[Federal Register: February 18, 2003 (Volume 68, Number 32)]
[Rules and Regulations]
[Page 7703-7704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe03-3]
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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-AI88
Subsistence Management Regulations for Public Lands in Alaska
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Direct final rule.
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SUMMARY: We, the U.S. Forest Service and U.S. Fish and Wildlife
Service, are amending the regulations governing subsistence use of
wildlife in Alaska by clarifying how old a person must be to receive a
Federal Subsistence Registration Permit or Federal Designated Harvester
Permit and by removing the requirement that Regional Councils must have
an odd number of members. These changes are noncontroversial and are
designed to ensure that the regulations for the Federal Subsistence
Management Program in Alaska are easy for the public to understand and
reflect current policies.
DATES: This rule will be effective on April 21, 2003, unless we receive
written adverse comments or written notice of intent to submit adverse
comments on or before April 4, 2003.
ADDRESSES: Submit written comments to the Office of Subsistence
Management, 3601 C Street, Suite 1030, Anchorage, AK 99503. Submit
electronic comments to Bill_Knauer@fws.gov. For electronic comments,
please submit as either WordPerfect or MS Word files, avoiding the use
of any special characters and any form of encryption.
FOR FURTHER INFORMATION CONTACT: For Forest Service questions, contact
Ken Thompson, Regional Subsistence Program Manager, USDA-FS Alaska
Region, at (907) 786-3592. For Fish and Wildlife Service questions,
contact Thomas H. Boyd at (907) 786-3888.
SUPPLEMENTARY INFORMATION:
Background
The regulations at 36 CFR part 242 and 50 CFR part 100 (referred to
below as ``the regulations''), authorized by title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3101-3126),
implement the Federal Subsistence Management Program on public lands in
Alaska.
On May 7, 2002, we published in the Federal Register (67 FR 30559-
30571) a final rule that made certain changes to the regulations. In
that final rule, we clarified how old a person must be to receive a
Federal Subsistence Registration Permit or Federal Designated Harvester
Permit, and we retained, without change, a long-held requirement that
Regional Councils must have an odd number of members.
At the request of other agencies, in the final rule, we added
language to Sec. ------.6(b) of the regulations to clarify that, ``In
order to receive a Federal Subsistence Registration Permit or Federal
Designated Harvester Permit or designate someone to harvest fish or
wildlife for you under a Federal Designated Harvester Permit, you must
be old enough to have reasonably harvested that species yourself (or
under the guidance of an adult).'' Since the publication of the final
rule, we have determined that this language could be misleading and
should be further clarified. Therefore, we are making editorial changes
to this paragraph to make it easier to understand.
In addition, in the final rule, we retained, without change, a
long-held requirement in Sec. ------.11(b)(1) stating, ``The number of
members for each Regional Council shall be established by the Board,
and shall be an odd number.'' We retained the requirement that Regional
Councils have an odd number of members to prevent the possibility of a
tie during Council votes. Since the publication of the final rule,
however, the Deputy Secretary of the Department of the Interior
approved a Federal Subsistence Board recommendation to increase the
size of Regional Councils to 10 or 13 members. These increases will
help achieve better balance, as required by the Federal Advisory
Committee Act (5 U.S.C. App.1), in Regional Councils. Further, we have
learned that in Regional Council meetings, if a vote count is tied,
that motion fails; therefore, our reason for requiring an odd number of
members does not apply. In light of this new information, we are
revising Sec. ------.11(b)(1) to remove the requirement that Regional
Councils must have an odd number of members. This change will bring
this paragraph into accord with current policies.
We are publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse public
comment. This rule will be effective, as published in this document, 60
days after the date of publication in the Federal Register unless we
receive written adverse comments or written notice of intent to submit
adverse comments within 45 days of publication of this rule in the
Federal Register. Adverse comments are comments that suggest the rule
should not be adopted or that suggest the rule should be changed.
If we receive written adverse comments or written notice of intent
to submit adverse comments, we will publish a notice in the Federal
Register withdrawing this rule before the effective date. In the event
that we do receive any adverse comments, we will engage in the normal
rulemaking process to promulgate these changes to the CFR. Therefore,
in this issue of the Federal Register, we have published a proposed
rule regarding these regulatory changes. We will give the same
consideration to comments submitted in response to either this direct
final rule or the proposed rule; you do not need to submit comments to
both documents.
As discussed above, if we receive no written adverse comments or
written
[[Page 7704]]
notice of intent to submit adverse comments within 45 days, then this
direct final rule will become effective 60 days from today. In that
case, we will publish a document in the Federal Register, before the
effective date of this direct final rule, confirming the effective date
and withdrawing the related proposed rule.
Required Determinations
Regulatory Planning and Review (E.O. 12866), Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), and Small Business Regulatory Enforcement
Fairness Act (5 U.S.C. 804(2)).
An economic analysis is not necessary for this rule as it will not
have an economic impact on any entities, large or small. This rule is
not a significant rule under E.O. 12866 and, therefore, was not
reviewed by the Office of Management and Budget.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act:
(a) This rule will not ``significantly or uniquely'' affect small
governments. A Small Government Agency Plan is not required.
(b) This rule will not produce a Federal mandate of $100 million or
greater in any year, that is, it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act.
Takings
In accordance with Executive Order 12630, this rule does not have
significant takings implications. A takings implication assessment is
not required.
Federalism
In accordance with Executive Order 13132, the rule does not have
significant federalism effects. A federalism assessment is not
required.
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This rule does not contain any new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
National Environmental Policy Act
We have determined that an Environmental Assessment and/or an
Environmental Impact Statement as defined by the National Environmental
Policy Act of 1969 need not be prepared for this rule. This rule does
not constitute a major Federal action significantly affecting the
quality of the human environment.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
For the reasons set out in the preamble, the Departments amend
title 36, part 242, and title 50, part 100, of the Code of Federal
Regulations, as set forth below.
PART--------SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
1. The authority citation for both 36 CFR part 242 and 50 CFR part
100 continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
2. In Sec. ------.6, paragraph (b) is revised to read as follows:
Sec. ------.6 Licenses, permits, harvest tickets, tags, and reports.
* * * * *
(b) In order to receive a Federal Subsistence Registration Permit
or Federal Designated Harvester Permit or designate someone to harvest
fish or wildlife for you under a Federal Designated Harvester Permit,
you must be old enough to reasonably harvest that species yourself (or
under the guidance of an adult).
* * * * *
3. In Sec. ------.11, paragraph (b)(1), the first sentence is
revised to read as follows:
Sec. ------.11 Regional advisory councils.
* * * * *
(b) * * *
(1) The number of members for each Regional Council shall be
established by the Board. * * *
* * * * *
Dated: January 31, 2003.
Gale A. Norton,
Secretary of the Interior.
Dated: November 14, 2002.
Steven A. Brink,
Acting Regional Forester, USDA-Forest Service.
[FR Doc. 03-3741 Filed 2-14-03; 8:45 am]