Federal Register / Vol. 62, No. 143 / Friday, July 25, 1997 / Proposed Rules 39987 DEPARTMENT OF AGRICULTURE System lands, contact Ken Thompson, writing to the address identified at the Regional Subsistence Program Manager, beginning of this rulemaking by October Forest Service USDA, Forest Service, Alaska Region, 24, 1997. Comments or proposals may P.O. Box 21628, Juneau, Alaska 99802± also be presented at Regional Council 36 CFR Part 242 1628, telephone (907) 586±7921. meetings to be held from September 9Ð October 17, 1997. DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: The public is encouraged to use Meeting Locations and Written proposal forms to submit Fish and Wildlife Service Comment Procedures recommendations to the Board. Proposal 50 CFR Part 100 The meetings on this proposed rule forms may be obtained from the U.S. will be held at the following locations Fish and Wildlife Service at the address RIN 1018±AE12 in Alaska: listed above. This is a mechanism by which the public can best submit their Subsistence Management Regulations Southeast Regional Council ... Yakutat. suggested changes to the Board. The for Public Lands in Alaska, Subpart C Southcentral Regional Coun- Anchorage. cil. Board may defer review and action on and Subpart DÐ1998±1999 some proposals if workload exceeds Subsistence Taking of Fish and Kodiak/Aleutians Regional Cold Bay. Council. work capacity of staff, Regional Wildlife Regulations Bristol Bay Regional Council Togiak. Councils, or Board. These deferrals will AGENCY: Forest Service, Agriculture; and Yukon-Kuskokwim Delta Re- Hooper Bay. be based on recommendations of the Fish and Wildlife Service, Interior. gional Council. affected Regional Council, staff Western Interior Regional McGrath. members and on the basis of least harm ACTION: Proposed rule. Council. to the subsistence user. Seward Peninsula Regional Nome. SUMMARY: This proposed rule would Proposals should be specific to Council. revise regulations for seasons, harvest customary and traditional use Northwest Arctic Regional Noatak. determinations or to subsistence limits, methods, and means related to Council. taking of wildlife for subsistence uses Eastern Interior Regional Dot Lake. hunting and trapping seasons, harvest during the 1998±1999 regulatory year. Council. limits, and/or methods and means. The rulemaking is necessary because North Slope Regional Council Barrow. Proposals submitted to the Board should include the following information: (a) Subpart D is subject to an annual public Notice of specific dates, times, and review cycle. When final, this The name, address, and telephone meeting locations will be published in number of the individual or rulemaking will replace the wildlife local and statewide newspapers prior to regulations included in the organization submitting the proposal; the meetings. Locations and dates may (b) The section and/or paragraph of the ``Subsistence Management Regulations need to be changed based on weather or for Public Lands in Alaska, Subpart DÐ proposed rule for which the change is local circumstances. Length of the being suggested; (c) A statement 1997-1998 Subsistence Taking of Fish Regional Council meetings will be and Wildlife Regulations,'' which expire explaining why the change is necessary; determined by the amount of work on (d) A proposed solution; (e) Suggested on June 30, 1998. This rule would also each Regional Council's agenda. Written amend the Customary and Traditional wording for the regulation addition or proposals to change Subpart D hunting change; and (f) Any supporting Use Determinations of the Federal and trapping regulations and customary llll information. Proposals which fail to Subsistence Board (Section .24 and traditional use determinations in of Subpart C). include the above information, or Subpart C will be compiled and proposals which are beyond the scope DATES: Written public comments and distributed for additional public review of authorities in § llll.24, Subpart proposals to change this proposed rule during early November 1997. A 30-day C and § llll.25, Subpart D, may be must be received no later than October public comment period will follow rejected. 