Subsistence Management Regulations for Public Lands in Alaska-Applicability and Scope; Tongass National Forest Submerged Lands, 23813-23819 [2018-10938]
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations
Anchorage, AK 99503, or on the Office
of Subsistence Management website
(https://www.doi.gov/subsistence).
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Eugene R. Peltola, Jr., Office
of Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Thomas Whitford,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461 or twhitford@fs.fed.us.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[Docket No. FWS–R7–SM–2015–0159;
FXFR13350700640–167–FF07J00000;
FBMS#4500096963]
RIN 1018–BB22
Subsistence Management Regulations
for Public Lands in Alaska—
Applicability and Scope; Tongass
National Forest Submerged Lands
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Final rule.
AGENCY:
The U.S. District Court for
Alaska in its October 17, 2011, order in
Peratrovich et al. v. United States and
the State of Alaska, 3:92–cv–0734–HRH
(D. Alaska), enjoined the United States
‘‘to promptly initiate regulatory
proceedings for the purpose of
implementing the subsistence
provisions in Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) with respect to
submerged public lands within Tongass
National Forest’’ and directed entry of
judgment. To comply with the order, the
Federal Subsistence Board (Board)
initiated a regulatory proceeding to
identify those submerged lands within
the Tongass National Forest that did not
pass to the State of Alaska at statehood
and, therefore, remain Federal public
lands subject to the subsistence
provisions of ANILCA. Following the
Court’s decision, the Bureau of Land
Management (BLM) and the USDA–
Forest Service (USDA–FS) started a
review of hundreds of potential prestatehood (January 3, 1959) withdrawals
in the marine waters of the Tongass
National Forest. In April and October of
2015, BLM submitted initial lists of
submerged public lands to the Board.
This rule adds those submerged parcels
to the subsistence regulations to ensure
compliance with the Court order.
Additional listings will be published as
BLM and the USDA–FS continue their
review of pre-statehood withdrawals.
DATES: This rule is effective June 22,
2018.
ADDRESSES: The Board meeting
transcripts are available for review at
the Office of Subsistence Management,
1011 East Tudor Road, Mail Stop 121,
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SUMMARY:
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Background
Under Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111–3126),
the Secretary of the Interior and the
Secretary of Agriculture (Secretaries)
jointly implement the Federal
Subsistence Management Program. This
program provides a preference for take
of fish and wildlife resources for
subsistence uses on Federal public
lands and waters in Alaska. The
Secretaries published temporary
regulations to carry out this program in
the Federal Register on June 29, 1990
(55 FR 27114), and published final
regulations in the Federal Register on
May 29, 1992 (57 FR 22940). The
Program has subsequently amended
these regulations a number of times.
Because this program is a joint effort
between Interior and Agriculture, these
regulations are located in two titles of
the Code of Federal Regulations (CFR):
Title 36, ‘‘Parks, Forests, and Public
Property,’’ and Title 50, ‘‘Wildlife and
Fisheries,’’ at 36 CFR 242.1–242.28 and
50 CFR 100.1–100.28, respectively. The
regulations contain subparts as follows:
Subpart A, General Provisions; Subpart
B, Program Structure; Subpart C, Board
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these
regulations, the Secretaries established a
Federal Subsistence Board to administer
the Federal Subsistence Management
Program. The Board comprises:
• 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;
• The Alaska Regional Forester,
USDA Forest Service; and
• Two public members appointed by
the Secretary of the Interior with
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concurrence of the Secretary of
Agriculture.
Through the Board, these agencies
participate in the development of
regulations for subparts C and D, which,
among other things, set forth program
eligibility and specific harvest seasons
and limits.
In administering the program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Federal
Subsistence Regional Advisory Council
(Council). The 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
Federal public lands in Alaska. The
Council members represent varied
geographical, cultural, and user interests
within each region.
Jurisdictional Background and
Perspective
The Peratrovich case dates back to
1992 and has a long and involved
procedural history. The plaintiffs in that
litigation raised the question of which
marine waters in the Tongass National
Forest, if any, are subject to the
jurisdiction of the Federal Subsistence
Management Program. In its May 31,
2011, order, the U.S. District Court for
Alaska (Court) stated that ‘‘it is the duty
of the Secretaries [Agriculture &
Interior] to identify any submerged
lands (and the marine waters overlying
them) within the Tongass National
Forest to which the United States holds
title.’’ It also stated that, if such title
exists, it ‘‘creates an interest in [the
overlying] waters sufficient to make
those marine waters public lands for
purposes of [the subsistence provisions]
of ANILCA.’’
Most of the marine waters within the
Tongass National Forest were not
initially identified in the regulations as
public lands subject to the subsistence
priority based upon a determination that
the submerged lands were State lands,
and later through reliance upon a
disclaimer of interest filed by the United
States in Alaska v. United States, No.
128 Orig., 546 U.S. 413 (2006). In that
case, the State of Alaska had sought to
quiet title to all lands underlying marine
waters in southeast Alaska, which
includes most of the Tongass National
Forest. Ultimately, the United States
disclaimed ownership to most of the
submerged lands in the Tongass
National Forest. The Supreme Court
accepted the disclaimer by the United
States to title to the marine waters
within the Tongass National Forest,
excepting from that disclaimer several
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classes of submerged public lands that
generally involve small tracts. Alaska v.
United States, 546 U.S. at 415.
When the United States took over the
subsistence program in Alaska in 1990,
the Departments of the Interior and
Agriculture stated in response to
comments on the scope of the program
during promulgation of the interim
regulations that ‘‘the United States
generally does not hold title to
navigable waters and thus navigable
waters generally are not included within
the definition of public lands’’ (55 FR
27115; June 29, 1990). That position was
changed in 1999 when the subsistence
priority was extended to waters subject
to a Federal reserved water right
following the Katie John litigation. The
Board identified certain submerged
marine lands that did not pass to the
State and, therefore, where the
subsistence priority applied. However,
the Board did not attempt to identify
each and every small parcel of
submerged public lands and thereby
marine water possibly subject to the
Federal Subsistence Management
Program because of the potentially
overwhelming administrative burden.
Instead the Board invited the public to
petition to have submerged marine
lands included. Over the years, several
small areas of submerged marine lands
in the Tongass National Forest have
been identified as public lands subject
to the subsistence priority.
In its May 31, 2011, order, the Court
stated that the petition process was not
sufficient and found that ‘‘concerns
about costs and management problems
simply cannot trump the congressional
policy that the subsistence lifestyle of
rural Alaskans be preserved as to public
lands.’’ The Court acknowledged in its
order that inventorying all these lands
could be an expensive undertaking, but
that it is a burden ‘‘necessitated by the
‘complicated regulatory scheme’ which
has resulted from the inability of the
State of Alaska to implement Title VIII
of ANILCA.’’ The Court then ‘‘enjoined’’
the United States ‘‘to promptly initiate
regulatory proceedings for the purpose
of implementing the subsistence
provisions in Title VIII of ANILCA with
respect to submerged public lands
within Tongass National Forest’’ and
directed entry of judgment.
The BLM and USDA–FS started a
time- and resource-consuming review of
hundreds of potential pre-statehood
(January 3, 1959) withdrawals in the
marine waters of the Tongass National
Forest. Both agencies are reviewing their
records to identify dock sites, log
transfer sites, and other areas that may
not have passed to the State at
statehood. The review process is
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ongoing and expected to take quite some
time.
Current Rule
The Departments published a
proposed rule on June 8, 2016 (81 FR
36836), to amend the applicability and
scope section of subpart A of 36 CFR
part 242 and 50 CFR part 100. The
proposed rule opened a comment
period, which closed on August 8, 2016,
and also announced public meetings to
be held in several different locations
throughout the state between September
28 and November 2, 2016. The
Departments advertised the proposed
rule by mail, email, web page, social
media, radio, and newspaper, and
comments were submitted via
www.regulations.gov to Docket No.
FWS–R7–SM–2015–0159. During that
period, the Councils met and, in
addition to other Council business,
received comments from the public and
developed recommendations to the
Board. The Councils had an opportunity
to review the proposed rule and make
recommendations for the final rule as
described in more detail below.
The Board met via a public
teleconference on May 25, 2017. All
briefings and documents presented to
the Board were available to the public
on the Program’s web page and was
advertised by mail, email, web page,
social media, radio, and newspaper.
After a briefing and deliberation the
Board decided on the following
recommendation to the Secretaries:
‘‘The Federal Subsistence Board
recommends to the Secretaries that the
lands listed in the proposed rule of June
8, 2016 (81 FR 36836) be included in the
Subsistence Management Regulations
for Public Lands in Alaska (36 CFR 242
and 50 CFR 100) for the purpose of
implementing the subsistence
provisions in Title VIII of the Alaska
National Interest Lands Conservation
Act.’’
These final regulations reflect the
Board’s recommendation to the
Secretaries after review and
consideration of Council
recommendations, Tribal and Alaska
Native corporation consultations, and
public comments. The public received
extensive opportunity to review and
comment on all changes.
