Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D: 2008-09 Subsistence Taking of Fish and Shellfish Regulations, 75899-75902 [06-9760]
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Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Proposed Rules
shareholders. The text of those
regulations also serves as the text of
these proposed regulations.
DATES: Written or electronic comments
and requests for a public hearing must
be received by March 19, 2007.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–125632–06),
Internal Revenue Service, PO Box 7604,
Ben Franklin Station, Washington, DC
20044. Submissions may be hand
delivered to CC:PA:LPD:PR (REG–
125632–06), Courier Desk, Internal
Revenue Service, Crystal Mall 4, 1901
South Bell Street, Arlington, Virginia, or
sent electronically, via the IRS Internet
site at https://www.irs.gov/regs or via the
Federal eRulemaking Portal at https://
www.regulations.gov (IRS REG–125632–
06).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Bruce A. Decker, (202) 622–7550;
concerning submissions of comments,
the hearing, and/or to be placed on the
access list to attend the hearing, Kelly
Banks, (202) 622–7180 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
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Background
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register amend 26 CFR part
1. The temporary regulations provide
guidance on circumstances where the
distribution of stock and/or securities
under section 354(b)(1)(B) will be
deemed satisfied in the absence of an
actual issuance of stock and/or
securities pursuant to a reorganization
described in section 368(a)(1)(D). The
text of those regulations also serves as
the text of these proposed regulations.
The preamble to the temporary
regulations explains the amendments.
Explanation of Provisions
These temporary regulations provide
guidance regarding the circumstances in
which the distribution requirement
under sections 368(a)(1)(D) and
354(b)(1)(B) is deemed satisfied despite
the fact that no stock and/or securities
are actually issued in a transaction
otherwise described in section
368(a)(1)(D). These regulations will
affect certain cash sales of assets
between two corporations that have the
same direct or indirect shareholders or
a de minimis variation in shareholder
identity and proportionality.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
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regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulation does not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, this notice of proposed
rulemaking will be submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small business.
Drafting Information
Comments and Requests for a Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written (a signed original and eight (8)
copies) or electronic comments that are
submitted timely to the IRS. The IRS
and Treasury Department request
comments on the clarity of the proposed
rules and how they can be made easier
to understand. The IRS and Treasury
Department request comments on
several issues relating to acquisitive
reorganizations described in section
368(a)(1)(D). Specifically, the IRS and
Treasury Department request comments
on whether the meaningless gesture
doctrine is inconsistent with the
distribution requirement in sections
368(a)(1)(D) and 354(b)(1)(B), especially
in situations in which the cash
consideration received equals the full
fair market value of the property
transferred such that there is no missing
consideration for which the nominal
share of stock deemed received and
distributed could substitute. The IRS
and Treasury Department also request
comments on the extent, if any, to
which the continuity of interest
requirement should apply to a
reorganization described in section
368(a)(1)(D). The IRS and Treasury
Department request comments on
whether these temporary regulations
should apply when the parties to the
reorganization are members of a
consolidated group. Finally, the IRS and
Treasury Department request comments
on the continued vitality of various
liquidation-reincorporation authorities
after the enactment of the Tax Reform
Act of 1986, Public Law 99–514 (100
Stat. 2085 (1986)). All comments will be
available for public inspection and
copying. A public hearing will be
scheduled if requested in writing by any
person that timely submits written
comments. If a public hearing is
scheduled, notice of the date, time, and
place for the public hearing will be
published in the Federal Register.
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
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The principal author of these
regulations is Bruce A. Decker, Office of
Associate Chief Counsel (Corporate).
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAXES
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.368–2 is amended by
revising paragraph (l) to read as follows:
§ 1.368–2
Definition of terms.
*
*
*
*
*
(l) [The text of this proposed
amendment to § 1.368–2(l) is the same
as the text of § 1.368–2T(l)(1) through
(l)(4)(i) published elsewhere in this
issue of the Federal Register]
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E6–21572 Filed 12–18–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018–AU71
Subsistence Management Regulations
for Public Lands in Alaska, Subpart C
and Subpart D: 2008–09 Subsistence
Taking of Fish and Shellfish
Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCIES:
SUMMARY: This proposed rule would
establish regulations for fishing seasons,
harvest limits, methods, and means
related to taking of fish and shellfish for
subsistence uses during the 2008–09
regulatory year. The rulemaking is
necessary because Subpart D is subject
to an annual public review cycle. When
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Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Proposed Rules
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final, this rulemaking would replace the
fish and shellfish taking regulations
included in the ‘‘Subsistence
Management Regulations for Public
Lands in Alaska, Subpart D: 2007–08
Subsistence Taking of Fish and Wildlife
Regulations,’’ which expire on March
31, 2008. This rule would also amend
the Customary and Traditional Use
Determinations of the Federal
Subsistence Board and the General
Regulations related to the taking of fish
and shellfish.
