[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Rules and Regulations]
[Page 72737-72739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de08-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 071203794-81464-02]
RIN 0648-AW36
Pacific Halibut Fisheries; Subsistence Fishing
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to amend the subsistence fishery
rules for members of an Alaska Native tribe eligible to harvest Pacific
halibut in waters in and off Alaska for customary and traditional use.
The action correctly defines the location of Village of Kanatak tribal
headquarters and International Pacific Halibut Commission (IPHC)
halibut regulatory area (Area) in which the tribe's members may
subsistence fish. The action would change the tribe's headquarters from
Egegik to Wasilla and the corresponding Area from 4E to Area 3A. The
intent of this action is to remove restrictions on participation of
Village of Kanatak tribal members in traditional subsistence fisheries
for Pacific halibut by correcting the tribe's headquarters to its
actual location in Wasilla.
DATES: Effective December 31, 2008.
ADDRESSES: Copies of the Categorical Exclusion and Regulatory Impact
Review prepared for this action, as well as the environmental
assessment prepared for the original subsistence halibut action are
available by mail from NMFS, Alaska Region, P.O. Box 21668, Juneau, AK
99802-1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS,
Alaska Region, 709 West 9\th\ Street, Room 420A, Juneau, Alaska; and
via the Internet at the NMFS Alaska Region website at http://
alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Peggy Murphy, 907-586-7843.
SUPPLEMENTARY INFORMATION: The United States and Canada participate in
the International Pacific Halibut Commission (IPHC) and promulgate
regulations governing the Pacific halibut (Hippoglossus stenolepis)
fishery under the authority of the Northern Pacific Halibut Act of 1982
(Halibut Act). Regulations governing the allocation and catch of
halibut in U.S. convention waters that are in agreement with the
[[Page 72738]]
Halibut Act may be developed by the North Pacific Fishery Management
Council (Council). Regulations recommended by the Council must be
approved by the Secretary of Commerce before being implemented through
the National Marine Fisheries Service (NMFS). The Council prepared an
environmental assessment/regulatory impact review (EA/RIR) for
subsistence halibut fisheries in January 2003 (see ADDRESSES), and NMFS
published the final rule to implement subsistence halibut regulations
on April 15, 2003 (68 FR 18145). The Alaska Native tribe, Village of
Kanatak is recognized in the regulations as an organized tribal entity
with its tribal headquarters located in Egegik, Alaska, within Area 4E.
However, the tribe's headquarters are actually located in Wasilla,
Alaska in Area 3A. The initial assignment of the tribal headquarters
location to Egegik was incorrect.
The lists of rural communities and native tribes recommended by the
Council and approved by the Secretary for subsistence fishing
eligibility were derived from positive customary and traditional
findings for halibut and bottomfish made by the Alaska State Board of
Fisheries. The Council retains exclusive authority to recommend changes
to the list of communities at Sec. 300.65(g)(1) and Alaska Native
tribes at Sec. 300.65(g)(2) with customary and traditional uses of
Pacific halibut. The Council recognized the Kanatak Tribal Council's
request to correct its fishing area because the erroneous listing
prevented some members of the Kanatak tribe from participating in
traditional subsistence fisheries except in Area 4E. The Council
responded by recommending an amendment of the regulations to change the
listing of the Village of Kanatak's headquarters from Egegik to Wasilla
and a corresponding change in the halibut regulatory area for
subsistence fishing from Area 4E to Area 3A.
This action effectively changes the restriction on individual
participation in subsistence fishing and is expected to redistribute
some of the harvesting effort of the Village of Kanatak tribal members
from Area 4E to Area 3A, and increase customary and traditional uses of
halibut by individual members of the tribe in Area 3A. Because Wasilla
is a community located in the Anchorage-Matsu-Kenai non-rural area
within Area 3A, tribal members who reside there would be required to
subsistence fish for halibut in Area 3A pursuant to Sec. 300.65(h)(4).
