Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31533

programs and program amendments

submitted by the States must be based

solely on a determination of whether the

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

This rule does not require an

environmental impact statement

because Section 702(d) of SMCRA (30

U.S.C. 1292(d)) provides that agency

decisions on proposed State regulatory

program provisions do not constitute

major Federal actions within the

meaning of Section 102(2)(C) of the

National Environmental Policy Act (42

U.S.C. 4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

that is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule: a. does not have an annual

effect on the economy of $100 million;

b. will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions; and c. 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.

This determination is based upon the

fact that the State submittal which is the

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

Unfunded Mandates

OSM has determined and certifies

under the Unfunded Mandates Reform

Act (2 U.S.C. 1502 et seq.) that this rule

will not impose a cost of $100 million

or more in any given year on any local,

State, or Tribal governments or private

entities.

List of Subjects in 30 CFR Part 926

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 10, 2001.

Brent Wahlquist,

Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR 926 is amended as set

forth below:

PART 926—MONTANA

1. The authority citation for part 926

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 926.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 926.15 Approval of Montana regulatory

program amendments.

* * * * *

Original amendment submission date Date of final

publication Citation/description

*******

July 20 and August 17, 2000 .................... 6/12/01 MCA 82–4–203(1) and (21)(d), 82–4–232(1), (7) and (8), 82–4–233(1) and 4, 82–

4–243, 82–4–253(1), (2) and (3) and 82–4–254(1), (2), (3), (4) and (9).

[FR Doc. 01–14712 Filed 6–11–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AH85

Subsistence Management Regulations

for Public Lands in Alaska

AGENCY: Forest Service, Agriculture;

Fish and Wildlife Service, Interior.

ACTION: Interim rule.

SUMMARY: This rule amends the

operating regulations of the Federal

Subsistence Management Program in

Alaska by expanding the authority that

the Board may delegate to agency field

officials and clarifying the procedures

for enacting emergency or temporary

restrictions, closures, or openings.

DATES: This rule is effective May 1,

2001. Comments on this rule must be

received by August 13, 2001.

ADDRESSES: Submit written comments

to Office of Subsistence Management,

3601 C Street, Suite 1030, Anchorage,

AK 99503. Submit electronic comments

to Bill_Knauer@fws.gov. Please submit

as either WordPerfect or MS Word files,

avoiding the use of any special

characters and any form of encryption.

FOR FURTHER INFORMATION CONTACT:

Chair, Federal Subsistence Board, c/o

U.S. Fish and Wildlife Service, Thomas

H. Boyd, (907) 786–3888. For questions

specific to National Forest System

lands, contact Ken Thompson, Regional

Subsistence Program Manager, USDA,

Forest Service, Alaska Region, (907)

271–2540.

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, unless the State of Alaska

31534 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

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. The State

implemented a program that the

Department of the Interior previously

found to be consistent with ANILCA.

However, in December 1989, the Alaska

Supreme Court ruled in McDowell v.

State of Alaska that the rural preference

in the State subsistence statute violated

the Alaska Constitution. The Court’s

ruling in McDowell required the State to

delete the rural preference from the

subsistence statute and, therefore,

negated State compliance with ANILCA.

The Court stayed the effect of the

decision until July 1, 1990.

As a result of the McDowell decision,

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.

On June 29, 1990, the Temporary

Subsistence Management Regulations

for Public Lands in Alaska were

published in the Federal Register (55

FR 27114–27170). On January 8, 1999,

(64 FR 1276), the Departments extended

jurisdiction to include waters in which

there exists a Federal reserved water

right. This amended rule conformed the

Federal Subsistence Management

Program to the Ninth Circuit’s ruling in

Alaska v. Babbitt. Consistent with

Subparts A, B, and C of these

regulations, 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, U.S.

National Park Service; the Alaska State

Director, U.S. Bureau of Land

Management; the Alaska Regional

Director, U.S. 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,

and the annual Subpart D regulations.

All Board members have reviewed

this rule and agree with its substance.

Federal Subsistence Regional Advisory

Councils

Alaska has been divided into ten

subsistence resource regions, each of

which is represented by a Federal

Subsistence Regional Advisory Council.

The Regional Councils provide a forum

for rural residents with personal

knowledge of local conditions and

resource requirements to have a

meaningful role in the subsistence

management of fish and wildlife on

Alaska public lands. The Regional

Council members represent

geographical, cultural, and user

diversity within each region.

Summary of Changes

Based on our analysis of public and

agency concerns expressed over the last

year, including the need for clarification

in some sections, we have made the

following revisions:

Section ll.6(a)(1)—Clarified that

you must be an Alaska resident (but do

not need a State license) to take fish or

shellfish under the Federal Subsistence

Management regulations;

Section ll.10(d)(6)—Expanded the

authority that the Board may delegate to

field officials to include possession

limits, methods or means of harvest, and

permit requirements;

Section ll.19—Reorganized this

section and clarified what

circumstances warrant a request for a

Special Action; and,

Section ll.20—Clarified what

circumstances warrant a Request for

Reconsideration.

Nothing in this rule is intended to

change the underlying rural priority that

is set out in Title VIII of ANILCA or

otherwise amend the statutory basis of

the Federal Subsistence Management

Program. Although most sections of

these regulations are not being

amended, for the purpose of clarity and

ease of understanding, the entire text of

subparts A and B, and portions of C is

being printed. The unpublished sections

(portions of subpart C and Sections

ll.25, ll.26, ll.27, and ll.28)

relate to wildlife, fish, and shellfish

regulations that are revised annually.

Because this rule relates to public lands

managed by an agency or agencies in

both the Departments of Agriculture and

the Interior, identical text is

incorporated into 36 CFR Part 242 and

50 CFR Part 100.

The primary purpose of this

rulemaking action is to delegate

additional authority from the Board to

local officials to make conservation

decisions. We are publishing an interim

rule because there is inadequate time to

engage in notice-and-comment

rulemaking prior to the start of the

spring/summer salmon runs. Many of

these runs, particularly on the Yukon

and Kuskokwim Rivers, were the lowest

in history last year and are expected to

be very low again this season. As such,

the ability to make immediate (often

within hours) decisions relative to a

specific run or pulse of fish is critical in

protecting the health of the population

while, if at all possible, providing a

subsistence opportunity for the rural

residents. The changes that are included

in this rule have previously been

discussed and supported in the public

forum of Regional Council meetings

around the State. Without this local

regulatory authority, the continued

viability of fishery populations could be

seriously impacted, as well as future

subsistence opportunities for rural

Alaskans. This situation would

generally fail to serve the overall public

interest.

The Board, therefore, finds good cause

under 5 U.S.C. 553(b)(3)(B) and (d)(3)

(the Administrative Procedure Act) to

promulgate this rule without prior

notice and public procedure and to

make this rule effective May 1, 2001.

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

(FEIS) 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

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31535

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.

An environmental assessment has

been prepared on the expansion of

Federal jurisdiction over fisheries and is

available by contacting the office listed

under FOR FURTHER INFORMATION

CONTACT. The Secretary of the Interior

with the concurrence of the Secretary of

Agriculture has determined that the

expansion of Federal jurisdiction does

not constitute a major Federal action,

significantly effecting the human

environment and has, therefore, signed

a Finding of No Significant Impact.

Compliance with Section 810 of

ANILCA—A Section 810 analysis was

completed as part of the FEIS process on

the Federal Subsistence Management

Program. 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. 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 it does

not appear that the program may

significantly restrict subsistence uses.

During the environmental assessment

process, an evaluation of the effects of

this rule was also conducted in

accordance with Section 810. This

evaluation supports the Secretaries’

determination that the Final Rule will

not reach the ‘‘may significantly

restrict’’ threshold for notice and

hearings under ANILCA Section 810(a)

for any subsistence resources or uses.

