Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments-Copper, Unalakleet, and Yukon Rivers, 43368-43370 [E6-12300]
Download as PDF
<![CDATA[
43368
Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Rules and Regulations
This deviation is effective from
July 22, 2006 through September 18,
2006.
DEPARTMENT OF AGRICULTURE
Materials referred to in this
document are available for inspection or
copying at the First Coast Guard
District, Bridge Branch Office, One
South Street, New York, New York,
10004, between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is (212)
668–7165. The First Coast Guard
District Bridge Branch Office maintains
the public docket for this temporary
deviation.
36 CFR Part 242
DATES:
ADDRESSES:
Joe
Arca, Project Officer, First Coast Guard
District, at (212) 668–7165.
FOR FURTHER INFORMATION CONTACT:
The Path
Bridge, across the Hackensack River,
mile 3.0, at Jersey City, New Jersey, has
a vertical clearance in the closed
position of 40 feet at mean high water
and 45 feet at mean low water. The
existing regulation is listed at 33 CFR
117.723(a)(5).
The owner of the bridge, Port
Authority of New York and New Jersey,
requested a temporary deviation to
facilitate scheduled structural bridge
repairs, miter rail replacement. In order
to perform the above repairs the bridge
must remain in the closed position and
the work performed on Saturdays and
Sundays when the rail traffic is less
frequent.
Under this temporary deviation the
Path Bridge across the Hackensack
River, mile 3.0, at Jersey City, New
Jersey, shall remain in the closed
position on every Saturday and Sunday
from July 22, 2006 through September
18, 2006.
Vessels that can pass under the draw
without a bridge opening may do so at
all times.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
speed in order to return the bridge to
normal operation as soon as possible.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
hsrobinson on PROD1PC70 with RULES
SUPPLEMENTARY INFORMATION:
Dated: July 20, 2006.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E6–12279 Filed 7–31–06; 8:45 am]
BILLING CODE 4910–15–P
VerDate Aug<31>2005
15:04 Jul 31, 2006
Jkt 208001
Forest Service
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,
Unalakleet, and Yukon Rivers
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
salmon escapement in the Unalakleet
River, and to provide additional
subsistence harvest opportunities for
Chinook salmon in the Yukon River and
for sockeye salmon in the Copper River.
The revised fishing schedule for the
Chitina Subdistrict of the Copper River,
the additional fishing time on the
Yukon River, and the closure of the
Unalakleet River provide exceptions 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 July
11, 2006, through September 1, 2006.
The closure of the Unalakleet River is
effective July 10, 2006, through August
1, 2006. Drift gillnet fishing in
Subdistricts 4B and 4C of the Yukon
River is effective from noon, July 13,
2006, to midnight, July 14, 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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
and the Secretary of Agriculture
(Secretaries) implement a joint program
to grant a preference for subsistence
uses of fish and wildlife resources on
public lands in Alaska, unless the State
of Alaska enacts and implements laws
of general applicability that are
consistent with ANILCA and that
provide for the subsistence definition,
preference, and participation specified
in Sections 803, 804, and 805 of
ANILCA. In December 1989, the Alaska
Supreme Court ruled that the rural
preference in the State subsistence
statute violated the Alaska Constitution
and, therefore, negated State compliance
with ANILCA.
The Department of the Interior and
the Department of Agriculture
(Departments) assumed, on July 1, 1990,
responsibility for implementation of
Title VIII of ANILCA on public lands.
The Departments administer Title VIII
through regulations at Title 50, Part 100
and Title 36, Part 242 of the Code of
Federal Regulations (CFR). Consistent
with Subparts A, B, and C of these
regulations, as revised January 8, 1999
(64 FR 1276), the Departments
established a Federal Subsistence Board
to administer the Federal Subsistence
Management Program. The Board’s
composition includes a Chair appointed
by the Secretary of the Interior with
concurrence of the Secretary of
Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service;
the Alaska Regional Director, National
Park Service; the Alaska State Director,
Bureau of Land Management; the Alaska
Regional Director, Bureau of Indian
Affairs; and the Alaska Regional
Forester, USDA Forest Service. Through
the Board, these agencies participate in
the development of regulations for
Subparts A, B, and C, which establish
the program structure and determine
which Alaska residents are eligible to
take specific species for subsistence
uses, and the annual Subpart D
regulations, which establish seasons,
harvest limits, and methods and means
for subsistence take of species in
specific areas. Subpart D regulations for
the 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.
E:\FR\FM\01AUR1.SGM
01AUR1
Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Rules and Regulations
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.
hsrobinson on PROD1PC70 with RULES
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 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.