DATES: The Federal Subsistence Board
must receive your written public
comments and proposals to change this
proposed rule no later than March 23,
2007. Federal Subsistence Regional
Advisory Councils (Regional Councils)
will hold public meetings to receive
proposals to change this proposed rule
between February 19, 2007, and March
21, 2007. See SUPPLEMENTARY
INFORMATION for additional information
on the public meetings.
ADDRESSES: You may submit proposals
by any of the following methods:
• E-mail: Subsistence@fws.gov.
• Fax: 907–786–3898.
• Mail: Office of Subsistence
Management, 3601 C Street, Suite 1030,
Anchorage, Alaska 99503.
See SUPPLEMENTARY INFORMATION for
file formats and other information about
electronic filing. The public meetings
will be held at various locations in
Alaska. See SUPPLEMENTARY INFORMATION
for additional information on locations
of the public meetings.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Peter J. Probasco, 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) 786–3592.
SUPPLEMENTARY INFORMATION:
Public Review Process—Regulation
Comments, Proposals, and Public
Meetings
The Federal Subsistence Program will
hold meetings on this proposed rule at
the following locations in Alaska:
Region 1—Southeast Regional Council,
Kake, February 26, 2007
Region 2—Southcentral Regional
Council, Anchorage, March 13, 2007
Region 3—Kodiak/Aleutians Regional
Council, King Cove, March 12, 2007
Region 4—Bristol Bay Regional Council,
Naknek, February 20, 2007
Region 5—Yukon-Kuskokwim Delta
Regional Council, Hooper Bay, March
15, 2007
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Region 6—Western Interior Regional
Council, Aniak, March 6, 2007
Region 7—Seward Peninsula Regional
Council, Nome, February 20, 2007
Region 8—Northwest Arctic Regional
Council, Kotzebue, March 8, 2007
Region 9—Eastern Interior Regional
Council, Arctic Village, March 20,
2007
Region 10—North Slope Regional
Council, Barrow, March 1, 2007
We will publish notice of specific
dates, times, and meeting locations in
local and Statewide newspapers prior to
the meetings. We may need to change
locations and dates based on weather or
local circumstances. The amount of
work on each Regional Councils agenda
will determine the length of each
Regional Council meetings.
Electronic filing of comments
(preferred method): Please submit
electronic comments (proposals) and
other data to Subsistence@fws.gov.
Please submit as either MS Word or
Adobe Acrobat (PDF) files.
During May 2007, we will compile
and distribute for additional public
review the written proposals to change
Subpart D fishing regulations and
Subpart C customary and traditional use
determinations. A 30-day public
comment period will follow distribution
of the compiled proposal packet. We
will accept written public comments on
distributed proposals during the public
comment period, which is presently
scheduled to end on June 29, 2007.
We will hold a second series of
Regional Council meetings in September
and October 2007, at which the Regional
Councils will develop recommendations
to the Board. You may also present
comments on published proposals to
change fishing and customary and
traditional use determination
regulations to the Regional Councils at
those fall meetings.
The Federal Subsistence Board
(Board) will discuss and evaluate
proposed changes to the subsistence
taking of fish and shellfish regulations
during a public meeting to be held in
Anchorage in January 2008. You may
provide additional oral testimony on
specific proposals before the Board at
that time. The Board will then
deliberate and take final action on
proposals received that request changes
to this proposed rule at that public
meeting.
Please Note: The Board will not consider
proposals for changes relating to hunting or
trapping regulations at this time. The Board
anticipates calling for proposed changes to
those regulations in August 2007.
The Board’s review of your comments
and fish and shellfish proposals will be
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facilitated if you provide the following
information: (a) Your name, address,
and telephone number; (b) The section
and/or paragraph of the proposed rule
for which your change is being
suggested; (c) A statement explaining
why the change is necessary; (d) The
proposed wording change; (e) Any
additional information you believe will
help the Board in evaluating your
proposal. Proposals that fail to include
the above information, or proposals that
are beyond the scope of authorities in
§ l.24, subpart C, and §§ l.25,l .27,
or l.28, subpart D, may be rejected. The
Board may defer review and action on
some proposals to allow time for local
cooperative planning efforts, or to
acquire additional needed information,
or if workload exceeds work capacity of
staff, Regional Councils, or Board. These
deferrals will be based on
recommendations of the affected
Regional Council, staff members, and on
the basis of least harm to the subsistence
user and the resource involved.