Paperwork Reduction Act—This rule

contains information collection

requirements subject to Office of

Management and Budget (OMB)

approval under the Paperwork

Reduction Act of 1995. It applies to the

use of public lands in Alaska. The

information collection has been

approved by OMB, Control Number

1018–0075, which expires July 31, 2003.

Currently, information is being

collected by the use of a Federal

Subsistence Registration Permit and

Designated Hunter Application. The

information collected on these two

permits establishes whether an

applicant qualifies to participate in a

Federal subsistence hunt on public land

in Alaska and provides a report of

harvest and the location of harvest. The

collected information is necessary to

determine harvest success, harvest

location, and population health in order

to make management decisions relative

to the conservation of healthy wildlife

populations. Additional harvest

information is obtained from harvest

reports submitted to the State of Alaska.

The recordkeeping burden for this

aspect of the program is negligible (1

hour or less). This information is

accessed via computer data base. The

current overall annual burden of

reporting and recordkeeping is

estimated to average 0.25 hours per

response, including time for reviewing

instructions, gathering and maintaining

data, and completing and reviewing the

form. The estimated number of likely

respondents under the existing rule is

less than 5,000, yielding a total annual

reporting and recordkeeping burden of

1,250 hours or less.

The collection of information under

this rule will be achieved through the

use of a Federal Subsistence

Registration Permit Application, which

would be the same form as currently

approved and used for the hunting

program. This information will establish

whether the applicant qualifies to

participate in a Federal subsistence

fishery on public land in Alaska and

will provide a report of harvest and

location of harvest.

The likely respondents to this

collection of information are rural

Alaska residents who wish to

participate in specific subsistence

fisheries on Federal land. The collected

information is necessary to determine

harvest success and harvest location in

order to make management decisions

relative to the conservation of healthy

fish populations. The annual burden of

reporting and recordkeeping is

estimated to average 0.50 hours per

response, including time for reviewing

instructions, gathering and maintaining

data, and completing and reviewing the

form. The estimated number of likely

respondents under this rule is less than

10,000, yielding a total annual reporting

and recordkeeping burden of 5,000

hours or less.

You may 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 222 ARLSQ,

Washington, DC 20240; and the Office

of Management and Budget, Department

of the Interior Desk Officer, 725 17th

Street, NW., 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.

Clarity of the Rule

Executive Order 12866 requires each

agency to write regulations that are easy

to understand. We invite your

comments on how to make this rule

easier to understand, including answers

to questions such as the following: (1)

Are the requirements in the rule clearly

stated? (2) Does the rule contain

technical language or jargon that

interferes with its clarity? (3) Does the

format of the rule (grouping and order

of sections, use of headings,

paragraphing, etc.) aid or reduce its

clarity? (4) Would the rule be easier to

understand if it were divided into more

(but shorter) sections? (A ‘‘section’’

appears in bold type and is preceded by

the symbol ‘‘§’’ and a numbered

heading; for example, §ll.24

Customary and traditional

determinations.) (5) Is the description of

the rule in the SUPPLEMENTARY

INFORMATION section of the preamble

helpful in understanding the rule? What

else could we do to make the rule easier

to understand? Send a copy of any

comments that concern how we could

make this rule easier to understand to:

Office of Regulatory Affairs, Department

of the Interior, Room 7229, 1849 C

Street, NW., Washington, DC 20240.

You may also e-mail the comments to

this address: Exsec@ios.doi.gov.

Economic Effects

This rule is not a significant rule

subject to OMB review under Executive

Order 12866. This rulemaking will

impose no significant costs on small

entities; this rule does not restrict any

existing sport or commercial fishery on

the public lands and subsistence

fisheries will continue at essentially the

same levels as they presently occur. 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, such as

ammunition, snowmachine, fishing

tackle, and gasoline dealers. 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.

31536 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

In general, the resources to be

harvested under this rule are already

being harvested and consumed by the

local harvester and do not result in an

additional dollar benefit to the

economy. However, it is estimated that

24 million pounds of fish (including 8.3

million pounds of salmon) are harvested

by subsistence users annually and, if

given an estimated dollar value of $3.00

per pound for salmon and $0.58 per

pound for other fish, would equate to

about $34 million in food value statewide.

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 based on

the above figures 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. Under the

Small Business Regulatory Enforcement

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

priority on public lands. The scope of

this program is limited by definition to

certain public lands. Likewise, these

regulations have no potential takings of

private property implications as defined

by Executive Order 12630.

The Secretaries have determined and

certify pursuant to the Unfunded

Mandates Reform Act, 2 U.S.C. 1502 et

seq., that this rulemaking will not

impose a cost of $100 million or more

in any given year on local or state

governments or private entities. The

implementation of this rule is by

Federal agencies and there is no cost

imposed on any state or local entities or

tribal governments.

The Secretaries have determined that

these final regulations meet the

applicable standards provided in

Sections 3(a) and 3(b)(2) of Executive

Order 12988.

In accordance with Executive Order

13132, the rule does 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

unless it meets certain requirements.

Drafting Information

These regulations were drafted by

William Knauer, Bob Gerhard, and

Victor Starostka under the guidance of

Thomas H. Boyd, of the Office of

Subsistence Management, Alaska

Regional Office, U.S. Fish and Wildlife

Service, Anchorage, Alaska. Additional

guidance was provided by Taylor

Brelsford, Alaska State Office, Bureau of

Land Management; Sandy Rabinowitch,

Alaska Regional Office, National Park

Service; Ida Hildebrand, Alaska Area

Office, Bureau of Indian Affairs; Greg

Bos, Fish and Wildlife Service; and Ken

Thompson, USDA-Forest 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, National

forests, Public lands, Reporting and

recordkeeping requirements, Wildlife.

For the reasons set out in the

preamble, the Departments amend Title

36, Part 242, and Title 50, Part 100, of

the Code of Federal Regulations, 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. Revise subparts A and B of 36 CFR

part 242 and 50 CFR part 100 to read as

follows:

Subpart A—General Provisions

Sec.

ll.1 Purpose.

ll.2 Authority.

ll.3 Applicability and scope.

ll.4 Definitions.

ll.5 Eligibility for subsistence use.

ll.6 Licenses, permits, harvest tickets,

tags, and reports.

ll.7 Restriction on use.

ll.8 Penalties.

ll.9 Information collection requirements.

Subpart B—Program Structure

ll.10 Federal Subsistence Board.

ll.11 Regional advisory councils.

ll.12 Local advisory committees.

ll.13 Board/agency relationships.

ll.14 Relationship to State procedures

and regulations.

ll.15 Rural determination process.

ll.16 Customary and traditional use

determination process.

ll.17 Determining priorities for

subsistence uses among rural Alaska

residents.

ll.18 Regulation adoption process.

ll.19 Special actions.

ll.20 Request for reconsideration.

ll.21 [Reserved].

Subpart A—General Provisions

§llll.1 Purpose.

The regulations in this part

implement the Federal Subsistence

Management Program on public lands

within the State of Alaska.

§llll.2 Authority.

The Secretary of the Interior and

Secretary of Agriculture issue the

regulations in this part pursuant to

authority vested in Title VIII of the

Alaska National Interest Lands

Conservation Act (ANILCA), 16 U.S.C.

3101–3126.

§llll.3 Applicability and scope.

(a) The regulations in this part

implement the provisions of Title VIII of

ANILCA relevant to the taking of fish

and wildlife on public lands in the State

of Alaska. The regulations in this part

do not permit subsistence uses in

Glacier Bay National Park, Kenai Fjords

National Park, Katmai National Park,

and that portion of Denali National Park

established as Mt. McKinley National

Park prior to passage of ANILCA, where

subsistence taking and uses are

prohibited. The regulations in this part

do not supersede agency-specific

regulations.

