[Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Rules and Regulations]
[Page 63088-63093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc10-19]
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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
[Docket No. FWS-R7-SM-2009-0052; 70101-1261-0000L6]
RIN 1018-AW77
Subsistence Management Regulations for Public Lands in Alaska,
Subpart B; Special Actions
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Final rule.
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SUMMARY: This final rule amends the regulations that manage the taking
of wildlife and fish in Alaska for subsistence purposes. In particular,
the Federal Subsistence Board's (Board) process of accepting and
addressing special action requests is clarified, along with the role of
the Regional Advisory Councils in the special action process.
[[Page 63089]]
Public notice requirements are updated to bring them in alignment with
the practices of the digital age and accommodate the new biennial
regulatory cycle.
DATES: This rule is effective October 14, 2010.
ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 1011 East Tudor Road, MS 121,
Anchorage, AK 99503, or on the Office of Subsistence Management Web
site (http://alaska.fws.gov/asm/index.cfml).
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 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Regional Subsistence Program Leader, USDA, Forest Service,
Alaska Region; (907) 743-9461 or skessler@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
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 (Program). This 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). These regulations have subsequently been
amended 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.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board is made up of:
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, 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 the subpart D regulations, which, among other things, set
forth specific harvest seasons and limits.
In administration of the Program, Alaska is divided into 10
subsistence resource regions, each of which is represented by a
Regional Advisory Council. The Regional Advisory Councils provide a
forum for rural residents with personal knowledge of local conditions
and resources to have a meaningful role in the subsistence management
of fish and wildlife on Federal public lands in Alaska. The Regional
Advisory Council members represent diverse geographical, cultural, and
user interests within each region.
Members of the regional councils, agency representatives, and the
public expressed concern to the Federal Subsistence Board that 36 CFR
242.19 and 50 CFR 100.19, respectively, needed to be revised in a
manner that provided more clarity to the Board's process of accepting
and addressing special action requests. Special actions are actions
that the Board takes to modify the take of fish and wildlife
regulations on public lands, outside of the regulatory proposal period,
to ensure the continued viability of a fish or wildlife population or
for other reasons. These actions may include closing, opening, or
adjusting the seasons; modifying the harvest limits; or modifying the
methods and means of harvest for subsistence uses of fish and wildlife.
The problem with the lack of clarity in the regulations became
particularly apparent during oral argument in the case of Ninilchik
Traditional Council v. Fleagle, when the presiding judge struggled to
interpret the procedural mechanisms described in the regulation and
criticized it for being unclear. More recently, we recognized the need
to modify Sec. ----.19 to accommodate the programmatic shift to a
biennial regulatory cycle.
Current Rule
The Secretaries published a proposed rule on October 14, 2009 (74
FR 52712), to amend subpart B, Sec. Sec. ----.10, ----.18, and ----.19
of 36 CFR 242 and 50 CFR 100.
These modifications will:
(1) Improve clarity with respect to the Board's process of
accepting and addressing special action requests;
(2) Update public notice requirements and bring them into line with
the practices of the digital age;
(3) Bring clarity to the role of the regional councils with respect
to special action requests; and
(4) Accommodate the biennial regulatory cycle, which was
implemented in 2008 (73 FR 35726; June 24, 2008).
These regulatory revisions will result in no direct change to
subsistence uses or fish and wildlife populations, but clarify the
process by which special action requests are accepted or rejected by
the Board. The proposed rule opened a comment period, which closed on
January 12, 2010. The Departments advertised the proposed rule by mail,
radio, and newspaper.
The Secretaries, through the Board, held a public meeting on
January 12, 2010, to receive comments from Regional Advisory Council
Chairs, or designated representatives, and the public. The Board met
again on April 13, 2010, to review and formulate a recommendation to
the Secretaries.
Public Review and Comment
During the public comment period, the Secretaries received two
comments, one from a State advisory commission and a second from a
private organization. At the public meeting on January 12, 2010, the
Secretaries, through the Board, received four comments, two from two
separate sporting organizations, one from a Native organization, and
one from the State. In addition, the Regional Advisory Council Chairs
were provided the opportunity to comment to the Board. The major
comments from all sources are addressed below:
Comment: The proposed rule wrongly expands the authority of the
Board under ANILCA into regulating nonsubsistence uses on Federal
public lands thereby infringing on sovereign State authority.
Response: The Secretaries hold the position that they have the
authority to open, close, restrict, or modify nonsubsistence uses, as
needed, in the taking of fish and wildlife on Federal public lands. Due
to possible misinterpretation, the Secretaries decided to remove the
phrase ``* * * or otherwise modify the requirements regarding the
taking of fish and wildlife on public lands for nonsubsistence uses.''
from the language presented in the proposed rule.
