[Federal Register: April 7, 2008 (Volume 73, Number 67)]
[Rules and Regulations]
[Page 18710-18712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap08-6]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
[FWS-R7-SM-2008-0036; 70101-1261-0000L6]
Subsistence Management Regulations for Public Lands in Alaska,
Subpart D; Seasonal Adjustments
AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Seasonal adjustments; hunting seasons for caribou in Unit 9D
and female deer in Chichagof Controlled Use Area and Unit 4.
-----------------------------------------------------------------------
SUMMARY: This provides notice of the Federal Subsistence Board's in-
season management actions to protect caribou populations in Unit 9D and
female deer populations in the Northeast Chichagof Controlled Use Area
and Unit 4. These actions provide an exception to the Subsistence
Management Regulations for Public Lands in Alaska, published in the
Federal Register on December 27, 2007. Those regulations established
seasons, harvest limits, methods, and means relating to the taking of
wildlife for subsistence uses during the 2007-08 regulatory year.
DATES: The closure of the subsistence caribou hunting season in Unit 9D
is effective November 15, 2007, through March 31, 2008. The closure of
the subsistence female deer hunting season in the portion of Unit 4
known as the Northeast Chichagof Controlled Use Area (NECCUA) was
effective November 27, 2007, through January 26, 2008, and in the
entirety of Unit 4 was effective January 1 through January 31, 2008.
The Unit 4 closure beginning January 1, 2008, supersedes the NECCUA-
specific closure on January 1, 2008.
FOR FURTHER INFORMATION CONTACT: Peter J. Probasco, Office of
Subsistence Management, U.S. Fish and Wildlife Service, telephone (907)
786-3888. For questions specific to National Forest System lands,
contact Steve Kessler, Subsistence Program Manager, USDA, Forest
Service, Alaska Region, telephone (907) 786-3592.
SUPPLEMENTARY INFORMATION:
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands in Alaska, unless the State of
Alaska enacts and implements laws of general applicability that are
consistent with ANILCA and that provide for the subsistence definition,
preference, and participation specified in Sections 803, 804, and 805
of ANILCA. In December 1989, the Alaska Supreme Court ruled that the
rural preference in the State subsistence statute violated the Alaska
Constitution and therefore negated State compliance with ANILCA.
The Department of the Interior and the Department of Agriculture
(Departments) assumed, on July 1, 1990, responsibility for
implementation of title VIII of ANILCA on public lands. The Departments
administer title VIII through regulations at title 50, part 100 and
title 36, part 242 of the Code of Federal Regulations (CFR). Consistent
with subparts A, B, and C of these regulations, as revised January 8,
1999 (64 FR 1276), the Departments established a Federal Subsistence
Board to administer the Federal Subsistence Management Program. The
Board's composition includes a Chair appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture; the Alaska
Regional
[[Page 18711]]
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 2007-08 wildlife seasons, harvest limits, and
methods and means were published on December 27, 2007 (72 FR 73426).
Because this action relates to a joint program managed by an agency or
agencies in both the Departments of Agriculture and the Interior, an
identical adjustment would apply to 36 CFR part 242 and 50 CFR part
100.
The Alaska Department of Fish and Game (ADF&G) 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.
Current Management Action
These actions are authorized and in accordance with 50 CFR
100.19(d)-(e) and 36 CFR 242.19(d)-(e), which allow the Board to
restrict subsistence uses of fish or wildlife on public lands if
necessary to ensure the continued viability of a fish or wildlife
population. According to these regulations, temporary changes directed
by the Board are effective following notice in the affected areas. Such
notice via newspapers or local radio stations is then followed by
notice in the Federal Register.
Caribou--Unit 9D
The Federal Subsistence Board closed the winter (November 15, 2007,
through March 31, 2008) subsistence caribou hunting season on Federal
public lands in Unit 9D. Current surveys of the Southern Alaska
Peninsula Caribou Herd (SAPCH) in Unit 9D have shown a marked decrease
in both the size of the population and calf recruitment. The intent of
this in-season adjustment is to prevent additional mortality of this
caribou herd caused by human harvest. On July 17, 2007, the ADF&G
issued Emergency Order No. 02-02-07 to announce the closure of the
State's resident hunting seasons for caribou in Unit 9D. On July 30,
2007, the Office of Subsistence Management via delegated authority
approved a previous special action request to close the fall season
(August 1, 2007, through September 30, 2007) to the taking of caribou
in Unit 9D. Both Federal and State regulatory managers concur that the
SAPCH population decline poses a significant conservation concern that
warrants these actions. Ultimately, the intent of the closure is to
stop the population decline of the SAPCH and to provide for future
long-term subsistence use of this resource.
