[Federal Register: May 19, 2004 (Volume 69, Number 97)]
[Rules and Regulations]               
[Page 28847-28848]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 28847]]



Forest Service

36 CFR Part 242


Fish and Wildlife Service

50 CFR Part 100

Subsistence Management Regulations for Public Lands in Alaska, 
Subpart D; Stikine River

AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.

ACTION: Seasonal adjustment.


SUMMARY: This provides notice of the Federal Subsistence Board's action 
in the Stikine River to provide for a subsistence harvest opportunity. 
These actions provide an exception to the Subsistence Management 
Regulations for Public Lands in Alaska, published in the Federal 
Register on February 3, 2004. Those regulations established seasons, 
harvest limits, and methods relating to the taking of fish and 
shellfish for subsistence uses during the 2004 regulatory year.

DATES: The action for the Stikine River sockeye fishery described in 
this document is effective July 1, 2004, through July 31, 2004.

FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence 
Management, U.S. Fish and Wildlife Service, telephone (907) 786-3888. 
For questions specific to National Forest System lands, contact Steve 
Kessler, Subsistence Program Leader, USDA--Forest Service, Alaska 
Region, telephone (907) 786-3592.



    Title VIII of the Alaska National Interest Lands Conservation Act 
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the 
Interior and the Secretary of Agriculture (Secretaries) implement a 
joint program to grant a preference for subsistence uses of fish and 
wildlife resources on public lands in Alaska, unless the State of 
Alaska enacts and implements laws of general applicability that are 
consistent with ANILCA and that provide for the subsistence definition, 
preference, and participation specified in Sections 803, 804, and 805 
of ANILCA. In December 1989, the Alaska Supreme Court ruled that the 
rural preference in the State subsistence statute violated the Alaska 
Constitution and, therefore, negated State compliance with ANILCA.
    The Department of the Interior and the Department of Agriculture 
(Departments) assumed, on July 1, 1990, responsibility for 
implementation of Title VIII of ANILCA on public lands. The Departments 
administer Title VIII through regulations at Title 50 Part 100 and 
Title 36 Part 242 of the Code of Federal Regulations (CFR). Consistent 
with Subparts A, B, and C of these regulations, as revised January 8, 
1999 (64 FR 1276), the Departments established a Federal Subsistence 
Board to administer the Federal Subsistence Management Program. The 
Board's composition includes a Chair appointed by the Secretary of the 
Interior with concurrence of the Secretary of Agriculture; the Alaska 
Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional 
Director, National Park Service; the Alaska State Director, Bureau of 
Land Management; the Alaska Regional Director, Bureau of Indian 
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through 
the Board, these agencies participate in the development of regulations 
for Subparts A, B, and C, which establish the program structure and 
determine which Alaska residents are eligible to take specific species 
for subsistence uses, and the annual Subpart D regulations, which 
establish seasons, harvest limits, and methods and means for 
subsistence take of species in specific areas. Subpart D regulations 
for the 2003 fishing seasons, harvest limits, and methods and means 
were published on February 3, 2004 (69 FR 5018). Because this rule 
relates to public lands managed by an agency or agencies in both the 
Departments of Agriculture and the Interior, identical closures and 
adjustments would apply to 36 CFR part 242 and 50 CFR part 100.
    The Alaska Department of Fish and Game (ADF&G), under the direction 
of the Alaska Board of Fisheries (BOF), manages sport, commercial, 
personal use, and State subsistence harvest on all lands and waters 
throughout Alaska. However, on Federal lands and waters, the Federal 
Subsistence Board implements a subsistence priority for rural residents 
as provided by Title VIII of ANILCA. In providing this priority, the 
Board may, when necessary, preempt State harvest regulations for fish 
or wildlife on Federal lands and waters.
    This action is necessary to provide opportunity for subsistence 
harvest in the Stikine River. This action is authorized and in 
accordance with 50 CFR 100.19(d-e) and 36 CFR 242.19(d-e).

Stikine River

    In December 2003, the Board adopted regulatory proposals 
establishing a new Federal subsistence sockeye fishery in the Stikine 
River. This fishery is open to Federally qualified users having 
customary and traditional use of salmon. Notification of and 
implementation of this action were delayed pending coordination with 
the Pacific Salmon Commission.
    The following stipulations will apply to this new fishery:
    In the mainstem of the Stikine River:
    (A) You may take sockeye salmon under the authority of a Federal 
subsistence fishing permit issued by the USDA Forest Service for the 
Stikine River. Each Stikine River permit will be issued to a household 
and will be valid for 15 days. Permits may be revalidated for 
additional 15-day periods.
    (B) The total annual guideline harvest level for the Stikine River 
fishery is 600 sockeye salmon.
    (C) You may take sockeye salmon from July 1 through July 31. The 
annual limit is 40 sockeye salmon per household. Only dipnets, spears, 
gaffs, rod and reel, beach seine, or gillnet not exceeding 15 fathoms 
in length with mesh size no larger than 5\1/2\ inches may be used.
    (D) You may retain other salmon taken incidentally by gear operated 
under terms of this permit. The incidentally taken salmon must be 
reported on your permit calendar.
    The Board finds that additional public notice and comment 
requirements under the Administrative Procedure Act (APA) for these 
adjustments are impracticable, unnecessary, and contrary to the public 
interest. Lack of appropriate and immediate conservation measures could 
adversely impact subsistence opportunities for rural Alaskans, and 
would generally fail to serve the overall public interest. Therefore, 
the Board finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive 
additional public notice and comment procedures prior to implementation 
of this action and pursuant to 5 U.S.C. 553(d)(3) to make this action 
effective as indicated in the DATES section.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Final Environmental Impact Statement (FEIS) was published on 
February 28, 1992, and a Record of Decision on Subsistence Management 
for Federal Public Lands in Alaska (ROD) was signed April 6, 1992. The

