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Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations 13377 § 664.31 What selection criteria does the DEPARTMENT OF AGRICULTURE enacts and implements laws of general Secretary use? applicability that are consistent with Forest Service The Secretary uses the criteria in this ANILCA and that provide for the section to evaluate applications for the subsistence definition, preference, and 36 CFR Part 242 purpose of recommending to the J. participation specified in Sections 803, 804, and 805 of ANILCA. In 1978, the William Fulbright Foreign Scholarship DEPARTMENT OF THE INTERIOR State implemented a program that the Board Group Projects Abroad for Department of the Interior previously funding under this part. Fish and Wildlife Service found to be consistent with ANILCA. * * * * * However, in December 1989, the Alaska 50 CFR Part 100 Supreme Court ruled in McDowell v. PART 669—LANGUAGE RESOURCE RIN 1018–AT46 State of Alaska that the rural preference CENTERS PROGRAM in the State subsistence statute violated the Alaska Constitution. The Court’s I Subsistence Management Regulations 47. The authority citation for part 669 for Public Lands in Alaska, Subpart C ruling in McDowell required the State to continues to read as follows: and Subpart D—2005–06 Subsistence delete the rural preference from the Authority: 20 U.S.C. 1123, unless Taking of Fish and Shellfish subsistence statute and, therefore, otherwise noted. Regulations negated State compliance with ANILCA. The Court stayed the effect of the I 48. Section 669.20 is revised to read as AGENCIES: Forest Service, Agriculture; decision until July 1, 1990. follows: Fish and Wildlife Service, Interior. As a result of the McDowell decision, ACTION: Final rule. § 669.20 How does the Secretary evaluate the Department of the Interior and the an application? Department of Agriculture SUMMARY: This final rule establishes (Departments) assumed, on July 1, 1990, The Secretary evaluates an regulations for seasons, harvest limits, responsibility for implementation of application for an award on the basis of methods, and means related to taking of Title VIII of ANILCA on public lands. the criteria contained in §§ 669.21 and fish and shellfish for subsistence uses On June 29, 1990, the Temporary 669.22. The Secretary informs during the 2005–06 regulatory year. The Subsistence Management Regulations applicants of the maximum possible rulemaking is necessary because for Public Lands in Alaska were Subpart D is subject to an annual public score for each criterion in the published in the Federal Register (55 review cycle. This rulemaking replaces application package or in a notice FR 27114). On January 8, 1999 (64 FR the fish and shellfish taking regulations published in the Federal Register. 1276), the Departments extended included in the ‘‘Subsistence jurisdiction to include waters in which (Authority: 20 U.S.C. 1123) Management Regulations for Public there exists a Federal reserved water Lands in Alaska, Subpart C and Subpart I 49. Section 669.21 is amended by— right. This amended rule conformed the D—2004 Subsistence Taking of Fish and Federal Subsistence Management I A. Removing all of the parentheticals Wildlife Regulations,’’ which expire on Program to the Ninth Circuit’s ruling in that end in ‘‘points)’’; March 31, 2005. This rule also amends Alaska v. Babbitt. Consistent with I B. In paragraph (c), removing the the Customary and Traditional Use Subparts A, B, and C of these symbol ‘‘§’’; and Determinations of the Federal regulations as revised May 7, 2002 (67 ll Subsistence Board (Section .24 of FR 30559), the Departments established I C. Revising the introductory text to Subpart C). read as follows: a Federal Subsistence Board to DATES: Sections ll.24(a)(2) and (3) are administer the Federal Subsistence § 669.21 What selection criteria does the effective April 1, 2005. Sections ll.27 Management Program. The Board’s Secretary use? and ll.28 are effective April 1, 2005, composition includes a Chair appointed through March 31, 2006. by the Secretary of the Interior with The Secretary evaluates an FOR FURTHER INFORMATION CONTACT: concurrence of the Secretary of application on the basis of the criteria Chair, Federal Subsistence Board, c/o Agriculture; the Alaska Regional in this section. U.S. Fish and Wildlife Service, Director, U.S. Fish and Wildlife Service; * * * * * Attention: Thomas H. Boyd, Office of the Alaska Regional Director, U.S. [FR Doc. 05–5547 Filed 3–18–05; 8:45 am] Subsistence Management; (907) 786– National Park Service; the Alaska State 3888. For questions specific to National Director, U.S. Bureau of Land BILLING CODE 4000–01–P Forest System lands, contact Steve Management; the Alaska Regional Kessler, Regional Subsistence Program Director, U.S. Bureau of Indian Affairs; Manager, USDA, Forest Service, Alaska and the Alaska Regional Forester, USDA Region, (907) 786–3592. Forest Service. Through the Board, these SUPPLEMENTARY INFORMATION: agencies participated in the