Proposals should be specific to
customary and traditional use
determinations or to subsistence fishing
seasons, harvest limits, and/or methods
and means.
Background
Title VIII of the Alaska National
Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111–3126)
requires that the Secretary of the Interior
and the Secretary of Agriculture
(Secretaries) implement a joint program
to grant a preference for subsistence
uses of fish and wildlife resources on
public lands, unless the State of Alaska
enacts and implements laws of general
applicability that are consistent with
ANILCA and that provide for the
subsistence definition, preference, and
participation specified in sections 803,
804, and 805 of ANILCA. The State
implemented a program that the
Department of the Interior previously
found to be consistent with ANILCA.
However, in December 1989, the Alaska
Supreme Court ruled in McDowell v.
State of Alaska that the rural preference
in the State subsistence statute violated
the Alaska Constitution. The Court’s
ruling in McDowell required the State to
delete the rural preference from the
subsistence statute and, therefore,
negated State compliance with ANILCA.
The Court stayed the effect of the
decision until July 1, 1990.
As a result of the McDowell decision,
the Department of the Interior and the
Department of Agriculture
(Departments) assumed, on July 1, 1990,
responsibility for implementation of
Title VIII of ANILCA on public lands.
On June 29, 1990, the Temporary
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Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Proposed Rules
Subsistence Management Regulations
for Public Lands in Alaska were
published in the Federal Register (55
FR 27114). Consistent with subparts A,
B, and C of these regulations, as revised
October 14, 2004 (69 FR 60957), the
Departments established a Federal
Subsistence Board to administer the
Federal Subsistence Management
Program. The Board’s composition
includes a Chair appointed by the
Secretary of the Interior with
concurrence of the Secretary of
Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service;
the Alaska Regional Director, U.S.
National Park Service; the Alaska State
Director, U.S. Bureau of Land
Management; the Alaska Regional
Director, U.S. Bureau of Indian Affairs;
and the Alaska Regional Forester, USDA
Forest Service. Through the Board, these
agencies participate in the development
of regulations for subparts A, B, and C,
and the annual subpart D regulations.
All Board members have reviewed
this proposed rule and agree with its
substance. Because this proposed rule
relates to public lands managed by an
agency or agencies in both the
Departments of Agriculture and the
Interior, identical text would be
incorporated into 36 CFR part 242 and
50 CFR part 100.
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Applicability of Subparts A, B, and C
Subparts A, B, and C (unless
otherwise amended) of the Subsistence
Management Regulations for Public
Lands in Alaska, 50 CFR 100.1 to 100.23
and 36 CFR 242.1 to 242.23, remain
effective and apply to this proposed
rule. Therefore, all definitions located at
50 CFR 100.4 and 36 CFR 242.4 would
apply to regulations found in this
subpart.
Federal Subsistence Regional Advisory
Councils
Pursuant to the Record of Decision,
Subsistence Management Regulations
for Federal Public Lands in Alaska,
April 6, 1992, and the Subsistence
Management Regulations for Federal
Public Lands in Alaska, 36 CFR 242.11
(2004) and 50 CFR 100.11 (2004), and
for the purposes identified therein, we
divide Alaska into 10 subsistence
resource regions, each of which is
represented by a Regional Council. The
Regional Councils provide a forum for
rural residents with personal knowledge
of local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Alaska public lands.
The Regional Council members
represent varied geographical, cultural,
and user diversity within each region.
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The Regional Councils have a
substantial role in reviewing the
proposed rule and making
recommendations for the final rule.
Moreover, the Council Chairs, or their
designated representatives, will present
their Council’s recommendations at the
Board meeting in January 2008.
Proposed Changes From 2007–08
Seasons and Harvest Limit Regulations
Subpart D regulations are subject to
an annual cycle and require
development of an entire new rule each
year. Customary and traditional use
determinations (§ l.24 of subpart C) are
also subject to an annual review process
providing for modification each year.
The text of the 2006–07 subparts C and
D final rule, as modified by Federal
Subsistence Board actions during their
January 9–11, 2007, public meeting,
serves as the foundation for the 2008–
09 subparts C and D proposed rule.
Please see the 2006–07 subparts C and
D final rule published in the March 29,
2006 (71 FR 15569), issue of the Federal
Register. The modifications for 2007–08
made by the Board during their January
2007 meeting may be viewed on the
Office of Subsistence Management Web
site at www.alaska.fws.gov/asm/
home.html. The regulations contained
in this proposed rule would take effect
on April 1, 2008, unless elements are
changed by subsequent Board action
following the public review process
outlined herein.
