32750 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

Dated: June 1, 2001.

James D. Hull,

Rear Admiral, U.S. Coast Guard, Commander,

Ninth Coast Guard District.

[FR Doc. 01–15276 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

Subsistence Management Regulations

for Public Lands in Alaska, Subpart D;

Emergency Closures and

Adjustments—Kuskokwim and Yukon

River Drainages

AGENCIES: Forest Service, USDA; Fish

and Wildlife Service, Interior.

ACTION: Emergency closures and

adjustments.

SUMMARY: This provides notice of the

Federal Subsistence Board’s emergency

closures to protect chinook and chum

salmon escapement in the Kuskokwim

River drainage and chinook and

summer-run chum salmon escapement

in the Yukon River drainage. The Board

included authority for the Federal inseason managers to lift these restrictions

if salmon run strengths are higher than

predicted and conservation and

subsistence needs are likely to be met.

This also provides notice of the Board’s

action to remove an unneeded

requirement for the removal of the

dorsal fin of chinook taken for

subsistence purposes in a portion of the

Yukon River. This regulatory

adjustment and the closures provide an

exception to the Subsistence

Management Regulations for Public

Lands in Alaska, published in the

Federal Register on February 13, 2001.

Those regulations established seasons,

harvest limits, methods, and means

relating to the taking of fish and

shellfish for subsistence uses during the

2001 regulatory year.

DATES: The Kuskokwim River drainage

closure and the Yukon River drainage

regulatory adjustment and closure are

effective June 1, 2001, through July 30,

2001.

FOR FURTHER INFORMATION CONTACT:

Thomas H. Boyd, Office of Subsistence

Management, U.S. Fish and Wildlife

Service, telephone (907) 786–3888. For

questions specific to National Forest

System lands, contact Ken Thompson,

Subsistence Program Manager, USDA—

Forest Service, Alaska Region,

telephone (907) 786–3592.

SUPPLEMENTARY INFORMATION:

Background

Title VIII of the Alaska National

Interest Lands Conservation Act

(ANILCA) (16 U.S.C. 3111–3126)

requires that the Secretary of the Interior

and the Secretary of Agriculture

(Secretaries) implement a joint program

to grant a preference for subsistence

uses of fish and wildlife resources on

public lands in Alaska, unless the State

of Alaska enacts and implements laws

of general applicability that are

consistent with ANILCA and that

provide for the subsistence definition,

preference, and participation specified

in Sections 803, 804, and 805 of

ANILCA. In December 1989, the Alaska

Supreme Court ruled that the rural

preference in the State subsistence

statute violated the Alaska Constitution

and, therefore, negated State compliance

with ANILCA.

The Department of the Interior and

the Department of Agriculture

(Departments) assumed, on July 1, 1990,

responsibility for implementation of

Title VIII of ANILCA on public lands.

The Departments administer Title VIII

through regulations at Title 50, Part 100

and Title 36, Part 242 of the Code of

Federal Regulations (CFR). Consistent

with Subparts A, B, and C of these

regulations, as revised January 8, 1999,

(64 FR 1276), the Departments

established a Federal Subsistence Board

to administer the Federal Subsistence

Management Program. The Board’s

composition includes a Chair appointed

by the Secretary of the Interior with

concurrence of the Secretary of

Agriculture; the Alaska Regional

Director, U.S. Fish and Wildlife Service;

the Alaska Regional Director, National

Park Service; the Alaska State Director,

Bureau of Land Management; the Alaska

Regional Director, Bureau of Indian

Affairs; and the Alaska Regional

Forester, USDA Forest Service. Through

the Board, these agencies participate in

the development of regulations for

Subparts A, B, and C, which establish

the program structure and determine

which Alaska residents are eligible to

take specific species for subsistence

uses, and the annual Subpart D

regulations, which establish seasons,

harvest limits, and methods and means

for subsistence take of species in

specific areas. Subpart D regulations for

the 2001 fishing seasons, harvest limits,

and methods and means were published

on February 13, 2001, (66 FR 10142).

Because this rule relates to public lands

managed by an agency or agencies in

both the Departments of Agriculture and

the Interior, identical closures and

adjustments would apply to 36 CFR part

242 and 50 CFR part 100.

The Alaska Department of Fish and

Game (ADF&G), under the direction of

the Alaska Board of Fisheries (BOF),

manages sport, commercial, personal

use, and State subsistence harvest on all

lands and waters throughout Alaska.

