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Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Emergency Closures and Adjustments--Yukon River Drainage
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 1, 2001 (Volume 66, Number 212)]
[Rules and Regulations]
[Page 55092-55096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no01-8]
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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 and Adjustments--Yukon River Drainage
AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.
ACTION: Emergency closures and adjustments.
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SUMMARY: This provides notice of the Federal Subsistence Board's in-
season management actions to protect chinook and chum salmon escapement
in the Yukon River drainage. 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: The twenty-eighth Yukon River drainage action is effective
September 10, 2001, through November 9, 2001, for Subdistrict 6A; and
September 11, 2001, through November 9, 2001, for Subdistrict 5A. See
SUPPLEMENTARY INFORMATION for effective dates of the fourth through
twenty-seventh Yukon River drainage actions.
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:
Previously Effective Dates
The fourth Yukon River drainage action was effective June 12, 2001,
through August 11, 2001, for Districts 1, 2, and 3. The fifth Yukon
River drainage action was effective June 13, 2001, through August 12,
2001, for District 4. The sixth Yukon River drainage action was
effective June 19, 2001, through August 18, 2001, for the Coastal
District; June 21, 2001, through August 18, 2001, for District 1; June
24, 2001, through August 18, 2001, for District 2; and June 27, 2001,
through August 18, 2001, for District 3. The seventh Yukon River
drainage action was effective June 22, 2001, through July 30, 2001, for
District 5. The eighth Yukon River drainage action was effective June
26, 2001, through August 25, 2001, for Districts 1-4. The ninth Yukon
River drainage action was effective June 28, 2001, through August 27,
2001, for District 1; July 1, 2001, through August 27, 2001, for
District 2; and July 4, 2001, through August 18, 2001, for District 3.
The tenth Yukon River drainage action was effective July 1, 2001,
through August 30, 2001, for Subdistrict 4A and July 4, 2001, through
August 30, 2001, for Subdistricts 4B and 4C. The eleventh Yukon River
drainage action was effective July 1, 2001, through August 30, 2001,
for Districts 1, 2, 3, and 4 and Subdistricts 5A, 5B, and 5C. The
twelfth Yukon River drainage action was effective July 4, 2001, through
September 2, 2001, for the Koyukuk River. The thirteenth Yukon River
drainage action was effective July 5, 2001, through September 4, 2001,
for District 1 and July 6, 2001, through September 4, 2001, for
Districts 2 and 3. The fourteenth Yukon River drainage action was
effective July 8, 2001, through September 6, 2001, for Subdistrict 4A
and July 11, 2001, through September 6, 2001, for
[[Page 55093]]
Subdistricts 4B and 4C. The fifteenth Yukon River drainage action was
effective July 10, 2001, through September 8, 2001, for Subdistricts 5B
and 5C. The sixteenth Yukon River drainage action was effective July
13, 2001, through September 11, 2001, for Subdistrict 5A and July 17,
2001, through September 11, 2001, for Subdistrict 5D. The seventeenth
Yukon River drainage action was effective July 20, 2001, through
September 18, 2001, for Districts 1, 2, and 3. The eighteenth Yukon
River drainage action was effective July 20, 2001, through September
18, 2001, for Subdistrict 5A. The nineteenth Yukon River drainage
action was effective July 29, 2001, through September 27, 2001, for
District 4 including the Koyukuk River. The twentieth Yukon River
drainage action was effective July 27, 2001, through July 30, 2001, for
all Federal waters of the Yukon River drainage. The twenty-first Yukon
River drainage action was effective August 2, 2001, through October 1,
2001, for Subdistrict 5D and August 3, 2001, through October 1, 2001,
for Subdistricts 5A, 5B, and 5C. The twenty-second Yukon River drainage
action was effective August 6, 2001, through October 5, 2001, for all
Federal waters of the Yukon River drainage. The twenty-third Yukon
River drainage action was effective August 6, 2001, through October 5,
2001, for Districts 1-3; August 7, 2001, through October 5, 2001, for
Subdistricts 5B and 5C; and August 8, 2001, through October 5, 2001,
for District 4. The twenty-fourth Yukon River drainage action was
effective August 8, 2001, through October 7, 2001, for District 4;
August 9, 2001, through October 7, 2001, for Subdistricts 5B and 5C and
Districts 1-3. The twenty-fifth Yukon River drainage action was
effective August 9, 2001, through October 9, 2001, for Subdistrict 5A.