Conformance With Statutory and
Regulatory Authorities
National Environmental Policy Act
Compliance—A Draft Environmental
Impact Statement (DEIS) that described
four alternatives for developing a
Federal Subsistence Management
Program was distributed for public
comment on October 7, 1991. That
document described the major issues
associated with Federal subsistence
management as identified through
public meetings, written comments, and
staff analysis and examined the
environmental consequences of the four
alternatives. Proposed regulations
(subparts A, B, and C) that would
implement the preferred alternative
were included in the DEIS as an
appendix. The DEIS and the proposed
administrative regulations presented a
framework for an annual regulatory
cycle regarding subsistence hunting and
fishing regulations (subpart D). The
Final Environmental Impact Statement
(FEIS) was published on February 28,
1992.
Based on the public comment
received, the analysis contained in the
FEIS, and the recommendations of the
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Federal Subsistence Board and the
Department of the Interior’s Subsistence
Policy Group, it was the decision of the
Secretary of the Interior, with the
concurrence of the Secretary of
Agriculture, through the U.S.
Department of Agriculture–Forest
Service, to implement Alternative IV as
identified in the DEIS and FEIS (Record
of Decision on Subsistence Management
for Federal Public Lands in Alaska
(ROD), signed April 6, 1992). The DEIS
and the selected alternative in the FEIS
defined the administrative framework of
an annual regulatory cycle for
subsistence hunting and fishing
regulations. The final rule for
Subsistence Management Regulations
for Public Lands in Alaska, subparts A,
B, and C (57 FR 22940, published May
29, 1992), implemented the Federal
Subsistence Management Program and
included a framework for an annual
cycle for subsistence hunting and
fishing regulations.
An environmental assessment was
prepared in 1997 on the expansion of
Federal jurisdiction over fisheries and is
available from the office listed under
FOR FURTHER INFORMATION CONTACT. The
Secretary of the Interior, with the
concurrence of the Secretary of
Agriculture determined that the
expansion of Federal jurisdiction did
not constitute a major Federal action
significantly affecting the human
environment, and has, therefore, signed
a Finding of No Significant Impact.
Compliance with section 810 of
ANILCA—A section 810 analysis was
completed as part of the FEIS process on
the Federal Subsistence Management
Program. The intent of all Federal
subsistence regulations is to accord
subsistence uses of fish and wildlife on
public lands a priority over the taking
of fish and wildlife on such lands for
other purposes, unless restriction is
necessary to conserve healthy fish and
wildlife populations. The final section
810 analysis determination appeared in
the April 6, 1992, ROD, which
concluded that the Federal Subsistence
Management Program, under
Alternative IV with an annual process
for setting hunting and fishing
regulations, may have some local
impacts on subsistence uses, but it does
not appear that the program may
significantly restrict subsistence uses.
During the environmental assessment
process, an evaluation of the effects of
this rule was also conducted in
accordance with section 810. This
evaluation supports the Secretaries’
determination that the rule will not
reach the ‘‘may significantly restrict’’
threshold for notice and hearings under
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Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Proposed Rules
ANILCA section 810(a) for any
subsistence resources or uses.
Paperwork Reduction Act—The
information collection requirements
contained in this rule have been
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) and assigned OMB control
number 1018–0075, which expires
October 31, 2009. We may not conduct
or sponsor, and you are not required to
respond to, a collection of information
unless it displays a current valid OMB
control number.
Economic Effects—This rule is not a
significant rule subject to OMB review
under Executive Order 12866. This
rulemaking will impose no significant
costs on small entities; this rule does
not restrict any existing sport or
commercial fishery on the public lands,
and subsistence fisheries will continue
at essentially the same levels as they
presently occur. The exact number of
businesses and the amount of trade that
will result from this Federal landrelated activity is unknown. The
aggregate effect is an insignificant
positive economic effect on a number of
small entities, such as tackle, boat, and
gasoline dealers. The number of small
entities affected is unknown; however,
the fact that the positive effects will be
seasonal in nature and will, in most
cases, merely continue preexisting uses
of public lands indicates that they will
not be significant.
In general, the resources to be
harvested under this rule are already
being harvested and consumed by the
local harvester and do not result in an
additional dollar benefit to the
economy. However, we estimate that
about 26.2 million pounds of fish
(including about 9 million pounds of
salmon) are harvested Statewide by the
local subsistence users annually and, if
based on a replacement value of $3.00
per pound, would equate to $78.6
million in food value Statewide. The
cultural benefits of maintaining a
subsistence lifestyle can be of
considerable value to the participants.
