[Federal Register: July 14, 2008 (Volume 73, Number 135)]
[Rules and Regulations]               
[Page 40179-40180]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy08-5]                         

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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

[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.

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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]

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