This action extends the open periods
for the taking of salmon in the Chitina
Subdistrict of the Copper River. During
June 26–July 9, there were 131,592
salmon counted past the Miles Lake
sonar. The preseason projection for this
period was 104,277 salmon, which
results in 27,315 more salmon than
projected. Copper River sockeye salmon
migratory timing and the previous 5year average harvest and participation
VerDate Aug<31>2005
15:04 Jul 31, 2006
Jkt 208001
rates indicate sufficient numbers of
salmon available to allow additional
fishing time. Shown below are the
fishing schedule openings for the
Chitina Subdistrict of the Copper River:
Monday, July 3, 12:01 a.m.–Sunday,
July 9, 11:59 p.m.
Monday, July 10, 12:01 a.m.–Sunday,
July 16, 11:59 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.
Depending on actual numbers of
salmon passing the Miles Lake sonar,
future openings may be increased or
decreased, accordingly. State personal
use and Federal subsistence fisheries in
this Subdistrict close simultaneously by
regulation on September 30, 2006. No
deviation from this date is currently
anticipated.
Unalakleet River
This seasonal adjustment closes the
Federal waters of the Unalakleet River
to the taking of Chinook salmon for a
specified time period as identified
below, and prohibits the use of all
subsistence fishing methods except for
beach seining. The total returns of
Chinook salmon in eastern Norton
Sound are very low, and returns have
dropped off markedly rather than
building. The escapement goal for
Chinook salmon passing the North River
tower project is 1,200–2,600 Chinook
salmon with the midpoint of the run
coming about July 10. As of July 10,
2006, only 350 Chinook salmon have
been counted at the North River tower.
The escapement goal for Chinook
salmon has not been met at North River
for the last 2 years, and there were at
least 200 more Chinook salmon past the
tower by July 7 in those previous years.
The Board, acting through the inseason manager, has therefore closed all
waters of the Unalakleet River to the
taking of Chinook salmon from 8 p.m.,
Monday, July 10, 2006 through 12:01
a.m., August 1, 2006, and prohibited the
use of all subsistence fishing methods
except for beach seining. Concurrent
action was being taken by ADF&G to
prohibit harvest of Chinook salmon by
all other all users. Very strong runs of
pink and chum salmon will greatly help
to offset the subsistence restriction that
prohibits the retention of Chinook
salmon. This action will still allow
beach seining, which is a favored
method of harvesting pink salmon,
while closing subsistence harvest
methods most likely to cause Chinook
salmon mortality. The action will be
lifted when coho salmon reach Federal
waters and the Chinook salmon harvest
is no longer a concern.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
43369
Yukon River
The 2006 Yukon River Chinook
salmon return appears to be less than
average but somewhat better than the
2005 return. All indexes project that the
Chinook salmon escapement into the
Alaska portion of the Yukon River
drainage should be met and that
sufficient fish should be available for
subsistence fishing opportunities. It is
also projected that the passage across
the border into Canada will provide for
a normal Canadian aboriginal harvest as
well as the interim escapement goal of
28,000 salmon.
During the Yukon River Drainage
Fisheries Association weekly
teleconference on July 4, 2006, State and
Federal management staff heard from
users that poor weather (rain and wind),
high water, and high gas prices were
limiting fishing opportunities. These
conditions combined with the late run
timing (approximately 5 days),
compressed entry pattern, and only
three pulse groups of fish are
heightening upriver fishers’ concern for
their ability to meet their harvest goals
this year. In response to these concerns,
both ADF&G and FWS managers agreed
jointly to liberalize the District 4
subsistence fishing schedule.
The Federal Subsistence Board
adopted the expansion of the
subsistence drift gillnet Chinook salmon
fishery in the middle Yukon River to
help reduce overcrowding in the river
and help rural residents meet their
subsistence goals in a more efficient
manner. Extending the normal weekly
18-hour period to 36 hours, preceding
the normal calendar date closing of July
14, is warranted due to the fishing
conditions this year and is consistent
with the initial regulatory intent of the
Board. This action was discussed with
the State managers prior to
implementation.
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
E:\FR\FM\01AUR1.SGM
01AUR1
43370
Federal Register / Vol. 71, No. 147 / Tuesday, August 1, 2006 / Rules and Regulations
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
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.
hsrobinson on PROD1PC70 with RULES
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 (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.
VerDate Aug<31>2005
15:04 Jul 31, 2006
Jkt 208001
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.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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. Chuck Ardizzone,
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: July 17, 2006.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: July 20, 2006.
Steve Kessler,
Subsistence Program Leader, USDA—Forest
Service.