This makes the $78.6 million estimate
for the consumptive value of this rule an
underestimate of the total benefit.
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
preparation of flexibility analyses for
rules that will have a significant
economic effect on a substantial number
of small entities, which include small
businesses, organizations, or
governmental jurisdictions. The
Departments certify based on the above
figures that this rulemaking will not
have a significant economic effect on a
substantial number of small entities
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within the meaning of the Regulatory
Flexibility Act. Under the Small
Business Regulatory Enforcement
Fairness Act (5 U.S.C. 801 et seq.), this
rule is not a major rule. It does not have
an effect on the economy of $100
million or more, will not cause a major
increase in costs or prices for
consumers, and does not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, these
regulations have no potential takings of
private property implications as defined
by Executive Order 12630.
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this rulemaking will not
impose a cost of $100 million or more
in any given year on local or State
governments or private entities. The
implementation of this rule is by
Federal agencies and there is no cost
imposed on any State or local entities or
tribal governments.
The Secretaries have determined that
these regulations meet the applicable
standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988,
regarding civil justice reform.
In accordance with Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
Title VIII of ANILCA precludes the State
from exercising subsistence
management authority over fish and
wildlife resources on Federal lands
unless it meets certain requirements.
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and 512 DM 2, we have
evaluated possible effects on Federally
recognized Indian tribes and have
determined that there are no significant
direct effects. The Bureau of Indian
Affairs is a participating agency in this
rulemaking.
On May 18, 2001, the President issued
Executive Order 13211 on regulations
that significantly affect energy supply,
distribution, or use. This Executive
Order requires agencies to prepare
Statements of Energy Effects when
undertaking certain actions. As this rule
is not a significant regulatory action
under Executive Order 13211, affecting
energy supply, distribution, or use, this
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action is not a significant action and no
Statement of Energy Effects is required.
Drafting Information—William
Knauer drafted these regulations under
the guidance of Peter J. Probasco, of the
Office of Subsistence Management,
Alaska Regional Office, U.S. Fish and
Wildlife Service, Anchorage, Alaska.
Chuck Ardizzone, Alaska State Office,
Bureau of Land Management; Nancy
Swanton, Alaska Regional Office,
National Park Service; Dr. Glenn Chen,
Alaska Regional Office, Bureau of
Indian Affairs; Jerry Berg, Alaska
Regional Office, U.S. Fish and Wildlife
Service; and Steve Kessler, 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.
For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR 242
and 50 CFR 100 for the 2008–09
regulatory year. The text of the
amendments would be the same as the
final rule for the 2006–07 regulatory
year (71 FR 15569) as modified by
Federal Subsistence Board actions on
January 9–11, 2007.
Dated: December 1, 2006.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: December 1, 2006.
Steve Kessler,
Subsistence Program Leader, USDA-Forest
Service.
[FR Doc. 06–9760 Filed 12–18–06; 8:45 am]
BILLING CODE 4310–55–P; 3410–11–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 51
[EPA–HQ–OAR–2003–0079, FRL–8256–8]
RIN 2060–AJ99
Phase 2 of the Final Rule To Implement
the 8-Hour Ozone National Ambient Air
Quality Standard—Notice of
Reconsideration
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Proposed Rules]
[Pages 75899-75902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9760]
=======================================================================
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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-AU71
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D: 2008-09 Subsistence Taking of Fish and
Shellfish Regulations
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would establish regulations for fishing
seasons, harvest limits, methods, and means related to taking of fish
and shellfish for subsistence uses during the 2008-09 regulatory year.
The rulemaking is necessary because Subpart D is subject to an annual
public review cycle. When
[[Page 75900]]
final, this rulemaking would replace the fish and shellfish taking
regulations included in the ``Subsistence Management Regulations for
Public Lands in Alaska, Subpart D: 2007-08 Subsistence Taking of Fish
and Wildlife Regulations,'' which expire on March 31, 2008. This rule
would also amend the Customary and Traditional Use Determinations of
the Federal Subsistence Board and the General Regulations related to
the taking of fish and shellfish.
DATES: The Federal Subsistence Board must receive your written public
comments and proposals to change this proposed rule no later than March
23, 2007. Federal Subsistence Regional Advisory Councils (Regional
Councils) will hold public meetings to receive proposals to change this
proposed rule between February 19, 2007, and March 21, 2007. See
SUPPLEMENTARY INFORMATION for additional information on the public
meetings.
ADDRESSES: You may submit proposals by any of the following methods:
E-mail: Subsistence@fws.gov.
