Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D-2008-09 Subsistence Taking of Fish and Shellfish Regulations, 40179-40180 [E8-16026]

Download as PDF rfrederick on PROD1PC67 with RULES Federal Register / Vol. 73, No. 135 / Monday, July 14, 2008 / Rules and Regulations amount which constitutes the proceeds of insurance under a policy on the decedent’s life. Paragraph (b) of this section describes the agreements or plans to which section 2039(a) and (b) applies; paragraph (c) of this section provides rules for determining the amount includible in the decedent’s gross estate; paragraph (d) of this section distinguishes proceeds of life insurance; and paragraph (e) of this section distinguishes annuity, unitrust, and other interests retained by a decedent in certain trusts. The fact that an annuity or other payment is not includible in a decedent’s gross estate under section 2039(a) and (b) does not mean that it is not includible under some other section of part III of subchapter A of chapter 11. However, see section 2039(c) and (d) and § 20.2039–2 for rules relating to the exclusion from a decedent’s gross estate of annuities and other payments under certain ‘‘qualified plans.’’ Further, the fact that an annuity or other payment may be includible under section 2039(a) will not preclude the application of another section of chapter 11 with regard to that interest. For annuity interests in trust, see paragraph (e)(1) of this section. * * * * * (e) No application to certain trusts. Section 2039 shall not be applied to include in a decedent’s gross estate all or any portion of a trust (other than a trust constituting an employee benefit, but including those described in the following sentence) if the decedent retained a right to use property of the trust or retained an annuity, unitrust, or other interest in the trust, in either case as described in section 2036. Such trusts include without limitation the following (collectively referred to in this paragraph (e) as ‘‘trusts’’): Certain charitable remainder trusts (collectively CRTs) such as a charitable remainder annuity trust (CRAT) within the meaning of section 664(d)(1), a charitable remainder unitrust (CRUT) within the meaning of section 664(d)(2) or (d)(3), and any other charitable remainder trust that does not qualify under section 664(d), whether because the CRT was created prior to 1969, there was a defect in the drafting of the CRT, there was no intention to qualify the CRT for the charitable deduction, or otherwise; other trusts established by a grantor (collectively GRTs) such as a grantor retained annuity trust (GRAT) paying out a qualified annuity interest within the meaning of § 25.2702–3(b) of this chapter, a grantor retained unitrust (GRUT) paying out a qualified unitrust interest within the meaning of VerDate Aug<31>2005 14:19 Jul 11, 2008 Jkt 214001 § 25.2702–3(c) of this chapter; and various forms of grantor retained income trusts (GRITs) whether or not the grantor’s retained interest is a qualified interest as defined in section 2702(b), including without limitation a qualified personal residence trust (QPRT) within the meaning of § 25.2702–5(c) of this chapter and a personal residence trust (PRT) within the meaning of § 25.2702–5(b) of this chapter. For purposes of determining the extent to which a retained interest causes all or a portion of a trust to be included in a decedent’s gross estate, see § 20.2036–1(c)(1), (2), and (3). (f) Effective/applicability dates. The first, second, and fourth sentences in paragraph (a) of this section are applicable to the estates of decedents dying after August 16, 1954. The fifth sentence of paragraph (a) of this section is applicable to the estates of decedents dying on or after October 27, 1972, and to the estates of decedents for which the period for filing a claim for credit or refund of an estate tax overpayment ends on or after October 27, 1972. The third, sixth, and seventh sentences of paragraph (a) of this section and all of paragraph (e) of this section are applicable to the estates of decedents dying on or after July 14, 2008. 40179 Final rule; correcting amendment. ACTION: SUMMARY: On March 14, 2008, we published a final rule that established regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2008–09 regulatory year. This rule, which became effective April 1, 2008, and remains effective through March 31, 2009, contained an error in the regulatory text. This document corrects that error. This correction is effective July 14, 2008. DATES: 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, Subsistence Program Leader, USDA—Forest Service, Alaska Region, (907) 786–3592. DEPARTMENT OF AGRICULTURE On March 14, 2008, we published a final rule (73 FR 13761) that established regulations for seasons, harvest limits, methods, and means for taking fish and shellfish for subsistence uses during the 2008–09 regulatory year. This rule became effective April 1, 2008, and remains effective through March 31, 2009. We made an error in our regulatory text. In ll.27(i)(13), there was an extra paragraph (i)(13)(xx), which inserted material about the Taku River in the middle of material pertaining to Prince of Wales/Kosciusko Islands. This correction redesignates extra paragraph (i)(13)(xx) as (xxi). The substance of the regulations remains unchanged. Forest Service Administrative Procedure Act Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Approved: July 4, 2008. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E8–15941 Filed 7–11–08; 8:45 am] BILLING CODE 4830–01–P 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [FWS–R7–SM–2008–0021; 70101–1335– 0064L6] 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: We find good cause to waive notice and comment on this correction, pursuant to 5 U.S.C. 533(b)(B), and the 30-day delay in effective date pursuant to 5 U.S.C. 553(d). Notice and comment are unnecessary because this correction is a minor, technical change in the numbering of the regulations. The substance of the regulations remains unchanged. Therefore, this correction is being published as a final regulation and is effective July 14, 2008. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. E:\FR\FM\14JYR1.SGM 14JYR1 40180 Federal Register / Vol. 73, No. 135 / Monday, July 14, 2008 / Rules and Regulations 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. I Accordingly, we amend title 36, part 242, and title 50, part 100, of the Code of Federal Regulations as follows: PART___—SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 continues to read as follows: I Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. 2. Amend § ll.27 by: A. Revising paragraph (i)(13)(xix); B. Correctly redesignating the first paragraph designated as paragraph (i)(13)(xx) as paragraph (i)(13)(xxi); and I C. Revising paragraph (i)(13)(xx) and newly designated (i)(13)(xxi) to read as follows: I I I § ll.27 Subsistence taking of fish. rfrederick on PROD1PC67 with RULES * * * * * (i) * * * (13) * * * (xix) You may take steelhead trout on Prince of Wales and Kosciusko Islands under the terms of Federal subsistence fishing permits. You must obtain a separate permit for the winter and spring seasons. (A) The winter season is December 1 through the last day of February, with a harvest limit of two fish per household. You may use only a dip net, handline, spear, or rod and reel. The winter season may be closed when the harvest level cap of 100 steelhead for Prince of Wales/Kosciusko Islands has been reached. You must return your winter season permit within 15 days of the close of the season and before receiving another permit for a Prince of Wales/Kosciusko steelhead subsistence fishery. The permit conditions and systems to receive special protection will be determined by the local Federal fisheries manager in consultation with ADF&G. (B) The spring season is March 1 through May 31, with a harvest limit of five fish per household. You may use only a dip net, handline, spear, or rod and reel. The spring season may be closed prior to May 31 if the harvest quota of 600 fish minus the number of steelhead harvested in the winter subsistence steelhead fishery is reached. You must return your spring season permit within 15 days of the close of the season and before receiving another VerDate Aug<31>2005 14:19 Jul 11, 2008 Jkt 214001 permit for a Prince of Wales/Kosciusko steelhead subsistence fishery. The permit conditions and systems to receive special protection will be determined by the local Federal fisheries manager in consultation with ADF&G. (xx) In addition to the requirement for a Federal subsistence fishing permit, the following restrictions for the harvest of Dolly Varden, brook trout, grayling, cutthroat, and rainbow trout apply: (A) The daily household harvest and possession limit is 20 Dolly Varden; there is no closed season or size limit; (B) The daily household harvest and possession limit is 20 brook trout; there is no closed season or size limit; (C) The daily household harvest and possession limit is 20 grayling; there is no closed season or size limit; (D) The daily household harvest limit is 6 and the household possession limit is 12 cutthroat or rainbow trout in combination; there is no closed season or size limit; (E) You may only use a rod and reel; (F) The permit conditions and systems to receive special protection will be determined by the local Federal fisheries manager in consultation with ADF&G. (xxi) There is no subsistence fishery for any salmon on the Taku River. Dated: July 8, 2008. Sara Prigan, Federal Register Liaison. [FR Doc. E8–16026 Filed 7–11–08; 8:45 am] BILLING CODE 3410–11–P, 4310–55–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: SUMMARY: Modified Base (1 % annualchance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents. DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below of the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of FEMA resolved any appeals resulting from this notification. The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection. The modified BFEs are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these ADDRESSES: E:\FR\FM\14JYR1.SGM 14JYR1

