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Department of Agriculture Department of The Monday, June 25, 2001 Part II Department of Agriculture Forest Service Department of the Interior Fish and Wildlife Service 36 CFR Part 242 and 50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2001–2002; Subsistence Taking of Fish and Wildlife Regulations; Final Rule VerDate 11<MAY>2000 17:32 Jun 22, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25JNR2.SGM pfrm04 PsN: 25JNR2 33744 Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations DEPARTMENT OF AGRICULTURE threatened * * * .’’ As a result, Title Forest Service. Through the Board, these VIII requires, among other things, that agencies participated in the Forest Service the Secretary of the Interior and the development of regulations for Subparts Secretary of Agriculture (Secretaries) A, B, and C, and the annual Subpart D 36 CFR Part 242 implement a joint program to grant a regulations. preference for subsistence uses of fish Federal Subsistence Regional Advisory DEPARTMENT OF THE INTERIOR and wildlife resources on public lands Councils in Alaska, unless the State of Alaska Fish and Wildlife Service enacts and implements laws of general Pursuant to the Record of Decision, applicability that are consistent with Subsistence Management Regulations 50 CFR Part 100 ANILCA and that provide for the for Federal Public Lands in Alaska, subsistence definition, preference, and April 6, 1992, and the Subsistence RIN 1018–AG55 participation specified in Sections 803, Management Regulations for Federal Subsistence Management Regulations 804, and 805 of ANILCA. Public Lands in Alaska, 36 CFR 242.11 for Public Lands in Alaska, Subpart C The State implemented a program that (1999) and 50 CFR 100.11 (1999), and and Subpart D—2001–2002; the Department of the Interior for the purposes identified therein, we divide Alaska into ten subsistence Subsistence Taking of Fish and previously found to be consistent with resource regions, each of which is Wildlife Regulations ANILCA. However, in December 1989, the Alaska Supreme Court ruled in represented by a Federal Subsistence AGENCIES: Forest Service, Agriculture; McDowell v. State of Alaska that the Regional Advisory Council (Regional Fish and Wildlife Service, Interior. rural preference in the State subsistence Council). The Regional Councils ACTION: Final rule. statute violated the Alaska Constitution. provide a forum for rural residents, with The Court’s ruling in McDowell required personal knowledge of local conditions SUMMARY: This final rule establishes the State to delete the rural preference and resource requirements, to have a regulations for seasons, harvest limits, from the subsistence statute and, meaningful role in the subsistence methods, and means related to taking of therefore, negated State compliance management of fish and wildlife on wildlife for subsistence uses in Alaska with ANILCA. The Court stayed the Alaska public lands. The Regional during the 2001–2002 regulatory year. effect of the decision until July 1, 1990. Council members represent varied The rulemaking is necessary because the As a result of the McDowell decision, geographical, cultural, and user regulations governing the subsistence the Department of the Interior and the diversity within each region. harvest of wildlife in Alaska are subject Department of Agriculture Current Rule to an annual public review cycle. This (Departments) assumed, on July 1, 1990, rulemaking replaces the wildlife responsibility for implementation of Because the Subpart D regulations, regulations that expire on June 30, 2001. Title VIII of ANILCA on public lands. which establish seasons and harvest This rule also amends the regulations On June 29, 1990, the Temporary limits and methods and means, are that establish which Alaska residents Subsistence Management Regulations subject to an annual cycle, they require are eligible to take specific species for for Public Lands in Alaska were development of an entire new rule each subsistence uses. published in the Federal Register (55 year. Customary and traditional use determinations (Subpart C) are also DATES: Sections ll.24(a)(1) and FR 27114–27170). As a result of this joint process subject to an annual review process ll.25 are effective July 1, 2001. providing for modification each year. Section ll.26 is effective July 1, 2001, between Interior and Agriculture, these regulations can be found both in titles Section ll.24 (Customary and through June 30, 2002. 