The twenty-sixth Yukon River drainage action was effective August 10,
2001, rescinding the twenty-second Yukon River action for Districts 1-
6. The twenty-seventh Yukon River drainage action is effective August
20, 2001, through October 19, 2001, for Subdistrict 6A; and August 21,
2001, through October 19, 2001, for Subdistrict 5A.
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 (restricted subsistence fishing schedules)
and adjustments are necessary because of predictions of extremely weak
returns of chinook, summer-run chum, and fall-run chum salmon in the
Yukon River drainage. These emergency actions are authorized and in
accordance with 50 CFR 100.19(d) and 36 CFR 242.19(d).
Yukon River Drainage
It now appears that returns of chinook, summer, and fall chum
salmon to the Yukon River in 2001 have been at or slightly larger than
the record lows of 2000. Very low catches of chinook and chum salmon
were reported by many subsistence fishermen in 2000. Chinook and summer
chum salmon escapement monitoring projects in 2000 showed that the
returns of these species were very weak throughout most of the Yukon
River drainage. Federal and State Managers and most subsistence users
in the region have had strong concerns that not enough chinook or
summer chum salmon would reach their spawning grounds in 2001. There
were similar concerns that subsistence needs in some areas would not be
met.
At their January 2001 meeting, the BOF identified the Yukon River
chinook and chum salmon as stocks of concern and for the first time
implemented a reduced subsistence fishing schedule to decrease
confusion among users, increase the quality of escapement, spread the
harvest throughout the run, and spread subsistence opportunity among
users. In addition, ADF&G has indicated that any commercial fishing
periods were highly unlikely for the Yukon River and that they would
close the sport fishery for chinook salmon if the runs were weak. The
ADF&G biologists and U.S. Fish & Wildlife Service personnel conducted
public meetings, produced information posters, and published news
articles to let the local users know about concerns regarding the
expected low salmon returns and advised them regarding the restrictions
and closures to protect spawning escapement.
Overall, both the chinook and summer chum salmon runs were assessed
to be low in abundance. Restrictions in fishing time were initially
implemented in District 1 and moved upriver sequentially to conserve
both chinook and summer chum salmon. When it was determined the summer
chum salmon return would not meet a population size of 600,000 fish,
gear restrictions were implemented in
[[Page 55094]]
District 1 on July 5, and also implemented sequentially upriver, to
prohibit directed summer chum salmon harvest.
The chinook salmon run now appears to be a little better than last
year. The restricted subsistence fishing schedule successfully
increased the quality of the escapement, spread the harvest throughout
the run and spread subsistence harvest opportunity among users in the
lower, middle and upper Yukon River. Subsistence salmon fishing time
was restricted throughout the drainage to conserve chinook salmon.
Subsistence catch reports have been variable with success rates ranging
from very good to poor. It appears that most individuals who tried,
were able to meet their subsistence needs for chinook salmon, while
some individuals were unable to meet their needs for chum salmon.
Early in the fall chum salmon season, there was great concern that
this stock would not attain the minimum escapement goal. The poor
outlook predicting a weak fall chum salmon run was based on the
performance of the this years summer chum run and the realization that
the trend of poor salmon production could continue for this year's fall
season. The initial evaluation of all available information for fall
chum salmon indicated that this year's run would likely be less than
the 350,000 fish minimum. Since this projection was near or below the
established drainage-wide goal, the management plan dictates that no
directed subsistence harvest of fall chum salmon would be allowed.
Subsistence fishing for whitefish, suckers and other non-salmon
species was allowed 7 days per week wherever possible.
On May 10, 2001, in public forum and after hearing testimony, the
Federal Subsistence Board adopted an emergency action closing the
chinook and summer chum salmon fishery on all Federal waters in the
Yukon River drainage for 60 days (the maximum amount of time allowed
under 50 CFR 100.19(d) and 36 CFR 242.19(d)) from June 1, 2001, to July
30, 2001, to all users except those Federally-qualified subsistence
users 2001 (66 FR 32750, June 18, 2001). (First action.)
The Board also suspended the chinook salmon fin-marking restriction
for subsistence users since there was no commercial harvest that
subsistence-caught fish could blend into. (Second action.)
On May 31, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in Districts 1-3 of the Yukon River
drainage for the subsistence fisheries (66 FR 33642, June 25, 2001). In
Districts 1-3 the take of salmon was closed except for two 36-hour
periods each week. (Third action.)