Comment: The proposed rule needs to address specific conditions for
[[Page 63090]]
reopening an area for nonsubsistence use.
Response: Under direction from the Secretaries, the Board adopted a
policy on closures to hunting, trapping and fishing on Federal public
lands and waters in Alaska on August 29, 2007. This policy addresses in
detail the removal of closures on Federal public lands and waters and
was approved by the Secretaries prior to being adopted by the Board.
Comment: The proposed rule does not provide deference to the
Regional Advisory Councils in consideration of special actions.
Response: The Secretaries address the Board's deference to the
Regional Advisory Councils in 36 CFR 242.10(e) and 50 CFR 100.10(e),
``Federal Subsistence Board; ``Relationship to Regional Councils''. It
is further addressed in the Board's closure policy of August 29, 2007.
Comment: The proposed rule does not clarify the State's role in
regard to Federal determinations that affect the State's management
responsibilities for fish and wildlife when implementing special
actions.
Response: The relationship between the Board and the State is
defined in 36 CFR 242.14 and 50 CFR 100.14, ``Relationship to State
procedures and regulations''. In addition, the Memorandum of
Understanding signed on December 5, 2008, between the Board and the
State established guidelines to coordinate the management of
subsistence uses of fish and wildlife resources on Federal public lands
and waters in Alaska.
These final regulations reflect Secretarial review and
consideration of the Federal Subsistence Board recommendation and
Regional Advisory Council and public comments. The public received
extensive opportunity to review and comment on all changes.
Analysis and justification for the action taken are available for
review at the Office of Subsistence Management, 1011 East Tudor Road,
Mail Stop 121, Anchorage, Alaska 99503, or on the Office of Subsistence
Management Web site (http://alaska.fws.gov/asm/index.cfml).
Conformance With Statutory and Regulatory Authorities
Administrative Procedure Act Compliance
The Secretaries have provided extensive opportunity for public
input and involvement in compliance with Administrative Procedure Act
requirements, including publishing a proposed rule notice in the
Federal Register, participation in multiple Regional Council meetings,
additional public review and comment on proposed regulatory changes,
and opportunity for additional public comment during the Board meeting
prior to their recommendation to the Secretaries.
Therefore, the Secretaries finds good cause pursuant to 5 U.S.C.
553(d)(3) to make this rule effective upon the date set forth in DATES
to ensure continued operation of the subsistence program.
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) 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 analyses and examined the
environmental consequences of 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 a 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 comments 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, the
Secretary of the Interior, with the concurrence of the Secretary of
Agriculture, through the U.S. Department of Agriculture-Forest Service,
implemented 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 a
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, implemented the Federal Subsistence
Management Program and included a framework for a regulatory cycle for
the subsistence taking of wildlife and fish. The following Federal
Register documents pertain to this rulemaking:
Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
Pertaining to the Final Rule
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Federal Register citation Date of publication Category Details
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57 FR 22940........................ May 29, 1992.......... Final rule............ ``Subsistence Management
Regulations for Public
Lands in Alaska; Final
Rule'' was published in
the Federal Register.
64 FR 1276......................... January 8, 1999....... Final rule............ Amended the regulations to
include subsistence
activities occurring on
inland navigable waters in
which the United States
has a reserved water right
and to identify specific
Federal land units where
reserved water rights
exist. Extended the
Federal Subsistence
Board's management to all
Federal lands selected
under the Alaska Native
Claims Settlement Act and
the Alaska Statehood Act
and situated within the
boundaries of a
Conservation System Unit,
National Recreation Area,
National Conservation
Area, or any new national
forest or forest addition,
until conveyed to the
State of Alaska or to an
Alaska Native Corporation.
Specified and clarified
the Secretaries' authority
to determine when hunting,
fishing, or trapping
activities taking place in
Alaska off the public
lands interfere with the
subsistence priority.
66 FR 31533........................ June 12, 2001......... Interim rule.......... Expanded the authority that
the Board may delegate to
agency field officials and
clarified the procedures
for enacting emergency or
temporary restrictions,
closures, or openings.
[[Page 63091]]
67 FR 30559........................ May 7, 2002........... Final rule............ Amended the operating
regulations in response to
comments on the June 12,
2001, interim rule. Also
corrected some inadvertent
errors and oversights of
previous rules.
68 FR 7703......................... February 18, 2003..... Direct final rule..... Clarified how old a person
must be to receive certain
subsistence use permits
and removed the
requirement that Regional
Councils must have an odd
number of members.