(b) The regulations contained in this

part apply on all public lands including

all non-navigable waters located on

these lands, on all navigable and nonnavigable water within the exterior

boundaries of the following areas, and

on inland waters adjacent to the exterior

boundaries of the following areas:

(1) Alaska Maritime National Wildlife

Refuge;

(2) Alaska Peninsula National

Wildlife Refuge;

(3) Aniakchak National Monument

and Preserve;

(4) Arctic National Wildlife Refuge;

(5) Becharof National Wildlife Refuge;

(6) Bering Land Bridge National

Preserve;

(7) Cape Krusenstern National

Monument;

(8) Chugach National Forest,

excluding marine waters;

(9) Denali National Preserve and the

1980 additions to Denali National Park;

(10) Gates of the Arctic National Park

and Preserve;

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31537

(11) Glacier Bay National Preserve;

(12) Innoko National Wildlife Refuge;

(13) Izembek National Wildlife

Refuge;

(14) Katmai National Preserve;

(15) Kanuti National Wildlife Refuge;

(16) Kenai National Wildlife Refuge;

(17) Kobuk Valley National Park;

(18) Kodiak National Wildlife Refuge;

(19) Koyukuk National Wildlife

Refuge;

(20) Lake Clark National Park and

Preserve;

(21) National Petroleum Reserve in

Alaska;

(22) Noatak National Preserve;

(23) Nowitna National Wildlife

Refuge;

(24) Selawik National Wildlife Refuge;

(25) Steese National Conservation

Area;

(26) Tetlin National Wildlife Refuge;

(27) Togiak National Wildlife Refuge;

(28) Tongass National Forest,

including Admiralty Island National

Monument and Misty Fjords National

Monument, and excluding marine

waters;

(29) White Mountain National

Recreation Area;

(30) Wrangell-St. Elias National Park

and Preserve;

(31) Yukon-Charley Rivers National

Preserve;

(32) Yukon Delta National Wildlife

Refuge;

(33) Yukon Flats National Wildlife

Refuge;

(34) All components of the Wild and

Scenic River System located outside the

boundaries of National Parks, National

Preserves, or National Wildlife Refuges,

including segments of the Alagnak

River, Beaver Creek, Birch Creek, Delta

River, Fortymile River, Gulkana River,

and Unalakleet River.

(c) The public lands described in

paragraph (b) of this section remain

subject to change through rulemaking

pending a Department of the Interior

review of title and jurisdictional issues

regarding certain submerged lands

beneath navigable waters in Alaska.

§llll.4 Definitions.

The following definitions apply to all

regulations contained in this part:

Agency means a subunit of a cabinetlevel Department of the Federal

Government having land management

authority over the public lands

including, but not limited to, the U.S.

Fish & Wildlife Service, Bureau of

Indian Affairs, Bureau of Land

Management, National Park Service, and

USDA Forest Service.

ANILCA means the Alaska National

Interest Lands Conservation Act, Public

Law 96–487, 94 Stat. 2371, (codified, as

amended, in scattered sections of 16

U.S.C. and 43 U.S.C.)

Area, District, Subdistrict, and Section

mean one of the geographical areas

defined in the codified Alaska

Department of Fish and Game

regulations found in Title 5 of the

Alaska Administrative Code.

Barter means the exchange of fish or

wildlife or their parts taken for

subsistence uses; for other fish, wildlife

or their parts; or, for other food or for

nonedible items other than money, if

the exchange is of a limited and

noncommercial nature.

Board means the Federal Subsistence

Board as described in §ll.10.

Commissions means the Subsistence

Resource Commissions established

pursuant to section 808 of ANILCA.

Conservation of healthy populations

of fish and wildlife means the

maintenance of fish and wildlife

resources and their habitats in a

condition that assures stable and

continuing natural populations and

species mix of plants and animals in

relation to their ecosystem, including

the recognition that local rural residents

engaged in subsistence uses may be a

natural part of that ecosystem;

minimizes the likelihood of irreversible

or long-term adverse effects upon such

populations and species; ensures the

maximum practicable diversity of

options for the future; and recognizes

that the policies and legal authorities of

the managing agencies will determine

the nature and degree of management

programs affecting ecological

relationships, population dynamics, and

the manipulation of the components of

the ecosystem.

Customary trade means cash sale of

fish and wildlife resources regulated in

this part, not otherwise prohibited by

Federal law or regulation, to support

personal and family needs; and does not

include trade which constitutes a

significant commercial enterprise.

Customary and traditional use means

a long-established, consistent pattern of

use, incorporating beliefs and customs

which have been transmitted from

generation to generation. This use plays

an important role in the economy of the

community.

FACA means the Federal Advisory

Committee Act, Public Law 92–463, 86

Stat. 770 (codified as amended, at 5

U.S.C. Appendix II, 1–15).

Family means all persons related by

blood, marriage, or adoption, or any

person living within the household on

a permanent basis.

Federal Advisory Committees or

Federal Advisory Committee means the

Federal Local Advisory Committees as

described in §ll.12

Federal lands means lands and waters

and interests therein the title to which

is in the United States, including

navigable and non-navigable waters in

which the United States has reserved

water rights.

Fish and wildlife means any member

of the animal kingdom, including

without limitation any mammal, fish,

bird (including any migratory,

nonmigratory, or endangered bird for

which protection is also afforded by

treaty or other international agreement),

amphibian, reptile, mollusk, crustacean,

arthropod, or other invertebrate, and

includes any part, product, egg, or

offspring thereof, or the carcass or part

thereof.

Game Management Unit or GMU

means one of the 26 geographical areas

listed under game management units in

the codified State of Alaska hunting and

trapping regulations and the Game Unit

Maps of Alaska.

Inland Waters means, for the

purposes of this part, those waters

located landward of the mean high tide

line or the waters located upstream of

the straight line drawn from headland to

headland across the mouths of rivers or

other waters as they flow into the sea.

Inland waters include, but are not

limited to, lakes, reservoirs, ponds,

streams, and rivers.

Marine Waters means, for the

purposes of this part, those waters

located seaward of the mean high tide

line or the waters located seaward of the

straight line drawn from headland to

headland across the mouths of rivers or

other waters as they flow into the sea.

Person means an individual and does

not include a corporation, company,

partnership, firm, association,

organization, business, trust, or society.

Public lands or public land means:

(1) Lands situated in Alaska which are

Federal lands, except—

(i) 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;

(ii) Land selections of a Native

Corporation made under the Alaska

Native Claims Settlement Act, 43 U.S.C.

1601 et seq., which have not been

conveyed to a Native Corporation,

unless any such selection is determined

to be invalid or is relinquished; and

(iii) Lands referred to in section 19(b)

of the Alaska Native Claims Settlement

Act, 43 U.S.C. 1618(b).

(2) Notwithstanding the exceptions in

paragraphs (1)(i) through (iii) of this

definition, until conveyed or interim

31538 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

conveyed, all Federal lands within the

boundaries of any unit of the National

Park System, National Wildlife Refuge

System, National Wild and Scenic

Rivers Systems, National Forest

Monument, National Recreation Area,

National Conservation Area, new

National forest or forest addition shall

be treated as public lands for the

purposes of the regulations in this part

pursuant to section 906(o)(2) of

ANILCA.

Regional Councils or Regional

Council means the Regional Advisory

Councils as described in §ll.11.

Regulatory year means July 1 through

June 30, except for fish and shellfish

where it means March 1 through the last

day of February.

Reserved water right(s) means the

Federal right to use unappropriated

appurtenant water necessary to

accomplish the purposes for which a

Federal reservation was established.

Reserved water rights include

nonconsumptive and consumptive uses.

