Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24601

which has provided four hours advance

notice of its intended transit, the bridge

owners shall provide sufficient

drawtenders so that the commercial

vessel will not have to slow its transit

or wait between bridges for openings.

3. Appendix A to part 117 is amended

to revise the Oakland Inner Harbor Tidal

Canal entries under the State of

California to read as follows:

APPENDIX A TO PART 117.—DRAWBRIDGE EQUIPPED WITH RADIOTELEPHONES

Waterway Mile Location Bridge name and owner Call sign Calling

channel

Working

channel

* * * * * * *

California

* * * * * * *

Oakland Inner Harbor Tidal Canal ...... 5.2 Oakland ... Park Street, Alameda County ............. WHV 996 16 9

5.6 Oakland ... Fruitvale Avenue, Alameda County .... WQB 330 16 9

6.0 Oakland ... High Street, Alameda County ............. WHX 488 16 9

* * * * * * *

Dated: April 27, 1995.

R.A. Appelbaum,

Rear Admiral, U.S. Coast Guard Commander,

Eleventh Coast Guard District.

[FR Doc. 95–11297 Filed 5–8–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AC82

Subsistence Management Regulations

for Public Lands in Alaska, Subparts C

and D—1995–1996 Subsistence Taking

of Fish and Wildlife Regulations for the

Kenai Peninsula

AGENCY: Forest Service, Agriculture; and

Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

SUMMARY: This rule proposes customary

and traditional use determinations for

several species and regulations for

seasons and harvest limits related to

taking of moose for subsistence uses on

Federal lands on the Kenai Peninsula

during the 1995–1996 regulatory year.

DATES: Written public comments will be

accepted through July 10. Public

meetings on this proposed rule making

will be held during the comment period

in the following locations in Alaska:

Anchorage, Soldotna, Seldovia, Hope,

Cooper Landing, Homer, and other

communities as necessary.

ADDRESSES: Written comments and

proposals for changes to these proposed

regulations may be sent to the Chair,

Federal Subsistence Board, c/o U.S. Fish

and Wildlife Service, 1011 E. Tudor

Road, Anchorage, Alaska 99503.

Specific locations and addresses for the

public meetings will be published

locally.

FOR FURTHER INFORMATION CONTACT:

Chair, Federal Subsistence Board, c/o

U.S. Fish and Wildlife Service,

Attention: Richard S. Pospahala, Office

of Subsistence Management, 1011 E.

Tudor Road, Anchorage, Alaska 99503;

telephone (907) 786–3447. For questions

specific to National Forest System

lands, contact Ken Thompson, Regional

Subsistence Program Manager, USDA,

Forest Service, Alaska Region, P.O. Box

21628, Juneau, Alaska 99802–1628,

telephone (907) 586–7921.

SUPPLEMENTARY INFORMATION:

Customary and Traditional Use

Determinations

The Board implemented a systematic

program for review of customary and

traditional use eligibility determinations

as provided for in 36 CFR 242 and 50

CFR 100. As a priority consideration,

the Board focused its determinations on

community or area uses of large

mammals (ungulates and bears),

examining uses of species of large

mammals by communities or areas

rather than focusing on individual

herds. The Board recognized that

subsistence resource use patterns of

neighboring communities are often

interrelated and should be analyzed

concurrently.

Existing regulations at 36 CFR

242.16(b) and 50 CFR 100.16(b) identify

eight factors that a community or area

shall generally exhibit which exemplify

customary and traditional subsistence

uses. The eight factors are as follows:

1. A long-term consistent pattern of

use, excluding interruptions beyond the

control of the community or area;

2. A pattern of use recurring in

specific seasons for many years;

3. A pattern of use consisting of

methods and means of harvest which

are characterized by efficiency and

economy of effort and cost, conditioned

by local characteristics;

4. The consistent harvest and use of

fish or wildlife as related to past

methods and means of taking; near, or

reasonably accessible from the

community or area;

5. A means of handling, preparing,

preserving, and storing fish or wildlife

which has been traditionally used by

past generations, including

consideration of alteration of past

practices due to recent technological

advances, where appropriate;

6. A pattern of use which includes the

handing down of knowledge of fishing

and hunting skills, values and lore from

generation to generation;

7. A pattern of use in which the

harvest is shared or distributed within

a definable community of persons; and

8. A pattern of use which relates to

reliance upon a wide diversity of fish

and wildlife resources of the area and

which provides substantial cultural,

economic, social and nutritional

elements to the community or area.

