[Federal Register: August 29, 2005 (Volume 70, Number 166)]

[Proposed Rules]               

[Page 50999-51000]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]





Forest Service

36 CFR Part 242


Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AT81


Subsistence Management Regulations for Public Lands in Alaska, 

Subpart A

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


ACTION: Proposed Rule: Notice of availability of supplemental 

information and reopening of the comment period.


SUMMARY: On December 8, 2004, we, the Federal Subsistence Board, 

published a proposed rule to revise and clarify the jurisdiction of the 

Federal Subsistence Management Program in coastal areas in southwestern 

Alaska. This rulemaking is necessary in order to exclude numerous 

saltwater embayments within National Wildlife Refuge boundaries that 

were never intended to fall under the jurisdiction of the Federal 

Subsistence Management Program. We are now reopening the comment period 

for this rulemaking action because of newly available maps of the 

specific embayments in southwestern Alaska to be excluded from the 

jurisdiction of the Federal Subsistence Management Program. If you have 

already commented on the proposed rule and have no additional comments 

to make as a result of viewing the newly available maps, then you do 

not need to resubmit your comment(s), as they will

[[Page 51000]]

be fully considered in the final determination.

DATES: We must receive your written public comments on this proposed 

rule no later than October 21, 2005.

ADDRESSES: Please submit comments electronically to 

Subsistence@fws.gov. See ``Viewing Documents'' and ``Public Comment'' 

under SUPPLEMENTARY INFORMATION for information about viewing the maps 

and electronic filing of your comments. You may also submit written 

comments to the Office of Subsistence Management, 3601 C Street, Suite 

1030, Anchorage, Alaska 99503.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of 

Subsistence Management; (907) 786-3888. For questions specific to 

National Forest System lands, contact Steve Kessler, Regional 

Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 




    Federal Subsistence Management Regulations (50 CFR 100.3 and 36 CFR 

242.3) currently specify that they apply on ``all navigable and non-

navigable waters within the exterior boundaries * * *'' of the parks, 

refuges, forests, conservation areas, recreation areas, and Wild and 

Scenic Rivers. This includes, within National Wildlife Refuge 

boundaries, hundreds of thousands of acres of saltwater embayments that 

were not withdrawn prior to Statehood and thus where the current 

regulations exert jurisdiction. During the early interagency 

discussions relative to inclusion of fisheries management in the 

Federal Subsistence Management Program, there does not appear to have 

been any intention to specifically extend Federal jurisdiction to 

various embayments where there was no pre-Statehood withdrawal of 

submerged lands and waters.

    On December 8, 2004, the Secretary of the Interior and the 

Secretary of Agriculture published a proposed rule in the Federal 

Register (69 FR 70940) that, if finalized, would revise and clarify the 

jurisdiction of the Federal Subsistence Management Program in coastal 

areas of southwestern Alaska to exclude those various embayments where 

there was no pre-Statehood withdrawal of submerged lands and waters. 

During the comment period, which closed originally on January 24, 2005, 

and was extended until April 1, 2005, one commenter indicated that in 

order to make meaningful comments, the public needed to know which 

specific bays would be affected and needed access to maps of the 

affected areas. We agree and are making maps available for review and 

are reopening the comment period to accept comments on the maps as well 

as on the proposed rule (69 FR 70940).

Areas To Be Excluded From Federal Subsistence Management Program 


    Under the proposed rule, all of the following areas have been 

identified for exclusion from jurisdiction under the Federal 

Subsistence Management Program. Maps are now available for these areas.

    Within the Alaska Peninsula or Izembek National Wildlife Refuge 


Wide Bay

Agripina Bay

Kujulik Bay

Chignik Lagoon, including Mallard Duck Bay and Schooner Bay

Mud Bay

Anchorage Bay

Lake Bay

Castle Bay

Warner Bay, including Ross Cove

Devils Bay

Kuiukta Bay, including Portage Bay, Windy Bay, Foot Bay, Fishhook Bay, 

and Herring Lagoon

Mitrofania Bay, including Fishrack Bay

Ivanof Bay

Boulder Bay

Fox Bay

American Bay

Albatross Anchorage

Pavlof Bay, including Canoe Bay, Jackson Lagoon, and Chinaman Lagoon

Long John Lagoon

Dushkin Lagoon

Bear Bay

Cold Bay, including Lenard Harbor, Nurse Lagoon, and Kinzarof Lagoon

Morzhovoi Bay, including Littlejohn Lagoon

Traders Cove

Bechevin Bay, including Hotsprings Bay

Herendeen Bay, including Mine Harbor

Port Moller, including Mud Bay, Right Head, and Left Head

    Within Togiak National Wildlife Refuge boundaries:

Tvativak Bay

Kulukak Bay

Metervik Bay

    Within the Yukon Delta National Wildlife Refuge boundaries:

Kangirlvar Bay, including Toksook Bay

Hazen Bay

Hooper Bay

Kokechik Bay

Viewing Documents

    To view maps, go to the Office of Subsistence Management Web site 

at http://alaska.fws.gov/asm/home.html. If you do not have access to 

the internet, you may contact the Office of Subsistence Management at 

the address and phone number shown at FOR FURTHER INFORMATION CONTACT 

and we will send the maps to you.

Public Comment

    Electronic filing of comments (preferred method): Please submit 

electronic comments and other data to Subsistence@fws.gov. Please 

submit as either WordPerfect or MS Word files, avoiding the use of any 

special characters and any form of encryption.

    Our practice is to make comments, including names and home 

addresses of respondents, available for public review during regular 

business hours. Individual respondents may request that we withhold 

their home address from the rulemaking record, which we will honor to 

the extent allowable by law. In some circumstances, we would withhold 

from the rulemaking record a respondent's identity, as allowable by 

law. If you wish for us to withhold your name and/or address, you must 

state this prominently at the beginning of your comment. We will make 

all submissions from organizations or businesses, and from individuals 

identifying themselves as representatives or officials of organizations 

or businesses, available for public inspection in their entirety.

    William Knauer drafted this document under the guidance of Thomas 

H. Boyd of the Office of Subsistence Management, Alaska Regional 

Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Taylor 

Brelsford, Alaska State Office, Bureau of Land Management; Greg Bos, 

Carl Jack, and Rod Simmons, Alaska Regional Office, U.S. Fish and 

Wildlife Service; Sandy Rabinowitch, Alaska Regional Office, National 

Park Service; Warren Eastland, Pat Petrivelli, and Dr. Glenn Chen, 

Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler, 

Alaska Regional Office, USDA-Forest Service provided additional 


    Dated: July 25, 2005.

Thomas H. Boyd,

Acting Chair, Federal Subsistence Board.

    Dated: July 27, 2005.

Steve Kessler,

Subsistence Program Leader, USDA-Forest Service.

[FR Doc. 05-17080 Filed 8-26-05; 8:45 am]