regulations, as revised January 8, 1999 (64 FR 1276), the Departments
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board's composition includes a
Chair appointed by the Secretary of the Interior with concurrence of
the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish
and Wildlife Service; the Alaska Regional Director, National Park
Service; the Alaska State Director, Bureau of Land Management; the
Alaska Regional Director, Bureau of Indian Affairs; and the Alaska
Regional Forester, USDA Forest Service. Through the Board, these
agencies participate in the development of regulations for Subparts A,
B, and C, which establish the program structure and determine which
Alaska residents are eligible to take specific species for subsistence
uses, and the annual Subpart D regulations, which establish seasons,
harvest limits, and methods and means for subsistence take of species
in specific areas. Subpart D regulations for the 2006 fishing seasons,
harvest limits, and methods and means were published on March 29, 2006
(71 FR 15569). Because this action relates to public lands managed by
an agency or agencies in both the Departments of Agriculture and the
Interior, identical closures and adjustments would apply to 36 CFR part
242 and 50 CFR part 100.
The Alaska Department of Fish and Game (ADF&G), under the direction
of the Alaska Board of Fisheries (BOF), manages sport, commercial,
personal use, and State subsistence harvest on all lands and waters
throughout Alaska. However, on Federal lands and waters, the Federal
Subsistence Board implements a subsistence priority for rural residents
as provided by Title VIII of ANILCA. In providing this priority, the
Board may, when necessary, preempt State harvest regulations for fish
or wildlife on Federal lands and waters.
Current Management Actions
These actions are authorized and in accordance with 50 CFR
100.19(d-e) and 36 CFR 242.19(d-e).
Copper River--Chitina Subdistrict
In December 2001, the Board adopted regulatory proposals
establishing a new Federal subsistence fishery in the Chitina
Subdistrict of the Copper River. This fishery is open to federally
qualified users having customary and traditional use of salmon in this
Subdistrict. The State conducts a personal use fishery in this
Subdistrict that is open to all Alaska residents.
Management of the fishery is based on the numbers of salmon
returning to the Copper River. A larger than predicted salmon run will
allow additional fishing time. A smaller than predicted run will
require restrictions to achieve upriver passage and spawning escapement
goals. A run that approximates the pre-season forecast will allow
fishing to proceed on a schedule similar to the pre-season schedule,
with some adjustments made to fishing time based on in-season data.
Adjustments to the preseason schedule are expected as a normal function
of an abundance-based management strategy. State and Federal managers,
reviewing and discussing all available in-season information, will make
these adjustments.
While Federal and State regulations currently differ for this
Subdistrict, the Board indicated that Federal in-season management
actions regarding fishing periods were expected to mirror State
actions. The State established a preseason schedule of allowable
fishing periods based on daily projected sonar estimates. The preseason
schedule was intended to distribute the harvest throughout the salmon
run and provide salmon for upriver subsistence fisheries and the
spawning escapement. Data regarding the salmon return to the Copper
River is now available from estimates made by the Miles Lake sonar.
Data from the sonar indicate that by June 9, 2006, there will be
sufficient salmon in the Copper River to allow fishing time in the
Chitina Subdistrict, provide for the needs of upper Copper River users,
and achieve spawning escapement objectives. The Board, acting through
the in-season manager, has delayed the opening of this fishery until
June 9, 2006. Late breakup conditions delayed salmon migration into the
Copper River by approximately 2 weeks. Shown below are the fishing
schedule openings for the Chitina Subdistrict of the Copper River:
Friday, June 9, 12:01 p.m.-Sunday, June 11, 8 p.m.
Monday, June 12, 12:01 a.m.-Sunday, June 18, 11:59 p.m.
Monday, June 19, 12:01 a.m.-Sunday, June 25, 11:59 p.m.
Monday, June 26, 12:01 a.m.-Sunday, July 2, 11:59 p.m.
Monday, July 3, 12:01 a.m.-Tuesday, July 4, 11:59 p.m.
Friday, July 7, 12:01 p.m.-Sunday, July 9, 8 p.m.
Monday, July 17, 12:01 p.m.-Sunday, July 23, 11:59 p.m.
Monday, July 24, 12:01 a.m.-Saturday, September 30, 11:59 p.m.
State personal use and Federal subsistence fisheries in this
Subdistrict close simultaneously by regulation on September 30, 2006.
No deviation from this date is anticipated.