68 FR 23035........................ April 30, 2003........ Affirmation of direct Because no adverse comments
final rule. were received on the
direct final rule (68 FR
7703), the direct final
rule was adopted.
69 FR 60957........................ October 14, 2004...... Final rule............ Clarified the membership
qualifications for
Regional Advisory Council
membership and relocated
the definition of
``regulatory year'' from
subpart A to subpart D of
the regulations.
70 FR 76400........................ December 27, 2005..... Final rule............ Revised jurisdiction in
marine waters and
clarified jurisdiction
relative to military
lands.
71 FR 49997........................ August 24, 2006....... Final rule............ Revised the jurisdiction of
the subsistence program by
adding submerged lands and
waters in the area of
Makhnati Island, near
Sitka, AK. This allowed
subsistence users to
harvest marine resources
in this area under
seasons, harvest limits,
and methods specified in
the regulations.
72 FR 25688........................ May 7, 2007........... Final rule............ Revised nonrural
determinations.
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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, therefore, signed a Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA 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
and concluded that the Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence uses, but will
not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of this
rule was conducted in accordance with section 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA section 810(a).
Paperwork Reduction Act
An agency may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number. This rule
does not contain any new collections of information that require OMB
approval. OMB has reviewed and approved the following collections of
information associated with the subsistence regulations at 36 CFR 242
and 50 CFR 100: Subsistence hunting and fishing applications, permits,
and reports, Federal Subsistence Regional Advisory Council Membership
Application/Nomination and Interview Forms (OMB Control No. 1018-0075
expires January 31, 2013).
Regulatory Planning and Review (Executive Order 12866)
The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four
criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
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 effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
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 two million pounds of meat are harvested by subsistence users
annually and, if given an estimated dollar value of $3.00 per pound,
this amount would equate to about $6 million in food value statewide.
Based upon the amounts and values cited above, the Departments certify
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.
Small Business Regulatory Enforcement Fairness 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
[[Page 63092]]
of U.S.-based enterprises to compete with foreign-based enterprises.
Executive Order 12630
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.
Unfunded Mandates Reform Act
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.
Executive Order 12988
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.
Executive Order 13132
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.
Executive Order 13175
The Alaska National Interest Lands Conservation Act does not
specifically provide rights to tribes for the subsistence taking of
wildlife, fish, and shellfish. However, the Secretaries have elected to
provide tribes an opportunity to consult on this rule. The Secretaries,
through the Board, provided a variety of opportunities for consultation
through: proposing changes to the existing rule; commenting on proposed
changes to the existing rule; engaging in dialogue at the Regional
Advisory Council meetings; engaging in dialogue at the Board's
meetings; and providing input in person, by mail, email, or phone at
any time during the rulemaking process.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this rule is
not a significant regulatory action under E.O. 13211, affecting energy
supply, distribution, or use, and no Statement of Energy Effects is
required.
Drafting Information
Theo Matuskowitz 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.
Additional assistance was provided by
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Sandy Rabinowitch and Nancy Swanton, Alaska Regional
Office, National Park Service;
Dr. Glenn Chen and Patricia Petrivelli, Alaska Regional
Office, Bureau of Indian Affairs;
Jerry Berg and Carl Jack, Alaska Regional Office, U.S.
Fish and Wildlife Service; and
Steve Kessler, Alaska Regional Office, U.S. Forest
Service.
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.
0
For the reasons set out in the preamble, the Federal Subsistence Board
amends subpart B of part 242 of title 36 and part 100 of title 50 of
the Code of Federal Regulations, as set forth below.
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. ----.10 by revising paragraph (d)(4)(vi), redesignating
paragraphs (d)(4)(vii) through (d)(4)(xix) as paragraphs (d)(4)(viii)
through (d)(4)(xx), and adding a new paragraph (d)(4)(vii) to read as
follows:
Sec. ----.10 Federal Subsistence Board.
* * * * *
(d) * * *
(4) * * *
(vi) Restrict the taking of fish and wildlife on public lands for
nonsubsistence uses or close public lands to the take of fish and
wildlife for nonsubsistence uses when necessary for the conservation of
healthy populations of fish or wildlife, to continue subsistence uses
of fish or wildlife, or for reasons of public safety or administration.
The Board may also reopen public lands to nonsubsistence uses if new
information or changed conditions indicate that the closure is no
longer warranted;
(vii) Restrict the taking of a particular fish or wildlife
population on public lands for subsistence uses, close public lands to
the take of fish and wildlife for subsistence uses, or otherwise modify
the requirements for take from a particular fish or wildlife population
on public lands for subsistence uses when necessary to ensure the
continued viability of a fish or wildlife population, or for reasons of
public safety or administration. As soon as conditions warrant, the
Board may also reopen public lands to the taking of a fish and wildlife
population for subsistence users to continue those uses;
* * * * *
0
3. Revise the introductory text of paragraph (a) of Sec. ----.18 to
read as follows:
Sec. ----.18 Regulation adoption process.