[FR Doc. E6–12300 Filed 7–31–06; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
E:\FR\FM\01AUR1.SGM
01AUR1
]]>Agencies
[Federal Register Volume 71, Number 147 (Tuesday, August 1, 2006)]
[Rules and Regulations]
[Pages 43368-43370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12300]
=======================================================================
-----------------------------------------------------------------------
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, Unalakleet, and Yukon Rivers
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 salmon escapement in the
Unalakleet River, and to provide additional subsistence harvest
opportunities for Chinook salmon in the Yukon River and for sockeye
salmon in the Copper River. The revised fishing schedule for the
Chitina Subdistrict of the Copper River, the additional fishing time on
the Yukon River, and the closure of the Unalakleet River provide
exceptions 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 July 11, 2006, through
September 1, 2006. The closure of the Unalakleet River is effective
July 10, 2006, through August 1, 2006. Drift gillnet fishing in
Subdistricts 4B and 4C of the Yukon River is effective from noon, July
13, 2006, to midnight, July 14, 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 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.
[[Page 43369]]
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.
This action extends the open periods for the taking of salmon in
the Chitina Subdistrict of the Copper River. During June 26-July 9,
there were 131,592 salmon counted past the Miles Lake sonar. The
preseason projection for this period was 104,277 salmon, which results
in 27,315 more salmon than projected. Copper River sockeye salmon
migratory timing and the previous 5-year average harvest and
participation rates indicate sufficient numbers of salmon available to
allow additional fishing time. Shown below are the fishing schedule
openings for the Chitina Subdistrict of the Copper River:
Monday, July 3, 12:01 a.m.-Sunday, July 9, 11:59 p.m.
Monday, July 10, 12:01 a.m.-Sunday, July 16, 11:59 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.
Depending on actual numbers of salmon passing the Miles Lake sonar,
future openings may be increased or decreased, accordingly. State
personal use and Federal subsistence fisheries in this Subdistrict
close simultaneously by regulation on September 30, 2006. No deviation
from this date is currently anticipated.
Unalakleet River
This seasonal adjustment closes the Federal waters of the
Unalakleet River to the taking of Chinook salmon for a specified time
period as identified below, and prohibits the use of all subsistence
fishing methods except for beach seining. The total returns of Chinook
salmon in eastern Norton Sound are very low, and returns have dropped
off markedly rather than building. The escapement goal for Chinook
salmon passing the North River tower project is 1,200-2,600 Chinook
salmon with the midpoint of the run coming about July 10. As of July
10, 2006, only 350 Chinook salmon have been counted at the North River
tower. The escapement goal for Chinook salmon has not been met at North
River for the last 2 years, and there were at least 200 more Chinook
salmon past the tower by July 7 in those previous years.
The Board, acting through the in-season manager, has therefore
closed all waters of the Unalakleet River to the taking of Chinook
salmon from 8 p.m., Monday, July 10, 2006 through 12:01 a.m., August 1,
2006, and prohibited the use of all subsistence fishing methods except
for beach seining. Concurrent action was being taken by ADF&G to
prohibit harvest of Chinook salmon by all other all users. Very strong
runs of pink and chum salmon will greatly help to offset the
subsistence restriction that prohibits the retention of Chinook salmon.
This action will still allow beach seining, which is a favored method
of harvesting pink salmon, while closing subsistence harvest methods
most likely to cause Chinook salmon mortality. The action will be
lifted when coho salmon reach Federal waters and the Chinook salmon
harvest is no longer a concern.
Yukon River
The 2006 Yukon River Chinook salmon return appears to be less than
average but somewhat better than the 2005 return. All indexes project
that the Chinook salmon escapement into the Alaska portion of the Yukon
River drainage should be met and that sufficient fish should be
available for subsistence fishing opportunities. It is also projected
that the passage across the border into Canada will provide for a
normal Canadian aboriginal harvest as well as the interim escapement
goal of 28,000 salmon.
During the Yukon River Drainage Fisheries Association weekly
teleconference on July 4, 2006, State and Federal management staff
heard from users that poor weather (rain and wind), high water, and
high gas prices were limiting fishing opportunities. These conditions
combined with the late run timing (approximately 5 days), compressed
entry pattern, and only three pulse groups of fish are heightening
upriver fishers' concern for their ability to meet their harvest goals
this year. In response to these concerns, both ADF&G and FWS managers
agreed jointly to liberalize the District 4 subsistence fishing
schedule.
The Federal Subsistence Board adopted the expansion of the
subsistence drift gillnet Chinook salmon fishery in the middle Yukon
River to help reduce overcrowding in the river and help rural residents
meet their subsistence goals in a more efficient manner. Extending the
normal weekly 18-hour period to 36 hours, preceding the normal calendar
date closing of July 14, is warranted due to the fishing conditions
this year and is consistent with the initial regulatory intent of the
Board. This action was discussed with the State managers prior to
implementation.
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
[[Page 43370]]
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
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 (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.
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. Chuck
Ardizzone, 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: July 17, 2006.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: July 20, 2006.
Steve Kessler,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. E6-12300 Filed 7-31-06; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
