[Federal Register: February 6, 2009 (Volume 74, Number 24)]
[Proposed Rules]               
[Page 6250]
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

[FWS-R7--SM-2009-0001; 701 01-I 261-0000L6]
RIN 1018-AW3O

Subsistence Management Regulations for Public Lands in Alaska--
2010-11 and 2011-12 Subsistence Taking or Wildlife Regulations

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

ACTION: Proposed rule; withdrawal.


SUMMARY: In accordance with the January 20, 2009, memorandum 
``Regulatory Review,'' signed by Chief of Staff Rahm Emanuel, we, the 
U.S. Forest Service and U.S. Fish and Wildlife Service, withdraw our 
proposed rule published January 29, 2009, to establish regulations for 
hunting and trapping seasons, harvest limits, methods, and means 
related to taking of wildlife for subsistence uses in Alaska during the 
2010-11 and 2011-12 regulatory years.

DATES: Effective February 4, 2009, the Forest Service and the Fish and 
Wildlife Service withdraw the joint proposed rule published January 29, 
2009 (74 FR 5127).

questions, contact Peter 3. Probasco, Chair, Federal Subsistence Board, 
c/o U.S. Fish and Wildlife Service, Office of Subsistence Management, 
at (907) 786-3888 (telephone) or subsistence@fws.gov (e-mail). For 
National Forest System lands questions, contact Steve Kessler, Regional 
Subsistence Program Leader, USDA, Forest Service, Alaska Region, at 
(907) 743-9461 (telephone).



    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 originally 
published regulations to carry out the program in the Federal Register 
on May 29, 1992 (57 FR 22940), and the program has subsequently amended 
these regulations several times. Because this program is a joint effort 
between Interior and Agriculture, its 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.
    Among other things, subpart D of these regulations set forth 
specific harvest seasons and limits. Subpart D regulations are subject 
to periodic review and revision. The Federal Subsistence Board 
completes the biennial process of revising subsistence hunting and 
trapping regulations for wildlife in even-numbered years and 
subsistence fishing and shellfish regulations in odd-numbered years; 
public proposal and review processes take place during the preceding 
year. The Board also addresses customary and traditional use 
determinations during the applicable biennial cycle.
    On January 29, 2009 (74 FR 5127), we published a proposed rule in 
the Federal Register revising the subpart D regulations that set forth 
specific harvest seasons and limits for wildlife and the subpart C 
customary and traditional use determinations. The text of the 2008-10 
subparts C and D final rule that published June 24, 2008 (73 FR 35726), 
serve as the text for our 2010-12 subparts C and D proposed rule 
(January 29, 2009, 74 FR 5127).
    We are withdrawing this rule because publication did not follow the 
requirements set forth in a January 20, 2009, memorandum signed by the 
President's Chief of Staff. That memorandum requires Administration 
appointees to review rules prior to publication. This rule did not 
receive complete Administration review.
    For more about the background and structure of the Federal 
Subsistence Program, Federal Subsistence Board, and Federal Subsistence 
Regional Advisory Councils; our Public Review Process involving 
Comments, Proposals, and Public Meetings; Compliance with Statutory and 
Regulatory Authorities; and discussion of our original proposed rule, 
see 74 FR 5127.

    Dated: January 29, 2009.
Rowan Gould,
Acting Director, U.S. Fish and Wildlife Service.
    Dated: February 3, 2009.
Abigail Kimbell,
Chief of the U.S. Forest Service.
[FR Doc. E9-2608 Filed 2-4-09; 11:15 am]