36, ‘‘Parks, Forests, and Public traditional use determinations) was FOR FURTHER INFORMATION CONTACT: Property,’’ and 50, ‘‘Wildlife and originally published in the Federal Chair, Federal Subsistence Board, c/o Fisheries,’’ of the Code of Federal Register (57 FR 22940) on May 29, 1992. U.S. Fish and Wildlife Service, Regulations (CFR), at 36 CFR 242.1–28 The regulations at 36 CFR 242.4 and 50 Attention: Thomas H. Boyd, Office of and 50 CFR 100.1–28. The regulations CFR 100.4 define ‘‘customary and Subsistence Management; (907) 786– contain subparts as follows: Subpart A, traditional use’’ as ‘‘a long-established, 3888. For questions specific to National General Provisions; Subpart B, Program consistent pattern of use, incorporating Forest System lands, contact Ken Structure, Subpart C, Board beliefs and customs which have been Thompson, Regional Subsistence Determinations, and Subpart D, transmitted from generation to Program Manager, USDA, Forest Subsistence Taking of Fish and Wildlife. generation * * *. ‘‘ Since that time, the Service, Alaska Region, (907) 786–3888. Consistent with Subparts A, B, and C Board has made a number of Customary SUPPLEMENTARY INFORMATION: of these regulations, as revised January and Traditional Use Determinations at 8, 1999, (64 FR 1276), the Departments the request of impacted subsistence Background established a Federal Subsistence Board users. Those modifications, along with In Title VIII of the Alaska National to administer the Federal Subsistence some administrative corrections, were Interest Lands Conservation Act Management Program. The Board’s published in the Federal Register (59 (ANILCA) (16 U.S.C. 3111–3126), composition includes a Chair appointed FR 27462, published May 27, 1994; 59 Congress found that ‘‘the situation in by the Secretary of the Interior with FR 51855, published October 13, 1994; Alaska is unique in that, in most cases, concurrence of the Secretary of 60 FR 10317, published February 24, no practical alternative means are Agriculture; the Alaska Regional 1995; 61 FR 39698, published July 30, available to replace the food supplies Director, U.S. Fish and Wildlife Service; 1996; 62 FR 29016, published May 29, and other items gathered from fish and the Alaska Regional Director, U.S. 1997; 63 FR 35332, published June 29, wildlife which supply rural residents National Park Service; the Alaska State 1998; 63 FR 46148, published August dependent on subsistence uses;’’ and Director, U.S. Bureau of Land 28, 1998; 64 FR 35776, published July that ‘‘continuation of the opportunity Management; the Alaska Regional 1, 1999; and 65 FR 40730, published for subsistence uses of resources on Director, U.S. Bureau of Indian Affairs; June 30, 2000). During its May 9–10, public and other lands in Alaska is and the Alaska Regional Forester, USDA 2001, meeting, the Board made VerDate 11<MAY>2000 17:32 Jun 22, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\25JNR2.SGM pfrm04 PsN: 25JNR2 Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations 33745 additional customary and traditional In the case of the one rejection contrary submitted proposals were withdrawn use determinations in addition to to the Regional Council from consideration by their originators. various annual season and harvest limit recommendation, the proposal was Analysis of Proposals Adopted by the changes. viewed as a predator control measure Board The Departments of the Interior and for wolves not within the Board’s Agriculture published a proposed rule jurisdiction. The Board adopted 29 proposals. on August 24, 2000 (65 FR 51648), to The Board rejected one proposal Some of these proposals were adopted amend Subparts C and D of 36 CFR 242 requesting that customary and as submitted and others were adopted and 50 CFR 100. The proposed rule traditional use determinations be with modifications suggested by the opened a 60-day comment period, revised for sheep. In this case, the respective Regional Council, developed which closed on October 27, 2000. The cultural resource use information during the analysis process, or during Departments advertised the proposed compiled during proposal analysis and the Board’s public deliberations. rule by mail, radio, and newspaper. the public comments did not All of the adopted proposals were During that period, the Regional substantiate the request. recommended for adoption by at least Councils met and, in addition to other Two proposals requested establishing one of the Regional Councils and were Regional Council business, received or expanding subsistence hunting based on meeting customary and suggestions for proposals from the seasons for moose. These proposals traditional uses, harvest practices, or public. The Board received a total of 50 were rejected for conservation reasons. protecting wildlife populations. proposals for changes to Subparts C and One proposal requested revising Detailed information relating to D. Subsequent to the 60-day review subsistence hunting seasons and harvest justification for the
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