Summary of Comments Received and
Responses
The Board received one public
comment from the State of Alaska. They
did not object to the new listings,
however they did claim ownership over
the Makhnati Island submerged lands.
We conferred with the Bureau of Land
Management regarding the scope of
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patents 50–68–0194 and 50–90–0276.
Neither of the patents includes the
submerged lands that are the subject of
this rule. Specifically, patent number
50–68–0194 includes Lot 82 of U.S.
Survey 1763, which encompasses the
upland area of Makhnati Island.
However, the patent does not include
either the adjacent submerged lands or
the fill lands that connect Makhnati
Island to the rest of the chain of islands.
Similarly, patent 50–90–0267 includes
lands surveyed on Japonski Island in
U.S. Survey 1496, but it does not grant
ownership to the State of any adjacent
submerged lands.
The Southeast Alaska Regional
Advisory Council had no objections to
these lands coming under Federal
subsistence jurisdiction. They did
comment that they felt they could not
offer constructive discussion or provide
a valuable recommendation; they
addressed the desire for maps to be
produced on each of these parcels,
asked if the lands were aids to
navigation, were the lands fully or
partially submerged, and if there was a
Federal interest in these lands.
Responses will have to be researched
since it was not provided in the listings
provided by BLM. The North Slope and
Yukon-Kuskokwim Regional Advisory
Councils deferred to the Southeast
Council. The Northwest Arctic Regional
Advisory Council approved as written
in the proposed rule. The Kodiak,
Southcentral Alaska, Eastern Interior
Alaska, Seward Peninsula, and Bristol
Bay Regional Advisory Councils had no
comments and took no action.
Tribal consultation was offered
statewide. No tribal entity requested
specific consultation and no comments
were offered via correspondence, during
public hearings, or during consultations
on different issues.
Because this rule concerns public
lands managed by an agency or agencies
in both the Departments of Agriculture
and the Interior, identical text will be
incorporated into 36 CFR part 242 and
50 CFR part 100.
Conformance With Statutory and
Regulatory Authorities
Administrative Procedure Act
Compliance
The Board has provided extensive
opportunity for public input and
involvement in compliance with
Administrative Procedure Act
requirements, including publishing a
proposed rule in the Federal Register,
participation in multiple Council
meetings, additional public review and
comment on all proposals for regulatory
change, and opportunity for additional
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public comment during the Board
meeting prior to deliberation.
Additionally, an administrative
mechanism exists (and has been used by
the public) to request reconsideration of
the Board’s decision on any particular
proposal for regulatory change (36 CFR
242.20 and 50 CFR 100.20). Therefore,
the Board believes that sufficient public
notice and opportunity for involvement
have been given to affected persons
regarding Board decisions.
In the more than 25 years that the
Program has been operating, no benefit
to the public has been demonstrated by
delaying the effective date of the
subsistence regulations. A lapse in
regulatory control could affect the
continued viability of fish or wildlife
populations and future subsistence
opportunities for rural Alaskans, and
would generally fail to serve the overall
public interest. Therefore, the Board
finds good cause pursuant to 5 U.S.C.
553(d)(3) to make this rule effective
upon the date set forth in DATES to
ensure continued operation of the
subsistence program.
National Environmental Policy Act
Compliance
A Draft Environmental Impact
Statement that described four
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alternatives for developing a Federal
Subsistence Management Program was
distributed for public comment on
October 7, 1991. The Final
Environmental Impact Statement (FEIS)
was published on February 28, 1992.
The Record of Decision (ROD) on
Subsistence Management for Federal
Public Lands in Alaska was signed April
6, 1992. The selected alternative in the
FEIS (Alternative IV) defined the
administrative framework of an annual
regulatory cycle for subsistence
regulations.
The following Federal Register
documents pertain to this rulemaking:
SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: Federal Register
DOCUMENTS PERTAINING TO THE FINAL RULE
Date of publication
Category
Details
57 FR 22940 ........................
May 29, 1992 ....................
Final Rule ..........................
64 FR 1276 ..........................
January 8, 1999 ................
Final Rule ..........................
66 FR 31533 ........................
June 12, 2001 ...................
Interim Rule .......................
67 FR 30559 ........................
May 7, 2002 ......................
Final Rule ..........................
68 FR 7703 ..........................
February 18, 2003 .............
Direct Final Rule ................
68 FR 23035 ........................
April 30, 2003 ....................
Affirmation of Direct Final
Rule.
69 FR 60957 ........................
October 14, 2004 ..............
Final Rule ..........................
70 FR 76400 ........................
December 27, 2005 ...........
Final Rule ..........................
71 FR 49997 ........................
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Federal Register citation
August 24, 2006 ................
Final Rule ..........................
72 FR 25688 ........................
75 FR 63088 ........................
May 7, 2007 ......................
October 14, 2010 ..............
Final Rule ..........................
Final Rule ..........................
‘‘Subsistence Management Regulations for Public
Lands in Alaska; Final Rule’’ was published in the
Federal Register.
Amended the regulations to include subsistence activities occurring on inland navigable waters in which
the United States has a reserved water right and to
identify specific Federal land units where reserved
water rights exist. Extended the Federal Subsistence Board’s management to all Federal lands selected under the Alaska Native Claims Settlement
Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit,
National Recreation Area, National Conservation
Area, or any new national forest or forest addition,
until conveyed to the State of Alaska or to an Alaska Native Corporation. Specified and clarified the
Secretaries’ authority to determine when hunting,
fishing, or trapping activities taking place in Alaska
off the public lands interfere with the subsistence
priority.
Expanded the authority that the Federal Subsistence
Board may delegate to agency field officials and
clarified the procedures for enacting emergency or
temporary restrictions, closures, or openings.
Amended the operating regulations in response to
comments on the June 12, 2001, interim rule. Also
corrected some inadvertent errors and oversights of
previous rules.
Clarified how old a person must be to receive certain
subsistence use permits and removed the requirement that Regional Advisory Councils must have an
odd number of members.
Because no adverse comments were received on the
direct final rule (67 FR 30559), the direct final rule
was adopted.
Clarified the membership qualifications for Regional
Advisory Council membership and relocated the definition of ‘‘regulatory year’’ from subpart A to subpart
D of the regulations.
Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands.
Revised the jurisdiction of the subsistence program by
adding submerged lands and waters in the area of
Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this
area under seasons, harvest limits, and methods
specified in the regulations.
Revised nonrural determinations.
Amended the regulations for accepting and addressing
special action requests and the role of the Regional
Advisory Councils in the process.
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SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: Federal Register
DOCUMENTS PERTAINING TO THE FINAL RULE—Continued
Federal Register citation
Date of publication
Category
Details
76 FR 56109 ........................
September 12, 2011 ..........
Final Rule ..........................
77 FR 12477 ........................
March 1, 2012 ...................
Final Rule ..........................
80 FR 68249 ........................
November 4, 2015 .............
Final Rule ..........................
Revised the composition of the Federal Subsistence
Board by expanding the Board by two public members who possess personal knowledge of and direct
experience with subsistence uses in
rural Alaska.
Extended the compliance date for the final rule (72 FR
25688) that revised nonrural determinations until the
Secretarial program review is complete or in 5
years, whichever comes first.
Revised the nonrural determination process and allowed the Federal Subsistence Board to define
which communities and areas are nonrural.
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A 1997 environmental assessment
dealt with 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
concurrence of the Secretary of
Agriculture, determined that expansion
of Federal jurisdiction does not
constitute a major Federal action
significantly affecting the human
environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA 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 Program, under Alternative IV
with an annual process for setting
subsistence regulations, may have some
local impacts on subsistence uses, but
will not likely restrict subsistence uses
significantly.
During the subsequent environmental
assessment process for extending
fisheries jurisdiction, an evaluation of
the effects of this rule was conducted in
accordance with section 810. That
evaluation also supported the
Secretaries’ determination that the rule
will not reach the ‘‘may significantly
restrict’’ threshold that would require
notice and hearings under ANILCA
section 810(a).
Paperwork Reduction Act of 1995 (PRA)
An agency may not conduct or
sponsor and you are not required to
respond to a collection of information
unless it displays a currently valid
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Office of Management and Budget
(OMB) control number. This rule does
not contain any new collections of
information that require OMB approval.
OMB has reviewed and approved the
collections of information associated
with the subsistence regulations at 36
CFR part 242 and 50 CFR part 100, and
assigned OMB Control Number 1018–
0075, which expires June 30, 2019.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
significant rules. OIRA has determined
that this rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
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. In general,
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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 two million pounds of meat are
harvested by subsistence users annually
and, if given an estimated dollar value
of $3.00 per pound, this amount would
equate to about $6 million in food value
Statewide. Based upon the amounts and
values cited above, the Departments
certify 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.
Small Business Regulatory Enforcement
Fairness 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
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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.
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Executive Order 13132
In accordance with Executive Order
13132, the rule does not have sufficient
Federalism implications to warrant the
preparation of a Federalism summary
impact statement. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on Federal
lands unless it meets certain
requirements.