However, on Federal lands and waters,

the Federal Subsistence Board

implements a subsistence priority for

rural residents as provided by Title VIII

of ANILCA. In providing this priority,

the Board may, when necessary,

preempt State harvest regulations for

fish or wildlife on Federal lands and

waters.

These emergency closures and

adjustments are necessary because of

predictions of extremely weak returns of

chinook and chum salmon in the

Kuskokwim River drainage and of

chinook and summer-run chum salmon

in the Yukon River drainage. These

emergency actions are authorized and in

accordance with 50 CFR 100.19(d) and

36 CFR 242.19(d).

Kuskokwim River Drainage

The Federal Subsistence Board,

ADF&G, and subsistence users are

concerned that not enough chinook and

chum salmon will be returning to the

Kuskokwim River and its tributaries in

2001 to meet spawning escapement

objectives or subsistence needs.

Adequate spawning escapement is

necessary to assure sustaining the

population. Last year, subsistence

salmon harvests in the Kuskokwim

River were among the lowest in the past

12 years. Returns of chinook and chum

salmon have been extremely poor over

the last three years. The expected low

runs and poor spawning escapements in

2001 could jeopardize the viability of

future returns. Federal and State

Biologists anticipate that the 2001

salmon returns will be critically low,

and subsistence needs in some areas

may not be met.

The BOF met in January, 2001 to

review the status of salmon returns on

the Kuskokwim River and identified

Kuskokwim River chinook and chum

salmon as stocks of concern. The BOF

then took action to establish a salmon

rebuilding plan for the Kuskokwim

River. In addition, ADF&G has indicated

that no commercial fishing periods are

being considered for June and July for

the Kuskokwim River, that they intend

to limit the sport fishery to one salmon

per person per day, and that they may

close the sport fishery for salmon in the

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32751

entire Kuskokwim River drainage if the

runs are as weak as expected. The

ADF&G biologists and U.S. Fish &

Wildlife Service personnel have been

conducting public meetings, producing

information posters, and publishing

news articles to let the local users know

about concerns regarding the expected

low salmon returns and advise them

regarding the restrictions and closures

to protect spawning escapement.

On May 10, 2001, in public forum and

after hearing testimony, the Federal

Subsistence Board adopted an

emergency action closing the chinook

and chum salmon fishery on Federal

waters in the Kuskokwim River drainage

to all users except those Federallyqualified subsistence users. The closure

is for 60 days (the maximum amount of

time allowed under 50 CFR 100.19(d)

and 36 CFR 242.19(d)) from June 1,

2001, to July 30, 2001. This is the period

of the greatest chinook and chum

salmon run strength in the river. The

effect of that action is to close the sport

take for chinook and chum salmon in

the Kuskokwim River drainage within

the boundaries of the Yukon Delta

National Wildlife Refuge, within or

adjacent to Denali National Park and

Preserve, and within or adjacent to Lake

Clark National Park and Preserve and to

close subsistence harvest on those same

waters by any residents living outside

the Kuskokwim River drainage.

Although commercial fisheries are

currently closed and ADF&G has

indicated that an opening in June or July

is highly unlikely, this action would

prevent any such opening from

occurring on Federal waters.

Additionally, any chinook or chum

salmon taken incidentally in another

fishery must be released immediately. In

other words, if you catch a chinook or

chum salmon while fishing for sheefish

or pike, you must immediately release

it. This regulatory action is necessary to

assure the continued viability of the

chinook and chum salmon runs and

provide a subsistence priority during a

period of limited harvest opportunity.

Should the runs come in stronger than

expected with spawning escapement

and subsistence needs being met, the

delegated field manager may remove

this restriction.

Yukon River Drainage

Returns of chinook and summer chum

salmon to the Yukon River are again

expected to be at or below the record

lows of 2000. Very low catches of

chinook and chum salmon were

reported by many subsistence fishermen

in 2000. Chinook and summer chum

salmon escapement monitoring projects

in 2000 showed that the returns of these

species were very weak throughout most

of the Yukon River drainage. Federal

and State Managers and most

subsistence users in the region have

strong concerns that not enough

chinook or summer chum salmon will

reach their spawning grounds in 2001.

There are similar concerns that

subsistence needs in some areas may

not be met.

At their January 2001 meeting, the

BOF identified the Yukon River chinook

and chum salmon as stocks of concern

and for the first time implemented a

reduced subsistence fishing schedule

due to conservation concerns. In

addition, ADF&G has indicated that any

commercial fishing periods are highly

unlikely for the Yukon River and that

they may close the sport fishery for

chinook salmon if the runs are weak.

