[Federal Register: October 31, 2001 (Volume 66, Number 211)]
[Rules and Regulations]
[Page 54934-54936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc01-13]
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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; Emergency Closures--Redoubt and Salmon Lakes Drainages
AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Emergency closures.
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SUMMARY: This provides notice of the Federal Subsistence Board's in-
season management actions to protect sockeye salmon escapement in the
Redoubt and Salmon Lakes drainages. These regulatory adjustments and
the closures provide an exception to the Subsistence Management
Regulations for Public Lands in Alaska, published in the Federal
Register on February 13, 2001. Those regulations established seasons,
harvest limits, methods, and means relating to the taking of fish and
shellfish for subsistence uses during the 2001 regulatory year.
DATES: This closure was effective July 13, 2001, through August 31,
2001.
FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence
Management, U.S. Fish and Wildlife Service, telephone (907) 786-3888.
For questions specific to National Forest System lands, contact Ken
Thompson, 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 2001 fishing seasons, harvest limits, and methods and means
were published on February 13, 2001, (66 FR 10142). Because this rule
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. 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 emergency closures were necessary because of predictions of
extremely weak returns of sockeye salmon in the Redoubt and Salmon
Lakes drainages. These emergency actions are authorized and in
accordance with 50 CFR 100.19(d) and 36 CFR 242.19(d).
Redoubt Lake Drainage
Since the projected escapement was well below desirable levels for
Redoubt Lake, the system was closed to provide for spawning escapement
needs. The total return to July 11, 2001, was 1,089 sockeye. Usually
16% of the run returned to the lake by that time. The projected
escapement is 7,571 fish for the 2001 season. This projection
represents 21% of the average escapement of 36,000 sockeye during the
period 1989-1999
Salmon Lake Drainage
Salmon Lake was closed since returns were low, and to avoid
excessive harvest effort for this relatively small sockeye population.
Closure of the nearby Redoubt Lake system could displace harvest effort
in the Sitka Sound area to Salmon Lake. The total escapement to July
11, 2001, was 320 at Salmon Lake. Past subsistence harvest for Salmon
Lake has ranged from zero
[[Page 54935]]
to 353 sockeye salmon since monitoring began in 1985.
On July 11, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
sockeye salmon closure in the Redoubt and Salmon Lakes drainages for
the period from July 13, 2001, through August 31, 2001. This action was
necessary due to low sockeye returns.
This regulatory action was necessary to assure the continued
viability of the sockeye salmon runs and provide a long-term
subsistence priority during a period of limited harvest opportunity.
This closure brought the Federal subsistence fishing regulations in
line with the similar ADF&G action for unified management and minimized
confusion under the dual management system.
The Board finds that additional public notice and comment
requirements under the Administrative Procedure Act (APA) for this
emergency closure is impracticable, unnecessary, and contrary to the
public interest. Lack of appropriate and immediate conservation
measures could seriously affect the continued viability of fish
populations, 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 this action and pursuant to 5 U.S.C. 553(d)
to make this effective as indicated in the DATES section.
Conformance With Statutory and Regulatory Authorities
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) signed April 6, 1992. The
final rule for Subsistence Management Regulations for Public Lands in
Alaska, Subparts A, B, and C (57 FR 22940-22964, 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).
Compliance With 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 emergency closure does not contain information collection
requirements subject to Office of Management and Budget (OMB) approval
under the Paperwork Reduction Act of 1995.
Other Requirements
The emergency closure 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 boat, fishing tackle, and gasoline dealers. The number of small
entities affected is unknown; but, the effects will be seasonally and
geographically-limited in nature and will likely not be significant.
The Departments certify that the emergency closure will not have a
significant economic effect on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act.
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 emergency
closure has 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 emergency closure
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 emergency closure 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 emergency closure
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment. Title VIII of ANILCA precludes
the State from exercising 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 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
William 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; Rod Simmons,
Alaska Regional Office, U.S. Fish and Wildlife Service; Bob Gerhard,
Alaska Regional Office, National Park Service; Ida Hildebrand, Alaska
Regional Office, Bureau of Indian Affairs; and Ken Thompson, 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.
[[Page 54936]]
Dated: October 4, 2001.
Kenneth E. Thompson,
Subsistence Program Leader, USDA-Forest Service.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 01-27342 Filed 10-30-01; 8:45 am]
BILLING CODE 3410-11-P and 4310-55-P
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