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Department of Agriculture Department of The Monday, August 27, 2001 Part II Department of Agriculture Forest Service 36 CFR Part 242 Department of the Interior Fish and Wildlife Service 50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2002–2003 Subsistence Taking of Wildlife Regulations; Proposed Rule VerDate 11<MAY>2000 17:36 Aug 24, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27AUP2.SGM pfrm07 PsN: 27AUP2 45082 Federal Register / Vol. 66, No. 166 / Monday, August 27, 2001 / Proposed Rules DEPARTMENT OF AGRICULTURE Attention: Thomas H. Boyd, Office of may also present comments on Subsistence Management; (907) 786– published proposals to change hunting Forest Service 3888. For questions specific to National and trapping and customary and Forest System lands, contact Ken traditional use determination 36 CFR Part 242 Thompson, Regional Subsistence regulations to the Regional Councils at Program Manager, USDA, Forest those winter meetings. DEPARTMENT OF THE INTERIOR Service, Alaska Region, (907) 786–3592. The Board will discuss and evaluate SUPPLEMENTARY INFORMATION: proposed changes to this rule during a Fish and Wildlife Service public meeting scheduled to be held in Public Review Process—Regulation Anchorage, May 2002. You may provide 50 CFR Part 100 Comments, Proposals, and Public additional oral testimony on specific Meetings proposals before the Board at that time. RIN 1018–AI06 The Federal Subsistence Board The Board will then deliberate and take Subsistence Management Regulations (Board) will hold meetings on this final action on proposals received that for Public Lands in Alaska, Subpart C proposed rule at the following locations request changes to this proposed rule at and Subpart D—2002–2003 in Alaska: that public meeting. Because this rule relates to public lands managed by an Subsistence Taking of Wildlife Region 1—Southeast Regional Council, agency or agencies in both the Regulations Yakutat, October 15, 2001 Departments of Agriculture and the Region 2—Southcentral Regional AGENCIES: Forest Service, Agriculture; Interior, identical text based upon Council, Cantwell, October 1, 2001 Fish and Wildlife Service, Interior. approved proposals would be Region 3—Kodiak/Aleutians Regional incorporated into 36 CFR part 242 and ACTION: Proposed rule. Council, Sand Point, September 19, 50 CFR part 100. SUMMARY: This proposed rule would 2001 Region 4—Bristol Bay Regional Council, Please Note: The Board will not consider establish regulations for hunting and proposals for changes relating to fish or trapping seasons, harvest limits, Naknek, October 11, 2001 shellfish regulations at this time. The Board methods, and means related to taking of Region 5—Yukon-Kuskokwim Delta will be calling for proposed changes to those wildlife for subsistence uses during the Regional Council, Anchorage, regulations in January 2002. 2002–2003 regulatory year. The October 9, 2001 The Board’s review of your comments rulemaking is necessary because subpart Region 6—Western Interior Regional and wildlife proposals will be facilitated D is subject to an annual public review Council, Anchorage, October 9, by you providing the following cycle. When final, this rulemaking 2001 information: (a) Your name, address, would replace the wildlife taking Region 7—Seward Peninsula Regional and telephone number; (b) the section regulations included in the Council, Nome, September 13, 2001 and/or paragraph of the proposed rule ‘‘Subsistence Management Regulations Region 8—Northwest Arctic Regional for which your change is being for Public Lands in Alaska, Subpart D— Council, Kotzebue, October 5, 2001 suggested; (c) a statement explaining 2001–2002 Subsistence Taking of Fish Region 9—Eastern Interior Regional why the change is necessary; (d) the and Wildlife Regulations,’’ which expire Council, Anchorage, October 9, proposed wording change; (e) any on June 30, 2002. This rule would also 2001 additional information you believe will Region 10—North Slope Regional amend the Customary and Traditional help the Board in evaluating your Council, Barrow, September 11, Use Determinations of the Federal proposal. Proposals that fail to include 2001 Subsistence Board and the General the above information, or proposals that Regulations related to the taking of We will publish notice of specific are beyond the scope of authorities in wildlife. dates, times, and meeting locations in § __.24, Subpart C and §§ __.25 or __.26, local and statewide newspapers prior to Subpart D, of 36 CFR part 242 and 50 DATES: The Federal Subsistence Board the meetings. We may need to change CFR part 100, may be rejected. The must receive your written public locations and dates based on weather or Board may defer review and action on comments and proposals to