On June 12, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated
gillnet restrictions on Federal waters in Districts 1-3 of the Yukon
River drainage for the subsistence fisheries. These restrictions to
nets with 4-inch or less stretched measure mesh and 60 feet or less in
length allowed subsistence users to continue to subsistence fish for
non-salmon species while still conserving salmon. (Fourth action.)
On June 13, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in District 4 of the Yukon River
drainage for the subsistence fisheries. In District 4, the take of
salmon was closed except for two 48-hour periods each week. (Fifth
action.)
On June 19, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in the Coastal District and Districts
1-3 of the Yukon River drainage for the subsistence fisheries. In the
Coastal District, the take of salmon was closed except for one 96-hour
period each week. In Districts 1-3 the take of salmon was closed except
for two 24-hour periods each week. (Sixth action.)
On June 22, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in District 5 of the Yukon River
drainage for the subsistence fisheries. In District 5A, the take of
salmon is closed except for two 42-hour periods each week. In District
5B and 5C, the take of salmon was closed except for two 48-hour periods
each week. (Seventh action.)
On June 26, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers extended
the gillnet restrictions on Federal waters to District 4 of the Yukon
River drainage for the subsistence fisheries. This restriction to nets
with 4-inch or less stretched measure mesh and 60 feet or less in
length allowed subsistence users to continue to subsistence fish for
non-salmon species while still conserving salmon. (Eighth action.)
On June 28, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in Districts 1-3 of the Yukon River
drainage for the subsistence fisheries. In Districts 1-3 the take of
salmon was suspended for a single 24-hour period then returning to two
24-hour periods each week. (Ninth action.)
On July 1, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in District 4 of the Yukon River
drainage for the subsistence fisheries. In District 4, the take of
salmon was closed except for two 36-hour periods each week. (Tenth
action.)
On July 1, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers extended
the fishwheel and gillnet restrictions that were already in effect on
Federal waters in Districts 1-4 to Subdistricts 5A, 5B, and 5C of the
Yukon River drainage for the subsistence fisheries. This restriction to
nets with 4-inch or less stretched measure mesh and 60 feet or less in
length allowed subsistence users to continue to subsistence fish for
non-salmon species while still conserving salmon. (Eleventh action.)
On July 4, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters on the Koyukuk River drainage of the
Yukon River drainage for the subsistence fisheries. In that area, the
take of salmon was closed except for two 48-hour periods each week.
(Twelfth action.)
On July 5, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in Districts 1-3 of the Yukon River
drainage for the subsistence fisheries. In Districts 1-3 the take of
salmon was closed except for one 24-hour period each week and gillnets
are restricted to mesh size 8 inches or larger. (Thirteenth action.)
On July 8, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers extended
the fishwheel and gillnet restrictions on Federal waters to District 4,
including the Koyukuk River drainage, of the Yukon River drainage for
the subsistence fisheries. This restriction to nets with 4-inch or less
stretched measure mesh and 60 feet or less in length seven days per
week and nets with 8-inch or greater stretched measure mesh during
salmon openings allowed
[[Page 55095]]
subsistence users to continue to subsistence fish while still
conserving chum salmon. (Fourteenth action.)
On July 10, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in District 5 of the Yukon River
drainage for the subsistence fisheries. In Subdistricts 5B and 5C, the
take of salmon was closed except for two 36-hour periods each week.
(Fifteenth action.)
On July 13, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers initiated a
set of closures on Federal waters in District 5 of the Yukon River
drainage for the subsistence fisheries. In District 5A, the take of
salmon was closed except for two 36-hour periods each week. In District
5D, the take of salmon was closed except for two 48-hour periods each
week. Non-salmon gillnet restrictions were also extended to
Subdistricts 5A and 5D during closed salmon fishing periods. (Sixteenth
action.)
On July 20, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers closed all
Federal waters in Districts 1-3 of the Yukon River drainage for the
subsistence salmon fisheries in order to conserve fall-run chum salmon.
(Seventeenth action.)
On July 20, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers relaxed
restrictions on Federal waters in Subdistrict 5A of the Yukon River
drainage for the subsistence fisheries. In Subdistrict 5A, the take of
salmon was reopened for two 42-hour periods each week. (Eighteenth
action.)