Executive Order 13175
The Alaska National Interest Lands
Conservation Act, Title VIII, does not
provide specific rights to tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, the Board provided
Federally recognized Tribes and Alaska
Native corporations opportunities to
consult on this rule. Consultation with
Alaska Native corporations are based on
Public Law 108–199, div. H, Sec. 161,
Jan. 23, 2004, 118 Stat. 452, as amended
by Public Law 108–447, div. H, title V,
Sec. 518, Dec. 8, 2004, 118 Stat. 3267,
which provides that: ‘‘The Director of
the Office of Management and Budget
and all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Secretaries, through the Board,
provided a variety of opportunities for
consultation: commenting on proposed
changes to the existing rule; engaging in
dialogue at the Council meetings;
engaging in dialogue at the Board’s
meetings; and providing input in
person, by mail, email, or phone at any
time during the rulemaking process.
On January 10, 2017, the Board
provided Federally recognized Tribes
and Alaska Native Corporations a
specific opportunity to consult on this
rule prior to the start of its public
regulatory meeting. Federally
recognized Tribes and Alaska Native
Corporations were notified by mail and
telephone and were given the
opportunity to attend in person or via
teleconference.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
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actions. However, this rule is not a
significant regulatory action under E.O.
13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
Drafting Information
Theo Matuskowitz drafted these
regulations under the guidance of
Eugene R. Peltola, Jr. of the Office of
Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional
assistance was provided by
• Daniel Sharp, Alaska State Office,
Bureau of Land Management;
• Mary McBurney, Alaska Regional
Office, National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Carol Damberg, Alaska Regional
Office, U.S. Fish and Wildlife Service;
and
• Thomas Whitford, Alaska Regional
Office, USDA Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
Regulation Promulgation
For the reasons set out in the
preamble, the Federal Subsistence
Board amends title 36, part 242, and
title 50, part 100, of the Code of Federal
Regulations, as set forth below.
PART—SUBSISTENCE MANAGEMENT
REGULATIONS FOR PUBLIC LANDS IN
ALASKA
1. The authority citation for both 36
CFR part 242 and 50 CFR part 100
continues to read as follows:
■
Authority: 16 U.S.C. 3, 472, 551, 668dd,
3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
1733.
Subpart A—General Provisions
2. In subpart A of 36 CFR part 242 and
50 CFR part 100, amend § ll.3 as
follows:
■ a. In paragraph (a), remove the words
‘‘Title VIII or ANILCA’’ and add in their
place the words ‘‘Title VIII of ANILCA’’;
■ b. In paragraph (b)(1)(iii), remove the
word ‘‘A’’ and add in its place the word
‘‘All’’;
■ c. In paragraph (b)(2), remove ‘‘70
10′ ’’ and add in its place ‘‘70°10′ ’’ and
■
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remove ‘‘145 51′ ’’ and add in its place
‘‘145°51′ ’’;
■ d. In paragraph (b)(3), remove the
word ‘‘cape’’ and add in its place the
word ‘‘Cape’’ and remove ‘‘161 46′ ’’ and
add in its place ‘‘161°46′ ’’; and
■ e. Revise paragraph (b)(5).
The revision reads as follows:
§ ll.3
Applicability and scope.
*
*
*
*
*
(b) * * *
(5) Southeastern Alaska, including
the:
(i) Makhnati Island Area: Land and
waters beginning at the southern point
of Fruit Island, 57°02′35″ north latitude,
135°21′07″ west longitude as shown on
United States Coast and Geodetic
Survey Chart No. 8244, May 21, 1941;
from the point of beginning, by metes
and bounds; S 58° W, 2,500 feet, to the
southern point of Nepovorotni Rocks; S
83° W, 5,600 feet, on a line passing
through the southern point of a small
island lying about 150 feet south of
Makhnati Island; N 6° W, 4,200 feet, on
a line passing through the western point
of a small island lying about 150 feet
west of Makhnati Island, to the
northwestern point of Signal Island; N
24° E, 3,000 feet, to a point, 57°03′15″
north latitude, 134°23′07″ west
longitude; East, 2,900 feet, to a point in
course No. 45 in meanders of U.S.
Survey No. 1496, on west side of
Japonski Island; southeasterly, with the
meanders of Japonski Island, U.S.
Survey No. 1,496 to angle point No. 35,
on the southwestern point of Japonski
Island; S 60° E, 3,300 feet, along the
boundary line of Naval reservation
described in Executive Order No. 8216,
July 25, 1939, to the point of beginning,
and that part of Sitka Bay lying south of
Japonski Island and west of the main
channel, but not including Aleutski
Island as revoked in Public Land Order
925, October 27, 1953, described by
metes and bounds as follows: Beginning
at the southeast point of Japonski Island
at angle point No. 7 of the meanders of
U.S. Survey No. 1496; thence east
approximately 12.00 chains to the
center of the main channel; thence S 45°
E. along the main channel
approximately 20.00 chains; thence S
45° W, approximately 9.00 chains to the
southeastern point of Aleutski Island;
thence S 79° W, approximately 40.00
chains to the southern point of Fruit
Island; thence N 60° W, approximately
50.00 chains to the southwestern point
of Japonski Island at angle point No. 35
of U.S. Survey No. 1496; thence easterly
with the meanders of Japonski Island to
the point of beginning including
Charcoal, Harbor, Alice, Love, and Fruit
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islands and a number of smaller
unnamed islands.
(ii) Tongass National Forest:
(A) Beacon Point, Frederick Sound,
and Kupreanof Island are shown on the
U.S. Coast and Geodetic Survey Chart
No. 8210—Sheet No. 16. The reference
location is marked as 57 south, 79 east,
CRM, SEC 8, U.S. Survey No. 1604. The
point begins on the low-water line at N
63° W, true and approximately 1,520
feet from Beacon Point beacon; thence
due south true 1,520 feet; thence true
East 1,800 feet, more or less to an
intersection with a low-water line;
thence following, is the low-water line
round the point to point of the
beginning (Approx. Long. 133°00′ W,
Lat. 56°561⁄4′ N).
(B) Bushy Island and Snow Passage
are shown on the U.S. Coast and
Geodetic Survey Chart, labeled No.
8160—Sheet No. 12. The reference
location is marked as 64 south, 80 east,
CRM, SEC. 31/32 on the map labeled,
USS 1607. The point begins on a lowwater line about 1⁄4 nautical miles and
southwesterly from the northwest point
of the island, from which a left tangent
to an island that is 300 yards in
diameter and 100 yards offshore, bears
the location—N 60° W, true; thence S
60° E, true and more or less 2,000 feet
to an intersection with a low-water line
on the easterly side of the island; thence
forward along the winding of the lowwater line northwesterly and
southwesterly to the point of the
beginning, including all adjacent rocks
and reefs not covered at low water
(Approx. Long. 132°58′ W, Lat. 56°161⁄2′
N).
(C) Cape Strait, Frederick Sound, and
Kupreanof Island are shown on the U.S.
Coast and Geodetic Survey Chart No.
8210—Sheet No. 16. The reference
location is marked as 56 south, 77478
east, CRM, on the map labeled as USS
1011. It begins at a point on a low-water
line that is westerly from the lighthouse
and distant 1,520 feet in a direct line
from the center of the concrete pier
upon which the light tower is erected;
thence South 45° E, true by 1,520 feet;
thence east true by 1,520 feet, more or
less to an intersection with the lowwater line; thence north-westerly and
westerly, following the windings of the
low-water line to the point of beginning
(Approx. Long. 133°05′ W, Lat. 57°00′
N).
(D) Point Colpoys and Sumner Strait
are shown on the U.S. Coast and
Geodetic Survey Chart No. 8160—Prince
of Wales Island—Sheet No. 12. The
reference location is marked as 64
south, 78 east, CRM, SECs. 10, 11, 12 on
the map labeled as USS 1634. Location
is north of a true east-and-west line
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running across the point to 1,520 feet
true south from the high-water line at
the northernmost extremity. Map
includes all adjacent rocks and ledges
not covered at low water and also
includes two rocks awash about 11⁄4
nautical miles east and South and 75°
East, respectively, from the
aforementioned point (Approx. Long.
133°12′ W, Lat. 56°20′ N).
(E) Vank Island and Stikine Strait are
shown on the U.S. Coast and Geodetic
Survey Chart No. 8160—Sheet No. 18.
Located at 62 south, 82 east, CRM, SEC
34, on the map labeled as USS 1648.
This part of the island is lying south of
a true east-and-west line that is drawn
across the island from low water to low
water. Island is 760 feet due North from
the center of the concrete pier upon
which the structure for the light is
erected (Approx. Long. 132°35′ W, Lat.
56°27′ N).
(F) High Point, and Woronkofski
Island, Alaska, are shown on the U.S.
Coast and Geodetic Survey Chart No.
8160—Sheet No. 18. The location begins
at a point on low water at the head of
the first bight easterly of the point and
about 1⁄8 nautical mile distant therefrom;
thence south true 1,520 feet; thence
west true 1,100 feet, more or less to an
intersection with the low-water line;
thence northerly and easterly, following
the windings of the low-water line to
point of the beginning (Approx. Long.
