70074 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

restrictions is prohibited. 

Notwithstanding the provisions of this 

section, the Superintendent may issue a 

Special Use Permit to authorize uses in 

the KNHL and either developed area.

Dated: November 18, 2004. 

Paul Hoffman, 

Deputy Assistant Secretary for Fish and 

Wildlife and Parks.

[FR Doc. 04–26372 Filed 12–1–04; 8:45 am] 

BILLING CODE 4312–52–P

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—Units 22 and 

24

AGENCIES: Forest Service, USDA; Fish 

and Wildlife Service, Interior.

ACTION: Seasonal adjustments.

SUMMARY: This provides notice of the 

Federal Subsistence Board’s 

management actions to provide for 

subsistence harvest opportunity and to 

protect a declining moose population in 

Units 22 and 24. These actions provide 

an exception to the Subsistence 

Management Regulations for Public 

Lands in Alaska, published in the 

Federal Register on July 1, 2004. Those 

regulations established seasons, harvest 

limits, methods, and means relating to 

the taking of wildlife for subsistence 

uses during the 2004 regulatory year.

DATES: The Unit 22B (west of the Darby 

Mountains) bull moose action is 

effective January 1, 2005 to January 31, 

2005. The Unit 24 (John River, Upper 

John River, and Alatna River) antlerless 

moose action is effective September 8, 

2004, through October 26, 2004. The 

Unit 24 (Kanuti Controlled Use Area) 

moose hunt extension is effective 

September 26 to October 2, 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 Leader, 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 hunting seasons, harvest 

limits, and methods and means were 

published on July 1, 2004 (69 FR 

40174). 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 Game (BOG) and 

the 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 Federal Board may, when necessary, 

preempt State harvest regulations for 

fish or wildlife on Federal lands and 

waters. 

These adjustments are necessary 

because of the need to enhance 

productivity of a declining moose 

population in portions of Units 22B and 

24. These actions are authorized and in 

accordance with 50 CFR 100.19(d–e) 

and 36 CFR 242.19(d–e). 

Unit 22B—Moose (West of the Darby 

Mountains) 

Currently the moose population in 

Unit 22B is substantially depressed and 

well below management objectives. This 

represents a conservation concern. A 

reduction in harvest is necessary and 

reducing the quota for the combined fall 

and winter hunts, from 48 to 30, would 

significantly reduce the overall harvest 

of moose, for conservation purposes, 

while preserving the winter hunt for the 

smaller communities of White Mountain 

and Golovin, which have a high reliance 

on the resource. 

The Unit 22B moose population of 

586 is well below the objective of 1,500 

to 2,500. Limiting the number of moose 

that may be harvested should aid in the 

recovery of the moose population, 

allowing the population to recover more 

quickly, ultimately conserving the 

resource for future potential harvest 

opportunities. This action also aligns 

State and Federal regulations, 

eliminating differing regulations that 

could be problematic.

Federal lands in Unit 22B affected by 

the special action are Bering Land 

Bridge National Preserve and Bureau of 

Land Management lands west of the 

Darby Mountains, and Norton Sound 

drainages from, but excluding, the 

Ungalik River drainage to, and 

including the Topkok Creek drainage. 

Unit 24—Moose (John River, Upper John 

River, and Alatna River) 

Moose surveys in Unit 24 from 1998 

through 2003 have indicated poor 

recruitment of calves and yearlings. 

More specifically, aerial trend count 

area surveys were most recently 

conducted in the fall of 2003 and the 

data indicates that none of the five trend 

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 70075

count areas surveyed had calf:cow ratios 

above 30 calves:100 cows. Data from 

adjacent areas indicate that there has 

been a 25% decline in moose numbers 

since 1998. 

Previous cow harvest levels have 

provided additional harvest 

opportunities and have served to help 

stabilize moose populations in past 

years. However, continued cow harvest 

at the current levels will likely 

contribute to further declines in 

productivity and recruitment. Current 

management objectives prescribe more 

conservative yields than what are 

allowed by current regulatory 

provisions. Thus, regulatory changes are 

needed to decrease the cow harvest and 

to maintain productivity and 

recruitment. This special action is 

consistent with the Management Plan 

which calls for additional regulatory 

restrictions on antlerless moose harvest 

in response to the ongoing population 

declines. 

Federal lands in Unit 24 affected by 

the special action are: (1) All drainages 

to the north of the Koyukuk River 

upstream from and including the Alatna 

River to and including the North fork of 

the Koyukuk River, except those 

portions of the John River and the 

Alatna River drainages within the Gates 

of the Arctic National Park. (2) That 

portion that includes the John River 

within Gates of the Arctic National Park. 

(3) The Alatna River drainage within 

Gates of Arctic National Park. 

The Alaska Department of Fish and 

Game issued an Emergency Order No. 

03–04–04 to close the August and 

September antlerless moose season on 

State lands in Unit 21 D and Unit 24. 

The Board has taken a similar action on 

Federal public lands in Unit 24 in order 

to protect the continued viability of the 

moose population and to reduce 

confusion among hunters with 

conflicting regulations. 

ADF&G has executed an Emergency 

Order for a closure of the State 

antlerless moose season on private lands 

within the John and Alatna River 

drainages of Unit 24 consistent with the 

Management Plan, which calls for 

additional regulatory restrictions on 

antlerless moose harvest in response to 

the ongoing population declines. A 

second Board action prohibits the 

harvest of antlerless moose within the 

upper John River drainage in the Gates 

of the Arctic National Park area from 

October 27 through December 31, 2004. 

Unit 24—Moose (Kanuti Controlled Use 

Area) 

Interior Alaska has experienced 

unseasonably high summer 

temperatures, a lower than average 

amount of rainfall, and a record number 

of wild fires in 2004. These conditions 

may have accounted for a change in the 

fall movement of moose and reduced 

the opportunity for subsistence users to 

harvest a moose. In addition, a number 

of local subsistence hunters have had 

limited time to hunt moose due to 

seasonal employment on fire crews. 

Federal lands in Unit 24 affected by this 

special action are the Kanuti Controlled 

Use Area. The Board lengthened the 

bull moose season in Unit 24 (Kanuti 

Controlled Use Area) to include 

September 26, 2004, through October 2, 

2004. 

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 measures 

could seriously affect the continued 

viability of wildlife populations, 

adversely impact 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.) 

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 any information 

collections for which Office of 

Management and Budget (OMB) 

approval is required 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 firearm, ammunition, 

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 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 will 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, 

70076 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

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. 

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: October 29, 2004. 

Thomas H. Boyd, 

Acting Chair, Federal Subsistence Board. 

Dated: October 29, 2004. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service.

[FR Doc. 04–26541 Filed 12–1–04; 8:45 am] 

BILLING CODE 3410–11 4310–55–P