[Federal Register Volume 68, Number 32 (Tuesday, February 18, 2003)]
[Proposed Rules]
[Pages 7734-7735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3742]


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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: Proposed rule.

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SUMMARY: We, the U.S. Forest Service and U.S. Fish and Wildlife 
Service, are proposing to amend 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 viewed as 
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: We must receive your written public comments no later than April 
4, 2003.

ADDRESSES: Submit written comments to 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 proposing 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 
proposing to revise Sec.  ------.11(b)(1) to remove the requirement 
that Regional Councils must have an odd number of members. This change 
would bring this paragraph into accord with current policies.
    Elsewhere in today's Federal Register, we have published a direct 
final rule to promulgate the same regulatory changes to 36 CFR 242 and 
50 CFR 100 proposed here. We published the direct final rule because we 
believe these changes are noncontroversial and anticipate no adverse 
public comment on them. If we receive no adverse comments regarding 
these amendments within 45 days, then these changes become effective 60 
days from today, and we will withdraw this proposed rule. If we do 
receive adverse comments, then this proposed rule initiates the normal 
notice-and-comment rulemaking proceedings. We are opening this comment 
period for 45 days instead of 60 days because we need this regulatory 
change in place prior to the councils' recruitment and appointment 
process for the winter 2004 meeting cycle. This entire process normally 
takes a year to complete.

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, as this proposed rule would 
not have an economic impact on any entities, large or small. The Office 
of Management and Budget (OMB) has determined that this proposed rule 
is not a significant rule under E.O. 12866, and, therefore, OMB has not 
reviewed this proposed rule.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.

    In accordance with the Unfunded Mandates Reform Act:

[[Page 7735]]

    (a) This proposed rule would not ``significantly or uniquely'' 
affect small governments. A Small Government Agency Plan is not 
required.
    (b) This proposed rule would 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 proposed rule would 
not have significant takings implications. A takings implication 
assessment is not required.

Federalism

    In accordance with Executive Order 13132, the proposed rule would 
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 proposed rule would 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 proposed 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 proposed rule. This 
proposal 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 propose to 
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 would continue 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) would be 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 would 
be 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.
Steven A. Brink,
Acting Regional Forester, USDA--Forest Service.
[FR Doc. 03-3742 Filed 2-14-03; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P