[Federal Register: August 29, 2005 (Volume 70, Number 166)]
[Rules and Regulations]
[Page 50978-50980]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au05-12]
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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
Subsistence Management Regulations for Public Lands in Alaska,
Subpart D; Seasonal Adjustments--Wildlife
AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Seasonal adjustments.
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SUMMARY: This provides notice of the Federal Subsistence Board's in-
season management actions to protect moose populations in Unit 22 and
caribou populations in Unit 9. These actions will provide an exception
to the Subsistence Management Regulations for Public Lands in Alaska,
published in the Federal Register on June 22, 2005. Those regulations
established seasons, harvest limits, methods, and means relating to the
taking of wildlife for subsistence uses during the 2005 regulatory
year.
DATES: The closure of the fall subsistence caribou hunting season in
parts of Unit 9 is effective August 10, 2005, through September 20,
2005. The closure of the fall subsistence moose hunting season in part
of Unit 22A is effective August 15, 2005, through September 30, 2005.
The reduced fall subsistence moose hunting season in parts of Unit 22B
and 22D is effective August 15, 2005, through September 30, 2005.
FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence
[[Page 50979]]
Management, U.S. Fish and Wildlife Service, telephone (907) 786-3888.
For questions specific to National Forest System lands, contact Steve
Kessler, Subsistence Program Manager, USDA-Forest Service, Alaska
Region, telephone (907) 786-3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands in Alaska, unless the State of
Alaska enacts and implements laws of general applicability that are
consistent with ANILCA and that provide for the subsistence definition,
preference, and participation specified in Sections 803, 804, and 805
of ANILCA. In December 1989, the Alaska Supreme Court ruled that the
rural preference in the State subsistence statute violated the Alaska
Constitution and, therefore, negated State compliance with ANILCA.
The Department of the Interior and the Department of Agriculture
(Departments) assumed, on July 1, 1990, responsibility for
implementation of title VIII of ANILCA on public lands. The Departments
administer title VIII through regulations at title 50, part 100 and
title 36, part 242 of the Code of Federal Regulations (CFR). Consistent
with Subparts A, B, and C of these regulations, as revised January 8,
1999 (64 FR 1276), the Departments established a Federal Subsistence
Board to administer the Federal Subsistence Management Program. The
Board's composition includes a Chair appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture; the Alaska
Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional
Director, National Park Service; the Alaska State Director, Bureau of
Land Management; the Alaska Regional Director, Bureau of Indian
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through
the Board, these agencies participate in the development of regulations
for Subparts A, B, and C, which establish the program structure and
determine which Alaska residents are eligible to take specific species
for subsistence uses, and the annual Subpart D regulations, which
establish seasons, harvest limits, and methods and means for
subsistence take of species in specific areas. Subpart D regulations
for the 2005 hunting seasons, harvest limits, and methods and means
were published on June 22, 2005 (70 FR 36268). Because this action
relates to public lands managed by an agency or agencies in both the
Departments of Agriculture and the Interior, identical closures and
adjustments would apply to 36 CFR part 242 and 50 CFR part 100.
The Alaska Department of Fish and Game (ADF&G), under the direction
of the Alaska Board of Game (BOG), manages sport and State subsistence
harvest on all lands 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.
These actions are authorized and in accordance with 50 CFR
100.19(d-e) and 36 CFR 242.19(d-e).
Units 9C and 9E
The Northern Alaska Peninsula Caribou Herd has declined since 1984,
from a peak population of 20,000 caribou to an estimated 1,200 caribou
in 2005. The exact reasons for the decline of the Northern Alaska
Peninsula Caribou Herd are unknown, but are believed to be related to
nutritional stress in the herd due to over-grazing of the range south
of the Naknek River, disease, predation and poor habitat conditions
throughout their entire range. This drastic population decline
represents a conservation concern. The Alaska Department of Fish and
Game has recently announced that it will not have a hunt in this area.
The Federal Subsistence Board has also closed the fall subsistence
caribou hunting season on Federal lands in Units 9C Remainder and Unit
9E on the Alaska Peninsula, effective Aug. 10, 2005.
Unit 22A
The Federal Subsistence Board has closed the fall moose hunting
season in the central portion of Unit 22A in Western Alaska, due to low
moose numbers in that area. The area affected is that portion of Unit
22A in the Unalakleet drainage and all drainages flowing into Norton
Sound north of the Golsovia drainage and south of the Tagoomenik and
Shaktoolik River drainages.
Recent moose surveys by the Bureau of Land Management and the
Alaska Department of Fish and Game indicated there were approximately
123 moose in the area, substantially below the Alaska Department of
Fish and Game's management goal of 600 to 800 moose. Low numbers of
yearling moose suggest that few moose are surviving to reproductive
age. The combination of low moose density, a declining population trend
and low numbers of yearling moose require eliminating the human harvest
to allow for conservation of the herd.
