[Federal Register Volume 68, Number 32 (Tuesday, February 18, 2003)]
[Rules and Regulations]
[Pages 7703-7704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3741]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 [email protected]. 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]
BILLING CODE 3410-11 and 4310-55-P