Subsistence Management Regulations for Public Lands in Alaska, Subpart A, 50999-51000 [05-17080]
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(h), of the
Instruction, from further environmental
documentation. Special local
regulations issued in conjunction with a
regatta or marine parade permit are
specifically excluded from further
analysis and documentation under that
section.
13:16 Aug 26, 2005
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
Technical Standards
VerDate Aug<18>2005
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule. Comments on this
section will be considered before we
make the final decision on whether to
categorically exclude this rule from
further environmental review.
Jkt 205001
50999
(i) Stop the vessel immediately when
directed to do so by any Official Patrol
and then proceed only as directed.
(ii) All persons and vessels shall
comply with the instructions of the
Official Patrol.
(iii) When authorized to transit the
regulated area, all vessels shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the swim course.
(d) Effective period. This section will
be effective from 6:30 a.m. to 10:30 a.m.
on October 1, 2005.
Dated: August 18, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–17087 Filed 8–26–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
2. Add a temporary § 100.35–T05–105
to read as follows:
36 CFR Part 242
§ 100.35–T05–105
Cambridge, MD.
DEPARTMENT OF THE INTERIOR
Choptank River,
(a) Regulated area. The regulated area
includes all waters of the Choptank
River within 200 yards either side of a
line drawn northwesterly from a point
on the shoreline at latitude 38°33′45″ N,
076°02′38″ W, thence to latitude
38°35′06″ N, 076°04′42″ W, a position
located at Great Marsh Park, Cambridge,
MD. All coordinates reference Datum
NAD 1983.
(b) Definitions. (1) Coast Guard Patrol
Commander means a commissioned,
warrant, or petty officer of the Coast
Guard who has been designated by the
Commander, Coast Guard Sector
Baltimore.
(2) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(3) Participant includes all persons
participating in the Chesapeakeman
Ultra Triathlon swim under the auspices
of the Marine Event Permit issued to the
event sponsor and approved by
Commander, Coast Guard Sector
Baltimore.
(c) Special local regulations. (1)
Except for event participants and
persons or vessels authorized by the
Coast Guard Patrol Commander, no
person or vessel may enter or remain in
the regulated area.
(2) The operator of any vessel in the
regulated area must:
PO 00000
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Fmt 4702
Sfmt 4702
Fish and Wildlife Service
50 CFR Part 100
RIN 1018–AT81
Subsistence Management Regulations
for Public Lands in Alaska, Subpart A
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed Rule: Notice of
availability of supplemental information
and reopening of the comment period.
AGENCIES:
SUMMARY: On December 8, 2004, we, the
Federal Subsistence Board, published a
proposed rule to revise and clarify the
jurisdiction of the Federal Subsistence
Management Program in coastal areas in
southwestern Alaska. This rulemaking
is necessary in order to exclude
numerous saltwater embayments within
National Wildlife Refuge boundaries
that were never intended to fall under
the jurisdiction of the Federal
Subsistence Management Program. We
are now reopening the comment period
for this rulemaking action because of
newly available maps of the specific
embayments in southwestern Alaska to
be excluded from the jurisdiction of the
Federal Subsistence Management
Program. If you have already
commented on the proposed rule and
have no additional comments to make
as a result of viewing the newly
available maps, then you do not need to
resubmit your comment(s), as they will
E:\FR\FM\29AUP1.SGM
29AUP1
51000
Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules
be fully considered in the final
determination.
DATES: We must receive your written
public comments on this proposed rule
no later than October 21, 2005.
ADDRESSES: Please submit comments
electronically to Subsistence@fws.gov.
See ‘‘Viewing Documents’’ and ‘‘Public
Comment’’ under SUPPLEMENTARY
INFORMATION for information about
viewing the maps and electronic filing
of your comments. You may also submit
written comments to the Office of
Subsistence Management, 3601 C Street,
Suite 1030, Anchorage, Alaska 99503.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786–
3888. For questions specific to National
Forest System lands, contact Steve
Kessler, Regional Subsistence Program
Leader, USDA, Forest Service, Alaska
Region, (907) 786–3888.
SUPPLEMENTARY INFORMATION:
Background
Federal Subsistence Management
Regulations (50 CFR 100.3 and 36 CFR
242.3) currently specify that they apply
on ‘‘all navigable and non-navigable
waters within the exterior boundaries
* * *’’ of the parks, refuges, forests,
conservation areas, recreation areas, and
Wild and Scenic Rivers. This includes,
within National Wildlife Refuge
boundaries, hundreds of thousands of
acres of saltwater embayments that were
not withdrawn prior to Statehood and
thus where the current regulations exert
jurisdiction. During the early
interagency discussions relative to
inclusion of fisheries management in
the Federal Subsistence Management
Program, there does not appear to have
been any intention to specifically
extend Federal jurisdiction to various
embayments where there was no preStatehood withdrawal of submerged
lands and waters.