The ADF&G biologists and U.S. Fish &

Wildlife Service personnel have been

conducting public meetings, producing

information posters, and publishing

news articles to let the local users know

about concerns regarding the expected

low salmon returns and advise them

regarding the restrictions and closures

to protect spawning escapement.

On May 10, 2001, in public forum and

after hearing testimony, the Federal

Subsistence Board adopted an

emergency action closing the chinook

and summer chum salmon fishery on all

Federal waters in the Yukon River

drainage for 60 days (the maximum

amount of time allowed under 50 CFR

100.19(d) and 36 CFR 242.19(d)) from

June 1, 2001, to July 30, 2001, to all

users except those Federally-qualified.

The effect of that action is to close the

sport take for chinook and summer

chum salmon on Federal waters in the

Yukon River drainage and to close

subsistence harvest on those same

waters by any residents living outside

the Yukon River drainage or the

community of Stebbins. Although

Yukon River commercial salmon

fisheries are currently closed and

ADF&G has indicated that an opening is

highly unlikely, this action would

prevent any such opening from

occurring on Federal waters.

Additionally, any chinook or summer

chum salmon taken incidentally to

another fishery must be released

immediately. In other words, if you

catch a chinook or chum salmon while

fishing for sheefish or pike, you must

immediately release it.

This action is necessary to assure the

continued viability of the chinook and

summer chum salmon runs and to

provide a subsistence priority during a

period of limited harvest opportunity.

Should the runs come in stronger than

expected with spawning escapement

and subsistence needs being met, the

delegated field manager may remove

this restriction. Additionally, with no

commercial harvest scheduled or

expected for the 2001 season, the

requirement found at 50 CFR

100.27(i)(3)(xxi) and 36 CFR

242.27(i)(3)(xxi) to remove the dorsal fin

of subsistence-caught chinook salmon

becomes an unnecessary burden upon

the subsistence user. The Board

therefore temporarily suspended this

requirement during the same period as

the closure.

The Board finds that additional public

notice and comment requirements

under the Administrative Procedures

Act (APA) for these emergency closures

are impracticable, unnecessary, and

contrary to the public interest. Lack of

appropriate and immediate conservation

measures could seriously affect the

continued viability of fish populations,

adversely impact future subsistence

opportunities for rural Alaskans, and

would generally fail to serve the overall

public interest. Therefore, the Board

finds good cause pursuant to 5 U.S.C.

553(b)(3)(B) to waive additional public

notice and comment procedures prior to

implementation of these actions and

pursuant to 5 U.S.C. 553(d) to make this

rule effective June 1, 2001.

Conformance With Statutory and

Regulatory Authorities

National Environmental Policy Act

Compliance

A Final Environmental Impact

Statement (FEIS) was published on

February 28, 1992, and a Record of

Decision on Subsistence Management

for Federal Public Lands in Alaska

(ROD) signed April 6, 1992. The final

rule for Subsistence Management

Regulations for Public Lands in Alaska,

Subparts A, B, and C (57 FR 22940–

22964, published May 29, 1992)

implemented the Federal Subsistence

Management Program and included a

framework for an annual cycle for

subsistence hunting and fishing

regulations. A final rule that redefined

the jurisdiction of the Federal

Subsistence Management Program to

include waters subject to the

subsistence priority was published on

January 8, 1999, (64 FR 1276.)

Compliance With Section 810 of

ANILCA

The intent of all Federal subsistence

regulations is to accord subsistence uses

of fish and wildlife on public lands a

priority over the taking of fish and

wildlife on such lands for other

purposes, unless restriction is necessary

to conserve healthy fish and wildlife

32752 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

populations. A Section 810 analysis was

completed as part of the FEIS process.

The final Section 810 analysis

determination appeared in the April 6,

1992, ROD which concluded that the

Federal Subsistence Management

Program, under Alternative IV with an

annual process for setting hunting and

fishing regulations, may have some local

impacts on subsistence uses, but the

program is not likely to significantly

restrict subsistence uses.

Paperwork Reduction Act

The adjustment and emergency

closures do not contain information

collection requirements subject to Office

of Management and Budget (OMB)

approval under the Paperwork

Reduction Act of 1995.

Other Requirements

The adjustment and emergency

closures have been exempted from OMB

review under Executive Order 12866.