(a) The Board will accept proposals for changes to the Federal
subsistence regulations in subparts C or D of this part according to a
published schedule, except for proposals for emergency and temporary
special actions, which the Board will accept according to procedures
set forth in Sec. ----.19. The Board may establish a rotating schedule
for accepting proposals on various sections of subpart C or subpart D
regulations over a period of years. The Board will develop and publish
proposed regulations in the Federal Register, publish notice in local
newspapers, and distribute comments on the proposed regulations in the
form of proposals for public review.
* * * * *
0
4. Revise Sec. ----.19 to read as follows:
Sec. ----.19 Special actions.
(a) Emergency special actions. In an emergency situation, if
necessary to ensure the continued viability of a fish or wildlife
population, to continue subsistence uses of fish or wildlife, or for
public safety reasons, the Board may immediately open or close public
lands for the taking of fish and wildlife for subsistence uses, or
modify the requirements for take for subsistence uses, or close public
lands to take for nonsubsistence uses of fish and wildlife,
[[Page 63093]]
or restrict the requirements for take for nonsubsistence uses.
(1) If the timing of a regularly scheduled meeting of the affected
Regional Council so permits without incurring undue delay, the Board
may seek Council recommendations on the proposed emergency special
action. Such a Council recommendation, if any, will be subject to the
requirements of Sec. ----.18(a)(4).
(2) The emergency action will be effective when directed by the
Board, may not exceed 60 days, and may not be extended unless the
procedures for adoption of a temporary special action, as set forth in
paragraph (b) of this section, have been followed.
(b) Temporary special actions. After adequate notice and public
hearing, the Board may temporarily close or open public lands for the
taking of fish and wildlife for subsistence uses, or modify the
requirements for subsistence take, or close public lands for the taking
of fish and wildlife for nonsubsistence uses, or restrict take for
nonsubsistence uses.
(1) The Board may make such temporary changes only after it
determines that the proposed temporary change will not interfere with
the conservation of healthy fish and wildlife populations, will not be
detrimental to the long-term subsistence use of fish or wildlife
resources, and is not an unnecessary restriction on nonsubsistence
users. The Board may also reopen public lands to nonsubsistence uses if
new information or changed conditions indicate that the closure is no
longer warranted.
(i) Prior to implementing a temporary special action, the Board
will consult with the State of Alaska and the Chairs of the Regional
Councils of the affected regions.
(ii) If the timing of a regularly scheduled meeting of the affected
Regional Council so permits without incurring undue delay, the Board
will seek Council recommendations on the proposed temporary special
action. Such Council recommendations, if any, will be subject to the
requirements of Sec. ----.18(a)(4).
(2) The length of any temporary action will be confined to the
minimum time period or harvest limit determined by the Board to be
necessary under the circumstances. In any event, a temporary opening or
closure will not extend longer than the end of the current regulatory
cycle.
(c) The Board may reject a request for either an emergency or a
temporary special action if the Board concludes that there are no time-
sensitive circumstances necessitating a regulatory change before the
next regular proposal cycle. However, a special action request that has
been rejected for this reason may be deferred, if appropriate and after
consultation with the proponent, for consideration during the next
regular proposal cycle. The Board will consider changes to customary
and traditional use determinations in subpart C of this part only
during the regular proposal cycle.
(d) The Board will provide notice of all regulatory changes adopted
via special action by posting the change on the Office of Subsistence
Management Web site (http://alaska.fws.gov/asm/index.cfml). When
appropriate, notice may also include distribution of press releases to
newspapers, local radio stations, and local contacts, as well as direct
notification to the proponent and interested parties. The Board will
publish notice and reasons justifying the special action in the Federal
Register as soon as practicable.
(e) The decision of the Board on any proposed special action will
constitute its final administrative action.
(f) Regulations authorizing any individual agency to implement
closures or restrictions on public lands managed by the agency remain
unaffected by the regulations in this part.
(g) Fish and wildlife may not be taken in violation of any
restriction, closure, or change authorized by the Board.
Dated: July 13, 2010.
Ken Salazar,
Secretary of the Interior, Department of the Interior.
Beth G. Pendleton,
Regional Forester, USDA--Forest Service.
[FR Doc. 2010-25816 Filed 10-13-10; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P