Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules 46423 

action is not a significant action and no 

Statement of Energy Effects is required. 

William Knauer 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. Chuck Ardizzone, 

Alaska State Office, Bureau of Land 

Management; Greg Bos, Carl Jack, and 

Jerry Berg, Alaska Regional Office, U.S. 

Fish and Wildlife Service; Sandy 

Rabinowitch and Nancy Swanton, 

Alaska Regional Office, National Park 

Service; Dr. Warren Eastland, Pat 

Petrivelli, and Dr. Glenn Chen, Alaska 

Regional Office, Bureau of Indian 

Affairs; and Steve Kessler, Alaska 

Regional Office, USDA—Forest Service 

provided additional guidance. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

List of Subjects 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

For the reasons set out in the 

preamble, the Secretaries propose to 

amend title 36, part 242, and title 50, 

part 100, of the Code of Federal 

Regulations, as set forth below. 

PART ll—SUBSISTENCE 

MANAGEMENT REGULATIONS FOR 

PUBLIC LANDS IN ALASKA 

1. The authority citation for both 36 

CFR part 242 and 50 CFR part 100 

would continue 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. 

Subpart C—Board Determinations 

2. In Subpart C of 36 CFR part 242 

and 50 CFR part 100, § ll.23(a) would 

be revised to read as follows: 

* * * * * 

§ll.23 Rural Determinations. 

(a) The Board has determined all 

communities and areas to be rural in 

accordance with § ll.15 except the 

following: 

(1) Fairbanks North Star Borough; 

(2) Homer area—including Homer, 

Anchor Point, North Fork Road area, 

Kachemak City, and the Fritz Creek area 

(not including Voznesenka); 

(3) Juneau area—including Juneau, 

West Juneau, and Douglas; 

(4) Kenai area—including Kenai, 

Soldotna, Sterling, Nikiski, Salamatof, 

Kalifornsky, Kasilof, and Clam Gulch; 

(5) Ketchikan area—including all 

parts of the road system connected to 

the City of Ketchikan (except Saxman), 

Pennock Island, and parts of Gravina 

Island; 

(6) Kodiak area—including the City of 

Kodiak, the Mill Bay area, the Coast 

Guard Station, Womens Bay, and Bells 

Flats; 

(7) Municipality of Anchorage; 

(8) Prudhoe Bay; 

(9) Seward area—including Seward 

and Moose Pass; 

(10) Valdez; and 

(11) Wasilla/Palmer area—including 

Wasilla, Palmer, Sutton, Big Lake, 

Houston, Point MacKenzie, and 

Bodenberg Butte. 

You may obtain maps delineating the 

boundaries of nonrural areas from the 

U.S. Fish and Wildlife Service, Office of 

Subsistence Management. 

* * * * * 

Dated: July 24, 2006. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: July 24, 2006. 

Steve Kessler, 

Subsistence Program Leader, USDA—Forest 

Service. 

[FR Doc. 06–6902 Filed 8–11–06; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AU15 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart C 

and Subpart D—2007–2008 

Subsistence Taking of Wildlife 

Regulations; 2007–2008 Subsistence 

Taking of Fish on the Kenai Peninsula 

Regulations 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

establish regulations for hunting and 

trapping seasons, harvest limits, 

methods, and means related to taking of 

wildlife for subsistence uses during the 

2007–2008 regulatory year. The 

rulemaking is necessary because 

Subpart D is subject to an annual public 

review cycle. When final, this 

rulemaking would replace the wildlife 

taking regulations included in the 

‘‘Subsistence Management Regulations 

for Public Lands in Alaska, Subpart D—

2006–2007 Subsistence Taking of Fish 

and Wildlife Regulations,’’ which expire 

on June 30, 2007. This rule would also 

amend the Customary and Traditional 

Use Determinations of the Federal 

Subsistence Board and the General 

Regulations on taking of wildlife. In 

addition, at the request of the 

Southcentral Subsistence Regional 

Advisory Council, the Federal 

Subsistence Board is accepting 

proposals to revise the regulations for 

fishing seasons, harvest limits, and 

methods related to taking of fish on the 

Kenai Peninsula for subsistence uses 

during the 2007–2008 regulatory year. 