On July 29, 2001, the Federal Subsistence Board, acting through the
delegated field official and in concert with ADF&G managers closed all
Federal waters in District 4, including the Koyukuk River drainage, of
the Yukon River drainage for the subsistence salmon fisheries in order
to conserve fall-run chum salmon. (Nineteenth action.)
On July 27, 2001, the Federal Subsistence Board, acting through the
delegated field official, removed the restriction on the harvest of
chinook salmon by non-Federally-qualified users on all Federal waters
in the Yukon River drainage. This action was based on larger than
expected chinook runs which met both the spawning escapement and
subsistence user needs. (Twentieth action.)
On August 2, 2001, the Federal Subsistence Board, acting through
the delegated field official and in concert with ADF&G managers closed
salmon fishing in all Federal waters in Subdistricts 5A, B, and C and
liberalized salmon fishing in Subdistrict 5D of the Yukon River
drainage in order to conserve fall-run chum salmon and still provide an
opportunity to take chinook salmon. (Twenty-first action.)
On August 6, 2001, the Federal Subsistence Board, acting through
the delegated field official closed fall-run chum salmon fishing to all
non-Federally qualified users in all Federal waters of the Yukon River
drainage in order to conserve fall-run chum salmon and yet provide a
limited subsistence harvest opportunity. (Twenty-second action.)
On August 6, 2001, the Federal Subsistence Board, acting through
the delegated field official and in concert with ADF&G managers
established a subsistence fishing schedule for Districts 1-4 and
Subdistricts 5B and 5C of the Yukon River drainage in order to conserve
fall-run chum salmon. (Twenty-third action.)
On August 8, 2001, the Federal Subsistence Board, acting through
the delegated field official and in concert with ADF&G managers
increased the fishing periods in the subsistence fishing schedule for
Districts 1-4 and Subdistricts 5B and 5C of the Yukon River drainage in
order to provide greater harvest opportunities based on larger run
projections. (Twenty-fourth action.)
On August 9, 2001, the Federal Subsistence Board, acting through
the delegated field official and in concert with ADF&G managers
reinstated gillnet restrictions on Federal waters in Subdistrict 5A of
the Yukon River drainage for the subsistence fisheries. This
restriction to nets with 4-inch or less stretched measure mesh and 60
feet or less in length seven days per week allowed subsistence users to
continue to subsistence fish while still conserving chum salmon.
(Twenty-fifth action.)
On August 10, 2001, the Federal Subsistence Board, acting through
the delegated field, removed the restriction on the harvest of chum
salmon by non-Federally-qualified users on all Federal waters in the
Yukon River drainage. This action was predicated on larger than
expected chum runs which met both the spawning escapement and
subsistence user needs. (Twenty-sixth action.)
On August 20, 2001, the Federal Subsistence Board, acting through
the delegated field official and in concert with ADF&G managers removed
the gear restrictions for non-salmon species in Subdistricts 5A and 6A
of the Yukon River drainage and opened those areas to the harvest of
salmon. This action was predicated on continuing larger than expected
chum runs which met both the spawning escapement and subsistence user
needs. (Twenty-seventh action.)
On September 10, 2001, the Federal Subsistence Board, acting
through the delegated field official and in concert with ADF&G managers
modified the subsistence fishing schedule and required the use of
liveboxes on fishwheels on Federal waters in Subdistrict 5A of the
Yukon River drainage for the subsistence fisheries. This restriction
allowed subsistence users to harvest coho salmon while while still
conserving chum salmon. (Twenty-eighth action.)
These regulatory actions were necessary to assure the continued
viability of the chinook and chum salmon runs and provide a long-term
subsistence priority during a period of limited harvest opportunity.
These reduced subsistence fishing schedules 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 these
emergency closures 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, 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 these actions and pursuant to 5 U.S.C.
553(d) to make this rule effective as indicated in the DATES and the
beginning of the SUPPLEMENTARY INFORMATION sections.
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,
[[Page 55096]]
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 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.
Other Requirements
The adjustment and emergency closures 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; but, the effects will be seasonally and
geographically-limited in nature and will likely not be significant.
The Departments certify that the adjustment and emergency closures 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 adjustment
and emergency closures have 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 adjustment and
emergency closures 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 adjustment and emergency
closures 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 adjustment and
emergency closures do 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 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
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.
Dated: October 4, 2001.
Kenneth E. Thompson,
Subsistence Program Leader, USDA--Forest Service.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 01-27343 Filed 10-31-01; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P