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Department of Agriculture Department of the Interior Wednesday, June 30, 2010 Part III 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—2010–11 and 2011–12 Subsistence Taking of Wildlife Regulations; Subsistence Taking of Fish on the Yukon River Regulations; Final Rule VerDate Mar<15>2010 18:11 Jun 29, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\30JNR2.SGM 30JNR2 emcdonald on DSK2BSOYB1PROD with RULES2 37918 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations DEPARTMENT OF AGRICULTURE 1011 East Tudor Road, Mail Stop 121, • Alaska Regional Director, U.S. Fish Anchorage, Alaska 99503, or on the and Wildlife Service; Forest Service Office of Subsistence Management Web • Alaska Regional Director, U.S. site (http://alaska.fws.gov/asm/ National Park Service; 36 CFR Part 242 index.cfml). • Alaska State Director, U.S. Bureau FOR FURTHER INFORMATION CONTACT: of Land Management; DEPARTMENT OF THE INTERIOR Chair, Federal Subsistence Board, c/o • Alaska Regional Director, U.S. U.S. Fish and Wildlife Service, Bureau of Indian Affairs; and Fish and Wildlife Service Attention: Peter J. Probasco, Office of • Alaska Regional Forester, U.S. Subsistence Management; (907) 786– Forest Service. 50 CFR Part 100 3888 or [email protected]. For Through the Board, these agencies [Docket No. FWS–R7–SM–2009–0001; questions specific to National Forest participate in the development of 70101–1261–0000L6] System lands, contact Steve Kessler, regulations for subparts A, B, and C, Subsistence Program Leader, USDA, RIN 1018–AW30 which set forth the basic program, and Forest Service, Alaska Region, (907) they continue to work together on Subsistence Management Regulations 743–9461 or [email protected]. regularly revising the subpart D for Public Lands in Alaska—2010–11 SUPPLEMENTARY INFORMATION: regulations, which, among other things, and 2011–12 Subsistence Taking of Background set forth specific harvest seasons and Wildlife Regulations; Subsistence limits. Under Title VIII of the Alaska Taking of Fish on the Yukon River Federal Subsistence Regional Advisory Regulations National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), Councils AGENCIES: Forest Service, Agriculture; the Secretary of the Interior and the In administration of the Program, Fish and Wildlife Service, Interior. Secretary of Agriculture (Secretaries) Alaska is divided into 10 subsistence ACTION: Final rule. jointly implement the Federal resource regions, each of which is Subsistence Management Program represented by a Regional Advisory SUMMARY: This final rule establishes (Program). This Program grants a Council. The Regional Advisory regulations for seasons, harvest limits, preference for subsistence uses of fish Councils provide a forum for rural methods, and means related to taking of and wildlife resources on Federal public residents with personal knowledge of wildlife for subsistence uses in Alaska lands and waters in Alaska. The local conditions and resources to have during the 2010–11 and 2011–12 Secretaries first published regulations to a meaningful role in the subsistence regulatory years. The Federal carry out this program in the Federal management of fish and wildlife on Register on May 29, 1992 (57 FR 22940). Subsistence Board (Board) completes Federal public lands in Alaska. The These regulations have subsequently the biennial process of revising Regional Advisory Council members been amended several times. Because subsistence hunting and trapping represent diverse geographical, cultural, this Program is a joint effort between regulations in even-numbered years and and user interests within each region. subsistence fishing and shellfish Interior and Agriculture, these regulations are located in two titles of The Board addresses customary and regulations in odd-numbered years; traditional use determinations during public proposal and review processes the Code of Federal Regulations (CFR): Title 36, ‘‘Parks, Forests, and Public the applicable biennial cycle. Section take place during the preceding year. __.24 (customary and traditional use The Board also addresses customary and Property,’’ and Title 50, ‘‘Wildlife and Fisheries,’’ at 36 CFR 242.1–28 and 50 determinations) was originally traditional use determinations during published in the Federal Register on the applicable biennial cycle. This CFR 100.1–28, respectively. The regulations contain subparts as follows: May 29, 1992 (57 FR 22940). The rulemaking replaces the wildlife taking regulations at 36 CFR 242.4 and 50 CFR regulations that expire on June 30, 2010. Subpart A, General Provisions; Subpart B, Program Structure; Subpart C, Board 100.4 define ‘‘customary and traditional This rule also revises customary and use’’ as ‘‘a long-established, consistent traditional use determinations and the Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife. pattern of use, incorporating beliefs and regulations defining size limitations for customs which have been transmitted gillnet mesh used for harvesting salmon Federal Subsistence Board from generation to generation* * * .’’ in the Yukon River drainage. Consistent with subpart B of these Since 1992, the Board has made a __ __ DATES: Sections .24(a)(1), .25 and regulations, the Secretaries established a number of customary and traditional __ .26 are effective July 1, 2010. Section Federal Subsistence Board to administer use determinations at the request of __ .27(i)(3)(xiii)(A) is effective April 1, the Federal Subsistence Management affected subsistence users. Those 2011, through March 31, 2011. Program. The Board comprises: modifications, along with some ADDRESSES: The Board meeting • Chair, appointed by the Secretary of administrative corrections, were transcripts are available for review at the Interior with concurrence of the published in the Federal Register as the Office of Subsistence Management, Secretary of Agriculture; follows: MODIFICATIONS TO § __.24. Federal Register citation Date of publication: Rule made changes to the following provisions of __.24: 59 FR 27462 ......................................... May 27, 1994 ....................................... Wildlife and Fish/Shellfish. 59 FR 51855 ......................................... October 13, 1994 ................................. Wildlife and Fish/Shellfish. 60 FR 10317 ......................................... February 24, 1995 ............................... Wildlife and Fish/Shellfish. 61 FR 39698 ......................................... July 30, 1996 ....................................... Wildlife and Fish/Shellfish. 62 FR 29016 ......................................... May 29, 1997 ....................................... Wildlife and Fish/Shellfish. 63 FR 35332 ......................................... June 29, 1998 ...................................... Wildlife and Fish/Shellfish. VerDate Mar<15>2010 18:11 Jun 29, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR2.SGM 30JNR2 emcdonald on DSK2BSOYB1PROD with RULES2 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37919 MODIFICATIONS TO § __.24.—Continued Federal Register citation Date of publication: Rule made changes to the following provisions of __.24: 63 FR 46148 ......................................... August 28, 1998 ................................... Wildlife and Fish/Shellfish. 64 FR 1276 ........................................... January 8, 1999 ................................... Fish/Shellfish. 64 FR 35776 ......................................... July 1, 1999 ......................................... Wildlife. 65 FR 40730 ......................................... June 30, 2000 ...................................... Wildlife. 66 FR 10142 ......................................... February 13, 2001 ............................... Fish/Shellfish. 66 FR 33744 ......................................... June 25, 2001 ...................................... Wildlife. 67 FR 5890 ........................................... February 7, 2002 ................................. Fish/Shellfish. 67 FR 43710 ......................................... June 28, 2002 ...................................... Wildlife. 68 FR 7276 ........................................... February 12, 2003 ............................... Fish/Shellfish. Note: The Board met May 20–22, 2003, but did not make any additional customary and traditional use determinations. 69 FR 5018 ........................................... February 3, 2004 ................................. Fish/Shellfish. 69 FR 40174 ......................................... July 1, 2004 ......................................... Wildlife. 70 FR 13377 ......................................... March 21, 2005 .................................... Fish/Shellfish. 70 FR 36268 ......................................... June 22, 2005 ...................................... Wildlife. 71 FR 15569 ......................................... March 29, 2006 .................................... Fish/Shellfish. 71 FR 37642 ......................................... June 30, 2006 ...................................... Wildlife. 72 FR 12676 ......................................... March 16, 2007 .................................... Fish/Shellfish. Note: The Board met December 11–13, 2007, but did not make any additional customary and traditional use determinations. 72 FR 73426 ........................................
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