[Federal Register: August 1, 2006 (Volume 71, Number 147)]
[Rules and Regulations]
[Page 43368-43370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au06-14]
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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--Copper, Unalakleet, and Yukon Rivers
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 Chinook salmon escapement in the
Unalakleet River, and to provide additional subsistence harvest
opportunities for Chinook salmon in the Yukon River and for sockeye
salmon in the Copper River. The revised fishing schedule for the
Chitina Subdistrict of the Copper River, the additional fishing time on
the Yukon River, and the closure of the Unalakleet River provide
exceptions to the Subsistence Management Regulations for Public Lands
in Alaska, published in the Federal Register on March 29, 2006. Those
regulations established seasons, harvest limits, methods, and means
relating to the taking of fish and shellfish for subsistence uses
during the 2006 regulatory year.
DATES: The latest fishing schedule for the Chitina Subdistrict of the
Upper Copper River District is effective July 11, 2006, through
September 1, 2006. The closure of the Unalakleet River is effective
July 10, 2006, through August 1, 2006. Drift gillnet fishing in
Subdistricts 4B and 4C of the Yukon River is effective from noon, July
13, 2006, to midnight, July 14, 2006.
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 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 2006 fishing seasons, harvest limits, and methods and means
were published on March 29, 2006 (71 FR 15569). 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 Fisheries (BOF), manages sport, commercial,
personal use, and State subsistence harvest on all lands and waters
throughout Alaska.
[[Page 43369]]
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 Actions
These actions are authorized and in accordance with 50 CFR
100.19(d-e) and 36 CFR 242.19(d-e).
Copper River--Chitina Subdistrict
In December 2001, the Board adopted regulatory proposals
establishing a new Federal subsistence fishery in the Chitina
Subdistrict of the Copper River. This fishery is open to Federally
qualified users having customary and traditional use of salmon in this
Subdistrict. The State conducts a personal use fishery in this
Subdistrict that is open to all Alaska residents.
Management of the fishery is based on the numbers of salmon
returning to the Copper River. A larger than predicted salmon run will
allow additional fishing time. A smaller than predicted run will
require restrictions to achieve upriver passage and spawning escapement
goals. A run that approximates the pre-season forecast will allow
fishing to proceed on a schedule similar to the pre-season schedule,
with some adjustments made to fishing time based on in-season data.
Adjustments to the preseason schedule are expected as a normal function
of an abundance-based management strategy. State and Federal managers,
reviewing and discussing all available in-season information, will make
these adjustments.
While Federal and State regulations currently differ for this
Subdistrict, the Board indicated that Federal in-season management
actions regarding fishing periods were expected to mirror State
actions. The State established a preseason schedule of allowable
fishing periods based on daily projected sonar estimates. The preseason
schedule was intended to distribute the harvest throughout the salmon
run and provide salmon for upriver subsistence fisheries and the
spawning escapement.
This action extends the open periods for the taking of salmon in
the Chitina Subdistrict of the Copper River. During June 26-July 9,
there were 131,592 salmon counted past the Miles Lake sonar. The
preseason projection for this period was 104,277 salmon, which results
in 27,315 more salmon than projected. Copper River sockeye salmon
migratory timing and the previous 5-year average harvest and
participation rates indicate sufficient numbers of salmon available to
allow additional fishing time. Shown below are the fishing schedule
openings for the Chitina Subdistrict of the Copper River:
Monday, July 3, 12:01 a.m.-Sunday, July 9, 11:59 p.m.
Monday, July 10, 12:01 a.m.-Sunday, July 16, 11:59 p.m.
Monday, July 17, 12:01 p.m.-Sunday, July 23, 11:59 p.m.
Monday, July 24, 12:01 a.m.-Saturday, September 30, 11:59 p.m.
Depending on actual numbers of salmon passing the Miles Lake sonar,
future openings may be increased or decreased, accordingly. State
personal use and Federal subsistence fisheries in this Subdistrict
close simultaneously by regulation on September 30, 2006. No deviation
from this date is currently anticipated.
Unalakleet River
This seasonal adjustment closes the Federal waters of the
Unalakleet River to the taking of Chinook salmon for a specified time
period as identified below, and prohibits the use of all subsistence
fishing methods except for beach seining. The total returns of Chinook
salmon in eastern Norton Sound are very low, and returns have dropped
off markedly rather than building. The escapement goal for Chinook
salmon passing the North River tower project is 1,200-2,600 Chinook
salmon with the midpoint of the run coming about July 10. As of July
10, 2006, only 350 Chinook salmon have been counted at the North River
tower. The escapement goal for Chinook salmon has not been met at North
River for the last 2 years, and there were at least 200 more Chinook
salmon past the tower by July 7 in those previous years.
The Board, acting through the in-season manager, has therefore
closed all waters of the Unalakleet River to the taking of Chinook
salmon from 8 p.m., Monday, July 10, 2006 through 12:01 a.m., August 1,
2006, and prohibited the use of all subsistence fishing methods except
for beach seining. Concurrent action was being taken by ADF&G to
prohibit harvest of Chinook salmon by all other all users. Very strong
runs of pink and chum salmon will greatly help to offset the
subsistence restriction that prohibits the retention of Chinook salmon.
This action will still allow beach seining, which is a favored method
of harvesting pink salmon, while closing subsistence harvest methods
most likely to cause Chinook salmon mortality. The action will be
lifted when coho salmon reach Federal waters and the Chinook salmon
harvest is no longer a concern.
Yukon River
The 2006 Yukon River Chinook salmon return appears to be less than
average but somewhat better than the 2005 return. All indexes project
that the Chinook salmon escapement into the Alaska portion of the Yukon
River drainage should be met and that sufficient fish should be
available for subsistence fishing opportunities. It is also projected
that the passage across the border into Canada will provide for a
normal Canadian aboriginal harvest as well as the interim escapement
goal of 28,000 salmon.
During the Yukon River Drainage Fisheries Association weekly
teleconference on July 4, 2006, State and Federal management staff
heard from users that poor weather (rain and wind), high water, and
high gas prices were limiting fishing opportunities. These conditions
combined with the late run timing (approximately 5 days), compressed
entry pattern, and only three pulse groups of fish are heightening
upriver fishers' concern for their ability to meet their harvest goals
this year. In response to these concerns, both ADF&G and FWS managers
agreed jointly to liberalize the District 4 subsistence fishing
schedule.
The Federal Subsistence Board adopted the expansion of the
subsistence drift gillnet Chinook salmon fishery in the middle Yukon
River to help reduce overcrowding in the river and help rural residents
meet their subsistence goals in a more efficient manner. Extending the
normal weekly 18-hour period to 36 hours, preceding the normal calendar
date closing of July 14, is warranted due to the fishing conditions
this year and is consistent with the initial regulatory intent of the
Board. This action was discussed with the State managers prior to
implementation.
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 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
[[Page 43370]]
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.
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
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 (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 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 boat, fishing gear, and gasoline 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 under 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 Peter J.
Probasco, of the Office of Subsistence Management, Alaska Regional
Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Chuck
Ardizzone, Alaska State Office, Bureau of Land Management; Jerry Berg,
Alaska Regional Office, U.S. Fish and Wildlife Service; Nancy Swanton,
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: July 17, 2006.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: July 20, 2006.
Steve Kessler,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. E6-12300 Filed 7-31-06; 8:45 am]
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