Wednesday, February 12, 2003 Part III 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 C and Subpart D: 2003–2005 Subsistence Taking of Fish and Shellfish Regulations; Changes to Harvest Limits for Moose in Units 21(D) and 24, Muskox in Unit 26(C), and Caribou in Unit 17(A) and (C); Final Rules and Proposed Rule VerDate Jan<31>2003 17:00 Feb 11, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12FER3.SGM 12FER3 7276 Federal Register / Vol. 68, No. 29 / Wednesday, February 12, 2003 / Rules and Regulations DEPARTMENT OF AGRICULTURE applicability that are consistent with Applicability of Subparts A, B, and C ANILCA and that provide for the Subparts A, B, and C (unless Forest Service subsistence definition, preference, and otherwise amended) of the Subsistence participation specified in Sections 803, Management Regulations for Public 36 CFR Part 242 804, and 805 of ANILCA. The State Lands in Alaska, 50 CFR 100.1 to 100.23 implemented a program that the DEPARTMENT OF THE INTERIOR and 36 CFR 242.1 to 242.23, remain Department of the Interior previously effective and apply to this rule. Fish and Wildlife Service found to be consistent with ANILCA. Therefore, all definitions located at 50 However, in December 1989, the Alaska CFR 100.4 and 36 CFR 242.4 apply to 50 CFR Part 100 Supreme Court ruled in McDowell v. regulations found in this subpart. State of Alaska that the rural preference RIN 1018–AI09 in the State subsistence statute violated Federal Subsistence Regional Advisory Councils Subsistence Management Regulations the Alaska Constitution. The Court’s for Public Lands in Alaska, Subpart C ruling in McDowell required the State to Pursuant to the Record of Decision, and Subpart D—2003 Subsistence delete the rural preference from the Subsistence Management Regulations Taking of Fish and Shellfish subsistence statute and, therefore, for Federal Public Lands in Alaska, Regulations negated State compliance with ANILCA. April 6, 1992, and the Subsistence The Court stayed the effect of the Management Regulations for Federal AGENCIES: Forest Service, Agriculture; decision until July 1, 1990. Public Lands in Alaska, 36 CFR 242.11 Fish and Wildlife Service, Interior. and 242.22 (2002) and 50 CFR 100.11 As a result of the McDowell decision, ACTION: Final rule. and 100.22 (2002), and for the purposes the Department of the Interior and the identified therein, we divide Alaska into SUMMARY: This final rule establishes Department of Agriculture ten subsistence resource regions, each of regulations for seasons, harvest limits, (Departments) assumed, on July 1, 1990, which is represented by a Federal methods, and means related to taking of responsibility for implementation of Subsistence Regional Advisory Council fish and shellfish for subsistence uses Title VIII of ANILCA on public lands. (Regional Council). The Regional during the 2003 regulatory year. The On June 29, 1990, the Temporary Councils provide a forum for rural rulemaking is necessary because Subsistence Management Regulations residents, with personal knowledge of Subpart D is subject to an annual public for Public Lands in Alaska were local conditions and resource review cycle. This rulemaking replaces published in the Federal Register (55 requirements, to have a meaningful role the fish and shellfish regulations FR 27114–27170). On January 8, 1999 in the subsistence management of fish included in the ‘‘Subsistence (64 FR 1276), the Departments extended and wildlife on Alaska public lands. Management Regulations for Public jurisdiction to include waters in which The Regional Council members Lands in Alaska, Subpart C and Subpart there exists a Federal reserved water represent varied geographical, cultural, D—2002 Subsistence Taking of Fish and right. This amended rule conformed the and user diversity within each region. Wildlife Regulations,’’ which expire on Federal Subsistence Management The Regional Councils had a February 28, 2003. This rule also Program to the Ninth Circuit’s ruling in substantial role in reviewing the amends the Customary and Traditional Alaska v. Babbitt. Consistent with proposed rule and making Use Determinations of the Federal Subparts A, B, and C of these recommendations for the final rule. Subsistence Board (Section l .24 of regulations, the Departments established Moreover, the Council Chairs, or their Subpart C). a Federal Subsistence Board to designated representatives, presented DATES: Sections l .24(a)(2) and (3) are administer the Federal Subsistence their Council’s recommendations at the effective March 1, 2003. Sections l .27 Management Program. The Board’s Board meeting of December 17–18, and l .28 are effective March 1, 2003, composition includes a Chair appointed 2002. through February 29, 2004. by the Secretary of the Interior with Summary of Changes FOR FURTHER INFORMATION CONTACT: concurrence of the Secretary of Chair, Federal Subsistence Board, c/o Agriculture; the Alaska Regional Section l .24 (Customary and U.S. Fish and Wildlife Service, Director, U.S. Fish and Wildlife Service; traditional use determinations) was Attention: Thomas H. Boyd, Office of the Alaska Regional Director, U.S. originally published in the Federal Subsistence Management; (907) 786– National Park Service; the Alaska State Register (57 FR 22940) on May 29, 1992. 