Resident means any person who has

his or her primary, permanent home for

the previous 12 months within Alaska

and whenever absent from this primary,

permanent home, has the intention of

returning to it. Factors demonstrating

the location of a person’s primary,

permanent home may include, but are

not limited to: the address listed on an

Alaska Permanent Fund dividend

application; an Alaska license to drive,

hunt, fish, or engage in an activity

regulated by a government entity;

affidavit of person or persons who know

the individual; voter registration;

location of residences owned, rented, or

leased; location of stored household

goods; residence of spouse, minor

children, or dependents; tax documents;

or whether the person claims residence

in another location for any purpose.

Rural means any community or area

of Alaska determined by the Board to

qualify as such under the process

described in §ll.15.

Secretary means the Secretary of the

Interior, except that in reference to

matters related to any unit of the

National Forest System, such term

means the Secretary of Agriculture.

State means the State of Alaska.

Subsistence uses means the

customary and traditional uses by rural

Alaska residents of wild, renewable

resources for direct personal or family

consumption as food, shelter, fuel,

clothing, tools, or transportation; for the

making and selling of handicraft articles

out of nonedible byproducts of fish and

wildlife resources taken for personal or

family consumption; for barter, or

sharing for personal or family

consumption; and for customary trade.

Take or taking as used with respect to

fish or wildlife, means to pursue, hunt,

shoot, trap, net, capture, collect, kill,

harm, or attempt to engage in any such

conduct.

Year means calendar year unless

another year is specified.

§llll.5 Eligibility for subsistence use.

(a) You may take fish and wildlife on

public lands for subsistence uses only if

you are an Alaska resident of a rural

area or rural community. The

regulations in this part may further limit

your qualifications to harvest fish or

wildlife resources for subsistence uses.

If you are not an Alaska resident or are

a resident of a non-rural area or

community listed in §ll.23, you may

not take fish or wildlife on public lands

for subsistence uses under the

regulations in this part.

(b) Where the Board has made a

customary and traditional use

determination regarding subsistence use

of a specific fish stock or wildlife

population, in accordance with, and as

listed in, §ll.24, only those Alaskans

who are residents of rural areas or

communities designated by the Board

are eligible for subsistence taking of that

population or stock on public lands for

subsistence uses under the regulations

in this part. If you do not live in one of

those areas or communities, you may

not take fish or wildlife from that

population or stock, on public lands

under the regulations in this part.

(c) Where customary and traditional

use determinations for a fish stock or

wildlife population within a specific

area have not yet been made by the

Board (e.g. ‘‘no determination’’), all

Alaskans who are residents of rural

areas or communities may harvest for

subsistence from that stock or

population under the regulations in this

part.

(d) The National Park Service may

regulate further the eligibility of those

individuals qualified to engage in

subsistence uses on National Park

Service lands in accordance with

specific authority in ANILCA, and

National Park Service regulations at 36

CFR part 13.

§llll.6 Licenses, permits, harvest

tickets, tags, and reports.

(a) If you wish to take fish and

wildlife on public lands for subsistence

uses, you must be a rural Alaska

resident and:

(1) Possess the pertinent valid Alaska

resident hunting and trapping licenses

(no license required to take fish or

shellfish, but you must be an Alaska

resident) unless Federal licenses are

required or unless otherwise provided

for in subpart D of this part;

(2) Possess and comply with the

provisions of any pertinent Federal

permits (Federal Subsistence

Registration Permit or Federal

Designated Harvester Permit) required

by subpart D of this part; and

(3) Possess and comply with the

provisions of any pertinent permits,

harvest tickets, or tags required by the

State unless any of these documents or

individual provisions in them are

superseded by the requirements in

subpart D of this part.

(b) If you have been awarded a permit

to take fish and wildlife, you must have

that permit in your possession during

the taking and must comply with all

requirements of the permit and the

regulations in this section pertaining to

validation and reporting and to

regulations in subpart D of this part

pertaining to methods and means,

possession and transportation, and

utilization. Upon the request of a State

or Federal law enforcement agent, you

must also produce any licenses, permits,

harvest tickets, tags, or other documents

required by this section. If you are

engaged in taking fish and wildlife

under the regulations in this part, you

must allow State or Federal law

enforcement agents to inspect any

apparatus designed to be used, or

capable of being used to take fish or

wildlife, or any fish or wildlife in your

possession.

(c) You must validate the harvest

tickets, tags, permits, or other required

documents before removing your kill

from the harvest site. You must also

comply with all reporting provisions as

set forth in subpart D of this part.

(d) If you take fish and wildlife under

a community harvest system, you must

report the harvest activity in accordance

with regulations specified for that

community in subpart D of this part,

and as required by any applicable

permit conditions. Individuals may be

responsible for particular reporting

requirements in the conditions

permitting a specific community’s

harvest. Failure to comply with these

conditions is a violation of the

regulations in this part. Community

harvests are reviewed annually under

the regulations in subpart D of this part.

(e) You may not make a fraudulent

application for Federal or State licenses,

permits, harvest tickets or tags or

intentionally file an incorrect harvest

report.

§llll.7 Restriction on use.

(a) You may not trade or sell fish and

wildlife, taken pursuant to the

regulations in this part, except as

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31539

provided for in §§ll.25, ll.26,

ll.27, and ll.28.

(b) You may not use, sell, or trade fish

and wildlife, taken pursuant to the

regulations in this part, in any

significant commercial enterprise.

§llll.8 Penalties.

If you are convicted of violating any

provision of 50 CFR part 100 or 36 CFR

part 242, you may be punished by a fine

or by imprisonment in accordance with

the penalty provisions applicable to the

public land where the violation

occurred.

§llll.9 Information collection

requirements.

(a) The rules in this part contain

information collection requirements

subject to Office of Management and

Budget (OMB) approval under 44 U.S.C.

3501–3520. They apply to fish and

wildlife harvest activities on public

lands in Alaska. Subsistence users will

not be required to respond to an

information collection request unless a

valid OMB number is displayed on the

information collection form.

(1) Section ll.6, Licenses, permits,

harvest tickets, tags, and reports. The

information collection requirements

contained in §ll.6 (Federal

Subsistence Registration Permit or

Federal Designated Hunter Permit

forms) provide for permit-specific

subsistence activities not authorized

through the general adoption of State

regulations. Identity and location of

residence are required to determine if

you are eligible for a permit and a report

of success is required after a harvest

attempt. These requirements are not

duplicative with the requirements of

paragraph (a)(3) of this section. The

regulations in §ll.6 require this

information before a rural Alaska

resident may engage in subsistence uses

on public lands. The Department

estimates that the average time

necessary to obtain and comply with

this permit information collection

requirement is 0.25 hours.

(2) Section ll.20, Request for

reconsideration. The information

collection requirements contained in

§ll.20 provide a standardized process

to allow individuals the opportunity to

appeal decisions of the Board.

Submission of a request for

reconsideration is voluntary but

required to receive a final review by the

Board. We estimate that a request for

reconsideration will take 4 hours to

prepare and submit.

(3) The remaining information

collection requirements contained in

this part imposed upon subsistence

users are those adopted from State

regulations. These collection

requirements would exist in the absence

of Federal subsistence regulations and

are not subject to the Paperwork

Reduction Act. The burden in this

situation is negligible and information

gained from these reports are

systematically available to Federal

managers by routine computer access

requiring less than 1 hour.

(b) You may direct comments on the

burden estimate or any other aspect of

the burden estimate to: Information

Collection Officer, U.S. Fish and

Wildlife Service, 1849 C Street, NW.,

MS 222 ARLSQ, Washington, DC 20240;

and the Office of Management and

Budget, Paperwork, Reduction Project

(Subsistence), Washington, DC 20503.

