[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Rules and Regulations]
[Pages 53011-53013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19838]


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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-AJ25


Subsistence Management Regulations for Public Lands in Alaska, 
Subpart D--2004-05 Subsistence Taking of Wildlife Regulations; 
Correction

AGENCIES: Forest Service, USDA; Fish and Wildlife Service, Interior.

ACTION: Final rule; correction.

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SUMMARY: This rule corrects the Subsistence Management Regulations for 
Public Lands in Alaska, published in the Federal Register on July 1, 
2004, (69 FR 40174) implementing the subsistence priority for rural 
residents of Alaska under Title VIII of the Alaska National Interest 
Lands Conservation Act of 1980. The July 1, 2004, final rule 
established regulations for seasons, harvest limits, methods, and means 
relating to the taking of wildlife for subsistence uses during the 
2004-05 regulatory year. This document makes three changes to that 
final rule: It corrects an inadvertent error in the definition of 
``fur,'' clarifies exactly who may sell handicrafts made from the fur 
of bears, and corrects a Government Printing Office publication error 
relative to caribou seasons in Unit 10.

DATES: The amendment to section ----.25 is effective July 1, 2004. The 
amendment to section ----.26 is effective July 1, 2004 through June 30, 
2005.

FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence 
Management, U.S. Fish and Wildlife Service, telephone (907) 786-3888. 
For questions specific to National Forest System lands, contact Steve 
Kessler, Regional Subsistence Program Leader, USDA--Forest Service, 
Alaska Region, telephone (907) 786-3592.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2004, we published in the Federal Register a final rule 
to establish regulations for seasons, harvest limits, methods, and 
means related to taking of wildlife for subsistence uses in Alaska 
during the 2004-05 regulatory year (69 FR 40174). That rulemaking was

[[Page 53012]]

necessary because the regulations governing the subsistence harvest of 
wildlife in Alaska are subject to an annual public review cycle. The 
July 1, 2004, rule replaced the wildlife regulations that expired on 
June 30, 2004. The rule also amended the regulations that establish 
which Alaska residents are eligible to take specific species for 
subsistence uses.
    Since publication of the July 1, 2004, final rule, we have become 
aware of some needed corrections to that document. Because the final 
rule related to public lands managed by an agency or agencies in both 
the Departments of Agriculture and the Interior, identical text was 
incorporated into 36 CFR part 242 and 50 CFR part 100. Consequently, 
the corrections cited in this document will be incorporated into those 
same CFR sections. The corrections are as follows: (1) In the rule, we 
attempted to clarify the use of fur from bears in handicraft articles 
by inserting a definition of ``fur.'' However, we now believe that 
definition to be incorrect, and this correction replaces the new 
definition with that in place prior to publication of the final rule. 
(2) This document clarifies exactly who is allowed to sell handicrafts 
made from the fur of bears. (3) A final correction identifies the 
correct seasons for caribou in Unit 10 that were scrambled during 
printing the original Federal Register publication.
    The Federal Subsistence Board finds that additional public notice 
and comment requirements under the Administrative Procedure Act for 
this correcting amendment are impracticable, unnecessary, and contrary 
to the public interest. A lapse in regulatory control could seriously 
affect the continued viability of wildlife populations, adversely 
impact future subsistence opportunities for rural Alaskans, and would 
generally fail to serve the overall public interest. Therefore, the 
Board finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive the 
public notice and comment procedures prior to publication of this rule. 
The Board further finds good cause under 5 U.S.C. 553(d)(3) to make 
this rule effective July 1, 2004.

Drafting Information

    William Knauer drafted these regulations 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 and 
Carl Jack, Alaska Regional Office, U.S. Fish and Wildlife Service; 
Sandy Rabinowitch, Alaska Regional Office, National Park Service; 
Warren Eastland, Alaska Regional Office, Bureau of Indian Affairs; and 
Steve Kessler, Alaska Regional Office, USDA-Forest Service, provided 
additional guidance.

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.


0
For the reasons presented in the preamble, the Federal Subsistence 
Board amends Title 36, part 242, and Title 50, part 100, of the Code of 
Federal Regulations, by making the following correcting amendments:

PART D--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA [AMENDED]

0
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.

0
2. Section ----.25 is amended:
0
a. In paragraph (a), by removing the definition of ``fur'';
0
b. In paragraph (a), by removing the definition of ``skin, hide, or 
pelt'' and adding in its place a definition for ``skin, hide, pelt, or 
fur'' to read as set forth below; and
0
c. In paragraph (j), by revising paragraphs (j)(6) and (j)(7) to read 
as set forth below:


Sec.  ----.25  Subsistence taking of fish, wildlife, and shellfish: 
general regulations.

    (a) * * *
    Skin, hide, pelt, or fur means any tanned or untanned external 
covering of an animal's body; excluding bear. The skin, hide, pelt, or 
fur of a bear is the entire external covering with claws attached.
* * * * *
    (J) * * *
    (6) If you are a federally qualified subsistence user, you may sell 
handicraft articles made from the fur of a black bear.
    (7) If you are a federally qualified subsistence user, you may sell 
handicraft articles made from the fur of a brown bear taken from Units 
1-5, 9(A)-(C), 9(E), 12, 17, 20, and 25.
* * * * *

0
3. In Sec.  ----.26(n)(10), the entry for caribou in the table showing 
Harvest Limits and Open Season is revised to read as follows:


Sec.  ----.26  Subsistence taking of wildlife.

* * * * *
    (n) * * *
    (10) * * *

------------------------------------------------------------------------
            Harvest limits                         Open season
------------------------------------------------------------------------
                Hunting
Caribou:
    Unit 10--Unimak Island only--4      Aug. 1-Sept. 30.
     caribou by Federal registration    Nov. 15-Mar. 31.
     permit only.
    Unit 10--remainder--No limit......  July 1-June 30.
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[[Page 53013]]

* * * * *

    Dated: August 11, 2004.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
    Dated: August 11, 2004.
Calvin H. Casipit,
Acting Regional Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 04-19838 Filed 8-30-04; 8:45 am]
BILLING CODE 3410-11; 4310-55-P