[Federal Register: August 29, 2005 (Volume 70, Number 166)]
[Proposed Rules]
[Page 50999-51000]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au05-19]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AT81
Subsistence Management Regulations for Public Lands in Alaska,
Subpart A
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed Rule: Notice of availability of supplemental
information and reopening of the comment period.
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SUMMARY: On December 8, 2004, we, the Federal Subsistence Board,
published a proposed rule to revise and clarify the jurisdiction of the
Federal Subsistence Management Program in coastal areas in southwestern
Alaska. This rulemaking is necessary in order to exclude numerous
saltwater embayments within National Wildlife Refuge boundaries that
were never intended to fall under the jurisdiction of the Federal
Subsistence Management Program. We are now reopening the comment period
for this rulemaking action because of newly available maps of the
specific embayments in southwestern Alaska to be excluded from the
jurisdiction of the Federal Subsistence Management Program. If you have
already commented on the proposed rule and have no additional comments
to make as a result of viewing the newly available maps, then you do
not need to resubmit your comment(s), as they will
[[Page 51000]]
be fully considered in the final determination.
DATES: We must receive your written public comments on this proposed
rule no later than October 21, 2005.
ADDRESSES: Please submit comments electronically to
Subsistence@fws.gov. See ``Viewing Documents'' and ``Public Comment''
under SUPPLEMENTARY INFORMATION for information about viewing the maps
and electronic filing of your comments. You may also submit written
comments to the Office of Subsistence Management, 3601 C Street, Suite
1030, Anchorage, Alaska 99503.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Steve Kessler, Regional
Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907)
786-3888.
SUPPLEMENTARY INFORMATION:
Background
Federal Subsistence Management Regulations (50 CFR 100.3 and 36 CFR
242.3) currently specify that they apply on ``all navigable and non-
navigable waters within the exterior boundaries * * *'' of the parks,
refuges, forests, conservation areas, recreation areas, and Wild and
Scenic Rivers. This includes, within National Wildlife Refuge
boundaries, hundreds of thousands of acres of saltwater embayments that
were not withdrawn prior to Statehood and thus where the current
regulations exert jurisdiction. During the early interagency
discussions relative to inclusion of fisheries management in the
Federal Subsistence Management Program, there does not appear to have
been any intention to specifically extend Federal jurisdiction to
various embayments where there was no pre-Statehood withdrawal of
submerged lands and waters.
On December 8, 2004, the Secretary of the Interior and the
Secretary of Agriculture published a proposed rule in the Federal
Register (69 FR 70940) that, if finalized, would revise and clarify the
jurisdiction of the Federal Subsistence Management Program in coastal
areas of southwestern Alaska to exclude those various embayments where
there was no pre-Statehood withdrawal of submerged lands and waters.
During the comment period, which closed originally on January 24, 2005,
and was extended until April 1, 2005, one commenter indicated that in
order to make meaningful comments, the public needed to know which
specific bays would be affected and needed access to maps of the
affected areas. We agree and are making maps available for review and
are reopening the comment period to accept comments on the maps as well
as on the proposed rule (69 FR 70940).
Areas To Be Excluded From Federal Subsistence Management Program
Jurisdiction
Under the proposed rule, all of the following areas have been
identified for exclusion from jurisdiction under the Federal
Subsistence Management Program. Maps are now available for these areas.
Within the Alaska Peninsula or Izembek National Wildlife Refuge
boundaries:
Wide Bay
Agripina Bay
Kujulik Bay
Chignik Lagoon, including Mallard Duck Bay and Schooner Bay
Mud Bay
Anchorage Bay
Lake Bay
Castle Bay
Warner Bay, including Ross Cove
Devils Bay
Kuiukta Bay, including Portage Bay, Windy Bay, Foot Bay, Fishhook Bay,
and Herring Lagoon
Mitrofania Bay, including Fishrack Bay
Ivanof Bay
Boulder Bay
Fox Bay
American Bay
Albatross Anchorage
Pavlof Bay, including Canoe Bay, Jackson Lagoon, and Chinaman Lagoon
Long John Lagoon
Dushkin Lagoon
Bear Bay
Cold Bay, including Lenard Harbor, Nurse Lagoon, and Kinzarof Lagoon
Morzhovoi Bay, including Littlejohn Lagoon
Traders Cove
Bechevin Bay, including Hotsprings Bay
Herendeen Bay, including Mine Harbor
Port Moller, including Mud Bay, Right Head, and Left Head
Within Togiak National Wildlife Refuge boundaries:
Tvativak Bay
Kulukak Bay
Metervik Bay
Within the Yukon Delta National Wildlife Refuge boundaries:
Kangirlvar Bay, including Toksook Bay
Hazen Bay
Hooper Bay
Kokechik Bay
Viewing Documents
To view maps, go to the Office of Subsistence Management Web site
at http://alaska.fws.gov/asm/home.html. If you do not have access to
the internet, you may contact the Office of Subsistence Management at
the address and phone number shown at FOR FURTHER INFORMATION CONTACT
and we will send the maps to you.
Public Comment
Electronic filing of comments (preferred method): Please submit
electronic comments and other data to Subsistence@fws.gov. Please
submit as either WordPerfect or MS Word files, avoiding the use of any
special characters and any form of encryption.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. In some circumstances, we would withhold
from the rulemaking record a respondent's identity, as allowable by
law. If you wish for us to withhold your name and/or address, you must
state this prominently at the beginning of your comment. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
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; Greg Bos,
Carl Jack, and Rod Simmons, Alaska Regional Office, U.S. Fish and
Wildlife Service; Sandy Rabinowitch, Alaska Regional Office, National
Park Service; Warren Eastland, Pat Petrivelli, and Dr. Glenn Chen,
Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler,
Alaska Regional Office, USDA-Forest Service provided additional
guidance.
Dated: July 25, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: July 27, 2005.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 05-17080 Filed 8-26-05; 8:45 am]
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