Fax: 907-786-3898.
Mail: Office of Subsistence Management, 3601 C Street,
Suite 1030, Anchorage, Alaska 99503.
See SUPPLEMENTARY INFORMATION for file formats and other
information about electronic filing. The public meetings will be held
at various locations in Alaska. See SUPPLEMENTARY INFORMATION for
additional information on locations of the public meetings.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, 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)
786-3592.
SUPPLEMENTARY INFORMATION:
Public Review Process--Regulation Comments, Proposals, and Public
Meetings
The Federal Subsistence Program will hold meetings on this proposed
rule at the following locations in Alaska:
Region 1--Southeast Regional Council, Kake, February 26, 2007
Region 2--Southcentral Regional Council, Anchorage, March 13, 2007
Region 3--Kodiak/Aleutians Regional Council, King Cove, March 12, 2007
Region 4--Bristol Bay Regional Council, Naknek, February 20, 2007
Region 5--Yukon-Kuskokwim Delta Regional Council, Hooper Bay, March 15,
2007
Region 6--Western Interior Regional Council, Aniak, March 6, 2007
Region 7--Seward Peninsula Regional Council, Nome, February 20, 2007
Region 8--Northwest Arctic Regional Council, Kotzebue, March 8, 2007
Region 9--Eastern Interior Regional Council, Arctic Village, March 20,
2007
Region 10--North Slope Regional Council, Barrow, March 1, 2007
We will publish notice of specific dates, times, and meeting
locations in local and Statewide newspapers prior to the meetings. We
may need to change locations and dates based on weather or local
circumstances. The amount of work on each Regional Councils agenda will
determine the length of each Regional Council meetings.
Electronic filing of comments (preferred method): Please submit
electronic comments (proposals) and other data to Subsistence@fws.gov.
Please submit as either MS Word or Adobe Acrobat (PDF) files.
During May 2007, we will compile and distribute for additional
public review the written proposals to change Subpart D fishing
regulations and Subpart C customary and traditional use determinations.
A 30-day public comment period will follow distribution of the compiled
proposal packet. We will accept written public comments on distributed
proposals during the public comment period, which is presently
scheduled to end on June 29, 2007.
We will hold a second series of Regional Council meetings in
September and October 2007, at which the Regional Councils will develop
recommendations to the Board. You may also present comments on
published proposals to change fishing and customary and traditional use
determination regulations to the Regional Councils at those fall
meetings.
The Federal Subsistence Board (Board) will discuss and evaluate
proposed changes to the subsistence taking of fish and shellfish
regulations during a public meeting to be held in Anchorage in January
2008. You may provide additional oral testimony on specific proposals
before the Board at that time. The Board will then deliberate and take
final action on proposals received that request changes to this
proposed rule at that public meeting.
Please Note: The Board will not consider proposals for changes
relating to hunting or trapping regulations at this time. The Board
anticipates calling for proposed changes to those regulations in
August 2007.
The Board's review of your comments and fish and shellfish
proposals will be facilitated if you provide the following information:
(a) Your name, address, and telephone number; (b) The section and/or
paragraph of the proposed rule for which your change is being
suggested; (c) A statement explaining why the change is necessary; (d)
The proposed wording change; (e) Any additional information you believe
will help the Board in evaluating your proposal. Proposals that fail to
include the above information, or proposals that are beyond the scope
of authorities in Sec. --.24, subpart C, and Sec. Sec. --.25,-- .27,
or --.28, subpart D, may be rejected. The Board may defer review and
action on some proposals to allow time for local cooperative planning
efforts, or to acquire additional needed information, or if workload
exceeds work capacity of staff, Regional Councils, or Board. These
deferrals will be based on recommendations of the affected Regional
Council, staff members, and on the basis of least harm to the
subsistence user and the resource involved. Proposals should be
specific to customary and traditional use determinations or to
subsistence fishing seasons, harvest limits, and/or methods and means.