DATES: The Federal Subsistence Board 

must receive your written public 

comments and proposals to change this 

proposed rule no later than October 20, 

2006. Federal Subsistence Regional 

Advisory Councils (Regional Councils) 

will hold public meetings to receive 

proposals to change this proposed rule 

on several dates from September 7, 

2006, through October 20, 2006. See 

SUPPLEMENTARY INFORMATION for 

additional information on the public 

meetings, including dates. 

ADDRESSES: You may submit proposals 

electronically to Subsistence@fws.gov. 

See SUPPLEMENTARY INFORMATION for file 

formats and other information about 

electronic filing. You may also submit 

written comments and proposals to the 

Office of Subsistence Management, 3601 

C Street, Suite 1030, Anchorage, Alaska 

99503. The public meetings will be held 

at various locations in Alaska. See 

SUPPLEMENTARY INFORMATION for 

additional information on locations of 

the public meetings. 

FOR FURTHER INFORMATION CONTACT: Pete 

Probasco, Office of Subsistence 

Management; (907) 786–3888. For 

questions specific to National Forest 

System lands, contact Steve Kessler, 

(907) 786–3592. 

SUPPLEMENTARY INFORMATION: 

Public Review Process—Regulation 

Comments, Proposals, and Public 

Meetings 

The Federal Subsistence Board 

(Board), through the Regional Councils, 

will hold meetings on this proposed 

rule at the following Alaska locations, 

on the following dates: 


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46424 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules 

Region 1—Southeast Regional Council ............................................................... Sitka ...................................................... October 10, 2006. 

Region 2—Southcentral Regional Council ........................................................... Homer ................................................... October 17, 2006. 

Region 3—Kodiak/Aleutians Regional Council .................................................... Kodiak ................................................... September 21, 2006. 

Region 4—Bristol Bay Regional Council ............................................................. Dillingham ............................................. October 2, 2006. 

Region 5—Yukon-Kuskokwim Delta Regional Council ........................................ Bethel .................................................... October 5, 2006. 

Region 6—Western Interior Regional Council ..................................................... Ruby ...................................................... October 11, 2006. 

Region 7—Seward Peninsula Regional Council .................................................. Nome .................................................... October 5, 2006. 

Region 8—Northwest Arctic Regional Council .................................................... Kotzebue ............................................... October 13, 2006. 

Region 9—Eastern Interior Regional Council ...................................................... Delta Junction ....................................... October 17, 2006. 

Region 10—North Slope Regional Council .......................................................... Barrow ................................................... September 7, 2006. 

Specific times and meeting locations 

will be published in local and statewide 

newspapers prior to the meetings. 

Locations and dates may change based 

on weather or local circumstances. The 

amount of material on each Regional 

Council’s agenda will determine the 

length of the Regional Council meetings. 

The agenda of each Regional Council 

meeting will include a review of 

wildlife issues in the Region, discussion 

and development of recommendations 

on fishery proposals for the Region, and 

staff briefings on matters of interest to 

the Council. 

Electronic filing of comments is 

preferred: You may submit electronic 

comments (proposals) and other data to 

Subsistence@fws.gov. Please submit as 

Adobe Acrobat (PDF) or MS Word files, 

avoiding the use of any special 

characters and any form of encryption. 

During November 2006, we will 

compile the written proposals to change 

Subpart D hunting and trapping 

regulations and Subpart C customary 

and traditional use determinations and 

distribute them for additional public 

review in a 30-day public comment 

period. During the public comment 

period, which is presently scheduled to 

end on January 5, 2007, we will accept 

written public comments on distributed 

proposals. 

A second series of Regional Council 

meetings will be held in February and 

March 2007, to assist the Regional 

Councils in developing 

recommendations to the Board. You 

may also present comments on 

published proposals to change hunting 

and trapping and customary and 

traditional use determination 

regulations to the Regional Councils at 

those winter meetings. 

