[Federal Register: July 22, 2009 (Volume 74, Number 139)]
[Proposed Rules]               
[Page 36131-36132]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Forest Service

36 CFR Part 242


Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AU92

Subsistence Management Regulations for Public Lands in Alaska; 
Kenai Peninsula Subsistence Resource Region

AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, 

ACTION: Proposed rule; withdrawal.


SUMMARY: We, the Federal Subsistence Board, are withdrawing the 
proposed rule to amend the regulations governing subsistence use of 
fish and wildlife in Alaska by creating an additional subsistence 
resource region for the Kenai Peninsula. We received significant 
adverse comments on our proposal, and we have decided not to pursue 
this action.

DATES: The proposed rule published at 71 FR 46427, August 14, 2006 and 
extended at 71 FR 56421, September 27, 2006 is withdrawn effective July 
22, 2009.

FOR FURTHER INFORMATION CONTACT: For Forest Service questions, contact 
Calvin H. Casipit, Acting Regional Subsistence Program Leader, USDA-FS 
Alaska Region, at (907) 586-7918. For Fish and Wildlife Service 
questions, contact Peter J. Probasco at (907) 786-3888.



    Under Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and 
the Secretary of Agriculture (Secretaries) jointly implement the 
Federal Subsistence Management Program. This

[[Page 36132]]

program grants a preference for subsistence uses of fish and wildlife 
resources on Federal public lands and waters in Alaska. The Secretaries 
first published regulations to carry out this program in the Federal 
Register on May 29, 1992 (57 FR 22940). The Program has subsequently 
amended these regulations several times. Because this program is a 
joint effort between Interior and Agriculture, these regulations are 
located in two titles of the Code of Federal Regulations (CFR): Title 
36, ``Parks, Forests, and Public Property,'' and Title 50, ``Wildlife 
and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively. 
The regulations contain subparts as follows: Subpart A, General 
Provisions; Subpart B, Program Structure; Subpart C, Board 
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.

Federal Subsistence Board

    Consistent with subpart B of these regulations, the Departments 
established a Federal Subsistence Board to administer the Federal 
Subsistence Management Program. The Board is made up of:
     Chair appointed by the Secretary of the Interior with 
concurrence of the Secretary of Agriculture;
     Alaska Regional Director, U.S. Fish and Wildlife Service;
     Alaska Regional Director, U.S. National Park Service;
     Alaska State Director, U.S. Bureau of Land Management;
     Alaska Regional Director, U.S. Bureau of Indian Affairs; 
     Alaska Regional Forester, U.S. Forest Service.
    Through the Board, these agencies participate in the development of 
regulations for subparts A, B, and C, which set forth the basic 
program, and they continue to work together on regularly revising the 
subpart D regulations, which, among other things, set forth specific 
harvest seasons and limits.

Federal Subsistence Regional Advisory Councils

    In administering the program, the Secretaries divided 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 Federal public lands in Alaska. The Regional 
Council members represent varied geographical, cultural, and user 
diversity within each region.

Kenai Peninsula

    The Kenai Peninsula in Alaska has unique fish and wildlife 
management challenges resulting from intense use of the Peninsula's 
fish and wildlife by local and nonlocal residents and by nonresidents 
and from the Board's actions to provide a meaningful subsistence 
priority for fisheries in Federally managed fresh waters on the Kenai 
Peninsula. Kenai Peninsula lands primarily under Federal management 
include the Chugach National Forest and the Kenai National Wildlife 
Refuge. The Departments published a proposed rule in the Federal 
Register on August 14, 2006 (71 FR 46427), to create a separate 
subsistence resource region for the Kenai Peninsula and requested 
public comments until September 18, 2006. On September 27, 2006, we 
published a document to extend the comment period on this proposed rule 
until November 9, 2006 (71 FR 56421).

Withdrawal of Proposed Rule

    During a Southcentral Federal Subsistence Regional Advisory Council 
meeting held in Anchorage, Alaska on August 24, 2006, we heard 
significant adverse testimony regarding the creation of a new Kenai 
Peninsula Subsistence Resource Region. Additionally, the Southcentral 
Regional Council unanimously recommended against the formation of such 
a region. Letters from the public also strongly opposed the formation 
of such a region. Therefore, we are withdrawing the proposed rule.
    For the reasons stated above, the Federal Subsistence Board 
withdraws the proposed rule of August 14, 2006 (71 FR 46427).

    Dated: June 18, 2009.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
    Dated: June 18, 2009.
Calvin H. Casipit,
Acting Subsistence Program Leader, USDA--Forest Service.
[FR Doc. E9-17283 Filed 7-21-09; 8:45 am]