Additional information requirements

may be imposed if Local Advisory

Committees or additional Regional

Councils, subject to the Federal

Advisory Committee Act (FACA), are

established under subpart B of this part.

Such requirements will be submitted to

OMB for approval prior to their

implementation.

Subpart B—Program Structure

§llll.10 Federal Subsistence Board.

(a) The Secretary of the Interior and

Secretary of Agriculture hereby

establish a Federal Subsistence Board,

and assign them responsibility for,

administering the subsistence taking

and uses of fish and wildlife on public

lands, and the related promulgation and

signature authority for regulations of

subparts C and D of this part. The

Secretaries, however, retain their

existing authority to restrict or eliminate

hunting, fishing, or trapping activities

which occur on lands or waters in

Alaska other than public lands when

such activities interfere with

subsistence hunting, fishing, or trapping

on the public lands to such an extent as

to result in a failure to provide the

subsistence priority.

(b) Membership. (1) The voting

members of the Board are: a Chair to be

appointed by the Secretary of the

Interior with the concurrence of the

Secretary of Agriculture; the Alaska

Regional Director, U.S. Fish and

Wildlife Service; Alaska Regional

Director, National Park Service; Alaska

Regional Forester, USDA Forest Service;

the Alaska State Director, Bureau of

Land Management; and the Alaska Area

Director, Bureau of Indian Affairs. Each

member of the Board may appoint a

designee.

(2) [Reserved].

(c) Liaisons to the Board are: a State

liaison, and the Chairman of each

Regional Council. The State liaison and

the Chairman of each Regional Council

may attend public sessions of all Board

meetings and be actively involved as

consultants to the Board.

(d) Powers and duties. (1) The Board

shall meet at least twice per year and at

such other times as deemed necessary.

Meetings shall occur at the call of the

Chair, but any member may request a

meeting.

(2) A quorum consists of four

members.

(3) No action may be taken unless a

majority of voting members are in

agreement.

(4) The Board is empowered, to the

extent necessary, to implement Title

VIII of ANILCA, to:

(i) Issue regulations for the

management of subsistence taking and

uses of fish and wildlife on public

lands;

(ii) Determine which communities or

areas of the State are rural or non-rural;

(iii) Determine which rural Alaska

areas or communities have customary

and traditional subsistence uses of

specific fish and wildlife populations;

(iv) Allocate subsistence uses of fish

and wildlife populations on public

lands;

(v) Ensure that the taking on public

lands of fish and wildlife for

nonwasteful subsistence uses shall be

accorded priority over the taking on

such lands of fish and wildlife for other

purposes;

(vi) Close public lands to the nonsubsistence taking of fish and wildlife;

(vii) Establish priorities for the

subsistence taking of fish and wildlife

on public lands among rural Alaska

residents;

(viii) Restrict or eliminate taking of

fish and wildlife on public lands;

(ix) Determine what types and forms

of trade of fish and wildlife taken for

subsistence uses constitute allowable

customary trade;

(x) Authorize the Regional Councils to

convene;

(xi) Establish a Regional Council in

each subsistence resource region and

recommend to the Secretaries,

appointees to the Regional Councils,

pursuant to the FACA;

(xii) Establish Federal Advisory

Committees within the subsistence

resource regions, if necessary and

recommend to the Secretaries that

members of the Federal Advisory

Committees be appointed from the

group of individuals nominated by rural

Alaska residents;

(xiii) Establish rules and procedures

for the operation of the Board, and the

Regional Councils;

(xiv) Review and respond to proposals

for regulations, management plans,

31540 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

policies, and other matters related to

subsistence taking and uses of fish and

wildlife;

(xv) Enter into cooperative agreements

or otherwise cooperate with Federal

agencies, the State, Native

organizations, local governmental

entities, and other persons and

organizations, including international

entities to effectuate the purposes and

policies of the Federal subsistence

management program;

(xvi) Develop alternative permitting

processes relating to the subsistence

taking of fish and wildlife to ensure

continued opportunities for subsistence;

(xvii) Evaluate whether hunting,

fishing, or trapping activities which

occur on lands or waters in Alaska other

than public lands interfere with

subsistence hunting, fishing, or trapping

on the public lands to such an extent as

to result in a failure to provide the

subsistence priority, and after

appropriate consultation with the State

of Alaska, the Regional Councils, and

other Federal agencies, make a

recommendation to the Secretaries for

their action;

(xviii) Identify, in appropriate specific

instances, whether there exists

additional Federal reservations, Federal

reserved water rights or other Federal

interests in lands or waters, including

those in which the United States holds

less than a fee ownership, to which the

Federal subsistence priority attaches,

and make appropriate recommendation

to the Secretaries for inclusion of those

interests within the Federal Subsistence

Management Program; and

(xix) Take other actions authorized by

the Secretaries to implement Title VIII

of ANILCA.

(5) The Board may implement one or

more of the following harvest and

harvest reporting or permit systems:

(i) The fish and wildlife is taken by an

individual who is required to obtain and

possess pertinent State harvest permits,

tickets, or tags, or Federal permit

(Federal Subsistence Registration

Permit);

(ii) A qualified subsistence user may

designate another qualified subsistence

user (by using the Federal Designated

Harvester Permit) to take fish and

wildlife on his or her behalf;

(iii) The fish and wildlife is taken by

individuals or community

representatives permitted (via a Federal

Subsistence Registration Permit) a onetime or annual harvest for special

purposes including ceremonies and

potlatches; or

(iv) The fish and wildlife is taken by

representatives of a community

permitted to do so in a manner

consistent with the community’s

customary and traditional practices.

(6) The Board may delegate to agency

field officials the authority to set harvest

and possession limits, define harvest

areas, specify methods or means of

harvest, specify permit requirements,

and open or close specific fish or

wildlife harvest seasons within

frameworks established by the Board.

(7) The Board shall establish a Staff

Committee for analytical and

administrative assistance composed of

members from the U.S. Fish and

Wildlife Service, National Park Service,

U.S. Bureau of Land Management,

Bureau of Indian Affairs, and USDA

Forest Service. A U.S. Fish and Wildlife

Service representative shall serve as

Chair of the Staff Committee.

(8) The Board may establish and

dissolve additional committees as

necessary for assistance.

(9) The U.S. Fish and Wildlife Service

shall provide appropriate administrative

support for the Board.

(10) The Board shall authorize at least

two meetings per year for each Regional

Council.

(e) Relationship to Regional Councils.

(1) The Board shall consider the reports

and recommendations of the Regional

Councils concerning the taking of fish

and wildlife on public lands within

their respective regions for subsistence

uses. The Board may choose not to

follow any Regional Council

recommendation which it determines is

not supported by substantial evidence,

violates recognized principles of fish

and wildlife conservation, would be

detrimental to the satisfaction of

subsistence needs, or in closure

situations, for reasons of public safety or

administration or to assure the

continued viability of a particular fish

or wildlife population. If a

recommendation is not adopted, the

Board shall set forth the factual basis

and the reasons for the decision, in

writing, in a timely fashion.

(2) The Board shall provide available

and appropriate technical assistance to

the Regional Councils.

§llll.11 Regional advisory councils.

(a) The Board shall establish a

Regional Council for each subsistence

resource region to participate in the

Federal subsistence management

program. The Regional Councils shall be

established, and conduct their activities,

in accordance with the FACA. The

Regional Councils shall provide a

regional forum for the collection and

expression of opinions and

recommendations on matters related to

subsistence taking and uses of fish and

wildlife resources on public lands. The

Regional Councils shall provide for

public participation in the Federal

regulatory process.