The Board will discuss and evaluate 

proposed changes to this rule during a 

public meeting scheduled to be held in 

Anchorage, May 8–10, 2007. You may 

provide additional oral testimony on 

specific proposals before the Board at 

that time. At that public meeting, the 

Board will then deliberate and take final 

action on proposals received that 

request changes to this proposed rule. 

Please Note: The Board will not consider 

proposals for changes relating to fish or 

shellfish regulations, other than for the Kenai 

Peninsula, at this time. The Board will be 

calling for proposed changes to the fish and 

shellfish regulations in January 2007. 

The Board’s review of your 

comments, fish proposals for the Kenai 

Peninsula only, and wildlife and will be 

facilitated by you providing the 

following information: (a) Your name, 

address, and telephone number; (b) The 

section and/or paragraph of this 

proposed rule for which you are 

suggesting changes; (c) A statement 

explaining why the change is necessary; 

(d) The proposed wording change; (e) 

Any additional information you believe 

will help the Board in evaluating your 

proposal. Proposals that fail to include 

the above information, or proposals that 

are beyond the scope of authorities in 

§ ll.24, Subpart C, and §§ ll.25, 

ll.26, or ll.27, Subpart D, may be 

rejected. The Board may defer review 

and action on some proposals to allow 

time for local cooperative planning 

efforts, or to acquire additional needed 

information, or if workload exceeds 

work capacity of staff, Regional 

Councils, or the Board. These deferrals 

will be based on recommendations of 

the affected Regional Council, staff 

members, and on the basis of least harm 

to the subsistence user and the resource 

involved. Proposals should be specific 

to customary and traditional use 

determinations or to subsistence 

hunting and trapping seasons, harvest 

limits, and/or methods and means. 

Background 

Title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126) 

requires that the Secretary of the Interior 

and the Secretary of Agriculture 

(Secretaries) implement a joint program 

to grant a preference for subsistence 

uses of fish and wildlife resources on 

public lands, unless the State of Alaska 

enacts and implements laws of general 

applicability that are consistent with 

ANILCA and that provide for the 

subsistence definition, preference, and 

participation specified in sections 803, 

804, and 805 of ANILCA. The State 

implemented a program that the 

Department of the Interior previously 

found to be consistent with ANILCA. 

However, in December 1989, the Alaska 

Supreme Court ruled in McDowell v. 

State of Alaska that the rural preference 

in the State subsistence statute violated 

the Alaska Constitution. The Court’s 

ruling in McDowell required the State to 

delete the rural preference from the 

subsistence statute and, therefore, 

negated State compliance with ANILCA. 

The Court stayed the effect of the 

decision until July 1, 1990. 

As a result of the McDowell decision, 

the Department of the Interior and the 

Department of Agriculture 

(Departments) assumed, on July 1, 1990, 

responsibility for implementation of 

Title VIII of ANILCA on public lands. 

On June 29, 1990, the Temporary 

Subsistence Management Regulations 

for Public Lands in Alaska were 

published in the Federal Register (55 

FR 27114–27170). On January 8, 1999 

(64 FR 1276), the Departments extended 

jurisdiction to include waters in which 

there exists a Federal reserved water 

right. This amended rule conformed the 

Federal Subsistence Management 

Program to the Ninth Circuit’s ruling in 

Alaska v. Babbitt. Consistent with 

Subparts A, B, and C of these 

regulations, as revised February 18, 

2003 (68 FR 7703), the Departments 

established a Federal Subsistence Board 

to administer the Federal Subsistence 

Management Program. The Board’s 

composition consists 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, USDA 

Forest Service. Through the Board, these 

agencies participate in the development 

of regulations for Subparts A and B and 

the annual Subparts C and D 

regulations. 

All Board members have reviewed 

this proposed rule and agree with its 

substance. Because this proposed rule 

relates to public lands managed by an 

agency or agencies in both the 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules 46425 

Departments of Agriculture and the 

Interior, identical text would be 

incorporated into 36 CFR part 242 and 

50 CFR part 100. 

Applicability of Subparts A, B, and C 

Subparts A, B, and C (unless 

otherwise amended) of the Subsistence 

Management Regulations for Public 

Lands in Alaska, 50 CFR 100.1 to 100.23 

and 36 CFR 242.1 to 242.23, remain 

effective and apply to this rule. 