132°33′ W, Lat. 56°24′ N).
(G) Key Reef and Clarence Strait are
shown on the U.S Coast and Geodetic
Survey Chart No. 8160—Sheet No. 11.
The reef lies 13⁄4 miles S. 80° E, true,
from Bluff Island and becomes awash at
extreme high water. Chart includes all
adjacent ledges and rocks not covered at
low water (Approx. Long. 132°50′ W,
Lat. 56°10′ N).
(H) Low Point and Zarembo Island,
Alaska, are shown on U.S. Coast and
Geodetic Survey Chart No. 8160—Sheet
No. 22. The location begins at a point
on a low-water line that is 760 feet in
a direct line, easterly, from the center of
Low Point Beacon. The position is
located on a point of shoreline about 1
mile easterly from Low Point; thence S.
35° W, true 760 feet; thence N 800 feet
and W 760 feet, more or less, to an
intersection with the low-water line to
the point of beginning (Approx. Long.
132°551⁄2′ W, Lat. 56°271⁄2′ N).
(I) McNamara Point and Zarembo
Island, Alaska, are shown on U.S. Coast
and Geodetic Survey Chart No. 8160—
Sheet No. 25. Location begins at a point
on a low-water line that is 1,520 feet in
a direct line, northerly, from McNamara
Point Beacon— a slatted tripod
structure; thence true east 1,520 feet;
thence true south, more or less, 2,500
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feet to an intersection with the lowwater line; thence northwesterly and
northerly following the windings of the
low-water line to the point of the
beginning (Approx. Long. 133°04′ W,
Lat. 56°20′ N).
(J) Mountain Point and Wrangell
Narrows, Alaska, are shown on the U.S.
Coast and Geodetic Survey Chart No.
8170—Sheet No. 27. The location begins
at a point on a low-water line southerly
from the center of Mountain Point
Beacon and distant there from 1,520 feet
in a direct line; thence true west 1,520
feet; thence true north, more or less,
3,480 feet to an intersection with the
low-water line; thence southeasterly and
southerly following the windings of the
low-water line to the point of the
beginning (Approx. Long. 132°571⁄2′ W,
Lat. 56°44′ N).
(K) Angle Point, Revillagigedo
Channel, and Bold Island are shown on
the U.S. Coast and Geodetic Survey
Chart No. 8075—Sheet No. 3. The
reference location is marked as 76
south, 92 east, CRM, USS 1603. The
location begins at a point on a low-water
line abreast of the lighthouse on Angle
Point, the southwestern extremity of
Bold Island; thence easterly along the
low-water line to a point that is 3,040
feet in a straight line from the beginning
point; thence N 30° W, True 3,040 feet;
thence true west to an intersection with
the low-water line, 3,000 feet, more or
less; thence southeasterly along the lowwater line to the point of the beginning
(Approx. Long. 131°26′ W, Lat. 55°14′
N).
(L) Cape Chacon, Dixon Entrance, and
Prince of Wales Island are shown on the
U.S Coast and Geodetic Survey Chart
No. 8074—Sheet No. 29. The reference
location is marked as 83 south, 89 and
90 east, CRM, USS 1608. The location
begins at a point at the low-water mark
on the shore line of Dixon Entrance
from which the southern extremity of
Cape Chacon bears south 64° true East
and approximately 3⁄4 nautical miles;
thence N 45° true East and about 1
nautical mile, more or less, to an
intersection with a low-water line on
the shore of Clarence Strait; thence
southerly, following the meanderings of
the low-water line of the shore, to and
around Cape Chacon, and continuing to
the point of the beginning. Reference
includes all adjacent islands, islets,
rocks, and reefs that are not covered at
the low-water line (Approx. Long 132°
W, Lat. 54°42′ N).
(M) Lewis Reef and Tongass Narrows
are shown on the U.S Coast and
Geodetic Survey Chart No. 8094—Sheet
No. 71. The reference location is marked
as 75 south, 90 east, CRM, SEC 9. The
area point begins at the reef off of Lewis
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Point and partly bare at low water. This
part of the reef is not covered at low
water and lies on the northeast side of
a true northwest-and-southeast line that
is located 300 feet true southwest from
the center of the concrete pier of Lewis
Reef Light (Approx. Long. 131°441⁄2′ W,
Lat. 55°22′25″ N).
(N) Lyman Point and Clarence Strait
are shown on the U.S Coast and
Geodetic Survey, Chart No. 8076—Sheet
No. 8. The reference location is marked
as 73 south, 86 east, CRM, SEC 13, on
a map labeled as USS 2174 TRC. It
begins at a point at the low-water mark.
The aforementioned point is 300 feet in
a direct line easterly from Lyman Point
light; thence due south 300 feet; thence
due west to a low-water mark 400 feet,
more or less; thence following the
winding of the low-water mark to place
of beginning (Approx. Long. 132°18′ W,
Lat. 35°35′ N).
(O) Narrow Point, Clarence Strait, and
Prince of Wales Island are shown on the
U.S. Coast and Geodetic Survey Chart
No. 8100—Sheet No. 9. The reference
location is marked as 70 south, 84 east,
CRM, on a map labeled as USS 1628.
The point begins at a point on a lowwater line about 1 nautical mile
southerly from Narrow Point Light, from
which point a left tangent to a highwater line of an islet about 500 yards in
diameter and about 300 yards off shore,
bears south 30° true East; thence north
30° W, true 7,600 feet; thence N 60° E,
3,200 feet, more or less to an
intersection with a low-water line;
thence southeasterly, southerly, and
southwesterly, following the winding of
the low-water line to the point of the
beginning. The map includes all
adjacent rocks not covered at low water
(Approx. Long. 132°28′ W, Lat. 55°471⁄2′
N).
(P) Niblack Point, Cleveland
Peninsula, and Clarence Strait, Alaska,
are shown on the U.S. coast and
Geodetic Survey Chart No. 8102—Sheet
No. 6, which is the same sheet used for
Caamano Point. The location begins at
a point on a low-water line from which
Niblack Point Beacon, a tripod anchored
to three concrete piers, bears
southeasterly and is 1,520 feet in a
direct line; thence true northeast 1,520
feet; thence true southeast 3,040 feet;
thence true southwest at 600 feet, more
or less, to an intersection with a lowwater line; thence northwesterly
following the windings of the low-water
line to the point of the beginning
(Approx. Long. 132°07′ W, Lat. 55°33′
N).
(Q) Rosa Reef and Tongass Narrows
are shown on the U.S. Coast and
Geodetic Survey Chart No. 8094—Sheet
No. 71. The reference location is marked
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as 74 south, 90 east, CRM, SEC 31. That
part of the reef is not covered at low
water and lies east of a true north-andsouth line, located 600 feet true west
from the center of the concrete pier of
Rosa Reef Light. The reef is covered at
high water (Approx. Long. 131°48′ W,
Lat. 55°24′ 15″ N).
(R) Ship Island and Clarence Strait are
shown on the U.S. Coast and Geodetic
Survey Chart No. 8100—Sheet No. 9.
The reference location is marked as
south, 8 east, CRM, SEC 27. The point
begins as a small island on the
northwesterly side of the Clarence
Strait, about 10 nautical miles
northwesterly from Caamano Point and
1⁄4 mile off the shore of Cleveland
Peninsula. The sheet includes all
adjacent islets and rocks not connected
to the main shore and not covered at
low water (Approx. Long. 132°12′ W,
Lat. 55°36′ N).
(S) Spire Island Reef and
Revillagigedo Channel are shown on the
U.S. Coast and Geodetic Survey Chart
No. 8075—Sheet No. 3. The reference
location is marked as 76 south, 92 east,
CRM, SEC 19.The detached reef,
covered at high water and partly bare at
low water, is located northeast of Spire
Island. Spire Island Light is located on
the reef and consists of small houses
and lanterns surmounting a concrete
pier. See chart for ‘‘Angle Pt.’’ (Approx.
Long 131°30′ W, Lat. 55°16′ N).
(T) Surprise Point and Nakat Inlet are
shown on the U.S. Coast and Geodetic
Survey Chart No. 8051—Sheet No. 1.
The reference location is marked as 80
south, 89 east, CRM. This point lies
north of a true east-and-west line. The
true east-and-west line lies 3,040 feet
true south from the northernmost
extremity of the point together with
adjacent rocks and islets (Approx. Long.
130°44′ W, Lat. 54°49′ N).
(U) Caamano Point, Cleveland
Peninsula, and Clarence Strait, Alaska,
are shown on the U.S. Coast and
Geodetic Survey Chart No. 8102—Sheet
No. 6. Location consists of everything
apart of the extreme south end of the
Cleveland Peninsula lying on a south
side of a true east-and-west line that is
drawn across the point at a distance of
800 feet true north from the
southernmost point of the low-water
line. This includes off-lying rocks and
islets that are not covered at low water
(Approx. Long. 131°59′ W, Lat. 55°30′
N).