On December 8, 2004, the Secretary of
the Interior and the Secretary of
Agriculture published a proposed rule
in the Federal Register (69 FR 70940)
that, if finalized, would revise and
clarify the jurisdiction of the Federal
Subsistence Management Program in
coastal areas of southwestern Alaska to
exclude those various embayments
where there was no pre-Statehood
withdrawal of submerged lands and
waters. During the comment period,
which closed originally on January 24,
2005, and was extended until April 1,
2005, one commenter indicated that in
order to make meaningful comments,
the public needed to know which
VerDate Aug<18>2005
13:16 Aug 26, 2005
Jkt 205001
specific bays would be affected and
needed access to maps of the affected
areas. We agree and are making maps
available for review and are reopening
the comment period to accept comments
on the maps as well as on the proposed
rule (69 FR 70940).
https://alaska.fws.gov/asm/home.html. If
you do not have access to the internet,
you may contact the Office of
Subsistence Management at the address
and phone number shown at FOR
FURTHER INFORMATION CONTACT and we
will send the maps to you.
Areas To Be Excluded From Federal
Subsistence Management Program
Jurisdiction
Under the proposed rule, all of the
following areas have been identified for
exclusion from jurisdiction under the
Federal Subsistence Management
Program. Maps are now available for
these areas.
Within the Alaska Peninsula or
Izembek National Wildlife Refuge
boundaries:
Wide Bay
Agripina Bay
Kujulik Bay
Chignik Lagoon, including Mallard
Duck Bay and Schooner Bay
Mud Bay
Anchorage Bay
Lake Bay
Castle Bay
Warner Bay, including Ross Cove
Devils Bay
Kuiukta Bay, including Portage Bay,
Windy Bay, Foot Bay, Fishhook Bay,
and Herring Lagoon
Mitrofania Bay, including Fishrack Bay
Ivanof Bay
Boulder Bay
Fox Bay
American Bay
Albatross Anchorage
Pavlof Bay, including Canoe Bay,
Jackson Lagoon, and Chinaman
Lagoon
Long John Lagoon
Dushkin Lagoon
Bear Bay
Cold Bay, including Lenard Harbor,
Nurse Lagoon, and Kinzarof Lagoon
Morzhovoi Bay, including Littlejohn
Lagoon
Traders Cove
Bechevin Bay, including Hotsprings Bay
Herendeen Bay, including Mine Harbor
Port Moller, including Mud Bay, Right
Head, and Left Head
Within Togiak National Wildlife
Refuge boundaries:
Tvativak Bay
Kulukak Bay
Metervik Bay
Within the Yukon Delta National
Wildlife Refuge boundaries:
Kangirlvar Bay, including Toksook Bay
Hazen Bay
Hooper Bay
Kokechik Bay
Public Comment
Viewing Documents
To view maps, go to the Office of
Subsistence Management Web site at
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Electronic filing of comments
(preferred method): Please submit
electronic comments and other data to
Subsistence@fws.gov. Please submit as
either WordPerfect or MS Word files,
avoiding the use of any special
characters and any form of encryption.
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request that
we withhold their home address from
the rulemaking record, which we will
honor to the extent allowable by law. In
some circumstances, we would
withhold from the rulemaking record a
respondent’s identity, as allowable by
law. If you wish for us to withhold your
name and/or address, you must state
this prominently at the beginning of
your comment. We will make all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
William Knauer drafted this
document 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, Carl Jack,
and Rod Simmons, Alaska Regional
Office, U.S. Fish and Wildlife Service;
Sandy Rabinowitch, Alaska Regional
Office, National Park Service; Warren
Eastland, Pat Petrivelli, and Dr. Glenn
Chen, Alaska Regional Office, Bureau of
Indian Affairs; and Steve Kessler,
Alaska Regional Office, USDA-Forest
Service provided additional guidance.
Dated: July 25, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: July 27, 2005.
Steve Kessler,
Subsistence Program Leader, USDA-Forest
Service.
[FR Doc. 05–17080 Filed 8–26–05; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
E:\FR\FM\29AUP1.SGM
29AUP1
]]>Agencies
[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Proposed Rules]
[Pages 50999-51000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17080]
=======================================================================
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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-AT81
Subsistence Management Regulations for Public Lands in Alaska,
Subpart A
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed Rule: Notice of availability of supplemental
information and reopening of the comment period.
-----------------------------------------------------------------------
SUMMARY: On December 8, 2004, we, the Federal Subsistence Board,
published a proposed rule to revise and clarify the jurisdiction of the
Federal Subsistence Management Program in coastal areas in southwestern
Alaska. This rulemaking is necessary in order to exclude numerous
saltwater embayments within National Wildlife Refuge boundaries that
were never intended to fall under the jurisdiction of the Federal
Subsistence Management Program. We are now reopening the comment period
for this rulemaking action because of newly available maps of the
specific embayments in southwestern Alaska to be excluded from the
jurisdiction of the Federal Subsistence Management Program. If you have
already commented on the proposed rule and have no additional comments
to make as a result of viewing the newly available maps, then you do
not need to resubmit your comment(s), as they will
[[Page 51000]]
be fully considered in the final determination.