Therefore, all definitions located at 50 

CFR 100.4 and 36 CFR 242.4 would 

apply to regulations found in this 

subpart. 

Federal Subsistence Regional Advisory 

Councils 

Pursuant to the Record of Decision, 

Subsistence Management Regulations 

for Federal Public Lands in Alaska, 

April 6, 1992, and the Subsistence 

Management Regulations for Federal 

Public Lands in Alaska, 36 CFR 242.11 

(2004) and 50 CFR 100.11 (2004), and 

for the purposes identified therein, we 

divide 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 Alaska public lands. 

The Regional Council members 

represent varied geographical, cultural, 

and user diversity within each region. 

The Regional Councils have a 

substantial role in reviewing the 

proposed rule and making 

recommendations for the final rule. 

Moreover, the Council Chairs, or their 

designated representatives, will present 

their Council’s recommendations at the 

Board meeting in May 2007. 

Proposed Changes From 2006–2007 

Wildlife Seasons and Harvest Limit 

Regulations 

Subpart D regulations are subject to 

an annual cycle and require 

development of an entire new rule each 

year. Customary and traditional use 

determinations (§ ll.24 of Subpart C) 

are also subject to an annual review 

process providing for modification each 

year. The text of the 2006–2007 

Subparts C and D final rule published 

June 30, 2006 (71 FR 37642), serves as 

the foundation for this 2007–2008 

Subparts C and D proposed rule. The 

regulations relating to wildlife 

contained in this proposed rule would 

take effect on July 1, 2007, unless 

elements are changed by subsequent 

Board action following the public 

review process outlined herein. 

Proposed Changes to Kenai Peninsula 

Fishing Seasons and Harvest Limit 

Regulations 

At its winter 2006 meeting, the 

Southcentral Regional Council 

requested that the Board either extend 

the proposal period for receiving fishery 

proposals for the Kenai Peninsula or 

reopen the proposal period concurrently 

with the fall 2006 wildlife proposal 

period. Over time, the Board has come 

to recognize and appreciate the unique 

nature of the circumstances associated 

with management of fish and wildlife 

resources on the Kenai Peninsula. These 

circumstances stem, in large part, from 

competing intensive use by local 

residents, other Alaskans, and 

nonresidents. The Board believes that 

the best option for resolving 

subsistence-related conflicts on the 

Kenai Peninsula is the establishment of 

a dedicated forum for all interested 

users of fish and wildlife to share their 

views and discuss their respective 

needs. In light of that, the Board has 

requested that the Secretary of the 

Interior authorize the establishment of a 

new subsistence regional advisory 

council to address subsistence uses of 

fish and wildlife on Federal public 

lands and waters on the Kenai 

Peninsula. Also, with the new 

customary and traditional use 

determinations that the Board adopted 

during its January 2006 meeting, it is 

appropriate to consider changes to the 

seasons, harvest limits, and methods of 

take by subsistence users for fish on the 

Kenai Peninsula for the 2007 fishing 

season. With this notice, the Board is 

providing a special opportunity for the 

public to propose changes to the 2006 

fishing regulations for the Kenai 

Peninsula, published in the Federal 

Register on March 29, 2006 (71 FR 

15569). The Board will make a 

concerted effort to have any adopted 

changes in place for the 2007 fishing 

season on the Kenai Peninsula. 

Conformance With Statutory and 

Regulatory Authorities 

National Environmental Policy Act: A 

Draft Environmental Impact Statement 

(DEIS) that described four alternatives 

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 analysis and 

examined the environmental 

consequences of the 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 an annual 

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 comment 

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, it was the decision of the 

Secretary of the Interior, with the 

concurrence of the Secretary of 

Agriculture, through the U.S. 

Department of Agriculture-Forest 

Service, to implement 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 

an annual 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 (57 FR 22940; May 29, 1992), 

implemented the Federal Subsistence 

Management Program and included a 

framework for an annual cycle for 

subsistence hunting and fishing 

regulations. 