Each Federal Subsistence Regional

Advisory Council (Regional Council)

has a substantial role in reviewing and

developing information on which to

base a recommendation to the Board

concerning customary and traditional

use determinations. The Southcentral

Regional Council had available for

consideration an extensive compilation

of existing information on historic and

contemporary large mammal resource

use patterns by rural Kenai Peninsula

communities. A draft report, dated
24602 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

December 8, 1993, incorporated

information from historic ethnographic

sources; census data; community

surveys conducted by the Alaska

Department of Fish and Game, Division

of Subsistence; and harvest ticket and

sealing records compiled by the Alaska

Department of Fish and Game.

During their public meeting of

February 28—March 2, 1995, the

southcentral Regional Council reviewed

and discussed written information and

oral testimony on resource use patterns

as related to the eight factors for the

Kenai Peninsula rural communities of

Whittier, Hope, Cooper Landing,

Ninilchik, the Homer rural area,

Nanwalek (formerly known as English

Bay), Port Graham and Seldovia.

Positive customary and traditional use

determinations were recommended

based on several empirical elements.

The communities were established and

active in use of local resources by the

1950’s. Contemporary use patterns,

including seasons and harvest areas, for

moose, caribou, goat, sheep, black bear,

and brown bear in the areas under

consideration were documented in

community surveys, harvest reports, or

oral testimony by Southcentral Regional

Council members. Ceremonial uses and

the cultural significance of harvest of

some species were discussed. Sharing

patterns and patterns of transmitting

knowledge and lore from one generation

to the next were documented more

generally for the communities, without

details particular to each species. the

Southcentral Regional Council

employed an inclusive standard in

interpreting the empirical patterns in

relation to the eight factors.

The Board voted to endorse the

recommendations of the Southcentral

Regional Council concerning which

communities had customary and

traditional uses of six large mammal

species in Unit 15 and Unit 7. Those

determinations are found in the changes

proposed for sectionll.24.

Proposed Changes for the 1995–1996

Seasons and Bag Limit Regulations

The Regional Council also proposed

adding Federal subsistence seasons for

the taking of moose on public lands in

Unit 15. The recommendation was for

an any-bull harvest season beginning

August 10, 1995 and ending September

20, 1995. The Board, however, was

persuaded by the biological data

concluding that adverse impacts would

result from any significant harvest of

bulls in the middle age categories. Since

1987, antler restrictions have been a key

part of the management efforts to

improve upon very low bull:cow ratios

on the Kenai Peninsula. This effort has

had positive effects, but the gains could

be reversed and the population

jeopardized under an any-bull

subsistence harvest opportunity. In

addition, local wildlife biologists report

that the high snow fall of the 1994–95

winter has resulted in high natural

mortality, with virtually no recruitment

into the spike-fork age class of bull

moose anticipated this coming year. The

Board therefore added an antler

restriction as a part of the subsistence

seasons in Unit 15 to avoid adverse

biological consequences. The proposed

seasons and harvest limits are found in

the proposed changes to section ll.25.

Regulations contained in this

proposed rule are proposed to take

effect on August 10, 1995, unless they

are changed by subsequent Board action

following the public review process

outlined herein. The Departments

propose to waive the 30-day effective

date time period for the final rule in

order to provide the maximum

opportunity for public participation

during the comment period following

publication of the proposed rule, while

simultaneously complying with the

seasons’ starting date of August 10,

1995.

Applicability of Subparts A, B, and C

Subparts A, B, and C of the

Subsistence Management Regulations

for Public Lands in Alaska, 50 CFR

100.1 to 100.24 and 36 CFR 100.1 to

100.24, remain effective and apply to

this proposed rule. Therefore, all

definitions located at 50 CFR 100.4 and

36 CFR 100.4 apply to regulations found

in these subparts. The identified

sections include definitions for the

following terms:

‘‘Federal lands means lands and

waters and interests therein title to

which is in the United States’’; and

‘‘Public land or public lands means

lands situated in Alasks which are

Federal lands; except—

(1) land selections of the State of

Alaska which have been tentatively

approved or validly selected under the

Alaska Statehood Act and lands which

have been confirmed to, validly selected

by, or granted to the Territory of Alaska

or the State under any other provision

of Federal Law;

(2) land selections of a Native

Corporation made under the Alaska

Native Claims Settlement Act which

have not been conveyed to a Native

Corporation, unless any such selection

is determined to be invalid or is

relinquished; and

(3) lands referred to in Section 19(b)

of the Alaska Native Claims Settlement

Act.’’

Public Review Process—Regulation

Comments and Public Meetings

Written comments may be submitted

to the address identified at the

beginning of this rulemaking. They must

be received by the date indicated.

Comments may also be presented at the

public meetings to be held in Anchorage

and various communities on the Kenai

Peninsula.

The Board will discuss and evaluate

comments and suggested changes to this

rule during a public meeting scheduled

to be held in Anchorage in early

summer, 1995. The public may provide

additional oral testimony to the Board at

that time.