3888. For questions specific to National Director, U.S. Bureau of Land Since that time, the Board has made a Forest System lands, contact Ken Management; the Alaska Regional number of Customary and Traditional Thompson, Regional Subsistence Director, U.S. Bureau of Indian Affairs; Use Determinations at the request of Program Manager, USDA, Forest and the Alaska Regional Forester, USDA impacted subsistence users. Those modifications, along with some Service, Alaska Region, (907) 786–3592. Forest Service. Through the Board, these administrative corrections, were SUPPLEMENTARY INFORMATION: agencies participated in the published in the Federal Register (59 development of regulations for Subparts Background FR 27462, published May 27, 1994; 59 A, B, and C, and the annual Subpart D Title VIII of the Alaska National FR 51855, published October 13, 1994; regulations. Interest Lands Conservation Act 60 FR 10317, published February 24, (ANILCA) (16 U.S.C. 3111–3126) All Board members have reviewed 1995; 61 FR 39698, published July 30, requires that the Secretary of the Interior this rule and agree with its substance. 1996; 62 FR 29016, published May 29, and the Secretary of Agriculture Because this rule relates to public lands 1997; 63 FR 35332, published June 29, (Secretaries) implement a joint program managed by an agency or agencies in 1998; 63 FR 46148, published August to grant a preference for subsistence both the Departments of Agriculture and 28, 1998; 64 FR 1276, published January uses of fish and wildlife resources on the Interior, identical text would be 8, 1999; 64 FR 35776, published July 1, public lands, unless the State of Alaska incorporated into 36 CFR part 242 and 1999; 66 FR 10142, published February enacts and implements laws of general 50 CFR part 100. 13, 2001; and 67 FR 5890, published VerDate Jan<31>2003 17:00 Feb 11, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12FER3.SGM 12FER3 Federal Register / Vol. 68, No. 29 / Wednesday, February 12, 2003 / Rules and Regulations 7277 February 7, 2002). During its December proposals were rejected because there regulations found in § l.27, which 17–18, 2002, meeting, the Board made was inadequate information affects residents of multiple Regions. additional determinations in addition to documenting historical use of Federal • Provided for harvest of fish to be various annual season and harvest limit waters. used in traditional religious ceremonies changes. The public has had extensive One proposal requested specific as part of a funerary or mortuary cycle. opportunity to review and comment on regulations for the use of fish traps (fyke • Provided for the adoption of State all changes. Additional details on the nets). This proposal was rejected Emergency Orders in the Yukon and recent Board modifications are because it would be detrimental to the Kuskokwim River drainages. contained below in Analysis of subsistence user and limit the flexibility Yukon-Northern Fishery Management Proposals Adopted by the Board. for species management in the area. Area Subpart D regulations are subject to The Board rejected a proposal that The Board adopted one proposal an annual cycle and require would have allowed the use of bait for affecting residents of the Yukon- development of an entire new rule each taking coho salmon. This proposal was Northern Fishery Management Area year. Customary and traditional use rejected because there is no information resulting in the following changes to the determinations are also subject to an that subsistence users are unable to regulations found in § l.27. annual review process providing for meet their needs under the present modification each year. We published • Revised the regulations relative to regulations and there is a concern use of rod and reel to take salmon proposed Subpart D regulations for the regarding hooking mortality in other 2003–04 seasons, harvest limits, and during the period closed to net or species with the use of bait. fishwheel use. methods and means on February 11, In the case of the partial rejection, the 2002, in the Federal Register (67 FR marine area requested for regulation is Kuskokwim Fishery Management Area 6334). A 50-day comment period not under jurisdiction of the Federal providing for public review of the The Board adopted one proposal Subsistence Program and the freshwater proposed rule and calling for proposals affecting residents of the Kuskokwim areas support sockeye salmon was advertised by mail, radio, and Fishery Management Area resulting in populations that are sufficient for newspaper.