(b) Establishment of Regional

Councils; membership. (1) The number

of members for each Regional Council

shall be established by the Board, and

shall be an odd number. A Regional

Council member must be a resident of

the region in which he or she is

appointed and be knowledgeable about

the region and subsistence uses of the

public lands therein. The Board shall

accept nominations and recommend to

the Secretaries that representatives on

the Regional Councils be appointed

from those nominated by subsistence

users. Appointments to the Regional

Councils shall be made by the

Secretaries.

(2) Regional Council members shall

serve 3-year terms and may be

reappointed. Initial members shall be

appointed with staggered terms up to 3

years.

(3) The Chair of each Regional

Council shall be elected by the

applicable Regional Council, from its

membership, for a 1-year term and may

be reelected.

(c) Powers and duties. (1) The

Regional Councils are authorized to:

(i) Hold public meetings related to

subsistence uses of fish and wildlife

within their respective regions, after the

Chair of the Board or the designated

Federal Coordinator has called the

meeting and approved the meeting

agenda;

(ii) Elect officers;

(iii) Review, evaluate, and make

recommendations to the Board on

proposals for regulations, policies,

management plans, and other matters

relating to the subsistence take of fish

and wildlife under the regulations in

this part within the region;

(iv) Provide a forum for the

expression of opinions and

recommendations by persons interested

in any matter related to the subsistence

uses of fish and wildlife within the

region;

(v) Encourage local and regional

participation, pursuant to the provisions

of the regulations in this part in the

decisionmaking process affecting the

taking of fish and wildlife on the public

lands within the region for subsistence

uses;

(vi) Prepare and submit to the Board

an annual report containing—

(A) An identification of current and

anticipated subsistence uses of fish and

wildlife populations within the region;

(B) An evaluation of current and

anticipated subsistence needs for fish

and wildlife populations from the

public lands within the region;

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31541

(C) A recommended strategy for the

management of fish and wildlife

populations within the region to

accommodate such subsistence uses and

needs related to the public lands; and

(D) Recommendations concerning

policies, standards, guidelines, and

regulations to implement the strategy;

(vii) Appoint members to each

Subsistence Resource Commission

within their region in accordance with

the requirements of section 808 of

ANILCA;

(viii) Make recommendations on

determinations of customary and

traditional use of subsistence resources;

(ix) Make recommendations on

determinations of rural status;

(x) Make recommendations regarding

the allocation of subsistence uses among

rural Alaska residents pursuant to

§ll.17;

(xi) Develop proposals pertaining to

the subsistence taking and use of fish

and wildlife under the regulations in

this part, and review and evaluate such

proposals submitted by other sources;

(xii) Provide recommendations on the

establishment and membership of

Federal Advisory Committees.

(2) The Regional Councils shall:

(i) Operate in conformance with the

provisions of FACA and comply with

rules of operation established by the

Board;

(ii) Perform other duties specified by

the Board.

§llll.12 Local advisory committees.

(a) The Board shall establish such

local Federal Advisory Committees

within each region as necessary at such

time that it is determined, after notice

and hearing and consultation with the

State, that the existing State fish and

game advisory committees do not

adequately provide advice to, and assist,

the particular Regional Council in

carrying out its function as set forth in

§ll.11.

(b) Local Federal Advisory

Committees, if established by the Board,

shall operate in conformance with the

provisions of the FACA, and comply

with rules of operation established by

the Board.

§llll.13 Board/agency relationships.

(a) General. (1) The Board, in making

decisions or recommendations, shall

consider and ensure compliance with

specific statutory requirements

regarding the management of resources

on public lands, recognizing that the

management policies applicable to some

public lands may entail methods of

resource and habitat management and

protection different from methods

appropriate for other public lands.

(2) The Board shall issue regulations

for subsistence taking of fish and

wildlife on public lands. The Board is

the final administrative authority on the

promulgation of subpart C and D

regulations relating to the subsistence

taking of fish and wildlife on public

lands.

(3) Nothing in the regulations in this

part shall enlarge or diminish the

authority of any agency to issue

regulations necessary for the proper

management of public lands under their

jurisdiction in accordance with ANILCA

and other existing laws.

(b) Section 808 of ANILCA establishes

National Park and Park Monument

Subsistence Resource Commissions.

Nothing in the regulations in this part

affects the duties or authorities of these

commissions.

§llll.14 Relationship to State

procedures and regulations.

(a) State fish and game regulations

apply to public lands and such laws are

hereby adopted and made a part of the

regulations in this part to the extent

they are not inconsistent with, or

superseded by the regulations in this

part.

(b) The Board may close public lands

to hunting and fishing, or take actions

to restrict the taking of fish and wildlife

despite any State authorization for

taking fish and wildlife on public lands.

The Board may review and adopt State

openings, closures, or restrictions which

serve to achieve the objectives of the

regulations in this part.

(c) The Board may enter into

agreements with the State in order to

coordinate respective management

responsibilities.

(d) Petition for repeal of subsistence

rules and regulations. (1) The State of

Alaska may petition the Secretaries for

repeal of the subsistence rules and

regulations in this part when the State

has enacted and implemented

subsistence management and use laws

which:

(i) Are consistent with sections 803,

804, and 805 of ANILCA; and

(ii) Provide for the subsistence

definition, preference, and participation

specified in sections 803, 804, and 805

of ANILCA.

(2) The State’s petition shall:

(i) Be submitted to the Secretary of the

Interior, U.S. Department of the Interior,

Washington, DC 20240, and the

Secretary of Agriculture, U.S.

Department of Agriculture, Washington,

DC 20240;

(ii) Include the entire text of

applicable State legislation indicating

compliance with sections 803, 804, and

805 of ANILCA; and

(iii) Set forth all data and arguments

available to the State in support of

legislative compliance with sections

803, 804, and 805 of ANILCA.

(3) If the Secretaries find that the

State’s petition contains adequate

justification, a rulemaking proceeding

for repeal of the regulations in this part

will be initiated. If the Secretaries find

that the State’s petition does not contain

adequate justification, the petition will

be denied by letter or other notice, with

a statement of the ground for denial.

§llll.15 Rural determination process.

(a) The Board shall determine if an

area or community in Alaska is rural. In

determining whether a specific area of

Alaska is rural, the Board shall use the

following guidelines:

(1) A community or area with a

population of 2500 or less shall be

deemed to be rural unless such a

community or area possesses significant

characteristics of a non-rural nature, or

is considered to be socially and

economically a part of an urbanized

area.

(2) Communities or areas with

populations above 2500 but not more

than 7000 will be determined to be rural

or non-rural.

(3) A community with a population of

more than 7000 shall be presumed nonrural, unless such a community or area

possesses significant characteristics of a

rural nature.

(4) Population data from the most

recent census conducted by the United

States Bureau of Census as updated by

the Alaska Department of Labor shall be

utilized in this process.

(5) Community or area characteristics

shall be considered in evaluating a

community’s rural or non-rural status.

The characteristics may include, but are

not limited to:

(i) Use of fish and wildlife;

(ii) Development and diversity of the

economy;

(iii) Community infrastructure;

(iv) Transportation; and

(v) Educational institutions.

(6) Communities or areas which are

economically, socially and communally

integrated shall be considered in the

aggregate.

(b) The Board shall periodically

review rural determinations. Rural

determinations shall be reviewed on a

ten year cycle, commencing with the

publication of the year 2000 U.S.

census. Rural determinations may be

reviewed out-of-cycle in special

circumstances. Once the Board makes a

determination that a community has

changed from rural to non-rural, a

waiting period of five years shall be

required before the non-rural

determination becomes effective.

31542 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

(c) Current determinations are listed

at §ll.23.

§llll.16 Customary and traditional

use determination process.

(a) The Board shall determine which

fish stocks and wildlife populations

have been customarily and traditionally

used for subsistence. These

determinations shall identify the

specific community’s or area’s use of

specific fish stocks and wildlife

populations. For areas managed by the

National Park Service, where

subsistence uses are allowed, the

determinations may be made on an

individual basis.