Cable Creek
The Federal Steelhead Subsistence management plan for Cable Creek
requires that in-season action be taken when the total harvest reaches
5 or more steelhead. It is estimated that steelhead harvest from Cable
Creek is greater than 11 fish. Immediate action was necessary to
restrict federally and non-federally qualified users in the Cable Creek
drainage for conservation of the steelhead resource. The Board, acting
through the in-season manager, has closed all waters of Cable Creek to
fishing from 12:01 a.m., Thursday, April 13, 2006 through 11:59 p.m.,
May 31, 2006. Concurrent action was being taken by ADF&G to close
fishing on this stream to all users.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act
The Board finds that additional public notice and comment
requirements under the Administrative Procedure Act (APA) for these
adjustments are impracticable, unnecessary, and contrary to the public
interest. Lack of appropriate and immediate conservation measures could
seriously affect the continued viability of fish populations, could
adversely impact future subsistence opportunities for rural Alaskans,
and would generally fail to serve the overall public interest.
Therefore, the Board finds good cause pursuant to 5 U.S.C. 553(b)(3)(B)
to waive additional public notice and comment procedures prior to
implementation of these actions and pursuant to 5 U.S.C. 553(d)(3) to
make this rule effective as indicated in the DATES section.
National Environmental Policy Act Compliance
A Final Environmental Impact Statement (FEIS) was published on
February 28, 1992, and a Record of Decision on Subsistence Management
for Federal Public Lands in Alaska (ROD) was signed April 6, 1992. The
final rule for Subsistence Management Regulations for Public Lands in
Alaska, Subparts A, B, and C (57 FR 22940, published May 29, 1992),
implemented the Federal Subsistence Management Program and included a
framework for an annual cycle for subsistence hunting and fishing
regulations. A final rule that redefined the jurisdiction of the
Federal Subsistence Management Program to include waters subject to the
[[Page 35543]]
subsistence priority was published on January 8, 1999 (64 FR 1276.)
Section 810 of ANILCA
The intent of all Federal subsistence regulations is to accord
subsistence uses of fish and wildlife on public lands a priority over
the taking of fish and wildlife on such lands for other purposes,
unless restriction is necessary to conserve healthy fish and wildlife
populations. A Section 810 analysis was completed as part of the FEIS
process. The final Section 810 analysis determination appeared in the
April 6, 1992, ROD, which concluded that the Federal Subsistence
Management Program, under Alternative IV with an annual process for
setting hunting and fishing regulations, may have some local impacts on
subsistence uses, but the program is not likely to significantly
restrict subsistence uses.
Paperwork Reduction Act
The adjustment and emergency closures do not contain information
collection requirements subject to Office of Management and Budget
(OMB) approval under the Paperwork Reduction Act of 1995.
Other Requirements
The adjustments have been exempted from OMB review under Executive
Order 12866.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
The exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant economic effect (both positive and negative)
on a small number of small entities supporting subsistence activities,
such as boat, fishing gear, and gasoline dealers. The number of small
entities affected is unknown; however, the effects will be seasonally
and geographically limited in nature and will likely not be
significant. The Departments certify that the adjustments will not have
a significant economic effect on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act. Under the Small
Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.),
this rule is not a major rule. It does not have an effect on the
economy of $100 million or more, will not cause a major increase in
costs or prices for consumers, and does not have significant adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of U.S.-based enterprises to compete with
foreign-based enterprises.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence preference on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, the
adjustments have no potential takings of private property implications
as defined by Executive Order 12630.
The Service has determined and certifies under the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that the adjustments will
not impose a cost of $100 million or more in any given year on local or
State governments or private entities. The implementation is by Federal
agencies, and no cost is involved to any State or local entities or
tribal governments.
The Service has determined that the adjustments meet the applicable
standards provided in Sections 3(a) and 3(b)(2) of Executive Order
12988, regarding civil justice reform.
In accordance with Executive Order 13132, the adjustments do not
have sufficient federalism implications to warrant the preparation of a
federalism assessment. Title VIII of ANILCA precludes the State from
exercising subsistence management authority over fish and wildlife
resources on federal lands. Cooperative salmon run assessment efforts
with ADF&G will continue.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated possible effects on federally recognized Indian tribes
and have determined that there are no effects. The Bureau of Indian
Affairs is a participating agency in this rulemaking.
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As these actions are
not expected to significantly affect energy supply, distribution, or
use, they are not significant energy actions and no Statement of Energy
Effects is required.
Drafting Information
Bill Knauer drafted this document under the guidance of Peter J.
Probasco, of the Office of Subsistence Management, Alaska Regional
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Stacie
Mcintosh, Alaska State Office, Bureau of Land Management; Jerry Berg,
Alaska Regional Office, U.S. Fish and Wildlife Service; Nancy Swanton,
Alaska Regional Office, National Park Service; Dr. Glenn Chen, Alaska
Regional Office, Bureau of Indian Affairs; and Steve Kessler, USDA--
Forest Service, provided additional guidance.
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Dated: June 7, 2006.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: June 7, 2006.
Steve Kessler,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 06-5499 Filed 6-20-06; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