change this local circumstances. The amount of some proposals if workload exceeds proposed rule no later than October 26, work on each Regional Council,’s work capacity of staff, Regional 2001. Federal Subsistence Regional agenda will determine the length of the Councils, or Board. These deferrals will Advisory Councils (Regional Councils) Regional Council, meetings. be based on recommendations of the will hold public meetings to receive We will compile and distribute for affected Regional Council, staff proposals to change this proposed rule additional public review during early members, and on the basis of least harm from September 11, 2001—October 17, November 2001 the written proposals to to the subsistence user and the resource 2001. See SUPPLEMENTARY INFORMATION change Subpart D hunting and trapping involved. Proposals should be specific for additional information on the public regulations and customary and to customary and traditional use meetings. traditional use determinations in determinations or to subsistence ADDRESSES: You may submit written Subpart C. A 30-day public comment hunting and trapping seasons, harvest comments and proposals to the Office of period will follow distribution of the limits, and/or methods and means. Subsistence Management, 3601 C Street, compiled proposal packet. We will Suite 1030, Anchorage, Alaska 99503. accept written public comments on Background The public meetings will be held at distributed proposals during the public Title VIII of the Alaska National various locations in Alaska. See comment period which is presently Interest Lands Conservation Act SUPPLEMENTARY INFORMATION for scheduled to end on January 11, 2002. (ANILCA) (16 U.S.C. 3111–3126) additional information on locations of We will hold a second series of requires that the Secretary of the Interior the public meetings. Regional Council meetings in February and the Secretary of Agriculture FOR FURTHER INFORMATION CONTACT: and March 2002, to assist the Regional (Secretaries) implement a joint program Chair, Federal Subsistence Board, c/o Councils in developing to grant a preference for subsistence U.S. Fish and Wildlife Service, recommendations to the Board. You uses of fish and wildlife resources on VerDate 11<MAY>2000 17:36 Aug 24, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\27AUP2.SGM pfrm07 PsN: 27AUP2 Federal Register / Vol. 66, No. 166 / Monday, August 27, 2001 / Proposed Rules 45083 public lands, unless the State of Alaska Therefore, all definitions located at 50 Conformance With Statutory and enacts and implements laws of general CFR 100.4 and 36 CFR 242.4 would Regulatory Authorities applicability that are consistent with apply to regulations found in this National Environmental Policy Act ANILCA and that provide for the subpart. Compliance subsistence definition, preference, and participation specified in sections 803, Federal Subsistence Regional Advisory A Draft Environmental Impact 804, and 805 of ANILCA. The State Councils Statement (DEIS) that described four implemented a program that the alternatives for developing a Federal Pursuant to the Record of Decision, Department of the Interior previously Subsistence Management Program was found to be consistent with ANILCA. Subsistence Management Regulations distributed for public comment on However, in December 1989, the Alaska for Federal Public Lands in Alaska, October 7, 1991. That document Supreme Court ruled in McDowell v. April 6, 1992, and the Subsistence described the major issues associated State of Alaska that the rural preference Management Regulations for Federal with Federal subsistence management in the State subsistence statute violated Public Lands in Alaska, 36 CFR 242.11 as identified through public meetings, the Alaska Constitution. The Court’s (2001) and 50 CFR 100.11 (2001), and written comments, and staff analysis ruling in McDowell required the State to for the purposes identified therein, we and examined the environmental delete the rural preference from the divide Alaska into ten subsistence consequences of the four alternatives. subsistence statute and, therefore, resource regions, each of which is Proposed regulations (Subparts A, B, negated State compliance with ANILCA. represented by a Regional Council. The and C) that would implement the The Court stayed the effect of the Regional Councils provide a forum for preferred alternative were included in decision until July 1, 1990. rural residents with personal knowledge the DEIS as an appendix. The DEIS and As a result of the McDowell decision, of local conditions and resource the proposed administrative regulations the Department of the Interior and the requirements to have a meaningful role presented a framework for an annual regulatory cycle regarding
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