Female Deer--Northeast Chichagof Controlled Use Area (NECCUA)
The Federal Subsistence Board closed the subsistence female deer
hunting season on Federal public lands in the NECCUA portion of
Chichagof Island in Unit 4 for the period November 27, 2007, through
January 26, 2008. This in-season adjustment was based on conservation
concerns due to heavy snowfall and high winter deer mortality during
the 2006-2007 winter and indications of a decline in the population.
ADF&G issued an Emergency Order Closure (No. 01-06-07) for the
remainder of the State doe hunting season in the NECCUA. Because the
NECCUA is a popular hunting area for both local and non-local hunters,
in part because of the extensive road system that permits vehicle
access into all major watersheds, ADF&G is concerned that additional
doe harvest is likely to occur and will jeopardize the future
productivity and recovery of this deer population. At a meeting in
Hoonah on October 25, 2007, community residents overwhelmingly
supported both State and Federal closures of doe hunting until the
population has recovered. Because harvest in January is generally
minimal and accounts for approximately 2 percent of the total harvest,
ADF&G had less concern about the Federal season being reopened for part
of January.
Female Deer--Unit 4
The Federal Subsistence Board closed the subsistence female deer
hunting season on Federal public lands in Unit 4 in Southeast Alaska
for the period January 1, 2008, through January 31, 2008. This action
supersedes the previous action closing Federal public lands in the
NECCUA portion of Chichagof Island in Unit 4. This in-season adjustment
was based on conservation concerns due to heavy snowfall and presumed
high winter deer mortality across broad areas of Unit 4 during the
2006-2007 winter and indications of a decline in the population.
Restricting the harvest of does is necessary to diminish further
decline in the population and to allow a faster rate of recovery of the
deer populations.
Beginning on January 1 through January 31, 2008, hunters must
possess a 2008 State of Alaska hunting license and valid State of
Alaska 2007-2008 harvest ticket, reside within Unit 4 or in the
communities of Kake, Gustavus, Haines, Petersburg, Pt. Baker, Klukwan,
Port Protection, Wrangell or Yakutat; and harvest only male deer on
Federal public lands.
Conformance with Statutory and Regulatory Authorities
Administrative Procedure Act
The Board finds that additional public notice and comment
requirements under the Administrative Procedure Act (APA) for these
adjustments are impracticable, unnecessary, and contrary to the public
interest. Lack of appropriate and immediate action would generally fail
to serve the overall public interest and conflict with Section 815(3)
of ANILCA. 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 these adjustments effective as indicated in the DATES
section.
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
[[Page 18712]]
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 does not contain information collection requirements
subject to Office of Management and Budget (OMB) approval under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Federal
Agencies may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
Other Requirements
The adjustment has 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 this adjustment 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 action 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, this
adjustment has no potential takings of private property implications as
defined by Executive Order 12630.
The Secretaries have determined and certify under the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that the adjustment 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 Secretaries have determined that the adjustment 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 adjustment 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 substantial direct effects. The
Bureau of Indian Affairs is a participating agency in this action.
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
Theo Matuskowitz drafted this document under the guidance of Peter
J. Probasco of the Office of Subsistence Management, Alaska Regional
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Charles
Ardizzone, Alaska State Office, Bureau of Land Management; Sandy
Rabinowitch and Nancy Swanton, Alaska Regional Office, National Park
Service; Drs. Warren Eastland and Glenn Chen, Alaska Regional Office,
Bureau of Indian Affairs; Jerry Berg and Carl Jack, Alaska Regional
Office, U.S. Fish and Wildlife Service; and Steve Kessler, Alaska
Regional Office, USDA, Forest Service, provided additional assistance.
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Dated: February 22, 2008.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: February 22, 2008.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. E8-7180 Filed 4-4-08; 8:45 am]
BILLING CODE 3410-11-P