(b) A community or area shall

generally exhibit the following factors,

which exemplify customary and

traditional use. The Board shall make

customary and traditional use

determinations based on application of

the following factors:

(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.

(c) The Board shall take into

consideration the reports and

recommendations of any appropriate

Regional Council regarding customary

and traditional uses of subsistence

resources.

(d) Current determinations are listed

in §ll.24.

§llll.17 Determining priorities for

subsistence uses among rural Alaska

residents.

(a) Whenever it is necessary to restrict

the subsistence taking of fish and

wildlife on public lands in order to

protect the continued viability of such

populations, or to continue subsistence

uses, the Board shall establish a priority

among the rural Alaska residents after

considering any recommendation

submitted by an appropriate Regional

Council.

(b) The priority shall be implemented

through appropriate limitations based

on the application of the following

criteria to each area, community, or

individual determined to have

customary and traditional use, as

necessary:

(1) Customary and direct dependence

upon the populations as the mainstay of

livelihood;

(2) Local residency; and

(3) The availability of alternative

resources.

(c) If allocation on an area or

community basis is not achievable, then

the Board shall allocate subsistence

opportunity on an individual basis

through application of the criteria in

paragraphs (b)(1) through (3) of this

section.

(d) In addressing a situation where

prioritized allocation becomes

necessary, the Board shall solicit

recommendations from the Regional

Council in the area affected.

§llll.18 Regulation adoption

process.

(a) Proposals for changes to the

Federal subsistence regulations in

subpart D of this part shall be accepted

by the Board according to a published

schedule. The Board may establish a

rotating schedule for accepting

proposals on various parts of subpart D

regulations over a period of years. The

Board shall develop and publish

proposed regulations in the Federal

Register and publish notice in local

newspapers. Comments on the proposed

regulations in the form of proposals

shall be distributed for public review.

(1) Proposals shall be made available

for at least a thirty (30) day review by

the Regional Councils. Regional

Councils shall forward their

recommendations on proposals to the

Board. Such proposals with

recommendations may be submitted in

the time period as specified by the

Board or as a part of the Regional

Council’s annual report described in

§ll.11, whichever is earlier.

(2) The Board shall publish notice

throughout Alaska of the availability of

proposals received.

(3) The public shall have at least

thirty (30) days to review and comment

on proposals.

(4) After the comment period the

Board shall meet to receive public

testimony and consider the proposals.

The Board shall consider traditional use

patterns when establishing harvest

levels and seasons, and methods and

means. The Board may choose not to

follow any recommendation which the

Board determines is not supported by

substantial evidence, violates

recognized principles of fish and

wildlife conservation, or would be

detrimental to the satisfaction of

subsistence needs. If a recommendation

approved by a Regional Council is not

adopted by the Board, the Board shall

set forth the factual basis and the

reasons for its decision in writing to the

Regional Council.

(5) Following consideration of the

proposals the Board shall publish final

regulations pertaining to subpart D of

this part in the Federal Register.

(b) Proposals for changes to subpart C

of this part shall be accepted by the

Board according to a published

schedule. The Board shall develop and

publish proposed regulations in the

Federal Register and publish notice in

local newspapers. Comments on the

proposed regulations in the form of

proposals shall be distributed for public

review.

(1) Public and governmental

proposals shall be made available for a

thirty (30) day review by the regional

councils. Regional Councils shall

forward their recommendations on

proposals to the Board. Such proposals

with recommendations may be

submitted within the time period as

specified by the Board or as a part of the

Regional Council’s annual report

described in §ll.11, whichever is

earlier.

(2) The Board shall publish notice

throughout Alaska of the availability of

proposals received.

(3) The public shall have at least

thirty (30) days to review and comment

on proposals.

(4) After the comment period the

Board shall meet to receive public

testimony and consider the proposals.

The Board may choose not to follow any

recommendation which the Board

determines is not supported by

substantial evidence, violates

recognized principles of fish and

wildlife conservation, or would be

detrimental to the satisfaction of

subsistence needs. If a recommendation

approved by a Regional Council is not

adopted by the Board, the Board shall

set forth the factual basis and the

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31543

reasons for their decision in writing to

the Regional Council.

(5) Following consideration of the

proposals the Board shall publish final

regulations pertaining to subpart C of

this part in the Federal Register. A

Board decision to change a community’s

or area’s status from rural to non-rural

will not become effective until five

years after the decision has been made.

(c) [Reserved]

(d) Proposals for changes to subparts

A and B of this part shall be accepted

by the Secretary of the Interior in

accordance with 43 CFR part 14.

§llll.19 Special actions.

(a) The Board may restrict, close, or

reopen the taking of fish and wildlife for

non-subsistence uses on public lands

when necessary to assure the continued

viability of a particular fish or wildlife

population, to continue subsistence uses

of a fish or wildlife population, or for

reasons of public safety or

administration.

(b) The Board may open, close, or

restrict subsistence uses of a particular

fish or wildlife population on public

lands to assure the continued viability

of a fish or wildlife population, to

continue subsistence uses of a fish or

wildlife population, or for reasons of

public safety or administration.

(c) The Board will accept a request for

a change in seasons, methods and

means, and/or harvest limits under this

§ll.19 only if there are extenuating

circumstances necessitating a regulatory

change before the next annual subpart D

proposal cycle. Extenuating

circumstances include unusual and

significant changes in resource

abundance or unusual conditions

affecting harvest opportunities that

could not reasonably have been

anticipated and that potentially could

have significant adverse effects on the

health of fish and wildlife populations

or subsistence uses. Requests for Special

Action that do not meet these

conditions will be deferred to the next

annual regulatory proposal cycle. In

general, changes to Customary and

Traditional Use Determinations will

only be considered through the annual

subpart C proposal cycle.

(d) In an emergency situation, the

Board may immediately open, close,

liberalize, or restrict subsistence uses of

fish and wildlife on public lands, or

close or restrict non-subsistence uses of

fish and wildlife on public lands, if

necessary to assure the continued

viability of a fish or wildlife population,

to continue subsistence uses of fish or

wildlife, or for public safety reasons.

Prior to implementing an emergency

action, the Board shall consult with the

State. The emergency action shall be

effective when directed by the Board,

may not exceed 60 days, and may not

be extended unless it is determined by

the Board, after notice and public

hearing, that such action should be

extended. The Board shall, in a timely

manner, provide notice via radio

announcement or personal contact of

the emergency action and shall publish

notice and reasons justifying the

emergency action in newspapers of any

area affected, and in the Federal

Register thereafter.

(e) After consultation with the State,

the appropriate Regional Advisory

Council(s), and adequate notice and

public hearing, the Board may make or

direct a temporary change to close,

open, or adjust the seasons, to modify

the harvest limits, or to modify the

methods and means of harvest for

subsistence uses of fish and wildlife

populations on public lands. An

affected rural resident, community,

Regional Council, or administrative

agency may request a temporary change

in seasons, harvest limits, or methods or

means of harvest. In addition, a

temporary change may be made only

after the Board determines that the

proposed temporary change will not

interfere with the conservation of

healthy fish and wildlife populations,

will not be detrimental to the long-term

subsistence use of fish or wildlife

resources, and is not an unnecessary

restriction on non-subsistence users.

The decision of the Board shall be the

final administrative action. The

temporary change shall be effective

when directed by the Board following

notice in the affected area(s). This notice

may include publication in newspapers

or announcement on local radio

stations. The Board shall publish notice

and reasons justifying the temporary

action in the Federal Register thereafter.

The length of any temporary change

shall be confined to the minimum time

period or harvest limit determined by

the Board to be necessary to satisfy

subsistence uses. A temporary opening

or closure will not extend beyond the

regulatory year for which it is

promulgated.