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.) requires

preparation of flexibility analyses for

rules that will have a significant effect

on a substantial number of small

entities, which include small

businesses, organizations, or

governmental jurisdictions. The exact

number of businesses and the amount of

trade that will result from this Federal

land-related activity is unknown. The

aggregate effect is an insignificant

economic effect (both positive and

negative) on a small number of small

entities supporting subsistence

activities, such as boat, fishing tackle,

and gasoline dealers. The number of

small entities affected is unknown; but,

the effects will be seasonally and

geographically-limited in nature and

will likely not be significant under the

definition in this Act . The Departments

certify that the adjustment and

emergency closures will not have a

significant economic effect on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act.

Title VIII of ANILCA requires the

Secretaries to administer a subsistence

preference on public lands. The scope of

this program is limited by definition to

certain public lands. Likewise, the

adjustment and emergency closures

have no potential takings of private

property implications as defined by

Executive Order 12630.

The Service has determined and

certifies pursuant to the Unfunded

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

seq., that the adjustment and emergency

closures will not impose a cost of $100

million or more in any given year on

local or State governments or private

entities. The implementation is by

Federal agencies, and no cost is

involved to any State or local entities or

Tribal governments.

The Service has determined that the

adjustment and emergency closures

meet the applicable standards provided

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

Order 12988, regarding civil justice

reform.

In accordance with Executive Order

13132, the adjustment and emergency

closures do not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Title VIII of ANILCA precludes the State

from exercising management authority

over fish and wildlife resources on

Federal lands. Cooperative salmon run

assessment efforts with ADF&G will

continue.

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951), E.O.

13175, and 512 DM 2, we have

evaluated possible effects on Federally

recognized Indian tribes and have

determined that there are no effects. The

Bureau of Indian Affairs is a

participating agency in this rulemaking.

Drafting Information

William Knauer drafted this

document under the guidance of

Thomas H. Boyd, of the Office of

Subsistence Management, Alaska

Regional Office, U.S. Fish and Wildlife

Service, Anchorage, Alaska. Taylor

Brelsford, Alaska State Office, Bureau of

Land Management; Rod Simmons,

Alaska Regional Office, U.S. Fish and

Wildlife Service; Bob Gerhard, Alaska

Regional Office, National Park Service;

Ida Hildebrand, Alaska Regional Office,

Bureau of Indian Affairs; and Ken

Thompson, USDA-Forest Service,

provided additional guidance.

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

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

1733.

Dated: May 30, 2001.

Kenneth E. Thompson,

Subsistence Program Leader, USDA-Forest

Service.

Thomas H. Boyd,

Acting Chair, Federal Subsistence Board.

[FR Doc. 01–15284 Filed 6–15–01; 8:45 am]

BILLING CODE 3410–11–P; 4310–55–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[UT–001–0033; FRL–6996–9]

Clean Air Act Promulgation of

Extension of Attainment Dates for PM10

Nonattainment Areas; Utah

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is granting a one-year

extension of the attainment date for the

Salt Lake County, Utah nonattainment

area for particulate matter with an

aerodynamic diameter less than or equal

to a nominal 10 micrometers (PM10).

EPA is also granting two one-year

extensions of the attainment date for the

Utah County, Utah PM10 nonattainment

area. Salt Lake and Utah Counties failed

to attain the National Ambient Air

Quality Standards (NAAQS) for PM10 by

the applicable attainment date of

December 31, 1994. The action is based

on EPA’s evaluation of air quality

monitoring data and extension requests

submitted by the State of Utah. EPA is

also making the determination that Salt

Lake County, Utah attained the PM10

NAAQS as of December 31, 1995 and

Utah County, Utah attained the PM10

NAAQS as of December 31, 1996. The

intended effect of this action is to

approve requests from the Governor of

Utah in accordance with section 188(d)

of the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is

effective July 18, 2001.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the Air and Radiation

Program, Environmental Protection

Agency, Region VIII, 999 18th Street,

Suite 300, Denver, Colorado 80202–

2466. Copies of the State documents

relevant to this action are available for

public inspection at the Utah

Department of Environmental Quality,

Division of Air Quality, 150 North 1950

West, Salt Lake City, Utah 84114.

FOR FURTHER INFORMATION CONTACT:

Cindy Rosenberg, EPA, Region VIII,

(303) 312–6436.

SUPPLEMENTARY INFORMATION: On

September 21, 2000 (65 FR 57127), EPA

published a notice of proposed

rulemaking (NPR) for Utah. The NPR

proposed approval of a one-year

extension of the attainment date for the

Salt Lake County, Utah PM10

nonattainment area and two one-year

extensions of the attainment date for the