(V) Meyers Chuck and Clarence Strait,
Alaska, are shown on the U.S. and
Geodetic Survey Chart No. 8124—Sheet
No. 26. The small island is about 150
yards in diameter and located about 200
yards northwest of Meyers Island
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(Approx. Long. 132°16′ W, Lat. 55°441⁄2′
N).
(W) Round Island and Cordova Bay,
Alaska, are shown on the U.S coast and
Geodetic Survey Chart No. 8145—Sheet
No. 36. The Southwestern Island of the
group is about 700 yards
long, including off-lying rocks and
reefs that are not covered at low water
(Approx. Long. 132°301⁄2′ W, Lat. 54°46
1/2′ N).
(X) Mary Island begins at a point that
is placed at a low-water mark. The
aforementioned point is southward 500
feet from a crosscut on the side of a
large rock on the second point below
Point Winslow and Mary Island; thence
due west 3⁄4 mile, statute; thence due
north to a low-water mark; thence
following the winding of the low water
to the place of the beginning (Approx.
Long. 131°11′ 00″ W, Lat. 55°05′ 55″ N).
(Y) Tree Point starts a point of a lowwater mark. The aforementioned point
is southerly 1⁄2 mile from extreme
westerly point of a low-water mark on
Tree Point, on the Alaska Mainland;
thence due true east, 3⁄4 mile; thence
due north 1 mile; thence due west to a
low-water mark; thence following the
winding of the low-water mark to the
place of the beginning (Approx. Long.
130°57′ 44″ W, Lat. 54°48′ 27″ N).
*
*
*
*
*
Dated: April 20, 2018.
David E. Schmid,
Acting Regional Forester, USDA–Forest
Service.
Dated: May 15, 2018.
David L. Bernhardt,
Deputy Secretary. Fish and Wildlife Service.
[FR Doc. 2018–10938 Filed 5–22–18; 8:45 am]
BILLING CODE 4310–55–P; 3411–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0035; FRL–9977–13]
Clopyralid; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of clopyralid in
or on multiple commodities which are
identified and discussed later in this
document. In addition, it removes
certain previously established
tolerances that are superseded by this
final rule. Interregional Research Project
Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
SUMMARY:
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[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23813-23819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10938]
[[Page 23813]]
=======================================================================
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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
[Docket No. FWS-R7-SM-2015-0159; FXFR13350700640-167-FF07J00000;
FBMS#4500096963]
RIN 1018-BB22
Subsistence Management Regulations for Public Lands in Alaska--
Applicability and Scope; Tongass National Forest Submerged Lands
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. District Court for Alaska in its October 17, 2011,
order in Peratrovich et al. v. United States and the State of Alaska,
3:92-cv-0734-HRH (D. Alaska), enjoined the United States ``to promptly
initiate regulatory proceedings for the purpose of implementing the
subsistence provisions in Title VIII of the Alaska National Interest
Lands Conservation Act (ANILCA) with respect to submerged public lands
within Tongass National Forest'' and directed entry of judgment. To
comply with the order, the Federal Subsistence Board (Board) initiated
a regulatory proceeding to identify those submerged lands within the
Tongass National Forest that did not pass to the State of Alaska at
statehood and, therefore, remain Federal public lands subject to the
subsistence provisions of ANILCA. Following the Court's decision, the
Bureau of Land Management (BLM) and the USDA-Forest Service (USDA-FS)
started a review of hundreds of potential pre-statehood (January 3,
1959) withdrawals in the marine waters of the Tongass National Forest.
In April and October of 2015, BLM submitted initial lists of submerged
public lands to the Board. This rule adds those submerged parcels to
the subsistence regulations to ensure compliance with the Court order.
Additional listings will be published as BLM and the USDA-FS continue
their review of pre-statehood withdrawals.
DATES: This rule is effective June 22, 2018.
ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop
121, Anchorage, AK 99503, or on the Office of Subsistence Management
website (https://www.doi.gov/subsistence).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr.,
Office of Subsistence Management; (907) 786-3888 or
[email protected]. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. This program provides a
preference for take of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The Secretaries published
temporary regulations to carry out this program in the Federal Register
on June 29, 1990 (55 FR 27114), and published final regulations in the
Federal Register on May 29, 1992 (57 FR 22940). The Program has
subsequently amended these regulations a number of times. Because this
program is a joint effort between Interior and Agriculture, these
regulations are located in two titles of the Code of Federal
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,''
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-242.28 and 50
CFR 100.1-100.28, respectively. The regulations contain subparts as
follows: Subpart A, General Provisions; Subpart B, Program Structure;
Subpart C, Board Determinations; and Subpart D, Subsistence Taking of
Fish and Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board comprises:
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;
The Alaska Regional Forester, USDA Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies participate in the development of
regulations for subparts C and D, which, among other things, set forth
program eligibility and specific harvest seasons and limits.
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Federal Subsistence Regional Advisory Council (Council). The 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 Federal public lands in
Alaska. The Council members represent varied geographical, cultural,
and user interests within each region.
Jurisdictional Background and Perspective
The Peratrovich case dates back to 1992 and has a long and involved
procedural history. The plaintiffs in that litigation raised the
question of which marine waters in the Tongass National Forest, if any,
are subject to the jurisdiction of the Federal Subsistence Management
Program. In its May 31, 2011, order, the U.S. District Court for Alaska
(Court) stated that ``it is the duty of the Secretaries [Agriculture &
Interior] to identify any submerged lands (and the marine waters
overlying them) within the Tongass National Forest to which the United
States holds title.'' It also stated that, if such title exists, it
``creates an interest in [the overlying] waters sufficient to make
those marine waters public lands for purposes of [the subsistence
provisions] of ANILCA.''
Most of the marine waters within the Tongass National Forest were
not initially identified in the regulations as public lands subject to
the subsistence priority based upon a determination that the submerged
lands were State lands, and later through reliance upon a disclaimer of
interest filed by the United States in Alaska v. United States, No. 128
Orig., 546 U.S. 413 (2006). In that case, the State of Alaska had
sought to quiet title to all lands underlying marine waters in
southeast Alaska, which includes most of the Tongass National Forest.
Ultimately, the United States disclaimed ownership to most of the
submerged lands in the Tongass National Forest. The Supreme Court
accepted the disclaimer by the United States to title to the marine
waters within the Tongass National Forest, excepting from that
disclaimer several
[[Page 23814]]
classes of submerged public lands that generally involve small tracts.
Alaska v. United States, 546 U.S. at 415.
When the United States took over the subsistence program in Alaska
in 1990, the Departments of the Interior and Agriculture stated in
response to comments on the scope of the program during promulgation of
the interim regulations that ``the United States generally does not
hold title to navigable waters and thus navigable waters generally are
not included within the definition of public lands'' (55 FR 27115; June
29, 1990). That position was changed in 1999 when the subsistence
priority was extended to waters subject to a Federal reserved water
right following the Katie John litigation. The Board identified certain
submerged marine lands that did not pass to the State and, therefore,
where the subsistence priority applied. However, the Board did not
attempt to identify each and every small parcel of submerged public
lands and thereby marine water possibly subject to the Federal
Subsistence Management Program because of the potentially overwhelming
administrative burden. Instead the Board invited the public to petition
to have submerged marine lands included. Over the years, several small
areas of submerged marine lands in the Tongass National Forest have
been identified as public lands subject to the subsistence priority.
In its May 31, 2011, order, the Court stated that the petition
process was not sufficient and found that ``concerns about costs and
management problems simply cannot trump the congressional policy that
the subsistence lifestyle of rural Alaskans be preserved as to public
lands.'' The Court acknowledged in its order that inventorying all
these lands could be an expensive undertaking, but that it is a burden
``necessitated by the `complicated regulatory scheme' which has
resulted from the inability of the State of Alaska to implement Title
VIII of ANILCA.'' The Court then ``enjoined'' the United States ``to
promptly initiate regulatory proceedings for the purpose of
implementing the subsistence provisions in Title VIII of ANILCA with
respect to submerged public lands within Tongass National Forest'' and
directed entry of judgment.
The BLM and USDA-FS started a time- and resource-consuming review
of hundreds of potential pre-statehood (January 3, 1959) withdrawals in
the marine waters of the Tongass National Forest. Both agencies are
reviewing their records to identify dock sites, log transfer sites, and
other areas that may not have passed to the State at statehood. The
review process is ongoing and expected to take quite some time.
Current Rule
The Departments published a proposed rule on June 8, 2016 (81 FR
36836), to amend the applicability and scope section of subpart A of 36
CFR part 242 and 50 CFR part 100. The proposed rule opened a comment
period, which closed on August 8, 2016, and also announced public
meetings to be held in several different locations throughout the state
between September 28 and November 2, 2016. The Departments advertised
the proposed rule by mail, email, web page, social media, radio, and
newspaper, and comments were submitted via www.regulations.gov to
Docket No. FWS-R7-SM-2015-0159. During that period, the Councils met
and, in addition to other Council business, received comments from the
public and developed recommendations to the Board. The Councils had an
opportunity to review the proposed rule and make recommendations for
the final rule as described in more detail below.