Conformance With Statutory and

Regulatory Authorities

National Environmental Policy Act

Compliance

A Draft Environmental Impact

Statement (DEIS) that described four

alternatives for developing a Federal

Subsistence Management Program was

distributed for public comment on

October 7, 1991. That document

described the major issues associated

with Federal subsistence management

as identified through public meetings,

written comments and staff analysis and

examined the environmental

consequences of the four alternatives.

Proposed regulations (Subparts A, B,

and C) that would implement the

preferred alternative were included in

the DEIS as an appendix. The DEIS and

the proposed administrative regulations

presented a framework for an annual

regulatory cycle regarding subsistence

hunting and fishing regulations (Subpart

D). The final Environmental Impact

Statement (DEIS) was published on

February 28, 1992.

Based on the public comment

received, the analysis contained in the

FEIS, and the recommendations of the

Federal Subsistence Board and the

Department of the Interior’s Subsistence

Policy Group, it was the decision of the

Secretary of the Interior, with the

concurrence of the Secretary of

Agriculture, through the U.S.

Department of Agriculture-Forest

Service, to implement Alternative IV as

identified in the DEIS and FEIS (Record

of Decision on Subsistence Management

for Federal Public Lands in Alaska

(ROD), signed April 6, 1992). The DEIS

and the selected alternative in the FEIS

defined the administrative framework of

an annual regulatory cycle for

subsistence hunting and fishing

regulations. The final rule for

Subsistence Management Regulations

for Public Lands in Alaska, Subparts A,

B, and C (57 FR 22940–22964)
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24603

implements the Federal Subsistence

Management Program and includes a

framework for an annual cycle for

subsistence hunting and fishing

regulations.

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

proposes, 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 appears 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 it does

not appear that the program may

significantly restrict subsistence uses.

Paperwork Reduction Act

These rules contain information

collection requirements subject to Office

of Management and Budget (OMB)

approval under 44 U.S.C. 3501–3520.

They apply to the use of public lands in

Alaska. The information collection

requirements described above are

approved by the OMB under 44 U.S.C.

3501 and have been assigned clearance

number 1018–0075.

Public reporting burden for this form

is estimated to average .1382 hours per

response, including time for reviewing

instructions, gathering and maintaining

data, and completing and reviewing the

form. Direct comments on the burden

estimate or any other aspect of this form

to: Information Collection Officer, U.S.

Fish and Wildlife Service, 1849 C Street,

NW, MS 224 ARLSQ, Washington, DC

20240; and the Office of Management

and Budget, Paperwork Reduction

Project (1018–0075), Washington, DC

20503. Additional information

collection requirements may be imposed

if Local Advisory Committees subject to

the Federal Advisory Committee Act are

established under Subpart B. Such

requirements will be submitted to OMB

for approval prior to their

implementation.

This rule was not subject to OMB

review under Executive Order 12866.

Economic Effects

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

Departments have determined that this

rulemaking will not have a significant

economic effect on a substantial number

of small entities within the meaning of

the Regulatory Flexibility Act.

This rulemaking will impose no

significant costs on small entities; 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 positive economic effect on

a number of small entities. The number

of small entities affected is unknown;

but, the fact that the positive effects will

be seasonal in nature and will, in most

cases, merely continue preexisting uses

of public lands indicates that they will

not be significant.

These regulations do not meet the

threshold criteria of ‘‘Federalism

Effects’’ as set forth in Executive Order

12612. 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, these

regulations have no significant takings

implication relating to any property

rights as outlined by Executive Order

12630.

Drafting Information. These regulations

were drafted by William Knauer under the

guidance of Richard S. Pospahala, of the

Office of Subsistence Management, Alaska

Regional Office, U.S. Fish and Wildlife

Service, Anchorage, Alaska. Additional

guidance was provided by Thomas H. Boyd,

Alaska State Office, Bureau of Land

Management; Sandy Rabinowitch, Alaska

Regional Office, Bureau of Land

Management; Sandy Rabinowitch, Alaska

Regional Office, National Park Service; John

Borbridge, Alaska Area Office, Bureau of

Indian Affairs; and Ken Thompson, USDAForest Service.

List of Subjects

36 CFR Part 242

Administrative practice and

procedure, Alaska, Fish, National

Forests, Public Lands, Reporting and

recordkeeping requirements, Wildlife.

50 CFR Part 100

Administrative practice and

procedure, Alaska, Fish, Public Lands,

Reporting and recordkeeping

requirements, Wildlife.

For the reasons set out in the

preamble, Title 36, Part 242, and Title

50, Part 100, of the Code of Federal

Regulations, are proposed to be

amended as set forth below.