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands, unless the State of Alaska enacts
and implements laws of general applicability that are consistent with
ANILCA and that provide for the subsistence definition, preference, and
participation specified in sections 803, 804, and 805 of ANILCA. The
State implemented a program that the Department of the Interior
previously found to be consistent with ANILCA. However, in December
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska
that the rural preference in the State subsistence statute violated the
Alaska Constitution. The Court's ruling in McDowell required the State
to delete the rural preference from the subsistence statute and,
therefore, negated State compliance with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture (Departments) assumed, on
July 1, 1990, responsibility for implementation of Title VIII of ANILCA
on public lands. On June 29, 1990, the Temporary
[[Page 75901]]
Subsistence Management Regulations for Public Lands in Alaska were
published in the Federal Register (55 FR 27114). Consistent with
subparts A, B, and C of these regulations, as revised October 14, 2004
(69 FR 60957), the Departments established a Federal Subsistence Board
to administer the Federal Subsistence Management Program. The Board's
composition includes a Chair appointed by the Secretary of the Interior
with concurrence of the Secretary of Agriculture; the Alaska Regional
Director, U.S. Fish and Wildlife Service; the Alaska Regional Director,
U.S. National Park Service; the Alaska State Director, U.S. Bureau of
Land Management; the Alaska Regional Director, U.S. Bureau of Indian
Affairs; and the Alaska Regional Forester, USDA Forest Service. Through
the Board, these agencies participate in the development of regulations
for subparts A, B, and C, and the annual subpart D regulations.
All Board members have reviewed this proposed rule and agree with
its substance. Because this proposed rule relates to public lands
managed by an agency or agencies in both the Departments of Agriculture
and the Interior, identical text would be incorporated into 36 CFR part
242 and 50 CFR part 100.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless otherwise amended) of the Subsistence
Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to
100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this
proposed rule. Therefore, all definitions located at 50 CFR 100.4 and
36 CFR 242.4 would apply to regulations found in this subpart.
Federal Subsistence Regional Advisory Councils
Pursuant to the Record of Decision, Subsistence Management
Regulations for Federal Public Lands in Alaska, April 6, 1992, and the
Subsistence Management Regulations for Federal Public Lands in Alaska,
36 CFR 242.11 (2004) and 50 CFR 100.11 (2004), and for the purposes
identified therein, we divide Alaska into 10 subsistence resource
regions, each of which is represented by a Regional Council. The
Regional Councils provide a forum for rural residents with personal
knowledge of local conditions and resource requirements to have a
meaningful role in the subsistence management of fish and wildlife on
Alaska public lands. The Regional Council members represent varied
geographical, cultural, and user diversity within each region.
The Regional Councils have a substantial role in reviewing the
proposed rule and making recommendations for the final rule. Moreover,
the Council Chairs, or their designated representatives, will present
their Council's recommendations at the Board meeting in January 2008.
Proposed Changes From 2007-08 Seasons and Harvest Limit Regulations
Subpart D regulations are subject to an annual cycle and require
development of an entire new rule each year. Customary and traditional
use determinations (Sec. --.24 of subpart C) are also subject to an
annual review process providing for modification each year. The text of
the 2006-07 subparts C and D final rule, as modified by Federal
Subsistence Board actions during their January 9-11, 2007, public
meeting, serves as the foundation for the 2008-09 subparts C and D
proposed rule. Please see the 2006-07 subparts C and D final rule
published in the March 29, 2006 (71 FR 15569), issue of the Federal
Register. The modifications for 2007-08 made by the Board during their
January 2007 meeting may be viewed on the Office of Subsistence
Management Web site at www.alaska.fws.gov/asm/home.html. The
regulations contained in this proposed rule would take effect on April
1, 2008, unless elements are changed by subsequent Board action
following the public review process outlined herein.
Conformance With Statutory and Regulatory Authorities
National Environmental Policy Act Compliance--A Draft Environmental
Impact Statement (DEIS) that described four alternatives for developing
a Federal Subsistence Management Program was distributed for public
comment on October 7, 1991. That document described the major issues
associated with Federal subsistence management as identified through
public meetings, written comments, and staff analysis and examined the
environmental consequences of the four alternatives. Proposed
regulations (subparts A, B, and C) that would implement the preferred
alternative were included in the DEIS as an appendix. The DEIS and the
proposed administrative regulations presented a framework for an annual
regulatory cycle regarding subsistence hunting and fishing regulations
(subpart D). The Final Environmental Impact Statement (FEIS) was
published on February 28, 1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the Federal Subsistence Board and the
Department of the Interior's Subsistence Policy Group, it was the
decision of the Secretary of the Interior, with the concurrence of the
Secretary of Agriculture, through the U.S. Department of Agriculture-
Forest Service, to implement Alternative IV as identified in the DEIS
and FEIS (Record of Decision on Subsistence Management for Federal
Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the
selected alternative in the FEIS defined the administrative framework
of an annual regulatory cycle for subsistence hunting and fishing
regulations. The final rule for Subsistence Management Regulations for
Public Lands in Alaska, subparts A, B, and C (57 FR 22940, published
May 29, 1992), implemented the Federal Subsistence Management Program
and included a framework for an annual cycle for subsistence hunting
and fishing regulations.