The Board met via a public teleconference on May 25, 2017. All
briefings and documents presented to the Board were available to the
public on the Program's web page and was advertised by mail, email, web
page, social media, radio, and newspaper. After a briefing and
deliberation the Board decided on the following recommendation to the
Secretaries: ``The Federal Subsistence Board recommends to the
Secretaries that the lands listed in the proposed rule of June 8, 2016
(81 FR 36836) be included in the Subsistence Management Regulations for
Public Lands in Alaska (36 CFR 242 and 50 CFR 100) for the purpose of
implementing the subsistence provisions in Title VIII of the Alaska
National Interest Lands Conservation Act.''
These final regulations reflect the Board's recommendation to the
Secretaries after review and consideration of Council recommendations,
Tribal and Alaska Native corporation consultations, and public
comments. The public received extensive opportunity to review and
comment on all changes.
Summary of Comments Received and Responses
The Board received one public comment from the State of Alaska.
They did not object to the new listings, however they did claim
ownership over the Makhnati Island submerged lands. We conferred with
the Bureau of Land Management regarding the scope of patents 50-68-0194
and 50-90-0276. Neither of the patents includes the submerged lands
that are the subject of this rule. Specifically, patent number 50-68-
0194 includes Lot 82 of U.S. Survey 1763, which encompasses the upland
area of Makhnati Island. However, the patent does not include either
the adjacent submerged lands or the fill lands that connect Makhnati
Island to the rest of the chain of islands. Similarly, patent 50-90-
0267 includes lands surveyed on Japonski Island in U.S. Survey 1496,
but it does not grant ownership to the State of any adjacent submerged
lands.
The Southeast Alaska Regional Advisory Council had no objections to
these lands coming under Federal subsistence jurisdiction. They did
comment that they felt they could not offer constructive discussion or
provide a valuable recommendation; they addressed the desire for maps
to be produced on each of these parcels, asked if the lands were aids
to navigation, were the lands fully or partially submerged, and if
there was a Federal interest in these lands. Responses will have to be
researched since it was not provided in the listings provided by BLM.
The North Slope and Yukon-Kuskokwim Regional Advisory Councils deferred
to the Southeast Council. The Northwest Arctic Regional Advisory
Council approved as written in the proposed rule. The Kodiak,
Southcentral Alaska, Eastern Interior Alaska, Seward Peninsula, and
Bristol Bay Regional Advisory Councils had no comments and took no
action.
Tribal consultation was offered statewide. No tribal entity
requested specific consultation and no comments were offered via
correspondence, during public hearings, or during consultations on
different issues.
Because this rule concerns public lands managed by an agency or
agencies in both the Departments of Agriculture and the Interior,
identical text will be incorporated into 36 CFR part 242 and 50 CFR
part 100.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Board has provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements, including publishing a proposed rule in the Federal
Register, participation in multiple Council meetings, additional public
review and comment on all proposals for regulatory change, and
opportunity for additional
[[Page 23815]]
public comment during the Board meeting prior to deliberation.
Additionally, an administrative mechanism exists (and has been used by
the public) to request reconsideration of the Board's decision on any
particular proposal for regulatory change (36 CFR 242.20 and 50 CFR
100.20). Therefore, the Board believes that sufficient public notice
and opportunity for involvement have been given to affected persons
regarding Board decisions.
In the more than 25 years that the Program has been operating, no
benefit to the public has been demonstrated by delaying the effective
date of the subsistence regulations. A lapse in regulatory control
could affect the continued viability of fish or wildlife populations
and future subsistence opportunities for rural Alaskans, and would
generally fail to serve the overall public interest. Therefore, the
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule
effective upon the date set forth in DATES to ensure continued
operation of the subsistence program.
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
The following Federal Register documents pertain to this
rulemaking:
Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
Federal Register citation Date of publication Category Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940........................ May 29, 1992.......... Final Rule............ ``Subsistence Management
Regulations for Public
Lands in Alaska; Final
Rule'' was published in
the Federal Register.
64 FR 1276......................... January 8, 1999....... Final Rule............ Amended the regulations to
include subsistence
activities occurring on
inland navigable waters in
which the United States
has a reserved water right
and to identify specific
Federal land units where
reserved water rights
exist. Extended the
Federal Subsistence
Board's management to all
Federal lands selected
under the Alaska Native
Claims Settlement Act and
the Alaska Statehood Act
and situated within the
boundaries of a
Conservation System Unit,
National Recreation Area,
National Conservation
Area, or any new national
forest or forest addition,
until conveyed to the
State of Alaska or to an
Alaska Native Corporation.
Specified and clarified
the Secretaries' authority
to determine when hunting,
fishing, or trapping
activities taking place in
Alaska off the public
lands interfere with the
subsistence priority.
66 FR 31533........................ June 12, 2001......... Interim Rule.......... Expanded the authority that
the Federal Subsistence
Board may delegate to
agency field officials and
clarified the procedures
for enacting emergency or
temporary restrictions,
closures, or openings.
67 FR 30559........................ May 7, 2002........... Final Rule............ Amended the operating
regulations in response to
comments on the June 12,
2001, interim rule. Also
corrected some inadvertent
errors and oversights of
previous rules.
68 FR 7703......................... February 18, 2003..... Direct Final Rule..... Clarified how old a person
must be to receive certain
subsistence use permits
and removed the
requirement that Regional
Advisory Councils must
have an odd number of
members.
68 FR 23035........................ April 30, 2003........ Affirmation of Direct Because no adverse comments
Final Rule. were received on the
direct final rule (67 FR
30559), the direct final
rule was adopted.
69 FR 60957........................ October 14, 2004...... Final Rule............ Clarified the membership
qualifications for
Regional Advisory Council
membership and relocated
the definition of
``regulatory year'' from
subpart A to subpart D of
the regulations.
70 FR 76400........................ December 27, 2005..... Final Rule............ Revised jurisdiction in
marine waters and
clarified jurisdiction
relative to military
lands.
71 FR 49997........................ August 24, 2006....... Final Rule............ Revised the jurisdiction of
the subsistence program by
adding submerged lands and
waters in the area of
Makhnati Island, near
Sitka, AK. This allowed
subsistence users to
harvest marine resources
in this area under
seasons, harvest limits,
and methods specified in
the regulations.
72 FR 25688........................ May 7, 2007........... Final Rule............ Revised nonrural
determinations.
75 FR 63088........................ October 14, 2010...... Final Rule............ Amended the regulations for
accepting and addressing
special action requests
and the role of the
Regional Advisory Councils
in the process.
[[Page 23816]]
76 FR 56109........................ September 12, 2011.... Final Rule............ Revised the composition of
the Federal Subsistence
Board by expanding the
Board by two public
members who possess
personal knowledge of and
direct experience with
subsistence uses in
rural Alaska.
77 FR 12477........................ March 1, 2012......... Final Rule............ Extended the compliance
date for the final rule
(72 FR 25688) that revised
nonrural determinations
until the Secretarial
program review is complete
or in 5 years, whichever
comes first.
80 FR 68249........................ November 4, 2015...... Final Rule............ Revised the nonrural
determination process and
allowed the Federal
Subsistence Board to
define which communities
and areas are nonrural.
----------------------------------------------------------------------------------------------------------------
A 1997 environmental assessment dealt with 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
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA 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 Program, under Alternative IV with an annual
process for setting subsistence regulations, may have some local
impacts on subsistence uses, but will not likely restrict subsistence
uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of this
rule was conducted in accordance with section 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA section 810(a).
Paperwork Reduction Act of 1995 (PRA)
An agency may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number. This rule
does not contain any new collections of information that require OMB
approval. OMB has reviewed and approved the collections of information
associated with the subsistence regulations at 36 CFR part 242 and 50
CFR part 100, and assigned OMB Control Number 1018-0075, which expires
June 30, 2019.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
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.
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 two million pounds of meat are harvested by subsistence users
annually and, if given an estimated dollar value of $3.00 per pound,
this amount would equate to about $6 million in food value Statewide.
Based upon the amounts and values cited above, the Departments certify
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.
Small Business Regulatory Enforcement Fairness 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
[[Page 23817]]
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 summary impact statement. Title VIII of ANILCA precludes the
State from exercising subsistence management authority over fish and
wildlife resources on Federal lands unless it meets certain
requirements.
Executive Order 13175
The Alaska National Interest Lands Conservation Act, Title VIII,
does not provide specific rights to tribes for the subsistence taking
of wildlife, fish, and shellfish. However, the Board provided Federally
recognized Tribes and Alaska Native corporations opportunities to
consult on this rule. Consultation with Alaska Native corporations are
based on Public Law 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat.
452, as amended by Public Law 108-447, div. H, title V, Sec. 518, Dec.
8, 2004, 118 Stat. 3267, which provides that: ``The Director of the
Office of Management and Budget and all Federal agencies shall
hereafter consult with Alaska Native corporations on the same basis as
Indian tribes under Executive Order No. 13175.''
The Secretaries, through the Board, provided a variety of
opportunities for consultation: commenting on proposed changes to the
existing rule; engaging in dialogue at the Council meetings; engaging
in dialogue at the Board's meetings; and providing input in person, by
mail, email, or phone at any time during the rulemaking process.