development of regulations for Subparts Background A, B, and C, and the annual Subpart D Title VIII of the Alaska National regulations. Interest Lands Conservation Act All Board members have reviewed (ANILCA) (16 U.S.C. 3111–3126) this rule and agree with its substance. requires that the Secretary of the Interior Because this rule relates to public lands and the Secretary of Agriculture managed by agencies in both the (Secretaries) implement a joint program Departments of Agriculture and the to grant a preference for subsistence Interior, identical text will be uses of fish and wildlife resources on incorporated into 36 CFR part 242 and public lands, unless the State of Alaska 50 CFR part 100. VerDate jul<14>2003 15:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 13378 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations Applicability of Subparts A, B, and C Subpart D regulations are subject to Kuskokwim Rivers. The Board rejected Subparts A, B, and C (unless an annual cycle and require these proposals because the current otherwise amended) of the Subsistence development of an entire new rule each fishing schedules are a result of a Management Regulations for Public year. Customary and traditional use coordinated effort by users and Lands in Alaska, 50 CFR 100.1 to 100.23 determinations are also subject to an government bodies to rebuild depressed annual review process providing for salmon stocks and are for the long-term and 36 CFR 242.1 to 242.23, remain modification each year. We published benefit of all users. Additionally, in- effective and apply to this rule. proposed Subpart D regulations for the season managers already have the Therefore, all definitions located at 50 2005–06 seasons, harvest limits, and authority to relax schedules when run CFR 100.4 and 36 CFR 242.4 apply to methods and means on February 3, strength is adequate to allow additional regulations found in this subpart. 2004, in the Federal Register (69 FR harvest. Federal Subsistence Regional Advisory 5105). A 45-day comment period The Board rejected one proposal that Councils providing for public review of the would have removed the requirement for a Federal subsistence fishing permit Pursuant to the Record of Decision, proposed rule and calling for proposals for steelhead in the Yakutat Fishery Subsistence Management Regulations was advertised by mail, radio, and newspaper. During that period, the Management Area. This proposal was for Federal Public Lands in Alaska, Regional Councils met and, in addition rejected because the Board cited a need April 6, 1992, and the Subsistence to other Regional Council business, to have harvest data on a resource that Management Regulations for Federal received suggestions for proposals from is vulnerable to overharvest. Public Lands in Alaska, 36 CFR 242.11 the public. The Board received a total of The Board rejected one proposal and 242.22 (2002) and 50 CFR 100.11 30 proposals for changes to Customary contrary to the recommendation of the and 100.22 (2002), and for the purposes and Traditional Use Determinations or Regional Council in order to prevent identified therein, we divide Alaska into to Subpart D. Subsequent to the review detrimental impacts to subsistence users 10 subsistence resource regions, each of period, the Board prepared a booklet from harassment when taking resources which is represented by a Federal describing the proposals and distributed for ceremonial purposes and in order to Subsistence Regional Advisory Council it to the public. The public had an assure long-term conservation of the (Regional Council). The Regional additional 30 days in which to comment resources being used. Councils provide a forum for rural on the proposals for changes to the Two proposals rejected by the Board residents with personal knowledge of regulations. The 10 Regional Councils related to the incidental take of fish in local conditions and resource then met again, received public the Southeastern Alaska Area. The requirements to exercise a meaningful comments, and formulated their Board viewed these proposals as serving role in the subsistence management of recommendations to the Board on no useful purpose, addressing no fish and wildlife on Alaska public proposals for their respective regions. conservation concerns, being confusing lands. The Regional Council members One of the proposals was not to the users, and generally being represent varied geographical, cultural, considered, being withdrawn before unenforceable. and user diversity within each region. Board consideration. These final The Board rejected one proposal that The Regional Councils had a regulations reflect Board review and would have removed a closure substantial role in reviewing the consideration of Regional Council restriction in the Kutlaku Lake area. proposed rule (69 FR 5105, February 3, recommendations and public comments This proposal was rejected because of a 2004) and making recommendations for on the remaining proposals.
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