An environmental assessment was prepared in 1997 on the expansion
of Federal jurisdiction over fisheries and is available from the office
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the
Interior, with the concurrence of the Secretary of Agriculture
determined that the expansion of Federal jurisdiction did not
constitute a major Federal action significantly affecting the human
environment, and has, therefore, signed a Finding of No Significant
Impact.
Compliance with section 810 of ANILCA--A section 810 analysis was
completed as part of the FEIS process on the Federal Subsistence
Management Program. The intent of all Federal subsistence regulations
is to accord subsistence uses of fish and wildlife on public lands a
priority over the taking of fish and wildlife on such lands for other
purposes, unless restriction is necessary to conserve healthy fish and
wildlife populations. The final section 810 analysis determination
appeared in the April 6, 1992, ROD, which concluded that the Federal
Subsistence Management Program, under Alternative IV with an annual
process for setting hunting and fishing regulations, may have some
local impacts on subsistence uses, but it does not appear that the
program may significantly restrict subsistence uses.
During the environmental assessment process, an evaluation of the
effects of this rule was also conducted in accordance with section 810.
This evaluation supports the Secretaries' determination that the rule
will not reach the ``may significantly restrict'' threshold for notice
and hearings under
[[Page 75902]]
ANILCA section 810(a) for any subsistence resources or uses.
Paperwork Reduction Act--The information collection requirements
contained in this rule have been approved by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) and assigned OMB control number 1018-0075, which expires
October 31, 2009. We may not conduct or sponsor, and you are not
required to respond to, a collection of information unless it displays
a current valid OMB control number.
Economic Effects--This rule is not a significant rule subject to
OMB review under Executive Order 12866. This rulemaking will impose no
significant costs on small entities; this rule does not restrict any
existing sport or commercial fishery on the public lands, and
subsistence fisheries will continue at essentially the same levels as
they presently occur. The exact number of businesses and the amount of
trade that will result from this Federal land-related activity is
unknown. The aggregate effect is an insignificant positive economic
effect on a number of small entities, such as tackle, boat, and
gasoline dealers. The number of small entities affected is unknown;
however, the fact that the positive effects will be seasonal in nature
and will, in most cases, merely continue preexisting uses of public
lands indicates that they will not be significant.
In general, the resources to be harvested under this rule are
already being harvested and consumed by the local harvester and do not
result in an additional dollar benefit to the economy. However, we
estimate that about 26.2 million pounds of fish (including about 9
million pounds of salmon) are harvested Statewide by the local
subsistence users annually and, if based on a replacement value of
$3.00 per pound, would equate to $78.6 million in food value Statewide.
The cultural benefits of maintaining a subsistence lifestyle can be of
considerable value to the participants. This makes the $78.6 million
estimate for the consumptive value of this rule an underestimate of the
total benefit.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant economic effect on a substantial number of small entities,
which include small businesses, organizations, or governmental
jurisdictions. The Departments certify based on the above figures that
this rulemaking will not have a significant economic effect on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act. Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a
major rule. It does not have an effect on the economy of $100 million
or more, will not cause a major increase in costs or prices for
consumers, and does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule is by Federal agencies and there is no cost
imposed on any State or local entities or tribal governments.
The Secretaries have determined that these regulations meet the
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice reform.
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. Title VIII of ANILCA precludes the State from
exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have evaluated possible effects on Federally recognized Indian tribes
and have determined that there are no significant direct effects. The
Bureau of Indian Affairs is a participating agency in this rulemaking.
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, or
use. This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As this rule is not a
significant regulatory action under Executive Order 13211, affecting
energy supply, distribution, or use, this action is not a significant
action and no Statement of Energy Effects is required.
Drafting Information--William Knauer drafted these regulations
under the guidance of Peter J. Probasco, of the Office of Subsistence
Management, Alaska Regional Office, U.S. Fish and Wildlife Service,
Anchorage, Alaska. Chuck Ardizzone, Alaska State Office, Bureau of Land
Management; Nancy Swanton, Alaska Regional Office, National Park
Service; Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs; Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife
Service; and Steve Kessler, 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.
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR 242 and 50 CFR 100 for the 2008-09
regulatory year. The text of the amendments would be the same as the
final rule for the 2006-07 regulatory year (71 FR 15569) as modified by
Federal Subsistence Board actions on January 9-11, 2007.
Dated: December 1, 2006.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
Dated: December 1, 2006.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 06-9760 Filed 12-18-06; 8:45 am]
BILLING CODE 4310-55-P; 3410-11-P