On January 10, 2017, the Board provided Federally recognized Tribes
and Alaska Native Corporations a specific opportunity to consult on
this rule prior to the start of its public regulatory meeting.
Federally recognized Tribes and Alaska Native Corporations were
notified by mail and telephone and were given the opportunity to attend
in person or via teleconference.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this rule is
not a significant regulatory action under E.O. 13211, affecting energy
supply, distribution, or use, and no Statement of Energy Effects is
required.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Eugene R. Peltola, Jr. of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Mary McBurney, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Carol Damberg, Alaska Regional Office, U.S. Fish and
Wildlife Service; and
Thomas Whitford, Alaska Regional Office, USDA Forest
Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board amends title 36, part 242, and title 50, part 100, of the Code of
Federal Regulations, as set forth below.
PART--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA
0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart A--General Provisions
0
2. In subpart A of 36 CFR part 242 and 50 CFR part 100, amend Sec.
__.3 as follows:
0
a. In paragraph (a), remove the words ``Title VIII or ANILCA'' and add
in their place the words ``Title VIII of ANILCA'';
0
b. In paragraph (b)(1)(iii), remove the word ``A'' and add in its place
the word ``All'';
0
c. In paragraph (b)(2), remove ``70 10' '' and add in its place
``70[deg]10' '' and remove ``145 51' '' and add in its place
``145[deg]51' '';
0
d. In paragraph (b)(3), remove the word ``cape'' and add in its place
the word ``Cape'' and remove ``161 46' '' and add in its place
``161[deg]46' ''; and
0
e. Revise paragraph (b)(5).
The revision reads as follows:
Sec. __.3 Applicability and scope.
* * * * *
(b) * * *
(5) Southeastern Alaska, including the:
(i) Makhnati Island Area: Land and waters beginning at the southern
point of Fruit Island, 57[deg]02'35'' north latitude, 135[deg]21'07''
west longitude as shown on United States Coast and Geodetic Survey
Chart No. 8244, May 21, 1941; from the point of beginning, by metes and
bounds; S 58[deg] W, 2,500 feet, to the southern point of Nepovorotni
Rocks; S 83[deg] W, 5,600 feet, on a line passing through the southern
point of a small island lying about 150 feet south of Makhnati Island;
N 6[deg] W, 4,200 feet, on a line passing through the western point of
a small island lying about 150 feet west of Makhnati Island, to the
northwestern point of Signal Island; N 24[deg] E, 3,000 feet, to a
point, 57[deg]03'15'' north latitude, 134[deg]23'07'' west longitude;
East, 2,900 feet, to a point in course No. 45 in meanders of U.S.
Survey No. 1496, on west side of Japonski Island; southeasterly, with
the meanders of Japonski Island, U.S. Survey No. 1,496 to angle point
No. 35, on the southwestern point of Japonski Island; S 60[deg] E,
3,300 feet, along the boundary line of Naval reservation described in
Executive Order No. 8216, July 25, 1939, to the point of beginning, and
that part of Sitka Bay lying south of Japonski Island and west of the
main channel, but not including Aleutski Island as revoked in Public
Land Order 925, October 27, 1953, described by metes and bounds as
follows: Beginning at the southeast point of Japonski Island at angle
point No. 7 of the meanders of U.S. Survey No. 1496; thence east
approximately 12.00 chains to the center of the main channel; thence S
45[deg] E. along the main channel approximately 20.00 chains; thence S
45[deg] W, approximately 9.00 chains to the southeastern point of
Aleutski Island; thence S 79[deg] W, approximately 40.00 chains to the
southern point of Fruit Island; thence N 60[deg] W, approximately 50.00
chains to the southwestern point of Japonski Island at angle point No.
35 of U.S. Survey No. 1496; thence easterly with the meanders of
Japonski Island to the point of beginning including Charcoal, Harbor,
Alice, Love, and Fruit
[[Page 23818]]
islands and a number of smaller unnamed islands.
(ii) Tongass National Forest:
(A) Beacon Point, Frederick Sound, and Kupreanof Island are shown
on the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The
reference location is marked as 57 south, 79 east, CRM, SEC 8, U.S.
Survey No. 1604. The point begins on the low-water line at N 63[deg] W,
true and approximately 1,520 feet from Beacon Point beacon; thence due
south true 1,520 feet; thence true East 1,800 feet, more or less to an
intersection with a low-water line; thence following, is the low-water
line round the point to point of the beginning (Approx. Long.
133[deg]00' W, Lat. 56[deg]56\1/4\' N).
(B) Bushy Island and Snow Passage are shown on the U.S. Coast and
Geodetic Survey Chart, labeled No. 8160--Sheet No. 12. The reference
location is marked as 64 south, 80 east, CRM, SEC. 31/32 on the map
labeled, USS 1607. The point begins on a low-water line about \1/4\
nautical miles and southwesterly from the northwest point of the
island, from which a left tangent to an island that is 300 yards in
diameter and 100 yards offshore, bears the location--N 60[deg] W, true;
thence S 60[deg] E, true and more or less 2,000 feet to an intersection
with a low-water line on the easterly side of the island; thence
forward along the winding of the low-water line northwesterly and
southwesterly to the point of the beginning, including all adjacent
rocks and reefs not covered at low water (Approx. Long. 132[deg]58' W,
Lat. 56[deg]16\1/2\' N).
(C) Cape Strait, Frederick Sound, and Kupreanof Island are shown on
the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The
reference location is marked as 56 south, 77478 east, CRM, on the map
labeled as USS 1011. It begins at a point on a low-water line that is
westerly from the lighthouse and distant 1,520 feet in a direct line
from the center of the concrete pier upon which the light tower is
erected; thence South 45[deg] E, true by 1,520 feet; thence east true
by 1,520 feet, more or less to an intersection with the low-water line;
thence north-westerly and westerly, following the windings of the low-
water line to the point of beginning (Approx. Long. 133[deg]05' W, Lat.
57[deg]00' N).
(D) Point Colpoys and Sumner Strait are shown on the U.S. Coast and
Geodetic Survey Chart No. 8160--Prince of Wales Island--Sheet No. 12.
The reference location is marked as 64 south, 78 east, CRM, SECs. 10,
11, 12 on the map labeled as USS 1634. Location is north of a true
east-and-west line running across the point to 1,520 feet true south
from the high-water line at the northernmost extremity. Map includes
all adjacent rocks and ledges not covered at low water and also
includes two rocks awash about 1\1/4\ nautical miles east and South and
75[deg] East, respectively, from the aforementioned point (Approx.
Long. 133[deg]12' W, Lat. 56[deg]20' N).
(E) Vank Island and Stikine Strait are shown on the U.S. Coast and
Geodetic Survey Chart No. 8160--Sheet No. 18. Located at 62 south, 82
east, CRM, SEC 34, on the map labeled as USS 1648. This part of the
island is lying south of a true east-and-west line that is drawn across
the island from low water to low water. Island is 760 feet due North
from the center of the concrete pier upon which the structure for the
light is erected (Approx. Long. 132[deg]35' W, Lat. 56[deg]27' N).
(F) High Point, and Woronkofski Island, Alaska, are shown on the
U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 18. The
location begins at a point on low water at the head of the first bight
easterly of the point and about \1/8\ nautical mile distant therefrom;
thence south true 1,520 feet; thence west true 1,100 feet, more or less
to an intersection with the low-water line; thence northerly and
easterly, following the windings of the low-water line to point of the
beginning (Approx. Long. 132[deg]33' W, Lat. 56[deg]24' N).
(G) Key Reef and Clarence Strait are shown on the U.S Coast and
Geodetic Survey Chart No. 8160--Sheet No. 11. The reef lies 1\3/4\
miles S. 80[deg] E, true, from Bluff Island and becomes awash at
extreme high water. Chart includes all adjacent ledges and rocks not
covered at low water (Approx. Long. 132[deg]50' W, Lat. 56[deg]10' N).
(H) Low Point and Zarembo Island, Alaska, are shown on U.S. Coast
and Geodetic Survey Chart No. 8160--Sheet No. 22. The location begins
at a point on a low-water line that is 760 feet in a direct line,
easterly, from the center of Low Point Beacon. The position is located
on a point of shoreline about 1 mile easterly from Low Point; thence S.
35[deg] W, true 760 feet; thence N 800 feet and W 760 feet, more or
less, to an intersection with the low-water line to the point of
beginning (Approx. Long. 132[deg]55\1/2\' W, Lat. 56[deg]27\1/2\' N).
(I) McNamara Point and Zarembo Island, Alaska, are shown on U.S.
Coast and Geodetic Survey Chart No. 8160--Sheet No. 25. Location begins
at a point on a low-water line that is 1,520 feet in a direct line,
northerly, from McNamara Point Beacon-- a slatted tripod structure;
thence true east 1,520 feet; thence true south, more or less, 2,500
feet to an intersection with the low-water line; thence northwesterly
and northerly following the windings of the low-water line to the point
of the beginning (Approx. Long. 133[deg]04' W, Lat. 56[deg]20' N).