Area 3A is easier for tribal members to access than Area 4E, hence the
tribe's request to correct the location of its tribal headquarters in
regulations at Sec. 300.65(g)(2).
The action will also improve accuracy of current regulations, and
the quality of subsistence halibut information. Alternative actions
considered and rejected may be found in the RIR prepared for this
action. The background and need for this action were described in
further detail in the preamble to the proposed rule for this action (73
FR 45201; August 4, 2008). The RIR and proposed rule are available on
the Internet and from NMFS (see ADDRESSES).
The proposed rule was published in the Federal Register on August
4, 2008 (73 FR 45201), and the public review and comment period closed
on September 3, 2008. No comments were received, and thus no changes
have been made to the final rule from the proposed rule.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the International Pacific Halibut Commission (IPHC), the
Pacific Fishery Management Council, the North Pacific Fishery
Management Council (Council), and the Secretary of Commerce. Section 5
of the Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C.
773c) allows the Regional Council having authority for a particular
geographical area to develop regulations governing the allocation and
catch of halibut in U.S. Convention waters as long as those regulations
do not conflict with IPHC regulations. This final action is consistent
with the Council's authority to allocate the halibut resource among
fishery participants in the waters in and off Alaska.
Executive Order (E.O.) 13175 of November 6, 2000 (25 U.S.C. 450
note), the Executive Memorandum of April 29, 1994 (25 U.S.C. 450 note),
and the American Indian and Alaska Native Policy of the U.S. Department
of Commerce (March 30, 1995) outline the responsibilities of NMFS in
matters affecting tribal interests. Section 161 of Public Law 108-199
(188 Stat. 452), as amended by section 518 of Public Law 109-447 (118
Stat 3267), extends the consultation requirements of E.O. 13175 to
Alaska Native corporations. NMFS has special obligations to consult and
coordinate with tribal governments and Alaska Native Claims Settlement
Act (ANCSA) corporations on a government-to-government basis. This rule
affects individual members of the Village of Kanatak tribe, but not the
tribe itself, and the village of Kanatak is not recognized as an ANCSA
corporation. NMFS recognizes the importance of communication, and
during the process of developing the proposed action, NMFS consulted
with the Alaska Native Subsistence Halibut Working Group and the
Kanatak Tribal Administrator.
The final rule was determined to be not significant for the
purposes of E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this action, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The action directly regulates subsistence practices of individuals, and
will not apply to small entities within the meaning of the Regulatory
Flexibility Act. Because there will not be a significant impact on a
substantial number of small entities, a regulatory flexibility analysis
is not required and none was prepared.
List of Subjects for 50 CFR Part 300
Alaska, Alaska Natives, Fisheries, Fishing, Pacific halibut
fisheries, Tribes.
Dated: November 25, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, NMFS amends 50 CFR part 300 as
follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
0
1. The authority citation for 50 CFR part 300, subpart E, continues to
read as follows:
Authority: 16 U.S.C. 773-773k.
0
2. In Sec. 300.65, in paragraph (g)(2):
0
A. In the table for Halibut Regulatory Area 3A, add in alphabetical
order an entry for ``Wasilla''.
0
B. In the table for Halibut Regulatory Area 4E, revise the entry for
``Egegik''.
The addition and revision read as follows.
Sec. 300.65 Catch sharing plan and domestic management measures in
waters in and off Alaska.
* * * * *
(g) * * *
(2) * * *
Halibut Regulatory Area 3A
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Place with Tribal Headquarters Organized Tribal Entity
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* * * * * * * ...................................
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Wasilla Village of Kanatak
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* * * * * * * ...................................
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[[Page 72739]]
* * * * *
Halibut Regulatory Area 4E
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Place with Tribal Headquarters Organized Tribal Entity
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* * * * * * * ...................................
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Egegik Egegik Village
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* * * * * * * ...................................
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* * * * *
[FR Doc. E8-28461 Filed 11-28-08; 8:45 am]
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