Agencies

[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[RU]
[Pages 40179-40180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16026]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[FWS-R7-SM-2008-0021; 70101-1335-0064L6]
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: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: On March 14, 2008, we published a final rule that established 
regulations for seasons, harvest limits, methods, and means related to 
taking of fish and shellfish for subsistence uses during the 2008-09 
regulatory year. This rule, which became effective April 1, 2008, and 
remains effective through March 31, 2009, contained an error in the 
regulatory text. This document corrects that error.

DATES: This correction is effective July 14, 2008.

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, Subsistence 
Program Leader, USDA--Forest Service, Alaska Region, (907) 786-3592.

SUPPLEMENTARY INFORMATION: On March 14, 2008, we published a final rule 
(73 FR 13761) that established regulations for seasons, harvest limits, 
methods, and means for taking fish and shellfish for subsistence uses 
during the 2008-09 regulatory year. This rule became effective April 1, 
2008, and remains effective through March 31, 2009. We made an error in 
our regulatory text. In ----.27(i)(13), there was an extra paragraph 
(i)(13)(xx), which inserted material about the Taku River in the middle 
of material pertaining to Prince of Wales/Kosciusko Islands. This 
correction redesignates extra paragraph (i)(13)(xx) as (xxi). The 
substance of the regulations remains unchanged.

Administrative Procedure Act

    We find good cause to waive notice and comment on this correction, 
pursuant to 5 U.S.C. 533(b)(B), and the 30-day delay in effective date 
pursuant to 5 U.S.C. 553(d). Notice and comment are unnecessary because 
this correction is a minor, technical change in the numbering of the 
regulations. The substance of the regulations remains unchanged. 
Therefore, this correction is being published as a final regulation and 
is effective July 14, 2008.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

[[Page 40180]]

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

0
Accordingly, we amend title 36, part 242, and title 50, part 100, of 
the Code of Federal Regulations as follows:

PART--------SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 
continues to read as follows:

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.


0
2. Amend Sec.  ----.27 by:
0
A. Revising paragraph (i)(13)(xix);
0
B. Correctly redesignating the first paragraph designated as paragraph 
(i)(13)(xx) as paragraph (i)(13)(xxi); and
0
C. Revising paragraph (i)(13)(xx) and newly designated (i)(13)(xxi) to 
read as follows:


Sec.  ----.27  Subsistence taking of fish.

* * * * *
    (i) * * *
    (13) * * *
    (xix) You may take steelhead trout on Prince of Wales and Kosciusko 
Islands under the terms of Federal subsistence fishing permits. You 
must obtain a separate permit for the winter and spring seasons.
    (A) The winter season is December 1 through the last day of 
February, with a harvest limit of two fish per household. You may use 
only a dip net, handline, spear, or rod and reel. The winter season may 
be closed when the harvest level cap of 100 steelhead for Prince of 
Wales/Kosciusko Islands has been reached. You must return your winter 
season permit within 15 days of the close of the season and before 
receiving another permit for a Prince of Wales/Kosciusko steelhead 
subsistence fishery. The permit conditions and systems to receive 
special protection will be determined by the local Federal fisheries 
manager in consultation with ADF&G.
    (B) The spring season is March 1 through May 31, with a harvest 
limit of five fish per household. You may use only a dip net, handline, 
spear, or rod and reel. The spring season may be closed prior to May 31 
if the harvest quota of 600 fish minus the number of steelhead 
harvested in the winter subsistence steelhead fishery is reached. You 
must return your spring season permit within 15 days of the close of 
the season and before receiving another permit for a Prince of Wales/
Kosciusko steelhead subsistence fishery. The permit conditions and 
systems to receive special protection will be determined by the local 
Federal fisheries manager in consultation with ADF&G.
    (xx) In addition to the requirement for a Federal subsistence 
fishing permit, the following restrictions for the harvest of Dolly 
Varden, brook trout, grayling, cutthroat, and rainbow trout apply:
    (A) The daily household harvest and possession limit is 20 Dolly 
Varden; there is no closed season or size limit;
    (B) The daily household harvest and possession limit is 20 brook 
trout; there is no closed season or size limit;
    (C) The daily household harvest and possession limit is 20 
grayling; there is no closed season or size limit;
    (D) The daily household harvest limit is 6 and the household 
possession limit is 12 cutthroat or rainbow trout in combination; there 
is no closed season or size limit;
    (E) You may only use a rod and reel;
    (F) The permit conditions and systems to receive special protection 
will be determined by the local Federal fisheries manager in 
consultation with ADF&G.
    (xxi) There is no subsistence fishery for any salmon on the Taku 
River.

    Dated: July 8, 2008.
Sara Prigan,
Federal Register Liaison.
[FR Doc. E8-16026 Filed 7-11-08; 8:45 am]
BILLING CODE 3410-11-P, 4310-55-P