[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Rules and Regulations]
[Page 48857-48860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au10-2]
=======================================================================
-----------------------------------------------------------------------
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-2010-0048; 70101-1261-0000L6]
Subsistence Management Regulations for Public Lands in Alaska,
Subpart D; Seasonal Adjustments
AGENCY: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Seasonal adjustments.
-----------------------------------------------------------------------
SUMMARY: This provides notice of the Federal Subsistence Board's
(Board) in-season management actions for the 2009-10 regulations for
taking wildlife. These actions provide exceptions to the regulations
currently in effect for Subsistence Management of Public Lands in
Alaska. Those regulations established seasons, harvest limits, and
methods and means for taking of wildlife for subsistence uses during
the 2008-09 and 2009-10 regulatory years.
DATES: The various seasonal adjustments were effective on the dates of
the applicable public notices that were advertised by mail, e-mail,
radio, newspaper, and the Federal Subsistence Management Program
(Program) Web page.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of
Subsistence Management; (907) 786-3888 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska
Region, (907) 743-9461 or skessler@fs.fed.us.
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
[[Page 48858]]
Program grants a preference for subsistence uses of fish and wildlife
resources on Federal public lands and waters in Alaska. The Secretaries
first published regulations to carry out this Program in the Federal
Register on May 29, 1992 (57 FR 22940). These regulations have
subsequently been amended several 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 242.1-28 and 50 CFR 100.1-28, 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.
Federal Subsistence Board
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Program. The
Board comprises:
Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
Alaska Regional Director, U.S. Fish and Wildlife Service;
Alaska Regional Director, U.S. National Park Service;
Alaska State Director, U.S. Bureau of Land Management;
Alaska Regional Director, U.S. Bureau of Indian Affairs;
and
Alaska Regional Forester, U.S. Forest Service.
Through the Board, these agencies participate in the development of
regulations for subparts A, B, and C, which set forth the basic
program, and they continue to work together on regularly revising the
subpart D regulations, which, among other things, set forth specific
harvest seasons and limits.
Federal Subsistence Regional Advisory Councils
In administration of the Program, Alaska is divided into 10
subsistence resource regions, each of which is represented by a
Regional Advisory Council. The Regional Advisory Councils provide a
forum for rural residents with personal knowledge of local conditions
and resources to have a meaningful role in the subsistence management
of fish and wildlife on Federal public lands in Alaska. The Regional
Advisory Council members represent diverse geographical, cultural, and
user interests within each region.
Current Management Actions
These actions provide exceptions to the Subsistence Management
Regulations for Public Lands in Alaska, announced in a final rule
published in the Federal Register June 24, 2008 (73 FR 35726), and
currently in effect. 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 mail, e-mail, radio, newspaper, and the Federal subsistence
management program webpage is then followed by notice in the Federal
Register.
Moose--Units 1B, 1C South of Point Hobart, and 3
Adjusts the harvest limit of moose by adding ``or antlers with 2
brow tines on both sides''. This action was necessary to provide the
same opportunity to federally qualified users as hunters enjoy under
State regulations.
Goat--Unit 5A, That Area Between the Hubbard Glacier and the West
Nunatak Glacier on the North and East Sides of Nunatak Fjord
Closes the subsistence hunting season to promote recovery of the
goat population. This action was necessary for conservation concerns.
Marten (Trapping)--Unit 3, Kuiu Island
Closes the subsistence trapping season to promote recovery of the
marten population. This action was necessary for conservation concerns.
Moose--Unit 5A, Except Nunatak Beach
Delegates authority to the U.S. Forest Service, Yakutat District
Ranger to establish a quota for moose and to close the season when the
quota has been filled. This action facilitates management flexibility
and responsiveness and was necessary for conservation concerns.
Caribou--Unimak Island Only
Closes the fall and winter subsistence hunting seasons to promote
recovery of the caribou population. This action was necessary for
conservation concerns.
Lynx (Trapping--Units 7 and 15)
Adjusts the season dates from January 1-31 to January 1-February
15. Local observations indicate the lynx populations are increasing.
This action provides additional opportunity to subsistence users.
Unit 18, Unit Regulations
Prohibits the possession or use of lead shot size T or smaller.
This action was necessary for conservation and public safety concerns.
Deer--Unit 4, Northeast Chichagof Controlled Use Area
Closes the harvest of female deer during the period November 14-
January 31, 2009 to maintain existing populations and preserve
reproductive potential. This action was necessary for conservations
concerns.
Musk Ox--Unit 22D, Remainder
Removes the closure on the January 15-March 15, 2010, season. A
harvest quota is in place. This action provides additional opportunity
for subsistence users.
Moose--Unit 18, Remainder
Adjusts the season dates to January 22-February 28, 2010, and
adjusts the harvest limit from one antlered bull to one moose. This
action provides additional opportunity for subsistence users from a
healthy moose population.
Moose--Unit 24B, Kanuti National Wildlife Refuge and Bureau of Land
Management (BLM) Lands
Establishes a 5-day season, March 27-31, 2010, with a harvest limit
of one bull and a harvest quota of five bull moose, and expands the
hunt area to include all Refuge and BLM lands in the unit. The refuge
manager is authorized to close the season if a cow is taken. This
action provides additional opportunity for subsistence users and should
spread the harvest over a larger area, thereby minimizing harvest
impacts.
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act
The Board finds that additional public notice and comment
requirements under the Administrative Procedure Act (5 U.S.C. 551 et
seq.) for these seasonal 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 under 5 U.S.C. 553(d)(3), to make these adjustments effective as
indicated in the DATES section.
[[Page 48859]]
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
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
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 following collections of
information associated with the subsistence regulations at 36 CFR part
242 and 50 CFR part 100: Subsistence hunting and fishing applications,
permits, and reports, Federal Subsistence Regional Advisory Council
Membership Application/Nomination and Interview Forms (OMB Control No.
1018-0075, expires January 31, 2013).
Regulatory Planning and Review (Executive Order (E.O.) 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under E.O.
12866. OMB bases its determination upon the following four criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
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 2 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.
E.O. 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 E.O. 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and certify under 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 implementation of this rule
is by Federal agencies and there is no cost imposed on any State or
local entities or tribal governments.
E.O. 12988
The Secretaries have determined that these regulations meet the
applicable standards provided in Sections 3(a) and 3(b)(2) of E.O.
12988, regarding civil justice reform.
E.O. 13132
In accordance with E.O. 13132, this rule 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 unless it meets certain requirements.
E.O. 13175
ANILCA does not specifically provide rights to tribes for the
subsistence taking of wildlife, fish, and shellfish. However, the
Secretaries have elected to provide tribes an opportunity to consult on
this rule. The Board provided a variety of opportunities for
consultation through: Proposing changes to the existing rule;
commenting on proposed changes to the existing rule; engaging in
dialogue at the Regional Advisory Council meetings; engaging in
dialogue at the Board's meetings; and providing input in person, or by
mail, e-mail, or phone, at any time during the rulemaking process.
E.O. 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.
[[Page 48860]]
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Peter J. Probasco 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;
Sandy Rabinowitch and Nancy Swanton, Alaska Regional
Office, National Park Service;
Dr. Glenn Chen and Patricia Petrivelli, Alaska Regional
Office, Bureau of Indian Affairs;
Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Steve Kessler, Alaska Regional Office, U.S. Forest
Service.
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Dated: June 29, 2010.
Polly Wheeler,
Acting Chair, Federal Subsistence Board.
Dated: June 30, 2010.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 2010-19909 Filed 8-11-10; 8:45 am]
BILLING CODE 3410-11-P, 4310-55-P