PART llll—SUBSISTENCE

MANAGEMENT REGULATIONS FOR

PUBLIC LANDS IN ALASKA

1. The authority citation for both 36

CFR Part 242 and 50 CFR Part 100

continues to read as follows:

Authority: 16 U.S.C. 3, 472, 551, 668dd,

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.

1733.

2. Section ll.24(a)(1) is proposed to

be amended in the table under ‘‘Area,’’

‘‘Species,’’ and ‘‘Determination’’ by

removing the five entries for ‘‘GMU 7’’

and adding six new entries in their

place to read as follows:

§ ll.24 Customary and traditional

use determinations.

(a) * * *

(1) * * *

Area Species Determination

* * * * * * *

GMU 7 .......... Black Bear ................................................................................... Residents of Hope and Cooper Landing.

7 ................... Brown Bear ................................................................................. No subsistence.

7 ................... Caribou ........................................................................................ Residents of Hope and Cooper Landing.

7 ................... Goat ............................................................................................ Residents of Hope, Cooper Landing, and Ninilchik.

7 ................... Moose ......................................................................................... Residents of Hope, Cooper Landing, and Whittier.

7 ................... Sheep .......................................................................................... Residents of Hope, Cooper Landing, and Ninilchik.

* * * * * * *
24604 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

* * * * *

3. Section ll.24(a)(1) is proposed to

be amended in the table under ‘‘Area,’’

‘‘Species,’’ and ‘‘Determination’’ by

removing the seven entries for ‘‘GMU

15’’ for ‘‘Brown Bear,’’ ‘‘Sheep,’’

‘‘Moose,’’ and ‘‘Goat’’ and adding the

following new entries in their place to

read as follows:

* * * * *

(a) * * *

(1) * * *

Area Species Determination

* * * * * * *

GMU 15 (A)

and (B).

Black Bear ................................................................................... Residents of Hope, Cooper Landing, and Ninilchik.

15(C) ............ Black Bear ................................................................................... Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia.

15 (A) and

(B).

Brown Bear ................................................................................. No subsistence.

15(C) ............ Brown Bear ................................................................................. Residents of Ninilchik, Nanwalek, and Port Graham.

15(A) ............. Caribou ........................................................................................ Residents of Hope, Cooper Landing, and Ninilchik.

15(B) ............. Caribou ........................................................................................ Residents of Ninilchik.

15(C) ............ Caribou ........................................................................................ Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia.

15(A) ............. Goat ............................................................................................ No subsistence.

15(B) ............. Goat ............................................................................................ Residents of Cooper Landing and Ninilchik.

15(C) ............ Goat ............................................................................................ Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia.

* * * * * * *

15(A) ............. Sheep .......................................................................................... Residents of Cooper Landing.

15(B) ............. Sheep .......................................................................................... Residents of Cooper Landing and Ninilchik.

15(C) ............ Sheep .......................................................................................... Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia.

15(A) ............. Moose ......................................................................................... Residents of Hope, Cooper Landing, Ninilchik, and Seldovia.

15(B) ............. Moose ......................................................................................... Residents of Hope, Cooper Landing, Ninilchik, Seldovia,

Nanwalek, and Port Graham.

15(C) ............ Moose ......................................................................................... Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia.

* * * * * * *

* * * * *

4. Section ll.25(k)(15)(iii)(D) is

proposed to be amended in the table

under ‘‘Hunting’’ by adding an entry for

‘‘Moose’’ in alphabetical order to read as

follows:

§ ll.25 Subsistence taking of

wildlife.

* * * * *

(k) * * *

(15) * * *

(iii) * * *

(D) * * *

Harvest limits Open season

Hunting:

* * * * * * *

Moose:

Unit 15—1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow tines on either antler, by

Federal registration permit only.

Aug. 10–Sept. 20.

* * * * * * *

* * * * *

Dated: April 27, 1995.

Mitch Demientieff,

Chair, Federal Subsistence Board.

Dated: April 26, 1995.

Fred Norbury,

Acting Regional Forester, USDA—Forest

Service.

[FR Doc. 95–11319 Filed 5–8–95; 8:45 am]

BILLING CODE 3410–11–M; 4310–55–M

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 11

RIN 1090–AA51

Natural Resource Damage

Assessments—Additional Type A

Procedures

AGENCY: Department of the Interior.

ACTION: Notice of meeting.

SUMMARY: The Department of the

Interior is holding a public meeting to

discuss development of additional ‘‘type

A’’ procedures for assessing natural

resource damages under the

Comprehensive Environmental

Response, Compensation, and Liability

Act and the Clean Water Act. The

Department is responsible for issuing

regulations that Federal, State, and

Indian tribe natural resource trustees

may use to obtain compensation from

parties responsible for natural resource

injuries. Type A procedures are

standard procedures for simplified

assessments requiring minimal field

observation.

DATES: June 1, 1995, from 1:00 to 4:00

p.m.