An environmental assessment was 

prepared in 1997 on the expansion of 

Federal jurisdiction over fisheries and is 

available at the office listed under 

ADDRESSES. The Secretary of the 

Interior, with the concurrence of the 

Secretary of Agriculture, determined 

that the expansion of Federal 

jurisdiction does not constitute a major 

Federal action significantly affecting the 

human environment and has therefore 

signed a Finding of No Significant 

Impact. 

Section 810 of ANILCA: A 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 hunting and 

fishing regulations, may have some local 

impacts on subsistence uses, but will 


jlentini on PROD1PC65 with PROPOSAL
46426 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules 

not likely restrict subsistence uses 

significantly. 

During the environmental assessment 

process for extending fisheries 

jurisdiction, an evaluation of the effects 

of this rule was also conducted in 

accordance with section 810. This 

evaluation supports the Secretaries’

determination that the rule will not 

reach the ‘‘may significantly restrict’’

threshold for notice and hearings under 

ANILCA section 810(a) for any 

subsistence resources or uses. 

Paperwork Reduction Act: This 

proposed rule does not contain any 

information collections for which OMB 

approval is required under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Federal Agencies 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

Economic Effects: This rule is not a 

significant rule subject to OMB review 

under Executive Order 12866. This 

rulemaking will impose no significant 

costs on small entities; this rule does 

not restrict any existing sport or 

commercial fishery on the public lands, 

and subsistence fisheries will continue 

at essentially the same levels as they 

presently occur. The exact number of 

businesses and the amount of trade that 

will result from this Federal landrelated activity is unknown. The 

aggregate effect is an insignificant 

positive economic effect on a number of 

small entities, such as ammunition, 

snowmachine, and gasoline dealers. The 

number of small entities affected is 

unknown; however, the fact that the 

positive effects will be seasonal in 

nature and will, in most cases, merely 

continue preexisting uses of public 

lands indicates that they will not be 

significant. 

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 2 

million pounds of meat are harvested by 

subsistence users annually and, if given 

an estimated dollar value of $3.00 per 

pound, would equate to about $6 

million in food value Statewide. 

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. The 

Departments certify based on the above 

figures 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. 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 

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. 

Government-to-Government Relations 

with Native American Tribal 

Governments: In accordance with the 

President’s memorandum of April 29, 

1994, ‘‘Government-to-Government 

Relations with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on Federally 

recognized Indian tribes and have 

determined that there are no substantial 

direct effects. The Bureau of Indian 

Affairs is a participating agency in this 

rulemaking. 

Energy Effects: On May 18, 2001, the 

President issued Executive Order 13211 

on regulations that significantly affect 

energy supply, distribution, or use. This 

Executive Order requires agencies to 

prepare Statements of Energy Effects 

when undertaking certain actions. As 

this rule is not a significant regulatory 

action under Executive Order 13211, 

affecting energy supply, distribution, or 

use, this action is not a significant 

action and no Statement of Energy 

Effects is required. 

Drafting Information: Bill Knauer 

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. 

Chuck Ardizzone, Alaska State Office, 

Bureau of Land Management; Sandy 

Rabinowitch, Alaska Regional Office, 

National Park Service; Warren Eastland, 

Alaska Regional Office, Bureau of 

Indian Affairs; Greg Bos, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; and Steve Kessler, Alaska 

Regional Office, USDA-Forest Service 

provided additional guidance. 

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. 

For the reasons set out in the 

preamble, the Federal Subsistence 

Board proposes to amend 36 CFR part 

242 and 50 CFR part 100 for the 2007–

08 regulatory year. The text of the 

amendments would be the same as the 

final rule for the 2006–07 wildlife 

regulatory year published in the Federal 

Register (71 FR 37642) June 30, 2006, 

and the final rule for the 2006–07 

fishery regulatory year published in the 

Federal Register (71 FR 15569) March 

29, 2006. 

Dated: July 18, 2006. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: July 20, 2006. 

Steve Kessler, 

Subsistence Program Leader, USDA—Forest 

Service. 

[FR Doc. 06–6903 Filed 8–11–06; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 


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