(f) Regulations authorizing any

individual agency to direct temporary or

emergency closures on public lands

managed by the agency remain

unaffected by the regulations in this

part, which authorize the Board to make

or direct restrictions, closures, or

temporary changes for subsistence uses

on public lands.

(g) You may not take fish and wildlife

in violation of a restriction, closure,

opening, or temporary change

authorized by the Board.

§llll.20 Request for reconsideration.

(a) Regulations in subparts C and D of

this part published in the Federal

Register are subject to requests for

reconsideration.

(b) Any aggrieved person may file a

request for reconsideration with the

Board.

(c) To file a request for

reconsideration, you must notify the

Board in writing within sixty (60) days

of the effective date or date of

publication of the notice, whichever is

earliest, for which reconsideration is

requested.

(d) It is your responsibility to provide

the Board with sufficient narrative

evidence and argument to show why the

action by the Board should be

reconsidered. The Board will accept a

request for reconsideration only if it is

based upon information not previously

considered by the Board, demonstrates

that the existing information used by the

Board is incorrect, or demonstrates that

the Board’s interpretation of

information, applicable law, or

regulation is in error or contrary to

existing law. You must include the

following information in your request

for reconsideration:

(1) Your name, and mailing address;

(2) The action which you request be

reconsidered and the date of Federal

Register publication of that action;

(3) A detailed statement of how you

are adversely affected by the action;

(4) A detailed statement of the facts of

the dispute, the issues raised by the

request, and specific references to any

law, regulation, or policy that you

believe to be violated and your reason

for such allegation;

(5) A statement of how you would like

the action changed.

(e) Upon receipt of a request for

reconsideration, the Board shall

transmit a copy of such request to any

appropriate Regional Council for review

and recommendation. The Board shall

consider any Regional Council

recommendations in making a final

decision.

(f) If the request is justified, the Board

shall implement a final decision on a

request for reconsideration after

compliance with 5 U.S.C. 551–559

(APA).

(g) If the request is denied, the

decision of the Board represents the

final administrative action.

§llll.21 [Reserved]

Subpart C—Board Determinations

3. Amend subpart C of 36 CFR part

242 and 50 CFR part 100 by revising

§§ll.22 and ll.23 to read as

follows:

31544 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

§llll.22 Subsistence resource

regions.

(a) The Board hereby designates the

following areas as subsistence resource

regions:

(1) Southeast Region;

(2) Southcentral Region;

(3) Kodiak/Aleutians Region;

(4) Bristol Bay Region;

(5) Yukon-Kuskokwim Delta Region;

(6) Western Interior Region;

(7) Seward Peninsula Region;

(8) Northwest Arctic Region;

(9) Eastern Interior Region;

(10) North Slope Region.

(b) You may obtain maps delineating

the boundaries of subsistence resources

regions from the U.S. Fish and Wildlife

Service, 1011 East Tudor Road,

Anchorage, Alaska 99503.

§llll.23 Rural determinations.

(a) The Board has determined all

communities and areas to be rural in

accordance with §ll.15 except the

following:

Adak;

Fairbanks North Star Borough;

Juneau area—including Juneau, West

Juneau and Douglas;

Ketchikan area—including Ketchikan

City, Clover Pass, North Tongass

Highway, Ketchikan East, Mountain

Pass, Herring Cove, Saxman East, and

parts of Pennock Island;

Municipality of Anchorage;

Valdez; and

Wasilla area—including Palmer,

Wasilla, Sutton, Big Lake, Houston, and

Bodenberg Butte. You may obtain maps

delineating the boundaries of non-rural

areas from the U.S. Fish and Wildlife

Service.

(b) [Reserved].

4. Amend §ll.24 by revising

paragraph (a) introductory text to read

as follows:

§ll.24 Customary and traditional use

determinations.

(a) The Federal Subsistence Board has

determined that rural Alaska residents

of the listed communities, areas, and

individuals have customary and

traditional use of the specified species

on Federal public land in the specified

areas. Persons granted individual

customary and traditional use

determinations will be notified in

writing by the Board. The Fish &

Wildlife Service and the local NPS

Superintendent will maintain the list of

individuals having customary and

traditional use on National Parks and

Monuments. A copy of the list is

available upon request. When there is a

determination for specific communities

or areas of residence in a Unit, all other

communities not listed for that species

in that Unit have no Federal subsistence

for that species in that Unit. If no

determination has been made for a

species in a Unit, all rural Alaska

residents are eligible to harvest fish or

wildlife under this part.

* * * * *

Dated: June 4, 2001.

Gale Norton,

Secretary of the Interior.

James A. Caplan,

Acting Regional Forester, USDA-Forest

Service.

[FR Doc. 01–14717 Filed 6–11–01; 8:45 am]

BILLING CODE 3410–11–P; 4310–55–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NJ43–219; FRL–6990–

4]

Approval and Promulgation of

Implementation Plans; New Jersey;

Motor Vehicle Inspection and

Maintenance Program

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) has found that the State

of New Jersey has implemented the

enhanced Inspection and Maintenance

(I/M) program. EPA, therefore, is

terminating all sanctions clocks related

to the implementation of the New Jersey

enhanced I/M program upon the

effective date of this document. This

action also reinstates the interim

approval granted under Section 348 of

the National Highway Systems

Designation Act of the enhanced I/M

program. The interim approval became

effective on December 13, 1999.

EFFECTIVE DATE: This rule will be

effective July 12, 2001.

ADDRESSES: Copies of the documents

relevant to this action are available at

the following addresses for inspection

during normal business hours:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866; New Jersey

Department of Environmental

Protection, Office of Air Quality

Management, Bureau of Air Pollution

Control, 401 East State Street, CN027,

Trenton, New Jersey 08625; and

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M Street,

SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Judy-Ann Mitchell, Air Programs

Branch, Environmental Protection

Agency, 290 Broadway, 25th Floor, New

York, New York 10278, (212) 637–4249.

SUPPLEMENTARY INFORMATION:

I. What Is EPA Taking Action On?

On November 19, 1999, New Jersey

notified EPA by letter that the

mandatory enhanced I/M program

would be implemented on December 13,

1999. EPA had been working closely

with the State during the phase-in

period of the enhanced I/M program and

agreed that the State would have the

program implemented on December 13,

1999. Therefore, on December 17, 1999

(64 FR 70659), EPA proposed to find

that the State of New Jersey had

implemented its enhanced I/M program

by December 13, 1999. EPA also

proposed to reinstate the interim

approval under Section 348 of the

NHSDA of the enhanced I/M program

effective on December 13, 1999.

Also in the December 17, 1999

Federal Register, EPA published an

interim final rule (64 FR 70593), which

stayed the application of the offset

sanction and deferred the highway

sanction as of December 13, 1999.

Although the State of New Jersey had

numerous start-up problems, the

program was implemented and is

currently operational. A description of

EPA’s rationale for our proposed action

was presented in the proposal and will

not be restated here. No public

comments were received on the

proposal.

II. Final Action

Upon the effective date of today’s

action, all sanctions clocks related to the

implementation of New Jersey’s

enhanced I/M program are terminated.

In addition, the interim approval of New

Jersey’s enhanced I/M program is

reinstated. Since approximately six

months of the interim period had passed

by December 12, 1997, the State had the

remaining 12 months of the interim

approval period to demonstrate their I/

M program’s test and repair network

effectiveness. On December 13, 2000,

New Jersey submitted their I/M

program’s test and repair network

effectiveness demonstration.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this final action

is not a ‘‘significant regulatory action’’

and therefore is not subject to review by

the Office of Management and Budget.

This final action merely approves state

law as meeting federal requirements and

imposes no additional requirements