[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR242.18]

[Page 205-206]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 242--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA--
Table of Contents
 
                      Subpart B--Program Structure
 
Sec. 242.18  Regulation adoption process.

    (a) Proposals for changes to the Federal subsistence regulations in 
subparts C or D of this part shall be accepted by the Board according to 
a published schedule. 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 shall develop and publish 
proposed regulations

[[Page 206]]

in the Federal Register and publish notice in local newspapers. Comments 
on the proposed regulations in the form of proposals shall be 
distributed for public review.
    (1) Proposals shall be made available for at least a thirty (30) day 
review by the Regional Councils. Regional Councils shall forward their 
recommendations on proposals to the Board. Such proposals with 
recommendations may be submitted in the time period as specified by the 
Board or as a part of the Regional Council's annual report described in 
Sec. 242.11, whichever is earlier.
    (2) The Board shall publish notice throughout Alaska of the 
availability of proposals received.
    (3) The public shall have at least thirty (30) days to review and 
comment on proposals.
    (4) After the comment period the Board shall meet to receive public 
testimony and consider the proposals. The Board shall consider 
traditional use patterns when establishing harvest levels and seasons, 
and methods and means. The Board may choose not to follow any 
recommendation which the Board determines is not supported by 
substantial evidence, violates recognized principles of fish and 
wildlife conservation, or would be detrimental to the satisfaction of 
subsistence needs. If a recommendation approved by a Regional Council is 
not adopted by the Board, the Board shall set forth the factual basis 
and the reasons for its decision in writing to the Regional Council.
    (5) Following consideration of the proposals the Board shall publish 
final regulations pertaining to subparts C and D of this part in the 
Federal Register.
    (b) Proposals for changes to subparts A and B of this part shall be 
accepted by the Secretary of the Interior in accordance with 43 CFR part 
14.