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Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustments--Copper River
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 15, 2004 (Volume 69, Number 114)]
[Rules and Regulations]
[Page 33307-33309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn04-10]
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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 River
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 sockeye salmon escapement in the
Copper River, while still providing for a subsistence harvest
opportunity. The fishing schedules and closures will provide an
exception to the Subsistence Management Regulations for Public Lands in
Alaska, published in the Federal Register on February 3, 2004. Those
regulations established seasons, harvest limits, methods, and means
relating to the taking of fish and shellfish for subsistence uses
during the 2004 regulatory year.
DATES: The fishing schedule for the Chitina Subdistrict of the Upper
Copper River District is effective May 15, 2004, through July 12, 2004.
The fishing schedule for the Glennallen Subdistrict of the Upper Copper
River District is effective May 15, 2004, through June 1, 2004.
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 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 2004 fishing seasons, harvest limits, and methods and means
were published on February 3, 2004 (69 FR 5018).
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. 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.
[[Page 33308]]
These adjustments are necessary because of the need to maintain the
viability of salmon stocks in the Copper River based on in-season run
assessments. 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 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. This
preseason schedule is intended to distribute the harvest throughout the
salmon run and provide salmon for upriver subsistence fisheries and the
spawning escapement. The salmon season is closed until the first open
period scheduled for June 3, 2004, at 6 a.m. Shown below are the
fishing schedule openings for the Chitina Subdistrict of the Copper River:
Thursday, June 3, 6 a.m.--Sunday, June 6, 11:59 p.m.
Monday, June 7, 12:01 a.m.--Sunday June 13, 11:59 p.m.
Monday, June 14, 12:01 a.m.--Sunday June 20, 11:59 p.m.
Monday, June 21, 12:01 a.m.--Sunday June 27, 11:59 p.m.
Monday, June 28, 12:01 a.m.--Sunday July 4, 11:59 p.m.
Monday, July 5, 12:01 a.m.--Sunday July 11, 11:59 p.m.
Monday, July 12, 12:01 a.m.--Sunday July 18, 11:59 p.m.
Monday, July 19, 12:01 a.m.--Sunday September 30, 11:59 p.m.
State personal use and Federal subsistence fisheries in this
Subdistrict close simultaneously by regulation on September 30, 2004.
No deviation from this date is anticipated.
Copper River--Glennallen Subdistrict
In December 2000, the Board adopted a regulatory proposal opening
the Glennallen Subdistrict of the Copper River to Federally qualified
users May 15. This allowed Federally qualified users to harvest salmon
prior to the State subsistence fishing season that opens June 1. 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. Salmon migrating through the Glennallen Subdistrict during
this period are likely to spawn in upper river tributaries based on
prior studies conducted by the Alaska Department of Fish and Game. In
2003, Federally qualified users harvested approximately 750 salmon in
the Glennallen Subdistrict during May. None of this harvest appears to
have occurred upstream of the Gakona River.
The State has briefly delayed the opening of the commercial fishery
near the mouth of the Copper River predicated on the pre-season
forecast. Production from the early portion of the natural run may be
weak because of low inriver escapements prior to mid June in brood
years 1999 and 2000. If Miles Lake sonar estimates are substantially
below the forecasted levels both the State and the Board will reduce
the open periods in the Chitina Subdistrict as described in the Copper
River Salmon Management Plan (5 AAC 24.360). 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.
In May of 2004, Federally qualified users that harvest salmon
upstream of the Gakona River strongly expressed concerns that their
harvest is declining and that one of the causes of this decline is
harvest of salmon downstream. Harvest data from 1996 through 2003
suggest that this may be a valid concern. No data regarding early run
escapement is available until the Miles Lake sonar is operational and
salmon passing the sonar site have arrived within the Glennallen
Subdistrict (approximately 3 weeks' travel time). Therefore, this
action utilizes a conservative approach and restricts the fishery until
data from the Miles Lake sonar are available.
The Glennallen Subdistrict of the Copper River will be closed to
the harvest of salmon until June 1, 2004.
Federally qualified users downstream of the Gakona River are not
expected to be significantly impacted by this action because they have
ample opportunity to harvest additional salmon stocks that enter the
Subdistrict later to spawn in tributaries downstream of the Gakona River.
State and Federal subsistence fisheries in this Subdistrict close
simultaneously by regulation on September 30, 2004. No deviation from
this date is anticipated.
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, 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)(3) to make this rule
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) was signed April 6, 1992. The
final rule for Subsistence Management Regulations for Public Lands in
Alaska, Subparts A, B, and C (57 FR 22940-22964, 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.)
[[Page 33309]]
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 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 pursuant to 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
Theodore Matuskowitz 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; 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: May 25, 2004.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: May 25, 2004.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 04-13396 Filed 6-14-04; 8:45 am]
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