[[Page 28848]]

final rule for Subsistence Management Regulations for Public Lands in 
Alaska, Subparts A, B, and C (57 FR 22940, published May 29, 1992), 
implemented the Federal Subsistence Management Program and included a 
framework for an annual cycle for subsistence hunting and fishing 
regulations. A final rule that redefined the jurisdiction of the 
Federal Subsistence Management Program to include waters subject to the 
subsistence priority was published on January 8, 1999 (64 FR 1276).

Compliance With Section 810 of ANILCA

    The intent of all Federal subsistence regulations is to accord 
subsistence uses of fish and wildlife on public lands a priority over 
the taking of fish and wildlife on such lands for other purposes, 
unless restriction is necessary to conserve healthy fish and wildlife 
populations. A Section 810 analysis was completed as part of the FEIS 
process. The final Section 810 analysis determination appeared in the 
April 6, 1992, ROD, which concluded that the Federal Subsistence 
Management Program, under Alternative IV, with an annual process for 
setting hunting and fishing regulations, may have some local impacts on 
subsistence uses, but the program is not likely to significantly 
restrict subsistence uses.

Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and assigned 
OMB control number 1018-0075, which expires August 31, 2006. We may not 
conduct or sponsor, and you are not required to respond to, a 
collection of information request unless it displays a currently valid 
OMB control number.

Other Requirements

    The action has been exempted from OMB review under Executive Order 
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires preparation of flexibility analyses for rules that will have a 
significant effect on a substantial number of small entities, which 
include small businesses, organizations, or governmental jurisdictions. 
The exact number of businesses and the amount of trade that will result 
from this Federal land-related activity is unknown. The aggregate 
effect is an insignificant economic effect (both positive and negative) 
on a small number of small entities supporting subsistence activities, 
such as boat, fishing gear, and gasoline dealers. The number of small 
entities affected is unknown; but, the effects will be seasonally and 
geographically limited in nature and will likely not be significant. 
The Departments certify that the action will not have a significant 
economic effect on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act. Under the Small Business 
Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule 
is not a major rule. It does not have an effect on the economy of $100 
million or more, will not cause a major increase in costs or prices for 
consumers, and does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
    Title VIII of ANILCA requires the Secretaries to administer a 
subsistence preference on public lands. The scope of this program is 
limited by definition to certain public lands. Likewise, the action has 
no potential private property takings implications as defined by 
Executive Order 12630.
    The Service has determined and certifies pursuant to the Unfunded 
Mandates Reform Act, 2 U.S.C. 1502 et seq., that the action will not 
impose a cost of $100 million or more in any given year on local or 
State governments or private entities. The implementation is by Federal 
agencies, and no cost is involved to any State or local entities or 
Tribal governments.
    The Service has determined that the action meets the applicable 
standards provided in Sections 3(a) and 3(b)(2) of Executive Order 
12988, regarding civil justice reform.
    In accordance with Executive Order 13132, the action does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. Title VIII of ANILCA precludes the State from 
exercising subsistence management authority over fish and wildlife 
resources on Federal lands. Cooperative salmon run assessment efforts 
with ADF&G will continue.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
have evaluated possible effects on Federally recognized Indian tribes 
and have determined that there are no effects. The Bureau of Indian 
Affairs is a participating agency in this rulemaking.
    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, or 
use. This Executive Order requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. As this action is not 
expected to significantly affect energy supply, distribution, or use, 
it is not a significant energy action and no Statement of Energy 
Effects is required.

Drafting Information

    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; Rod Simmons, 
Alaska Regional Office, U.S. Fish and Wildlife Service; Bob Gerhard, 
Alaska Regional Office, National Park Service; Dr. Glenn Chen, Alaska 
Regional Office, Bureau of Indian Affairs; and Steve Kessler, USDA-
Forest Service, provided additional guidance.

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.

    Dated: April 30, 2004.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
    Dated: April 29, 2004.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 04-11281 Filed 5-18-04; 8:45 am]