24, 1997. Federal Subsistence Regional distribution of the compiled proposal Proposals for Changes Relating to Fish Advisory Councils (Regional Councils) packet. Written public comments on or Shellfish Regulations, and Changes to will hold public meetings to receive distributed proposals will be accepted the Overall Program Will Not be proposals to change regulations during the public comment period. Considered by the Board at this Time. contained in this proposed rule from Comments on published proposals to Fish and shellfish regulations were September 9ÐOctober 17, 1997, at change hunting and trapping and extended through December 31, 1998, various locations in Alaska. See customary and traditional use pending further development of a SUPPLEMENTARY INFORMATION for determination regulations may be separate rulemaking process resulting additional information on meetings. presented to the Regional Councils at from the consolidated ``Katie John'' ADDRESSES: Written comments may be their winter meetings; locations, dates, litigation and petitions to the Secretaries submitted to the U.S. Fish and Wildlife and times to be announced. The Federal regarding extended jurisdiction. Service. Office of Subsistence Subsistence Board (Board) will Following public distribution of Management, 1011 E. Tudor Road, deliberate and take final action on proposals for changes to the 1998±1999 Anchorage, Alaska 99503. See proposals received that request changes proposed regulations, a comment period SUPPLEMENTARY INFORMATION for to this proposed rule at a public meeting will be provided to allow public review locations of meetings and additional to be held in Anchorage during April of those proposals that will be information on written comment 1998. considered by the Board. A second procedures. Public Review ProcessÐRegulation series of Regional Council meetings will FOR FURTHER INFORMATION CONTACT: Comments, Proposals, and Public be held in February 1998, to assist in Chair, Federal Subsistence Board, U.S. Meetings developing recommendations to the Fish and Wildlife Service, Thomas H. Board. Written comments on proposals Boyd, Office of Subsistence Written comments or proposed may be submitted to the U.S. Fish and Management; telephone (907) 786±3888. regulation changes may be submitted in Wildlife Service before conclusion of For questions specific to National Forest the comment period which is presently 39988 Federal Register / Vol. 62, No. 143 / Friday, July 25, 1997 / Proposed Rules scheduled to end on January 9, 1998. A, B, and C, and the annual Subpart D Federal Subsistence Regional Advisory The Board will discuss and evaluate regulations. All Board members have Councils proposed changes to this rule during a reviewed this rule and agree with its Pursuant to the Record of Decision, public meeting scheduled to be held in substance. Because this rule relates to Subsistence Management Regulations Anchorage, April 1998. The public may public lands managed by an agency or for Federal Public Lands in Alaska, provide additional oral testimony on agencies in both the Departments of April 6, 1992, and the Subsistence specific proposals before the Board at Agriculture and the Interior, identical Management Regulations for Federal that time. text would be incorporated into 36 CFR Public Lands in Alaska, 36 CFR 242.11 Background part 242 and 50 CFR part 100. (1992) and 50 CFR 100.11 (1992), and for the purposes identified therein, Title VIII of the Alaska National Applicability of Subparts A, B, and C Alaska has been divided into ten Interest Lands Conservation Act subsistence resource regions, each of (ANILCA) (16 U.S.C. 3111±3126) Subparts A, B, and C (unless which is represented by a Federal requires that the Secretary of the Interior otherwise amended) of the Subsistence Subsistence Regional Advisory Council and the Secretary of Agriculture Management Regulations for Public (Regional Council). The Regional (Secretaries) implement a joint program Lands in Alaska, 50 CFR 100.1 to 100.23 Councils provide a forum for residents to grant a preference for subsistence and 36 CFR 242.1 to 242.23, remain of the region to have a meaningful role uses of fish and wildlife resources on effective and apply to this rule for in the subsistence management of fish public lands, unless the State of Alaska §§ llll.23±llll.25. Therefore, and wildlife on Alaska public lands. enacts and implements laws of general all definitions located at 50 CFR 100.4 The Regional Council members applicability which are consistent with and 36 CFR 242.4 apply to regulations represent varied geographical, cultural, ANILCA, and which provide for the found in this subpart. subsistence definition, preference, and and user diversity within each region. participation specified in Sections 803, Navigable Waters Proposed Changes From 1997±1998 804, and 805 of ANILCA. The State At this time, Federal subsistence Seasons and Bag Limit Regulations implemented a program that the management program regulations apply Subpart D regulations are subject to Department of the Interior previously to all non-navigable waters located on an annual cycle and require found to be consistent with ANILCA. public lands and to navigable waters development of an entire new rule each However, in December 1989, the Alaska year. Customary and traditional use Supreme Court ruled in McDowell v. located