The closure aligns Federal subsistence hunting regulations with the
State's closure of the moose hunting season in the central portion of
Unit 22A.
Unit 22B and 22D
The Federal Subsistence Board has shortened the fall subsistence
moose hunting season on Federal lands in Unit 22D and in Unit 22B west
of the Darby Mountains in the Nome area. The new season dates are Sept.
1 through Sept. 14. This action is being taken to reduce hunting
pressure, due to serious concerns about declines in the moose
population in the area. The change establishes a uniform season in all
hunt areas adjacent to the Nome road system and is intended to reduce
the chances of over harvest. The Board's action follows similar action
taken by the Alaska Department of Fish and Game through Emergency Order
No. 05-02-05.
The area affected in Unit 22D is within the Kougarok, Kuzitrin and
Pilgrim river drainages and west of the Tisuk river drainage and Canyon
Creek. The harvest limit in both Unit 22D and 22B west of the Darby
Mountains remains 1 bull. The change also requires that hunters must
have a State registration permit.
The Board finds that additional public notice and comment
requirements under the Administrative Procedure Act (APA) for these
adjustments are impracticable, unnecessary, and contrary to the public
interest. Lack of appropriate and immediate conservation measures could
seriously affect the continued viability of fish populations, could
adversely impact future subsistence opportunities for rural Alaskans,
and would generally fail to serve the overall public interest.
Therefore, the Board finds good cause pursuant to 5 U.S.C. 553(b)(3)(B)
to waive additional public notice and comment procedures prior to
implementation of these actions and pursuant to 5 U.S.C. 553(d)(3) to
make this rule effective as indicated in the DATES section.
[[Page 50980]]
Conformance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Final Environmental Impact Statement (FEIS) was published on
February 28, 1992, and a Record of Decision on Subsistence Management
for Federal Public Lands in Alaska (ROD) was signed April 6, 1992. The
final rule for Subsistence Management Regulations for Public Lands in
Alaska, Subparts A, B, and C (57 FR 22940, published May 29, 1992),
implemented the Federal Subsistence Management Program and included a
framework for an annual cycle for subsistence hunting and fishing
regulations. A final rule that redefined the jurisdiction of the
Federal Subsistence Management Program to include waters subject to the
subsistence priority was published on January 8, 1999 (64 FR 1276.)
Section 810 of ANILCA
The intent of all Federal subsistence regulations is to accord
subsistence uses of fish and wildlife on public lands a priority over
the taking of fish and wildlife on such lands for other purposes,
unless restriction is necessary to conserve healthy fish and wildlife
populations. A Section 810 analysis was completed as part of the FEIS
process. The final Section 810 analysis determination appeared in the
April 6, 1992, ROD, which concluded that the Federal Subsistence
Management Program, under Alternative IV with an annual process for
setting hunting and fishing regulations, may have some local impacts on
subsistence uses, but the program is not likely to significantly
restrict subsistence uses.
Paperwork Reduction Act
The adjustment and emergency closures do not contain information
collection requirements subject to Office of Management and Budget
(OMB) approval under the Paperwork Reduction Act of 1995.
Other Requirements
The adjustments have been exempted from OMB review under Executive
Order 12866.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
The exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant economic effect (both positive and negative)
on a small number of small entities supporting subsistence activities,
such as sporting goods dealers. The number of small entities affected
is unknown; however, the effects will be seasonally and geographically
limited in nature and will likely not be significant. The Departments
certify that the adjustments will not have a significant economic
effect on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act. Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a
major rule. It does not have an effect on the economy of $100 million
or more, will not cause a major increase in costs or prices for
consumers, and does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence preference on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, the
adjustments have no potential takings of private property implications
as defined by Executive Order 12630.
The Service has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that the adjustments will
not impose a cost of $100 million or more in any given year on local or
State governments or private entities. The implementation is by Federal
agencies, and no cost is involved to any State or local entities or
Tribal governments.
The Service has determined that the adjustments meet the applicable
standards provided in Sections 3(a) and 3(b)(2) of Executive Order
12988, regarding civil justice reform.
In accordance with Executive Order 13132, the adjustments do not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment. Title VIII of ANILCA precludes the State from
exercising subsistence management authority over fish and wildlife
resources on Federal lands. Cooperative salmon run assessment efforts
with ADF&G will continue.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have determined that there are no effects. The Bureau of Indian
Affairs is a participating agency in this rulemaking.
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As these actions are
not expected to significantly affect energy supply, distribution, or
use, they are not significant energy actions and no Statement of Energy
Effects is required.
Drafting Information
Bill Knauer drafted this document under the guidance of 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, Alaska
Regional Office, U.S. Fish and Wildlife Service; Sandy Rabinowitch,
Alaska Regional Office, National Park Service; Warren Eastland, 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: August 4, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: August 4, 2005.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 05-17075 Filed 8-26-05; 8:45 am]
BILLING CODE 3410-11-P