DATES: We must receive your written public comments on this proposed
rule no later than October 21, 2005.
ADDRESSES: Please submit comments electronically to
Subsistence@fws.gov. See ``Viewing Documents'' and ``Public Comment''
under SUPPLEMENTARY INFORMATION for information about viewing the maps
and electronic filing of your comments. You may also submit written
comments to the Office of Subsistence Management, 3601 C Street, Suite
1030, Anchorage, Alaska 99503.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Steve Kessler, Regional
Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907)
786-3888.
SUPPLEMENTARY INFORMATION:
Background
Federal Subsistence Management Regulations (50 CFR 100.3 and 36 CFR
242.3) currently specify that they apply on ``all navigable and non-
navigable waters within the exterior boundaries * * *'' of the parks,
refuges, forests, conservation areas, recreation areas, and Wild and
Scenic Rivers. This includes, within National Wildlife Refuge
boundaries, hundreds of thousands of acres of saltwater embayments that
were not withdrawn prior to Statehood and thus where the current
regulations exert jurisdiction. During the early interagency
discussions relative to inclusion of fisheries management in the
Federal Subsistence Management Program, there does not appear to have
been any intention to specifically extend Federal jurisdiction to
various embayments where there was no pre-Statehood withdrawal of
submerged lands and waters.
On December 8, 2004, the Secretary of the Interior and the
Secretary of Agriculture published a proposed rule in the Federal
Register (69 FR 70940) that, if finalized, would revise and clarify the
jurisdiction of the Federal Subsistence Management Program in coastal
areas of southwestern Alaska to exclude those various embayments where
there was no pre-Statehood withdrawal of submerged lands and waters.
During the comment period, which closed originally on January 24, 2005,
and was extended until April 1, 2005, one commenter indicated that in
order to make meaningful comments, the public needed to know which
specific bays would be affected and needed access to maps of the
affected areas. We agree and are making maps available for review and
are reopening the comment period to accept comments on the maps as well
as on the proposed rule (69 FR 70940).
Areas To Be Excluded From Federal Subsistence Management Program
Jurisdiction
Under the proposed rule, all of the following areas have been
identified for exclusion from jurisdiction under the Federal
Subsistence Management Program. Maps are now available for these areas.
Within the Alaska Peninsula or Izembek National Wildlife Refuge
boundaries:
Wide Bay
Agripina Bay
Kujulik Bay
Chignik Lagoon, including Mallard Duck Bay and Schooner Bay
Mud Bay
Anchorage Bay
Lake Bay
Castle Bay
Warner Bay, including Ross Cove
Devils Bay
Kuiukta Bay, including Portage Bay, Windy Bay, Foot Bay, Fishhook Bay,
and Herring Lagoon
Mitrofania Bay, including Fishrack Bay
Ivanof Bay
Boulder Bay
Fox Bay
American Bay
Albatross Anchorage
Pavlof Bay, including Canoe Bay, Jackson Lagoon, and Chinaman Lagoon
Long John Lagoon
Dushkin Lagoon
Bear Bay
Cold Bay, including Lenard Harbor, Nurse Lagoon, and Kinzarof Lagoon
Morzhovoi Bay, including Littlejohn Lagoon
Traders Cove
Bechevin Bay, including Hotsprings Bay
Herendeen Bay, including Mine Harbor
Port Moller, including Mud Bay, Right Head, and Left Head
Within Togiak National Wildlife Refuge boundaries:
Tvativak Bay
Kulukak Bay
Metervik Bay
Within the Yukon Delta National Wildlife Refuge boundaries:
Kangirlvar Bay, including Toksook Bay
Hazen Bay
Hooper Bay
Kokechik Bay
Viewing Documents
To view maps, go to the Office of Subsistence Management Web site
at https://alaska.fws.gov/asm/home.html. If you do not have access to
the internet, you may contact the Office of Subsistence Management at
the address and phone number shown at FOR FURTHER INFORMATION CONTACT
and we will send the maps to you.
Public Comment
Electronic filing of comments (preferred method): Please submit
electronic comments and other data to Subsistence@fws.gov. Please
submit as either WordPerfect or MS Word files, avoiding the use of any
special characters and any form of encryption.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. In some circumstances, we would withhold
from the rulemaking record a respondent's identity, as allowable by
law. If you wish for us to withhold your name and/or address, you must
state this prominently at the beginning of your comment. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
William Knauer drafted this document 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,
Carl Jack, and Rod Simmons, Alaska Regional Office, U.S. Fish and
Wildlife Service; Sandy Rabinowitch, Alaska Regional Office, National
Park Service; Warren Eastland, Pat Petrivelli, and Dr. Glenn Chen,
Alaska Regional Office, Bureau of Indian Affairs; and Steve Kessler,
Alaska Regional Office, USDA-Forest Service provided additional
guidance.
Dated: July 25, 2005.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
Dated: July 27, 2005.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 05-17080 Filed 8-26-05; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P