(J) Mountain Point and Wrangell Narrows, Alaska, are shown on the
U.S. Coast and Geodetic Survey Chart No. 8170--Sheet No. 27. The
location begins at a point on a low-water line southerly from the
center of Mountain Point Beacon and distant there from 1,520 feet in a
direct line; thence true west 1,520 feet; thence true north, more or
less, 3,480 feet to an intersection with the low-water line; thence
southeasterly and southerly following the windings of the low-water
line to the point of the beginning (Approx. Long. 132[deg]57\1/2\' W,
Lat. 56[deg]44' N).
(K) Angle Point, Revillagigedo Channel, and Bold Island are shown
on the U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The
reference location is marked as 76 south, 92 east, CRM, USS 1603. The
location begins at a point on a low-water line abreast of the
lighthouse on Angle Point, the southwestern extremity of Bold Island;
thence easterly along the low-water line to a point that is 3,040 feet
in a straight line from the beginning point; thence N 30[deg] W, True
3,040 feet; thence true west to an intersection with the low-water
line, 3,000 feet, more or less; thence southeasterly along the low-
water line to the point of the beginning (Approx. Long. 131[deg]26' W,
Lat. 55[deg]14' N).
(L) Cape Chacon, Dixon Entrance, and Prince of Wales Island are
shown on the U.S Coast and Geodetic Survey Chart No. 8074--Sheet No.
29. The reference location is marked as 83 south, 89 and 90 east, CRM,
USS 1608. The location begins at a point at the low-water mark on the
shore line of Dixon Entrance from which the southern extremity of Cape
Chacon bears south 64[deg] true East and approximately \3/4\ nautical
miles; thence N 45[deg] true East and about 1 nautical mile, more or
less, to an intersection with a low-water line on the shore of Clarence
Strait; thence southerly, following the meanderings of the low-water
line of the shore, to and around Cape Chacon, and continuing to the
point of the beginning. Reference includes all adjacent islands,
islets, rocks, and reefs that are not covered at the low-water line
(Approx. Long 132[deg] W, Lat. 54[deg]42' N).
(M) Lewis Reef and Tongass Narrows are shown on the U.S Coast and
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is
marked as 75 south, 90 east, CRM, SEC 9. The area point begins at the
reef off of Lewis
[[Page 23819]]
Point and partly bare at low water. This part of the reef is not
covered at low water and lies on the northeast side of a true
northwest-and-southeast line that is located 300 feet true southwest
from the center of the concrete pier of Lewis Reef Light (Approx. Long.
131[deg]44\1/2\' W, Lat. 55[deg]22'25'' N).
(N) Lyman Point and Clarence Strait are shown on the U.S Coast and
Geodetic Survey, Chart No. 8076--Sheet No. 8. The reference location is
marked as 73 south, 86 east, CRM, SEC 13, on a map labeled as USS 2174
TRC. It begins at a point at the low-water mark. The aforementioned
point is 300 feet in a direct line easterly from Lyman Point light;
thence due south 300 feet; thence due west to a low-water mark 400
feet, more or less; thence following the winding of the low-water mark
to place of beginning (Approx. Long. 132[deg]18' W, Lat. 35[deg]35' N).
(O) Narrow Point, Clarence Strait, and Prince of Wales Island are
shown on the U.S. Coast and Geodetic Survey Chart No. 8100--Sheet No.
9. The reference location is marked as 70 south, 84 east, CRM, on a map
labeled as USS 1628. The point begins at a point on a low-water line
about 1 nautical mile southerly from Narrow Point Light, from which
point a left tangent to a high-water line of an islet about 500 yards
in diameter and about 300 yards off shore, bears south 30[deg] true
East; thence north 30[deg] W, true 7,600 feet; thence N 60[deg] E,
3,200 feet, more or less to an intersection with a low-water line;
thence southeasterly, southerly, and southwesterly, following the
winding of the low-water line to the point of the beginning. The map
includes all adjacent rocks not covered at low water (Approx. Long.
132[deg]28' W, Lat. 55[deg]47\1/2\' N).
(P) Niblack Point, Cleveland Peninsula, and Clarence Strait,
Alaska, are shown on the U.S. coast and Geodetic Survey Chart No.
8102--Sheet No. 6, which is the same sheet used for Caamano Point. The
location begins at a point on a low-water line from which Niblack Point
Beacon, a tripod anchored to three concrete piers, bears southeasterly
and is 1,520 feet in a direct line; thence true northeast 1,520 feet;
thence true southeast 3,040 feet; thence true southwest at 600 feet,
more or less, to an intersection with a low-water line; thence
northwesterly following the windings of the low-water line to the point
of the beginning (Approx. Long. 132[deg]07' W, Lat. 55[deg]33' N).
(Q) Rosa Reef and Tongass Narrows are shown on the U.S. Coast and
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is
marked as 74 south, 90 east, CRM, SEC 31. That part of the reef is not
covered at low water and lies east of a true north-and-south line,
located 600 feet true west from the center of the concrete pier of Rosa
Reef Light. The reef is covered at high water (Approx. Long.
131[deg]48' W, Lat. 55[deg]24' 15'' N).
(R) Ship Island and Clarence Strait are shown on the U.S. Coast and
Geodetic Survey Chart No. 8100--Sheet No. 9. The reference location is
marked as south, 8 east, CRM, SEC 27. The point begins as a small
island on the northwesterly side of the Clarence Strait, about 10
nautical miles northwesterly from Caamano Point and \1/4\ mile off the
shore of Cleveland Peninsula. The sheet includes all adjacent islets
and rocks not connected to the main shore and not covered at low water
(Approx. Long. 132[deg]12' W, Lat. 55[deg]36' N).
(S) Spire Island Reef and Revillagigedo Channel are shown on the
U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The
reference location is marked as 76 south, 92 east, CRM, SEC 19.The
detached reef, covered at high water and partly bare at low water, is
located northeast of Spire Island. Spire Island Light is located on the
reef and consists of small houses and lanterns surmounting a concrete
pier. See chart for ``Angle Pt.'' (Approx. Long 131[deg]30' W, Lat.
55[deg]16' N).
(T) Surprise Point and Nakat Inlet are shown on the U.S. Coast and
Geodetic Survey Chart No. 8051--Sheet No. 1. The reference location is
marked as 80 south, 89 east, CRM. This point lies north of a true east-
and-west line. The true east-and-west line lies 3,040 feet true south
from the northernmost extremity of the point together with adjacent
rocks and islets (Approx. Long. 130[deg]44' W, Lat. 54[deg]49' N).
(U) Caamano Point, Cleveland Peninsula, and Clarence Strait,
Alaska, are shown on the U.S. Coast and Geodetic Survey Chart No.
8102--Sheet No. 6. Location consists of everything apart of the extreme
south end of the Cleveland Peninsula lying on a south side of a true
east-and-west line that is drawn across the point at a distance of 800
feet true north from the southernmost point of the low-water line. This
includes off-lying rocks and islets that are not covered at low water
(Approx. Long. 131[deg]59' W, Lat. 55[deg]30' N).
(V) Meyers Chuck and Clarence Strait, Alaska, are shown on the U.S.
and Geodetic Survey Chart No. 8124--Sheet No. 26. The small island is
about 150 yards in diameter and located about 200 yards northwest of
Meyers Island (Approx. Long. 132[deg]16' W, Lat. 55[deg]44\1/2\' N).
(W) Round Island and Cordova Bay, Alaska, are shown on the U.S
coast and Geodetic Survey Chart No. 8145--Sheet No. 36. The
Southwestern Island of the group is about 700 yards
long, including off-lying rocks and reefs that are not covered at
low water (Approx. Long. 132[deg]30\1/2\' W, Lat. 54[deg]46 1/2' N).
(X) Mary Island begins at a point that is placed at a low-water
mark. The aforementioned point is southward 500 feet from a crosscut on
the side of a large rock on the second point below Point Winslow and
Mary Island; thence due west \3/4\ mile, statute; thence due north to a
low-water mark; thence following the winding of the low water to the
place of the beginning (Approx. Long. 131[deg]11' 00'' W, Lat.
55[deg]05' 55'' N).
(Y) Tree Point starts a point of a low-water mark. The
aforementioned point is southerly \1/2\ mile from extreme westerly
point of a low-water mark on Tree Point, on the Alaska Mainland; thence
due true east, \3/4\ mile; thence due north 1 mile; thence due west to
a low-water mark; thence following the winding of the low-water mark to
the place of the beginning (Approx. Long. 130[deg]57' 44'' W, Lat.
54[deg]48' 27'' N).
* * * * *
Dated: April 20, 2018.
David E. Schmid,
Acting Regional Forester, USDA-Forest Service.
Dated: May 15, 2018.
David L. Bernhardt,
Deputy Secretary. Fish and Wildlife Service.
[FR Doc. 2018-10938 Filed 5-22-18; 8:45 am]
BILLING CODE 4310-55-P; 3411-15-P
